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RPVCCA_CC_SR_2013_08_06_05_Border_IssuesCITY OF MEMORANDUM TO: FROM: DATE: SUBJECT: REVIEWED: HONORABLE MAYOR & CITY COUNCIL MEMBERS CAROLYNN PETRU, AICP, DEPUTY CITY MANAGER~ AUGUST 6, 2013 BORDER ISSUES STATUS REPOR~ ... n. CAROLYN LEHR, CITY MANAGER ~ Project Manager: Kit Fox, AICP, Senior Administrative Analyst@) RECOMMENDATION 1) Receive and file the current report on the status of Border Issues; and 2) adopt Resolution No. 2013-_, expressing an official City Council position opposing the current Ponte Vista proposal. EXECUTIVE SUMMARY This month's report includes: • A report on the release of the Final Environmental Impact Report (FEIR) for the Ponte Vista project at the former Navy housing site on Western Avenue in Los Angeles (San Pedro); • An update on the Los Angeles County General Plan Update affecting the unincorporated areas of the Peninsula; • An update on recent issues and events related to the Rancho LPG butane storage facility in Los Angeles (San Pedro); and, • A report on the release of the Final Program Environmental Impact Report (FPEIR) for the Port Master Plan Update in the Port of Los Angeles (San Pedro). BACKGROUND The following is the regular bi-monthly report to the City Council on various "Border Issues" potentially affecting the residents of Rancho Palos Verdes. The complete text of the current status report is available for review on the City's website at: http://palosverdes.com/rovlp/anning/border issues/2013120130806 Border/ssues StatusRpt.cfm 5-1 MEMORANDUM: Border Issues Status Report August6,2013 Page2 DISCUSSION Current Border Issues Ponte Vista Project at Former Navy Housing Site, Los Angeles (San Pedro) On June 27, 2013, the City of Los Angeles released the Final Environmental Impact Report (FEIR) for the Ponte Vista project on Western Avenue in San Pedro. The FEIR and appendices are available for review on-line at the following link: http://planning.la city. org/eir/Ponte VistaProj2/FEI R/FEI R%20Ponte%20Vista%20Project. htm I Staff posted a link to PDFs of the FEIR and appendices under the "Spotlight" feature on the City's home page, and the FEIR was also made available for review in digital form at the Miraleste Branch Library on Palos Verdes Drive East. Although the 1, 135-unit plan is still officially the "proposed" project, the FEI R makes it clear that it is the developer's intention to pursue the reduced-density, 830-unit proposal (Alternative 'C'). The FEIR includes detailed analysis of two (2) additional alternatives: a 169-unit detached, single-family alternative that complies with the current site zoning (R1-1XL and OS-1XL); and a 477-unit mixed-use alternative that includes commercial and office space, a branch library and a 6-acre public park. However, both of these new alternatives are rejected as financially infeasible. The FEIR also includes a detailed summary and analysis of the project's relationship to the Rancho LPG facility. A public hearing on the development entitlements and FEIR before the Deputy Advisory Agency and the City Planning Commission Hearing Officer was initially scheduled for Wednesday, July 24, 2013, at 10:00 AM at Los Angeles City Hall on Downtown Los Angeles. Mayor Brooks contacted Los Angeles City Councilman Joe Buscaino to ask for a change of venue for the public hearing, as had been done for the previous 2,300- unit Ponte Vista proposal in 2008-2009. On July 3, 2013, Staff learned that the Ponte Vista hearing had been moved to the Port of Los Angeles Administration Building in Downtown San Pedro at 10:00 AM on Tuesday, July 30, 2013 (see attached revised notice). Staff immediately notified subscribers to our Border Issues listserve group of these changes. However, it should also be noted that the purpose of the public hearing is only to receive public testimony on the development entitlements and FEIR. Based upon public comment submitted at the hearing, a Staff report and recommendation will be prepared for the consideration of the Los Angeles City Planning Commission at a future date. The project will also need to be approved by the Los Angeles City Council. On July 1, 2013, the Planning and Land Use Committee of the Northwest San Pedro Neighborhood Council (NWSPNC) met to discuss the Ponte Vista FEIR. At that meeting, the developer's community outreach representative reported that the 830-unit proposal had been further modified to: • Provide a 3.5-acre open space/park area along the access roadway to Mary Star-of-the-Sea High School; 5-2 MEMORANDUM: Border Issues Status Report August6,2013 Page3 • Incorporate a business center into the proposed resident community center; • Allow for an on-site daycare center within the project site; and, • Provide an emergency egress driveway from the adjacent Seaport Townhomes condominiums. Even with these further modifications, the NWSPNC remained concerned about the FEIR and the proposed project and specific plan. However, NWSPNC refrained at that time from expressing formal opposition to the project in the interest of maintaining open lines of communication with the developer. Shortly after the July 1st NWSPNC meeting, the developer's community outreach team contacted Staff about meeting to discuss our City's concerns about the project. Although we were unable to arrange a meeting before the July 30th public hearing, we did ask if the developer would be able to make a brief presentation of the project to the City Council at tonight's meeting. As of the date that this report was completed, the developer had yet to confirm whether or not they would be able to attend tonight's meeting. However, it should be noted that Staff has tentatively scheduled a meeting with the developer's community outreach team on August 15, 2013. Staff has reviewed the FEIR and the City of Los Angeles' responses to our previous comments on the Draft EIR. On July 29, 2013, Staff transmitted the attached comments on the project and FEIR to the City of Los Angeles. We acknowledged that the applicant had responded extensively to all of the comments that we had made about the Draft EIR. However, we also noted that we had lingering concerns with respect to: • Emergency access along Western Avenue; • Traffic impacts related to student drop-off/pick-up at Dodson Middle School; • Increased public demand and wear-and-tear at Eastview Park; • Traffic mitigation measures along Western Avenue; and, • The rejection of several project alternatives as financially infeasible. The public hearing on July 30, 2013, was well attended by members of the surrounding community and included both proponents of and opponents to the project (see attached agenda). This included Mayor Pro Tern Duhovic and Councilmen Campbell and Misetich. The developer presented an extensive overview of the history of the site and the proposed project, and the NWSPNC was allotted equal time to express its opposition to the proposed project. Following these presentations, public comments from the audience were accepted, including those of Councilmen Campbell and Misetich and a representative of Los Angeles Councilman Buscaino's office. Given that the Ponte Vista project is now entering the phase during which final development entitlements may be granted (or not) by the City of Los Angeles in the near future, Staff believes that the City Council may wish to consider taking a formal position in support of or opposition to the project as currently proposed. In their comments at the July 3ot11 public hearing, Councilmen Campbell and Misetich suggested adopting a resolution expressing the City Council's formal position on the 5-3 MEMORANDUM: Border Issues Status Report August 6, 2013 Page4 current Ponte Vista proposal. Therefore, Staff has prepared the attached draft resolution for the City Council's consideration. At the July 30th public hearing, the hearing officer noted that the Los Angeles City Planning Commission (CPC) was tentatively scheduled to consider the Ponte Vista project on Thursday, September 12, 2013, at Los Angeles City Hall in Downtown Los Angeles. However, he also noted that it appeared unlikely that the CPC Staff report could be completed in time to make it on that agenda. Based upon our experience with the previous 2,300-unit Ponte Vista proposal in 2008-2009, Staff anticipates that it may be October or November before the CPC reviews this project. Staff will continue to monitor this project in future Border Issues reports. Los Angeles County General Plan Update, Unincorporated Areas of the Peninsula On June 27, 2013, the City received notice of the revised Notice of Preparation of an Environmental Impact Report (EIR) for the Los Angeles County General Plan Update (see attachment). Similar to the issues of concern that we had raised with respect to the unincorporated areas of the Peninsula in 2004 and 2007, Staff submitted the attached comments to the County on July 26, 2013. These comments included landslides and slope stability; private sewage disposal systems, biological resource impacts; impacts upon local school facilities and changes in land use. Staff now awaits the release of the draft EIR associated with the General Plan update, and will continue to monitor this project in future Border Issues reports. Rancho LPG Butane Storage Facility, Los Angeles (San Pedro) At the .June 4, 2013, City Council meeting, the City Council directed Staff to prepare letters to Los Angeles Councilman Joe Buscaino, U.S. Congresswoman Janice Hahn and U.S. Congressman Henry Waxman regarding the Rancho LPG facility. The letters were completed and signed by the Mayor on June 18, 2013 (see attachments). Copies of these letters were also provided to State Senator Ted Lieu and State Assemblymember Al Muratsuchi. On July 8, 2013, Staff received a phone call from the EPA, advising us that Rancho LPG had submitted written responses to their March 14, 2013, notice, and that the EPA was reviewing these responses. Subsequently, in response to the Mayor's letter of June 18, 2013, Congresswoman Hahn also sent the attached letter to the EPA on July 10, 2013, asking the EPA to expedite its review of Rancho LPG's response to the violations alleged in the EPA's notice of March 14, 2013. In addition, on July 31, 2013, Congressman Waxman sent the attached letter to the Department of Homeland Security (OHS), asking for an explanation of apparent discrepancies between the assessment of the risks posed by the Rancho LPG facility to OHS and EPA. In the past two (2) months, several interested parties have forwarded items via e-mail, drawing comparisons between the Rancho LPG facility and other recent hazard issues and events. These have included: 5-4 MEMORANDUM: Border Issues Status Report August 6, 2013 Page5 • The Chevron refinery fire in Richmond, CA in August 2012; • The fertilizer plant explosion in West, TX in April 2013; • The train derailment and resulting fire in Quebec, Canada in July 2013, and, • A gas plant explosion in Florida in July 2013. Copies of these e-mails are attached to tonight's report. Staff will continue to monitor this project in future Border Issues reports. Port Master Plan Update, Port of Los Angeles On July 26, 2013, the City received the attached notice of the Final Program Environmental Impact Report (FPEIR) for the Port Master Plan Update (PMPU). This notice included responses to our previous comments on the Draft PEIR and the PMPU itself (see attachments). Staff has reviewed these responses and is generally satisfied with that the issues that we raised have been addressed. The Board of Harbor Commissioners (BHC) is scheduled to conduct a public hearing to consider certification of the FPEIR on Thursday, August 8, 2103 at 8:00 AM at the Port of Los Angeles Administration Building, 425 S. Palos Verdes St., San Pedro, CA 90731. Staff will continue to monitor this project in future Border Issues reports. New Border Issues There are no new Border Issues on which to report at this time. Attachments: • Draft Resolution No. 2013-_ • Revised notice for Ponte Vista hearing (received 7/8/13) • Excerpts from FEIR for Ponte Vista project: o Introduction (Section I) o Response to Comments -Topical Responses (Section Ill.A) o Response to Comments -Rancho Palos Verdes (Section 111.B) o Corrections and Additions to Draft EIR (Section IV) o Mitigation Monitoring and Reporting Program (Section V) • NWSPNC Planning & Land Use Committee agenda (dated 7/1/13) • Comments on Ponte Vista project and FEIR: o Rancho Palos Verdes o NWSPNC o R Neighborhoods R1 o E-mail from Barbara Velez • Daily Breeze article regarding Ponte Vista project (published 7/29/13) • Public hearing agenda for Ponte Vista project (dated 7/30/13) • Revised NOP for Los Angeles County General Plan Update (received 6/27/13) • City comments on NOP for Los Angeles County General Plan Update (dated 7/26/13) 5-5 MEMORANDUM: Border Issues Status Report August6,2013 Page 6 Attachments (cont'd): • Letters to Councilman Buscaino, Congresswoman Hahn and Congressman Waxman regarding Rancho LPG facility (dated 6/18/13) • Letter from Congresswoman Hahn to EPA regarding Rancho LPG facility (dated 7/10/13) • Letter from Congressman Waxman to OHS regarding Rancho LPG facility (dated 7/31/13) • E-mails regarding Rancho LPG facility (miscellaneous dates) • Notice of FPEIR for Port Master Plan Update (received 7/26/13) • Excerpts from FPEIR and Port Master Plan Update: o Introduction o Response to City comments on FPEIR · o Response to City comments on Port Master Plan Update M:\Border lssues\Staff Reports\20130806 _Borderlssues _ StaffRpt.docx 5-6 Draft Resolution No. 2013- 5-7 RESOLUTION NO. 2013-_ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES, OPPOSING THE CURRENT, 830-UNIT PROPOSAL FOR THE PONTE VISTA PROJECT AT THE FORMER SAN PEDRO NAVY HOUSING SITE AT 26900 WESTERN AVENUE IN THE CITY OF LOS ANGELES, AND RECOMMENDING THAT THE PROJECT BE REDESIGNED TO FURTHER REDUCE ITS OVERALL RESIDENTIAL DENSITY AND TO INCORPORATE A GREATE.R PERCENTAGE OF TRADITIONAL, DETACHED SINGLE-FAMILY (I.E., "R-1 ") HOMES WHEREAS, since its closure in the late 1990s, the City of Rancho Palos Verdes has monitored, commented upon and participated as a stakeholder in the development of plans for the reuse of the former San Pedro Navy housing site at 26900 Western Avenue i.n the City of Los Angeles; and, WHEREAS, the Rancho Palos Verdes City Council was appreciative of the inclusion of several Rancho Palos Verdes residents on the Ponte Vista Community Advisory Committee in 2007 when the original 2,300-unit proposal for the site was under consideration; and, WHEREAS, the Rancho Palos Verdes City Council went on record as supporting the recommendations of the Ponte Vista Community Advisory Committee, which rejected a revised 1,950-unit proposal and affirmed the current R-1 zoning and density for the property, believing that these recommendations were reflective of the desires of the majority of residents who live near the Ponte Vista site; and, WHEREAS, the Rancho Palos Verdes City Council was subsequently pleased to learn that the Los Angeles Planning Staff and City Planning Commission ultimately recommended denial of the project in 2009, including recommendations for an un-gated community with a mix of housing types at an overall density that was more comparable with those of surrounding neighborhoods; and, WHEREAS, the Rancho Palos Verdes City Council believes that the eventual redevelopment of the former San Pedro Navy housing site for residential purposes is in the best interest of the cities of Los Angeles and Rancho Palos Verdes and their respective residents in that it would remove a blighted, obsolete land use from the site; provide new home ownership opportunities in the Los Angeles Harbor area; provide construction jobs and support for local businesses in both Los Angeles and Rancho Palos Verdes; and contribute to the revitalization of the Western Avenue corridor; and, WHEREAS, the Rancho Palos Verdes City Council has considered the project proponent's current, 830-unit Ponte Vista proposal, including the review of the project's Environmental Impact Report, draft specific plan and related development entitlements (City of Los Angeles Case Nos. CPC-2012-2558-GPA-ZC-SP, VTT-71886-MU and ENV-2005-4516-EIR). 5-8 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO PALOS VERDES DOES HEREBY FIND, DETERMINE, AND RESOLVE AS FOLLOWS: Section 1: The City Council remains concerned about the impact of the proposed project upon emergency access along Western Avenue, which is the only point of ingress/egress for this project and for thousands of existing residents in surrounding neighborhoods in Rancho Palos Verdes and San Pedro. Section 2: Based upon our decades-long experience with school circulation patterns in the project area, the assumption that middle-school students residing at ·Ponte Vista will desire (or even be permitted) to walk to Dodson Middle School is unrealistic. As such, the City Council believes that traffic impacts upon the Rolling Hills Riviera neighborhood surrounding the school have not been adequately or accurately addressed. Section 3: Even with the developer's last-minute offer of some limited public open space within the Ponte Vista project, the City Council believes that the City's Eastview Park will experience increased demand and wear-and-tear as a result of the project, which will not be mitigated or offset by the payment of Quimby fees to the City of Los Angeles. Section 4: Although the project's traffic study concludes that adverse project impacts can be fully mitigated, the City Council is concerned that some of these proposed mitigation measures along Western Avenue will be unacceptable to our City and/or CalTrans, thereby resulting in significant adverse traffic impacts that will not be mitigated to an insignificant level. As an example, we are informed that CalTrans will not permit the proposed signalization of the intersection of Western Avenue and Fitness Drive. Section 5: The Final EIR rejects as infeasible several project alternatives that have lower residential density; include a greater mix of residential and non-residential uses; and/or conform to the existing zoning of the site, on the basis (at least in part) that such alternatives are financially infeasible. However, this is a condition that the City Council believes that the surrounding community is not obligated to accept as a rationale for maximizing the currently developer's profit due to the unrealistically high price paid for the property by previous developers. Section 6: For all of the reasons articulated above, the City Council opposes the current, 830-unit Ponte Vista project. Section 7: The City Council recommends redesigning the Ponte Vista project to further reduce its overall residential density and to incorporate a greater percentage of traditional, detached single-family (i.e., "R-1") homes than are provided under the current, 830-unit proposal. Resolution No. 2013-_ Page 2 of 3 5-9 Section 8: The City Clerk shall certify to the adoption of this Resolution, and shall cause this Resolution to be transmitted to the City of Los Angeles for inclusion as a part of the administrative record of the Ponte Vista project (City of Los Angeles Case Nos. CPC-2012-2558-GPA-ZC-SP, VTT-71886-MU and ENV-2005-4516-EIR). PASSED, APPROVED, AND ADOPTED this_. th day of August 2013. Mayor Attest: City Clerk State of California ) County of Los Angeles ) ss City of Rancho Palos Verdes ) I, Carla Morreale, City Clerk of the City of Rancho Palos Verdes, hereby certify that the above Resolution No. 2013-_ was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on August_, 2013. M:\Border lssues\Ponte Vista Project\20130806_DraftResolution.docx City Clerk Resolution No. 2013-_ Page 3of3 5-10 CITY OF Los ANGELES CALIFORNIA DEPARTMENT OF CITY PLANNING To Owners: O Within a 100-Foot Radius (!!Within a 500-Foot Radius ·And-Occupants: DWitl:lin a 10.QrF.oot Radius !!]Within a 500-Foot Radius And: !!]Others D·Abutting a Proposed Development Site CONCURRENT PUBLIC HEARING ·LOCATION AND DATE OF HEARING CHANGED You are being sent this notice because you own and/or reside at property near a site for which an application, as described below, has been filed with the Department of C.ity Planning, you have indicated an interest in the project and/or have requested such notice be provided to you, or you may have expertise/experience regarding the project. All interested persons are invited to attend the public hearing at which you may listen, ask questions, or present testimony regarding the project. Hearing By: Advisory Agency/Hearing Officer Case No.: CPC-2012-2558-GPA-ZC-SP VTT-71886-MU ENV-2005-4516-EIR Date: Time Place: Staff Contact: Phone No: EIR Case Staff Contact: Phone No: PROJECT LOCATION: PROPOSED PROJECT IN EIR: \l\'eanesElay, July 24, 2013 New Date Tuesday, July 30, 2013 10:00 a.m. 200 N. Spring Street, Room 1020 New Location at 425 South Palos Verdes Street, Boardroom, San Pedro, CA 90731 Henry Chu (213) 978-1324 Erin Strelich (213) 978-1351 26900 South Western Avenue CEQANo.: Previous Cases: Incidental Cases: Project Name: Council No.: Plan Area: Specific Plan: Certified NC: GPLU: Zone: Applicant: Representative: SCH No. 2010101082 CPC-2006-8043-GPA-ZC-SP-DA, VTT-63399 None Ponte Vista 15 Wilmington/Harbor City None Northwest San Pedro Low Residential and Open Space R1-1XL and OS-1XL SFI Bridgeview, LLC David P. Waite, Cox, Castle & Nicholson, LLP The Project consists of the development of a residential community comprised of 1, 135 dwelling units featuring a combination of single-family homes, duplexes, townhomes, and flats. The Project would be comprised of a combination of dwelling units within the following categories: 5-11 VVadnesday, July 24, 2013 Tuesday, July 30, 2013 CPC-2012-2558-GPA-ZC-SP, VTI-71886-MU ENV-2005-451~ELR ·. Page2 ALTERNATIVE. ACCEPTED BY APPLICANT AS FILED: · ··• ·•· '·'fwo-and three-story detached single-family homes with alley-loaded private garages • Three-story buildings containing townhomes and flats with elevators and motor-court private garages • Two-and three-story townhome duplexes with alley-loaded private garages • Three-story buildings containing townhomes and flats with alley-loaded private garages • Three-story townhomes in row house buildings with alley-loaded private garages • Four-story buildings containing flats with elevators and secured common garages • Four-story buildings with elevators over a secured common basement garage containing apartments As part of the Project, all existing improvements would be removed from the site, including 245 residential dwelling units, a community center, and a retail convenience facility that were constructed in approximately 1962 by the U.S. Navy· for the .. purpose of housing personnel stationed at the Long Beach Naval Shipyard. All of these buildings and uses are vacant. The Environmental Impact Report CEIR) for the Project evaluated the following alternatives to the proposed Project, which could be considered: Alternative A: No Project Alternative/No Development: Alternative B: No Project Alternative/Single-Family Homes: Alternative C: Staff R~commendation/Reduced Density (Environmentally Superior Alternative); and Alternative D: Revised Site Plan. Alternative C -Staff Recommendation/Reduced Density, as described in the EIR, would develop the site at a Low Medium I Residential density and would add 830 residential dwelling units, comprised of 208 single-family dwellings, 404 residential townhomes and row houses and 218 apartment units, to the site. No public park would be developed. The amount of publicly-accessible open space associated with Alternative C would be less than that associated with the Proposed Project due to the elimination of the public park component, but would include access to the trail and landscaped open space area surrounding the perimeter of the Project Site and will also include pedestrian access to the open space areas through the Project Site. Alternative C would, however, provide a greater amount of open space for the use of Project residents. An access road from Western Avenue to Mary Star of the Sea High School would be provided in this alternative. Alternative C ~ould involve development of a project similar to the Proposed Project on the site, however the total number of residential units would be reduced from 1, 135 to 830. A total of six different housing product types would be included under Alternative C as shown in the table below: Alternative C Dwelllnn Unit Summa v Housing Description Proposed# Dwelling Avg.#of Avg.Size/ Average#of Other Product Type ofDwelllng Unlta/ Acre Units/ Bldg. Unit (sq. ft.) Bedrooms/ Description Units IGrosel Unit of Units Single· Family 2/3 Story; Street I Housing 69 s.s 1.0 2,400 3.0 (detached) Loaded Single· Family 2/3 Story; Alley 2 Housing 60 9.0 1.0 2.000 3.0 (detached\ Loaded Single-Family 213 Story; Alley 3 Housing 79 I I.I 1.0 1,540 3.0 <detached\ Loaded Townhomes/Fla Elevator/Non· 4A/4B ts Combination 224 16.0 9.7 1;300 2.2 Elevator; Alley Loaded SA/SB Row Houses 180 17.8 S.9 1440 2.3 Allev Loaded 6 Apartments 218 SS.9 43.S 820 1.4 Walk-Up; Alley Loaded Totals 830 13.5 (average) Source: SFJ Bridvei•lew, LLC. 5-12 'A'-Odnesday, July 24, 2013 Tuesday, July 30, 2013 CPC-2012-2558-GPA-ZC-SP, VTT-71886-MU ENV-2005-4516-EIR Page 3 Alternative A would demolish and remove all existing improvements from the Project Site, but would leave the Property undeveloped. It would avoid most of the Project's impacts and would normally be identified as the Environmentally Superior Alternative. However, CEQA mandates that when a "No Project" alternative is identified as environmentally superior, an additional development alternative should also be identified as "environmentally superior". Alternative C is also deemed the Environmentally Superior alternative in the EIR. The Applicant has accepted Alternative C. It is expected that the City Planning Commission will consider approval of Alternative C instead of the Proposed Project in the El R. REQUESTED . The Deputy Advisory Agency will consider: ACTION: 1. Pursuant to Section 21082.1(c) of the California Public Resources Code, the adoption of the Certification of Environmental Impact Report, findings, Statement of Overriding Considerations and accompanying mitigation measures and Mitigation Monitoring and Reporting Program for ENV-2005-4516-EIR, SCH No. 2010101082; · · 2. Pursuant to Los Angeles Municipal Code (LAMC) Section 17.15, Vesting Tentative Tract Map 71886 for a 244-lot subdivision for 208 single family homes, 404 townhomes and row houses, and 218 apartment units with 1,642 parking spaces and 349 guest parking spaces on a 60.6 net acre site in the R1-1XL and OS-1XL zones. The City Planning Commission Hearing Officer will consider: 1. Pursuant to Section 11.5.6 of the Municipal Code, a General Plan Amendment to the Wilmington-Harbor City Community Plan to change the land use designation from "Low Residential" and "Open Space" to "Low Medium I", "Low Medium II" and "Medium Residential"; 2. Pursuant to Section 12.32 of the Municipal Code, a Zone Change from R1-1XL and OS- 1XL to a Specific Plan zone to be created; 3. Pursuant to Section 11.5. 7 of the Municipal Code, the establishment of the Ponte Vista at San Pedro Specific Plan to provide regulatory controls and the systematic execution of the General Plan within the Project area; The purpose of the hearing is to obtain testimony from affected and/or interested persons regarding this project. The environmental document will be among the matters considered at the hearing. The decision maker will consider all the testimony presented at the hearing, written communication received prior to or at the hearing, and the merits of the project as it relates to existing environmental and land use regulations. After the hearing. the Hearing Officer will prepare a report, including a recommendation, which will be considered by the City Planning Commission at a later date. EIR CERTIFICATION: An Environmental Impact Report (EIR) has been prepared for this project, as described above, to assess potential environmental impacts. An EIR is comprised of two parts, the Draft EIR and the Final EIR. A Draft EIR was made available and circulated for public review and comment, pursuant to the provisions of the California Environmental Quality Act (CEQA), for an extended 60-day public review period from November 8, 2012 to January 7, 2013. The Final EIR responds to the comments and includes text revisions to the Draft EIR in response to input received on the Draft EIR. Unlike the Draft EIR, comments on the Final EIR are not required to be responded to by the City. If written comments are received, they will be provided to the Planning Commission as part of the staff report for the project. The EIR will be submitted to the Planning Commission and City Council for requested certification and action on the Project. EXHAUSTION OF ADMINISTRATIVE REMEDIES: If you challenge a City action in court, you may be limited to raising only those issues you or someone else raised at the public hearing described in this notice, or in written correspondence on these matters delivered to the Department before the action on this matter will become a part of the administrative record. Note: This may not be the last hearing on this matter . ... 5-13 \IVednesday, July 24, 2013 Tuesday, July 30, 2013 CPC-2012-2558-GPA-ZC-SP I VTI-71886-MU ENV-2005-4516-EI R Page4 ADVICE TO PUBLIC: The exact time this report will be considered during the meeting is uncertain since there may be several other items on the agenda. Written communications may be mailed to (Henry Chu at The Los Angeles Department of City Planning, Major Projects, City Hall, Room 750, 200 N. Spring Street, Los Angeles, CA 90012). WRITTEN COMMUNICATION: Written communications should cite the Case Number indicated at the top of this notice and may be mailed to the attention of Henry Chu at The Los Angeles Department of City Planning, Major Projects, City Hall, Room 750, 200 N. Spring Street, Los Angeles, CA 90012. REVIEW OF FILE: CPC-2012-2558-GPA-ZC-SP and VTI-71886-MU, including the application and the environmental assessment, are available for public inspection at this location between the hours of 8:00 a.m. to 4:00 p.m., Monday through Friday. Please call Henry Chu at (213) 978-1324 several days in advance to assure that the files will be available. Case files will not be available for inspection on the day of the hearing. If you wish to revi~w a copy of the Final Environmental Impact Report (FEIR) or the documents referenced in the FEIR, you may do so by appointment during our office hours of 8:00 a.m. to 4:00 p.m., at City Hall, 200 N. Spring Street, Room 750, Los Angeles CA 90012. Please call Erin Strelich at (213) 978-1351. Copies of the FEIR are also at the following Library Branches: 1. San Pedro Regional Branch Library, 931 S. Gaffey Street, San Pedro, CA 90731 2. Harbor City-Harbor Gateway Branch Library, 24000 S. Western Avenue, Harbor City, CA 90710 3. Wilmington Branch Library, 1300 N. Avalon Boulevard, Wilmington, CA 90744 4. Los Angeles Central Library, 630 W. 5th Street, Los Angeles, CA 90071 The Project Site is located near the jurisdictions of Los Angeles County, Lomita, arid Rancho Palos Verdes. The DEIR will also be available in digital format for review at these libraries that are outside the City of Los Angeles Public Library system, due to their proximity to the Project Site: 5. Lomita Public Library (County of Los Angeles, Public Library), 24200 Narbonne Avenue, Lomita, CA 90717 6. Miraleste Library (City of Ranchos Palos Verdes), 29089 Palos Verdes Drive East, Rancho Palos Verdes, CA 90275 The FEIR is also available online at the Department of City Planning's website [http://cityplanning.lacity.org (click on "Environmental" and then "Final Environmental Impact Reports")]. The FEIRs can be purchased on CD-ROM for $7.50 per copy. Contact Erin Strelich of the City of Los Angeles at (213) 978-1351 to purchase one. ACCOMMODATIONS: As a covered entity under Tltle II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability. The hearing facility and its parking are wheelchair accessible. Sign language interpreters, assistive listening devices, or other auxiliary aids and/or services may be provided upon request. Como entidad cubierta bajo el Titulo II de/ Acta de los Americanos con Desabilidades, la Ciudad de Los Angeles no discrimina. La facilidad donde la junta se llevara a cabo y su estacionamiento son accesibles para sil/as de ruedas. Traductores de Lengua de Muestra, dispositivos de oido, u otras ayudas auxiliaries se pueden hacer disponibles si usted las pide en avance. Other services, such as translation between English and other languages, may also be provided upon request. Otros servicios, como traducci6n de Ingles a otros. idiomas, tambien pueden hacerse disponibles si usted Jos pide en avance. To ensure availability or services, please make your request no later than three working days (72 hours) prior to the hearing by calling the staff person referenced in this notice. Para asegurar la disponibilidad de estos servicios, por favor haga su petici6n al mi nimo de tres di as (72 horas) antes de la reuni6n, l/amando a la persona def personal mencionada en este aviso. 5-14 ;;;- ~= -- GENERAL PLAN AMENDMENT-ZONE CHANGE· SPECIFIC PLAN -VESTING TENTATIVE TRACT MAP -HAUL ROUTE 14549Arohwood Sl Suite 301 Van NU)'ll. California 91405 Phone (818) 997.7949 • Fax (818) 997-ll351 qmapp1ng@qesqma.com ORAWNBV: A,P,N. THOMAS BROTHERS Page:793,B23 Grid: J.7,J-1 7 442-001-(009-012) CD: 15 LEGAL CT: 2951.01 LOT! PORLOT1 PA: 433-WILMINGTON TRACT: 3192 M.B. 44-91·94 "SEEAPPLICATIONS" USES: FIELD · CONTACT: FUSCOE ENGINEERING DATE:~ SITE ADDRESS Update: 99 96 12 26900 WESTERN AVENUE 06-1§.13 CASE NO: SCALE: 1 "=200' D.M.: QZ1'.!!.1i3,024B 193 PHONE: 213·988·8802 NET AC! 61.53 '•. QMS: 12-0840 5-15 Excerpts from FEIR for Ponte Vista project: Introduction (Section I) 5-16 City of Los Angeles Department of City Planning• Environmental Analysis Section City Hall• 200 N. Spring Street, Room 750 •Los Angeles, CA 90012 FINAL ENVIRONMENTAL IMPACT REPORT WILMINGTON-HARBOR CITY COMMUNITY PLAN AREA This document, together with the Draft EIR and its appendices, comprise the Final EIR as required under the California Environmental Quality Act Ponte Vista Projeet Case Number: ENV-2005-4516-EIR State Clearinghouse Number: 2010101082 Project Location: 26900 South Western A venue, Los Angeles, California, 90732 Council District: 15 Project Description: The Project proposes a Specific Plan (proposed density is approximately 13.5 units per acre), General Plan Amendment, Zone Change, and Vesting Tentative Tract Map for the subdivision, construction, and operation of an 830-unit residential development. The Project's residential units would he comprised of single-family, townhome, flat, and apartment units ranging in size from 600 to approximately 2,800 square feet, within buildings constructed over and/or adjacent to residential parking garages. Up to 218 of the 830 units may he rental units. The Project would also provide an access road from Western A venue to the off-site, private Mary Star of the Sea High School. The Project Site is approximately 61.5 acres. The Project would incorporate internal open space and recreational areas, including a community clubhouse and pool/recreation area and approximately 7.1 acres of park area. Additional recreational amenities would he distributed throughout the site. The Project would involve the demolition and removal of all existing improvements on the Site, which include 245 vacant residential units, a 2,161- square foot community center, and a 3,454·-square foot retail convenience facility which were constructed in approximately 1962 by the U.S. Navy for the purpose of housing and accommodating personnel stationed at the Long Beach Naval Shipyard. The Site (formerly known as "San Pedro Housing") was closed in the late 1990s. APPLICANT: PREPARED BY: SFI Bridgeview, LLC CAJ A Environmental Services June 2013 ON BEHALF OF: The City of Los Angeles Department of City Planning Environmental Analysis Section 5-17 TABLE OF CONTENTS Section Page I. Introduction ................................................................................................................................... .1-1 IL List of Commenters ...................................................................................................................... II-1 III. Responses to Comments ............................................................................................................. III-1 A. Topical Responses .............................................................................................................. 111.A-1 B. Individual Responses .......................................................................................................... III.B-1 IV. Corrections and Additions to the Draft EIR ................................................................................ IV-1 V. Mitigation Monitoring and Reporting Program ........................................................................... V-1 Appendices Appendix A Comment Letters on the Draft EIR Appendix B Alternatives Economic Feasibility Study Appendix C LACSD "Will Serve" Letter Appendix D Draft Ponte Vista Specific Plan Ponte Vista Project Final Environmental Impact Report Table of Contents Pagei 5-18 City of Los Angeles Ponte Vista Project Final Environmental Impact Report This page left blank intentionally June 2013 Table of Contents Page ii 5-19 I. INTRODUCTION A. PURPOSE Before approving a project, the California Environmental Quality Act (CEQA) requires the lead agency to prepare and certify a Final Environmental Impact Report (Final EIR). The contents of a Final EIR are specified in Section 15132 of the CEQA Statute and Guidelines, as follows: The Final EIR shall consist of (a) The Draft EIR or a revision of the Draft. (b) Comments and recommendations received on the Revised Draft EIR either verbatim or in summary. (c) A list of persons, organizations, and public agencies commenting on the Revised Draft EIR. ( d) The responses of the Lead Agency to significant environmental points raised in the review and consultation process. (e) Any other information added by the Lead Agency. The evaluation and response to public comments is an important part of the CEQA process as it allows the following: ( 1) the opportunity to review and comment on the methods of analysis contained within the Draft EIR; (2) the ability to detect any omissions which may have occurred during preparation of the Draft EIR; (3) the ability to check for accuracy of the analysis contained within the Draft EIR; (4) the ability to share expertise; and (5) the ability to discover public concerns. B. PROCESS As defined by Section 15050 of the CEQA Guidelines, the City of Los Angeles Planning Department is the Lead Agency for the Project. A Notice of Preparation (NOP) was prepared and circulated on October 26, 2010 through November 29, 2010 for the required 30-day review period. The public review period for the Draft EIR for the Ponte Vista Project was November 8, 2012 to January 7, 2013, for a 61-day review period. Comments on the Draft EIR were received during the comment period, and those comments are set forth and are responded to in this Final EIR. The Draft EIR and this Final EIR will be submitted to the Planning Commission and City Council for requested certification and action on the Project. Ponte Vista Project Final Environmental Impact Report I. Introduction Page I-1 5-20 City of Los Angeles June2013 C. ORGANIZATION OF THE FINAL EIR Together with the Draft EIR and its appendices, this document constitutes the Final EIR for the Project and includes the following sections: Section I. Introduction: This section provides an introduction to the Final EIR. Section II. List of Commenters: This section includes a list of the persons and agencies that submitted comments on the Draft EIR. Section ill. Responses to Comments: This section includes responses to each of the comments submitted by persons and agencies listed in Section II. Section IV. Corrections and Additions to the Draft EIR: This section provides corrections and additions to the Draft EIR, based on comments received during and after the public review period and based on staff-initiated text changes. Section V. Mitigation Monitoring and Reporting Program: This section includes all of the mitigation measures identified to reduce or avoid environmental impacts of the project and notes the monitoring phase, the enforcement phase, and the applicable department or agency responsible for ensuring that each mitigation measure is implemented. Appendices: The appendices to this document include copies of all the comments received on the Draft EIR and additional information cited to support the responses to comments. D. CHANGE IN PROPOSED PROJECT Subsequent to the conclusion of the public review period for the Draft EIR, the Project Applicant (SFI Bridgeview, LLC) formally requested the City to replace the original Proposed Project description (1,135 units) with a reduced density (830 units) site plan that was evaluated as "Alternative C" in the Draft EIR. Because this reduced density proposal was evaluated in the Draft EIR, the responses to comments contained in this document primarily address the 830-unit project proposal, rather than the 1,135-unit plan that was presented as the Proposed Project in the Draft EIR. In addition, the Project Applicant is no longer requesting approval of a Development Agreement from the City for the Project. A secondary pedestrian/emergency vehicular access lane has also been added to the Project along the site's southern boundary adjacent to the Seaport Village development. Further discussion of these changes is presented in Section IV, Corrections and Additions to the Draft EIR. Ponte Vista Project Final Environmental Impact Report I Introduction Page I-2 5-21 City of Los Angeles June2013 E. REVIEW AND CERTIFICATION OF THE FINAL EIR Consistent with State law (Public Resources Code 21092.5), responses to agency comments will be forwarded to each commenting agency at least 10 days prior to the public hearing. At the same time, responses will be distributed to all commenters who provided an address. The Final EIR is available for public review at the following locations: Erin Strelich City of Los Angeles Department of City Planning 200 Spring Street, Room 750 Los Angeles, CA 90012 Telephone: (213) 978-1351 E-Mail: erin.strelich@lacitv.org Central Library 630 W. 5th Street Los Angeles, CA 90071 San Pedro Regional Branch Library 931 S. Gaffey Street San Pedro, CA 90731 Harbor City-Harbor Gateway Branch Library 24000 S. Western Avenue Harbor City, CA 90710 Wilmington Branch Library 1300 N. Avalon Boulevard Wilmington, CA 90744 Lomita Public Library (County of Los Angeles) 24200 Narbonne Avenue Lomita, CA 90717 Miraleste Library (City of Rancho Palos Verdes) 29089 Palos Verdes Drive East Rancho Palos Verdes, CA 90275 The Final EIR is also available online at the Department of City Planning's website [http://planning.lacity.org/ (click on "Environmental" and then "Final EIR")]. The Final EIR can be Ponte Vista Project Final Environmental Impact Report l Introduction Page I-3 5-22 City of Los Angeles June 2013 purchased on CD-ROM for $7.50 per copy. Contact Erin Strelich of the City of Los Angeles at erin.strelich@lacity.org or by phone at (213) 978-1351 to purchase one. Ponte Vista Project Final Environmental Impact Report /. Introduction PageI-4 5-23 II. LIST OF COMMENTERS The City of Los Angeles Department of City Planning received a total of 187 comment letters on the Draft EIR. Each comment letter has been assigned a corresponding number, and distinct comments within each comment letter are also numbered. For example, comment letter "Al" is from the State Clearinghouse and Office of Planning and Research. Tue· comments in this letter are numbered "Al-1", etc. The agencies, organizations and persons listed below provided written comments on the Draft EIR to the . City of Los Angeles during and after the formal public review period, which was from November 8, 2012 to January 7, 2013. Copies of the comments are included in Appendix A to this document. Public Agencies and Neighborhood Councils Al. State Clearinghouse and Office of Planning and Research (Scott Morgan) on January 8, 2013 A2. City of Los Angeles, Bureau of Sanitation (Ali Poosti) on December 10, 2012 A3. California Department of Fish and Game (Daniel Blankenship #1) on December 11, 2012 A4. California Department of Fish and Game (Daniel Blankenship #2) on November 27, 2012 AS. City of Lomita (Margaret Estrada, Mayor) on December 19, 2012 A6. South Bay Parkland Conservancy on December 31, 2012 A7. Metropolitan Transportation Authority (Scott Hartwell) on December 28, 2012 A8. City of Rancho Palos Verdes (Kit Fox) on January 7, 2013 A9. California Department of Transportation (Dianna Watson, Caltrans District 7) on January 7, 2013 AlO. County Sanitation Districts of Los Angeles County (Adriana Raza) on January 7, 2013 Al 1. U.S. Department of the Navy (Captain M.H. Hardy) on January 4, 2013 Al2. South Coast Air Quality Management District (Cheryl Marshall) on January 4, 2013 Al3. U.S. Department of Defense, Defense Logistics Agency (David Rodriguez) on January 4, 2013 Al4. Native American Heritage Commission (Dave Singleton) on November 21, 2012 Al5. City of Los Angeles, Northwest San Pedro Neighborhood Council (Diana Nave) on January 7, 2013 Al6. City of Rolling Hills Estates (David Wahba) on January 3, 2013 Ponte Vista Project Final Environmental Impact Report II. List of Commenters Page II-I 5-24 City of Los Angeles Private Individuals, Homeowners Associations, and Private Organizations Bl. Yeager, Elizabeth on December 4, 2012 B2. Yeager, Walter on December 4, 2012 B3. Frka, Mike and Lisa (#1) on December 4, 2012 B4. Marks, William (#1) on December 4, 2012 BS. Lund, Harold on November 12, 2012 B6. Urwin, Jim on November 14, 2012 B7. Nave, Pat on January 7, 2013 B8. De Luca, Mike on December 17, 2012 B9. Sandell, April on December 19, 2012 BlO. Thorsen, Rob on December 20, 2012 Bl 1. Smith, James on December 18, 2012 Bl2. Kurata, Irene on December 29, 2012 B13. Gossett, Linda on January 1, 2013 B14. Robertson, Larry on January 1, 2013 B15. Vaughn, Erin on January 2, 2013 B16. Bero, Bryan on January 2, 2013 B 17. Penicks (no full name given) on January 2, 2013 B18. Franklin, Jan on January 2, 2013 B19. Huber, Sharon on January 2, 2013 B20. McKim, Gale and Judy on January 2, 2013 B21. Nelson, Dean on January 2, 2013 B22. Van Lue, Nick and Jan on January 2, 2013 Ponte Vista Project Final Environmental Impact Report June 2013 II List of Commenters Page 11-2 5-25 City of Los Angeles B23. Murphy, Raye on January 2, 2013 B24. Mattingly, Michael (#1) on January 2, 2013 B25. Howard, Lucy on January 2, 2013 B26. Macauley, Craig, on January 2, 2013 · B27. Muraro, Rose on January 2, 2013 B28. Divona, Frank on January 2, 2013 B29. Lanning, Joe on January 2, 2013 B30. Dileva, Ralph (#1) on January 2, 2013 B31. Sover, John and Suzanne on January 3, 2013 B32. Munoz, Martha on January 2, 2013 B33. Huskins, Robert and Marjorie on January 2, 2013 B34. Nunez, Jay on January 2, 2013 B35. Frka, Mike and Lisa (#2) on January 2, 2013 B36. Marcia, Suzanne on January 2, 2013 B37. Hester, Mary on January 2, 2013 B38. Gonzalez, Steven on January 2, 2013 B39. Stagnaro, Chris on January 2, 2013 B40. Stallman, William on January 2, 2013 B41. Ferree, Adrianne on January 2, 2013 B42. Muaina, Evon on January 2, 2013 B43. Wilson, Greg on January 3, 2013 B44. Mosich, Joyette on January 3, 2013 B45. Koehler, Jeff on January 3, 2013 Ponte Vista Project Final Environmental Impact Report June2013 II. List of Comm enters Page Il-3 5-26 City of Los Angeles B46. DiBemardo, Mike on January 3, 2013 B47. Marks, William and JoJean (#2) on January 3, 2013 B48. Camegis, Elaine and George on January 3, 2013 B49. Grant, Mike and Julie on January 3, 2013 · B50. Rutter, Connie on January 3, 2013 B51. Bonaventura, John on January 3, 2013 B52. Winkler, John on January 3, 2013 B53. Stinson, John on January 3, 2013 B54. Horton, Bruce on January 3, 2013 B55. Stinson, Debbie Sue on January 3, 2013 B56. Magee, Steve on January 3, 2013 B57. Carter, Sasha on January 3, 2013 B58. Lindsey, Janis on January 3, 2013 B59. Eckmier, Stuart on January 3, 2013 B60. Carter, Curtis and Frances on January 3, 2013 B61. Henderson, John on January 3, 2013 B62. Lancaster, Brad on January 3, 2013 B63. Mizuhashi, Masaki on January 3, 2013 B64. Spinelli, Bill on January 3, 2013 B65. Dileva, Ralph (#2) on January 3, 2013 B66. Brandelli, Donna on January 3, 2013 B67. Pearson, Holly on January 3, 2013 B68. Campbell, Eliana on January 3, 2013 Ponte Vista Project Final Environmental Impact Report June 2013 II. List of Comm enters PageII-4 5-27 City of Los Angeles June 2013 B69. Brigden, N.K. on January 3, 2013 B70. Gregory, Connie on January 4, 2013 B71. Fly, Jonathan on January 4, 2013 B72. Kohler, Kim on January 4, 2013 · B73. Arzoumanian, Douglas and Laura on January 4, 2013 B74. Wagoner, Richard on January 4, 2013 B75. Mendoza, Eddie and Christine on January 4, 2013 B76. Bogdanovich, Yvonne on January 4, 2013 B77. Gaines, Jerry on January 4, 2013 B78. Harbor City/Harbor Gateway Chamber of Commerce (Joeann Valle) on January 4, 2013 B79. Wells, Mark on January 4, 2013 B80. Mattingly, Michael (#2) on January 4, 2013 B81. Kinsey, Robert on January 5, 2013 B82. Kaufman, Sheri on January 5, 2013 B83. Bauer, Norma on January 5, 2013 B84. San Pedro Peninsula Homeowners' Coalition (John Miller) on January 5, 2013 B85. Chartrand, Patrick and Barbro on January 5, 2013 B86. Dickson, Donald on January 5, 2013 B87. Hart, Chuck on January 7, 2013 B88. Sumich, Donna on January 5, 2013 B89. Grayson, Ashley on January 5, 2013 B90. Yablonovitz, Jeff on January 5, 2013 B91. Hur, John and Tina on January 5, 2013 Ponte Vista Project Final Environmental Impact Report II. List of Commenters Page II-5 5-28 City of Los Angeles B92. Litzel, Jim on January 5, 2013 B93. Contreras, Julie on January 5, 2013 B94. Cornell, Glenn on January 2, 2013 B95. Begovich, Mark on January 6, 2013 B96. Harriman, David on January 6, 2013 B97. Noon, Gail on January 6, 2013 B98. Scanlon, Matthew on January 6, 2013 B99. Burger, Jeff on January 6, 2013 BlOO. Siegman, Craig on January 6, 2013 BIOL Carrolle, Victoria and John on January 6, 2013 B102. Siegman, Anne Marie on January 6, 2013 B103. Hulett, Lupe on January 6, 2013 B104. Early, Jane on January 6, 2013 B105. Zuliani, Barbara on January 6, 2013 B106. Fuller Family on January 6, 2013 B107. Brunner, Richard on January 6, 2013 B108. Stockett, Marge on January 6, 2013 B109. Grajeda, Lupe on January 6, 2013 BllO. Dooley, Diane on January 6, 2013 Blll. Lauro, Janet on January 6, 2013 Bl 12. Jones, Helen on January 6, 2013 B 113. Grgas, Marijan on January 6, 2013 Bl 14. Ritzke, Jeanne and Raymond on January 6, 2013 Ponte Vista Project Final Environmental Impact Report June 2013 II. List of Commenters Page//-6 5-29 City of Los Angeles June 2013 B 115. Moore, Cecelia on January 6, 2013 Bl 16. Spinelli, Margaret on January 6, 2013 B 117. Coloma, Deborah on January 6, 2013 Bl 18. Thorsen, Lucie on January 6, 2013 ·Bl 19. Pizzini, Helene and Quentin on January 6, 2013 B120. McOsker, Connie on January 6, 2013 B 121. Akins, Patricia on January 7, 2013 B122. Kivett, George on January 7, 2013 B123. Misetich, Anthony (Rancho Palos Verdes City Councilman) on January 6, 2013 B124. Paul, Marcia on January 7, 2013 Bl25. R Neighborhoods RI (Nancy Castiglione) on January 7, 2013 B 126. Nave, Diana on November 10, 2012 B127. Welstead, Jim on January 7, 2013 B128. Marshall, John on January 7, 2013 B129. Herbert, Ruth on January 7, 2013 B130. Mendoza, Irene on January 7, 2013 B131. Mendoza, Ephraim on January 4, 2013 B132. Epperhart, Douglas on January 7, 2013 B133. Cantu, Cathy on January 7, 2013 B134. O'Donnell, Beverly and Jim on January 7, 2013 B135. Yoshimoto, Joy on January 7, 2013 B136. Greene, David on January 7, 2013 B137. Dray, Winnifred on January 7, 2013 Ponte Vista Project Final Environmental Impact Report II. List of Commenters Page IJ-7 5-30 City of Los Angeles June 2013 B 138. Sierra Club, Palos Verdes-South Bay Regional Group (Alfred Sattler) on January 7, 2013 B139. Allman, Scott on January 7, 2013 B140. Verner, Winnie on January 7, 2013 Bl41. Norton, John OIJ. January 7, 2013 · B 142. Sattler, Barbara and Alfred on January 7, 2013 B143. Bradley, Sandra on January 7, 2013 · B144. Viramontes, Rachel on January 7, 2013 B145. Rivera, David on January 7, 2013 B146. Houske, M. on January 7, 2013 B147. Dillard, Joyce on January 7, 2013 B148. Shea, Terri on January 7, 2013 B 149. Dominguez, Louis and Suzanne on January 7, 2013 B150. Moen, Kathi on January 7, 2013 B151. Morgan, Brent on January 7, 2013 B152. Holmes, Vivian on January 7, 2013 B153. San Pedro Peninsula Homeowners United, Inc. (Chuck Hart) (#1) on January 5, 2013 B154. Campbell, Brian (Rancho Palos Verdes City Councilman) on January 7, 2013 B155. Terzoli, Paola on January 7, 2013 B156. Schoen, Tim and Sara on January 7, 2013 B157. Abrahams, Dale on January 7, 2013 B158. Pawlak, Bill and Marge on January 8, 2013 B159. San Pedro Peninsula Homeowners United, Inc. (Chuck Hart) (#2) on January 3, 2013 Bl60. Kurata, Yoshiko on December 30, 2012 Ponte Vista Project Final Environmental Impact Report II. List of Commenters Page //-8 5-31 City of Los Angeles June 2013 Bl61. Welsh, Richard on January 6, 2013 Bl62. Khaleeli, Bizhan on January 7, 2013 Bl63. Burchett, Bob on January 6, 2013 Bl64. Harmatz, Mitch on January 7, 2013 B 165. Kumamoto, Kris on January 7, 2013 Bl66. Schaaf-Gunter, Janet on January 5, 2013 Bl67. Rolling Hills Riviera Homeowners' Association (Jeanne Lacombe) on December 30, 2012 B 168. Mah, Evelyn on January 4, 2013 Bl69. Lacombe, Jeanne on December 30, 2012 Bl 70. Cornell, Taylor on January 3, 2013 Bl 71. Maya, John on January 17, 2013 Ponte Vista Project Final Environmental Impact Report II. List of Commenters Page Il-9 5-32 Excerpts from FEIR for Ponte Vista project: Response to Comments -Topical Responses (Section Ill.A) 5-33 III. RESPONSES TO COMMENTS A. TOPICAL RESPONSES During the comment period, the Lead Agency received a number of comments that make common claims and raise similar environmental issues. The Final EIR responds to all comments that were received during the comment period. The topical responses below (Topical Responses) provide a response to common themes presented in the comment letters, and thereby reduce the redundancy of responding to each common comment individually with the same response. Accordingly, the individual responses to each comment submitted will occasionally reference back to these Topical Responses. This Final EIR presents the following Topical Responses: 1. Draft Em Review Period Extension Request Several comments on the Draft EIR requested an extension of the comment period. In accordance with the CEQA provisions, cited and discussed below, a 61-day public review period for the Draft EIR began on November 8, 2012, and ended on January 7, 2013. With respect to the public review period for a Draft EIR under CEQA, the California Public Resources Code, Section 21091(a) states: The public review period for a draft environmental impact report may not be less than 30 days. If the draft environmental impact report is submitted to the State Clearinghouse for review, the review period shall be at least 45 days, and the lead agency shall provide a sufficient number of copies of the document to the State Clearinghouse for review and comment by state agencies. In addition, Section 15105(a) of the State CEQA Guidelines states: The public review period for a draft EIR shall not be less than 30 days nor should it be longer than 60 days except under unusual circumstances. When a draft EIR is submitted to the State Clearinghouse for review by state agencies, the public review period shall not be less than 45 days, unless a shorter period, not less than 30 days, is approved by the State Clearinghouse. Finally, Section 15203 of the State CEQA Guidelines, addresses "Adequate Time for Review and Comment" and states: The Lead Agency shall provide adequate time for other public agencies and members of the public to review and comment on a draft EIR or Negative Declaration that it has prepared. It also provides that: Public agencies may establish time periods for review in their implementing procedures and shall notifY the public and reviewing agencies of the time for receipt of comments on E!Rs. These time periods shall be consistent with applicable statutes, the State CEQA Guidelines, and applicable Clearinghouse review periods. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-I 5-34 City of Los Angeles June 2013 Just prior to the public review period for the Draft EIR, a Notice of Availability of the Draft EIR was sent to owners and occupants within a 500-foot radius of the Project Site, as well as interested parties, persons that attended the scoping meeting for the Project, persons that commented on the Notice of Preparation of the Draft EIR, and those who requested notification. The Notice of Availability was also published in the Los Angeles Times and the South Bay Daily Breeze on November 8, 2012. At the beginning of the public review period, CD copies of the Draft EIR were provided to local neighborhood organizations and numerous public agencies. As of November 8, 2012, the Draft EIR was also made available for public review at five local libraries, at the City of Los Angeles Department of City Planning, Council Offices (both City Hall and the field offices), and the City Clerk's Office. The Draft EIR was also available for review on the City's website. Copies of the Draft EIR were also submitted to the State Clearinghouse. Although CEQA allows for extensions to the standard 45-day comment period, CEQA does not require them, and.they occur at the discretion of the Lead Agency. Because the minimum mandatory 45-day public comment period would have ended just before the Christmas and New Year's holiday period, the City extended the comment period by 16 additional days to January 7, 2013 to allow additional time for public review. As described above, the Draft EIR has been made available for widespread review and has been easily accessible by the public, including via the Internet. Moreover, the City received 187 comment letters, which indicates that a substantial number of public agencies and members of the public were able to review and comment on the Draft EIR within the statutory timeframe. The City has also recently limited review times of other Draft EIRs for significant projects, so the City is acting consistently with its current policy and practice. Thus, the City, as Lead Agency, has determined that the 61-day public comment period was consistent with both the letter and intent of CEQA. In addition, Section I, Introduction/Summary, of the Draft EIR provides a comprehensive summary of the Draft EIR that includes a description of the Project, a summary of the environmental impacts and mitigation measures for each environmental issue evaluated within the Draft EIR, and an overview of the alternatives to the Project that were evaluated. Although the statutory review time for the Draft EIR has closed, the public will have several opportunities to provide comments regarding the Project during the upcoming public hearing process. Based on the above, the City of Los Angeles fully complied with the CEQA statutory time requirements for public review and notification of the Draft EIR for the Project. Nevertheless, the comments requesting an extension of the comment period are noted and have been incorporated into the Final EIR for review and consideration by the decision-makers prior to any action on the Project. 2. Traffic Analysis Several comments raise concerns regarding the traffic that would be generated by the Project and the assumptions that were employed in the traffic analysis in Section IV.N (Transportation and Traffic) of the Draft EIR. This Topical Response responds to many of these comments, while additional responses to certain comments are contained in the letter-by-letter responses that follow. Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page Ill.A-2 5-35 City of Los Angeles June 2013 Traffic Study Methodology The traffic analysis in Section IV.N (Transportation and Traffic) of the Draft EIR is based on the Traffic Study included as Appendix IV.N-1 to the Draft BIR, which was prepared under the supervision of the City of Los Angeles Department of Transportation (LADOT), in accordance with LADOT' s adopted policies, procedures, and standards as outlined in the LADOT Traffic Study Policies and Procedures Manual. In connection with the preparation of environmental impact reports by the City of Los Angeles, LADOT is responsible for the identification of potential traffic impacts of the project and recommended ·traffic mitigation measures. The analysis and findings of the Traffic Study contained in the Draft BIR, including the identification of potentially significant traffic impacts associated with the Project and the corresponding measures to mitigate the impacts to less than significant levels, were also affirmed in the LADOT letter dated April 10, 2012 and included as Appendix IV.N-1 to the Draft BIR. The Traffic Study provides a comprehensive analysis of the potential traffic impacts associated with the Project. As noted in Section 15151, Standards for Adequacy of an BIR in the CEQA Guidelines: "An EIR should be prepared with a sufficient degree of analysis to provide decision- makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. " Study Intersections The Traffic Study uses several methods of evaluating potential traffic and transportation impacts in accordance with LADOT's Policies and Procedures Manual. The principal method is to evaluate traffic impacts based on a review of intersection performance. LADOT' s methodology focuses on intersections because they are the points in the City's street network where congestion is most likely to occur and, therefore, are where the additional traffic generated by the project would have its greatest potential to cause adverse effects. Following consultation with LADOT, and based on input received during the public scoping process, 56 area intersections were designated for study (Draft BIR, pp. IV.N-2 to IV.N-4). The study intersections cover a wide geographic region and include intersections located in the City of Los Angeles, the City of Rancho Palos Verdes, the City of Lomita and other nearby communities. A map of the study intersections is included as Figure IV.N-1 on page IV.N-5 of the Draft BIR. Each of the 56 study intersections was examined using the traffic analysis procedures and significant impact thresholds adopted by the City of Los Angeles. In addition, although not required by LADOT Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIJ.A-3 5-36 City of Los Angeles June 2013 policy or CEQA, for those intersections located outside the City of Los Angeles, the Traffic Study supplements the City's analysis with analysis based on the procedures and methods used by the city in which the intersection is located. For example, intersections in the City of Rancho Palos Verdes were examined using the traffic impact analysis methods of both the City of Los Angeles and Rancho Palos Verdes. Traffic Counts Jn the traffic engineering practice, intersections are evaluated over a peak one-hour period of traffic volume. Typically, these peak periods of traffic occur during the weekday morning and/or afternoon commuter periods, and also correspond with times of the year when schools are in session. Observational data collected by the Institute of Transportation Engineers (ITE) for residential uses indicate that the Project wil.l likely generate its highest amount of traffic onto the local street system during these weekday morning and afternoon peak hours. Also, data collected to establish baseline conditions shows that existing traffic experiences weekday morning and afternoon peak periods. Thus, the highest periods of traffic generation by the Project, in combination with peak levels of background traffic on the local street system, results in the weekday morning and afternoon peak hours as the time periods with the greatest potential for significant Project-level and cumulative traffic impacts of the Project to occur. Therefore, these weekday peak periods are appropriately analyzed in the Traffic Study. To identify the morning and evening "peak" hour for each intersection, traffic counts were taken at the 56 study intersections during the weekday morning and afternoon commuter peak hours (7:00 to 10:00 AM and 3:00 to 6:00 PM). Also, based on feedback from local community groups, additional traffic counts were conducted during the 2:00-3:00 PM hour at the 12 study intersections located near schools to determine if the peak hour may occur earlier in the day as a result of student departure activities. Finally, additional counts were taken at intersections along Western A venue during a Saturday midday peak period (11:00 AM to 2:00 PM). The peak one-hour period (e.g., 7:30-8:30 AM) was determined for each study intersection for weekday AM and PM periods, as well as Saturday midday. Traffic counts were generally conducted in September and October 2010 while local schools were in session. Section 15125 of the CEQA Guidelines states, in relevant part: "An EIR must include a description of the physical environmental conditions in the vicinity of the project, as they exist at the time the notice of preparation is published, or if no notice of preparation is published, at the time environmental analysis is commenced, from both a local and regfonal perspective. This environmental setting will normally constitute the baseline physical conditions by which a lead agency determines whether an impact is significant. " CEQA Guidelines Section 15126.2 also provides that: Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-4 5-37 City of Los Angeles June 2013 "An EIR shall identifo and focus on the significant environmental effects of the proposed project. In assessing the impact of a proposed project on the environment, the lead agency should normally limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation is published, or where no notice of preparation is published, at the time environmental analysis is commenced. " The notice of preparation for the Project was published in October 2010 and the traffic counts for the . Traffic Study occurred primarily in September and October 2010 (depending upon the individual intersection). Thus, the traffic count data was collected for the appropriate baseline period in accordance with CEQA's Guidelines. Modifications of Existing Conditions Some comments have asserted that the traffic counts used in the Traffic Study were conducted during a period of relatively reduced levels of economic activity (locally and regionally), speculatively concluding that this resulted in lower traffic volumes that are not representative of "normal" conditions. The comments suggest that the traffic counts should be adjusted or redone. Such changes to the traffic count data, or new traffic counts, are not required or advisable based on the following: • Modifying the existing traffic counts would conflict with Section 15125(a) of the CEQA Guidelines, which require that the effects of the Project be measured against conditions as they exist at the time the Notice of Preparation is published. Modifying the traffic counts or conducting new counts would represent a potential misrepresentation of the existing environment at the time the Notice of Preparation was published in October 2010. • Hypothetically, if an adjustment were to be made to the 2010 traffic counts, it would be highly speculative to define a "normal" condition. It is possible, for example, that the traffic data collected in 2010 reflect a new "normal" condition, and that traffic conditions in the immediate years prior were atypical. • The traffic study utilizes a highly conservative method to forecast future pre-Project traffic volumes at the study intersections. The method uses both an annual ambient traffic growth factor, plus estimates of traffic potentially attributable to cumulative development projects, and likely results in a substantial overstatement of future traffic volumes at the study intersections. As the traffic study analyzes Project-related impacts against both the 2010 baseline and the derived future background condition, any perceived "abnormalities" in the 2010 traffic baseline are addressed through the use of the highly conservative future pre-Project forecast. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IJI.A-5 5-38 City of Los Angeles June 2013 Trip Generation Rate The Traffic Study's forecast of Project traffic is based on rates recommended in the Trip Generation manual published by the Institute of Transportation Engineers (ITE). The ITE developed these trip rates based on traffic counts conducted at existing development sites throughout the country (e.g., existing condominium complexes, existing apartment complexes, etc.). ITE reviews the information submitted and determines the appropriate land use category to assign the data. As noted in Table IV.J-10 in the Draft BIR, the following ITE trip generation rates were employed in the Traffic Study: ITE Land Use Code 210 (Single-Family Detached Housing) for the detached housing units, ITE Land Use Code 230 (Residential Condominium/Townhouse) for the for sale attached housing units, ITE Land Use Code 220 (Apartments) for the rental units, and ITE Land Use Code 412 (County Park) for the public .park component. As explained below, the trip generation rates provide an appropriate and conservative forecast of the trips to be generated by the Project. The ITE trip rates are derived from actual studies of existing developments within the land use category. Additionally, ITE requires data submissions of sites to be freestanding in nature. That is, as stated on page 17 in the ITE's Trip Generation Handbook, the sites evaluated for potential inclusion in the Trip Generation manual should have limited access to public transit services, as well as walk-in trips from adjacent parcels. The data received by ITE are plotted and summarized in the Trip Generation manual by both a weighted average and a fitted curve regression equation. The purpose of the fitted curve regression equation is to capture the trip generation characteristic of most land uses such that as the size of the development increases, the effective trip rate declines (e.g., a 500,000 square foot office building generates fewer trips per square foot as compared to a 50,000 square foot office building). For the Traffic Study, the weighted average trip rates were conservatively utilized for forecasting trips to be generated by the Project's residential components even though use of the regression equation would have resulted in an estimate of fewer trips generated by the Project. Chapter 3 of the Trip Generation Handbook, Second Edition provides guidance in regards to the selection of the appropriate methodology for estimating trip generation for a particular land use. The order of preferred methodology is provided on page 9 of the Trip Generation Handbook and is listed below: • Use the provided regression equation when provided for the land use if the independent variable (in the case of the Project, the number ofresidential units) is within the range of data, and the data plot has at least 20 points (or R-squared value is greater than or equal to 0.75). • Use the weighted average rate if no regression equation is provided and there are at least three data points and the independent variable is within the range of data. • Collect local data if the conditions above are not satisfied. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-6 5-39 City of Los Angeles June 2013 Review of the ITE Trip Generation manual for the three land use categories consulted in preparing the Project trip generation forecast-Single-Family Detached Housing (ITE Land Use Code 210), Apartment (ITE Land Use Code 220) and Residential Condominium/Townhouse (ITE Land Use Code 230) -- indicates that all criteria for using the regression equation apply. That is, regression equations are provided, the independent variable is within the range of the data set, and there are at least 20 data points. However, the Traffic Study conservatively utilizes the weighted average rate instead of the regression equation provided in the Trip Generation manual. Had the regression equations provided in the Trip Generation manual been utilized, the resulting calculation of trip generation associated with the Project would have been lower than the forecast provided in the Traffic Study. For example, using the regression equations, the forecast number of daily trips generated by the residential component of the Project would be 7,015, as compared to the forecast of 7,462 daily trips provided in the Traffic Study. Thus, the methodology used in the Traffic Study is highly conservative. Contrary to some comments on the Draft EIR, ITE does not recommend the use of the "higher end" of the midpoint (or weighted average). Some comments argue that an individual residential unit must generate higher daily trips. However, the ITE data represents an aggregation of the overall vehicular trip generation characteristics occurring at a residential development. The ITE rates are not intended to estimate trip generation on a unit-by-unit basis. Thus, on any given day the trip generation characteristics vary considerably among different households. For example, one household may be a working couple with school-aged children. Another household may be an individual that works from home. One household may conduct its errands on the way to and from work. Another household may make separate trips. The ITE rates aggregate all of these, and other, behaviors. Similarly, on a peak hour basis, the trip generation characteristics will vary widely between units. For example, one neighbor may arrive home from work at 4:00 PM, a second neighbor may arrive home from work at 5:30 PM, while a third neighbor may arrive home from work at 7:00 PM. While each of these neighbors believes that they are driving home in "rush hour" traffic, in fact only one of the three neighbors is part of the actual peak hour of traffic evaluated in the Traffic Study. Thus, by evaluating traffic impacts for the one-hour period of highest traffic at the study intersections (e.g., for the 5:30 PM commuter), the corresponding traffic impacts and mitigation (if required) are sufficiently evaluated in the Traffic Study for the periods of slightly less traffic (e.g., for the 4:00 PM and 7:00 PM commuters). Each of these variations in daily and peak hour trip generation behavior is accounted for in the ITE trip rates for the overall residential development. More importantly, the ITE trip rates are based on empirical data obtained through actual traffic counts, and not theory or speculation. Although the Project Site is directly served by a number of bus lines (see Table IV.N-8, Existing Transit Routes in Project Vicinity, and Figure IV.N-6, Existing Transit Routes in the Draft EIR) and commercial, educational, and recreational uses are located within walking distances of the Project, in order to provide a conservative assessment of the potential traffic impacts associated with the Project, no reductions or discounts were made to the Traffic Study's Project trip generation forecast (which is based on the ITE trip rates assuming nearly all trips by private vehicle) to provide credit for these public transit or walking trips that are likely to replace some trips that would otherwise be made by a private vehicle. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-7 5-40 City of Los Angeles June 2013 It has been suggested that "local data" should be collected related to the trip generation characteristics of other residential developments. However, collection of additional data is not necessary due to the extremely high statistical correlation of the data in ITE Land Use Codes 210, 220 and 230. This high statistical correlation suggests that any additional data points would fall within close proximity to the best-fit line. In summary, sufficient data points are readily available in the Trip Generation manual to conclude that the weighted average trip rates provide an adequately conservative forecast of trips associated with the Project. Further, based on the high correlation of data collected, it is reasonable to conclude that additional data points would not yield any meaningfully new information regarding the trip generation characteristics of residential projects. Project Trip Assignment The peak hour trips forecast to be generated by the Project were assigned to the 56 study intersections in conjunction with the assessment of potential impacts at each location. The relative percentage of Project- related trips by turning movement at each study intersection is provided in the Draft EIR on Figure IV.N- 8. As described in the Traffic Study, the assignment is estimated based on the anticipated origins and destinations of Project-related trips, and therefore the corresponding routes (streets and intersections) used in traveling to and from the site. The distribution pattern reflected on Figure IV.N-8 was developed, in part, based on a review of existing travel patterns at the study intersections. In review of Figure IV.N-8, it is noted that a relatively higher percentage of Project-related trips are forecast to travel to and from the site via Western A venue north of the site as compared to the segment of Western Avenue south of the site. Specifically, as measured at the Western Avenue/Green Hills Drive and Western Avenue/Avenida Aprenda intersections (i.e., the two vehicular access points proposed to serve the Project Site), approximately 67% of Project-related trips are forecast to arrive at the site via southbound Western Avenue and 72% of Project-related trips are forecast to depart the site via northbound Western A venue. The relatively higher percentage of forecast Project-related turning movement percentages arriving and departing via Western A venue north of the site was forecast based on the generally greater number of employment centers located north of the Project Site. In addition, the relative assignment of Project- related trips at the site access points was made, in part, based on a review of existing turning movement volumes at the Western A venue/Peninsula Verde Drive and Western A venue/Fitness Drive intersections, which are immediately north and south of the Project Site, respectively. These intersections are similar to the Project and its proposed access points because the existing residential units served by these streets only have vehicular access to Western Avenue. Thus, the relative geographic distribution (i.e., trips using Western A venue north and south of these intersections) should be reasonably similar to the travel patterns seen at the Project Site following construction and occupancy of the proposed residential units. The existing turning movement volumes at the Western A venue/Peninsula Verde Drive and Western Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page IIIA-8 5-41 City of Los Angeles June 2013 A venue/Fitness Drive intersections are shown on Figure IV.N-3 for the AM peak hour, and Figure IV.N-4 for the PM peak hour. Note that Figure IV.N-3 in the Draft EIR is incorrect and is being replaced in the Final EIR by the correct graphic, which was included in Appendix IV.N-1 to the Draft EIR as Figure 5-1 (see Section IV, Corrections and Additions to the Draft EIR). However, this revision does not change the conclusions of the Draft EIR. Table III-1 below provides a summary of the turning movement volumes using Western A venue north of the Peninsula Verde Drive and Fitness Drive intersections. As noted in the Project trip generation forecast provided in Table IV.N-10 of the Draft EIR, the majority of Project-related trips will be outbound during the AM peak hour (e.g., motorists leaving their homes and driving to work) and inbound during the PM peak hour. (e.g., motorists returning home after work). Thus, the data in the table below focus to outbound trlps leaving Peninsula Verde Drive and Fitness Drive via northbound Western Avenue during the AM peak hour, as well as inbound trips entering Peninsula Verde Drive and Fitness Drive via southbound Western Avenue during the PM peak hour. Tableill-1 Existing Turning Movement Volumes Western A venue at Peninsula Verde Drive and Fitness Drive As shown in Table III-1, approximately 75% of outbound trips leaving Peninsula Verde Drive and Fitness Drive travel northbound on Western Avenue during the AM peak hour (i.e., as compared to 72% used in the Traffic Study) and 63% of inbound trips arriving at Peninsula Verde Drive and Fitness Drive travel southbound on Western Avenue during the PM peak hour (i.e., as compared to 67% used in the Traffic Study). While traffic volumes (and turning movements) vary on a day-to-day basis, the data presented above indicates that the trip distribution percentages assigned in the Traffic Study represent a reasonable expectation of the relative proportion of Project-related trips using Western Avenue north of the Project site. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page JJJ.A-9 5-42 City of Los Angeles June 2013 Future Pre-Project Conditions At the time the Project is completed and occupied, additional traffic may be added to the street network from sources such as other projects and job growth. To account for this possibility, in addition to an analysis of traffic impacts on the baseline established by the NOP, the Traffic Study also estimates future pre-project traffic conditions in accordance with LADOT policies and procedures to provide a future baseline against which the Project's traffic impacts can be assessed. The Traffic Study uses 2017, the year the Project is expected to be built out, as the future baseline date. To forecast year 2017 pre-Project conditions, the Traffic Study utilizes two separate, though overlapping, techniques in accordance with LADOT practices and policy. First, the Traffic Study assumes that traffic will grow by a factor of 1 % each year until 2017 when the Project is completed. The use of the 1 % annual gr~wth factor is highly conservative when compared to the computer traffic modeling efforts prepared by Metro for sub-regions of Los Angeles County, including the South Bay/Harbor area, which forecasts an equivalent annual traffic growth rate of only 0.335%. As discussed in the Draft EIR at page IV.N-87, while the 1 % factor is intended to account for all reasonably foreseeable traffic growth, in addition to the 1 % annual growth factor, the Traffic Study also assumes the build-out of all identified cumulative development projects proposed in the City of Los Angeles and in other nearby communities in the vicinity of the Ponte Vista site. As a result of the scoping process conducted at the time the NOP was circulated for the Project in the fall of 2010, 154 cumulative projects were considered in the Traffic Study (see Table III-2 in the Draft EIR for a list of these cumulative projects). Various comments identify individual projects that the comments assert were not, or in fact were not, included as cumulative projects in the Draft EIR. As discussed in Section III.C of the Draft EIR (at page III-22), the CEQA Guidelines indicate that lead agencies may use two alternative means of identifying the universe of past, present, and probable future projects in assessing the significance of cumulative impacts: • A list of past, present, and probable future projects producing related or cumulative impacts, including, if necessary, those projects outside the control of the agency; or • A summary of projections contained in an adopted general plan or related planning document, or in a prior environmental document which has been adopted or certified, which described or evaluated regional or area wide conditions contributing to the cumulative impact. Because projects are constantly being proposed, abandoned, and modified, CEQA also encm.ll'ages the use of a cut-off date for identifying cumulative projects for analysis in a Draft EIR. CEQA Guidelines §15126.2 states that "[i]n assessing the impact of a proposed project on the environment, the Lead Agency should normally limit its examination to changes in the existing physical conditions in the affected area as they exist at the time the notice of preparation [NOP] is published[.]" (see also San Franciscans for Reasonable Growth v. City and County of San Francisco, 151 Cal. App. 3d 61, 75 n.14 (Cal. Ct. App. 1984) ["Projects are constantly being fed into the environmental review process. The Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Pagel/IA-JO 5-43 City of Los Angeles June 2013 problem of where to draw the line on 'projects under review' that must be included in the cumulative impact analysis of a particular project could be solved by the use of a reasonable cutoff date which could be set for every project according to a standard procedure."]). In accordance with the CEQA Guidelines, the Draft EIR identified cumulative projects that were probable and foreseeable, using the Project's NOP as a cut-off. The NOP for the Project was circulated between October 26, 2010 and November 29, 2010 . . To obtain a list of cumulative projects, the preparers of the Draft EIR compiled information publicly available from the City of Los Angeles Departments of Planning and Transportation, City of Rancho Palos Verdes, City of Rolling Hills Estates, City of Carson, City of Long Beach, City of Torrance, City of Lomita, and the County of Los Angeles. Cumulative projects were also identified through public comments. received during the NOP and scoping process for the Draft EIR. All projects identified through this manner were included in Table III-2 of the Draft EIR, except where specifically noted and discussed in the Draft EIR. Thus, the Draft EIR presented a comprehensive list of cumulative development projects at the time of the NOP based on the best information from responsible jurisdictions. With respect to potential traffic, as well as air quality and noise effects, the analysis of the Draft EIR went beyond the minimum requirements of Section 15130 of the CEQA Guidelines to prepare a highly conservative cumulative impact scenario, as discussed in the Draft EIR at page IV.N-87. Specifically, to forecast future pre-Project conditions, the Draft EIR assumed that traffic will grow by a factor of 1 % each year until 2017 when the Project is completed. In addition, although the 1 % annual growth factor is intended to account for all traffic growth from development and other sources, the Draft EIR also assumed the build-out of all identified cumulative development projects proposed in Los Angeles and other nearby communities. Thus, the Draft EIR's cumulative traffic, air quality, and noise analyses conservatively characterize future pre-Project conditions, against which the Project's potential impacts are assessed. Individual responses addressing each project newly identified during the Draft EIR comment period are provided in individual responses to comments. Some projects that commenters asserted were overlooked were verified to have been included in the Draft EIR. Others were proposed or modified after the NOP period cut-off date. A small number of projects had been proposed at the time of the NOP period cut-off date, but the agencies having jurisdiction failed to identify them to the EIR preparers or in comments during the NOP scoping period. These particular projects are not large and would not affect the results of the analysis. One of the reasons for using the conservative growth factor discussed above is to capture the growth in traffic from projects such as these in the overall analysis. Finally, in accordance with LADOT practice and policy, the Traffic Study assumes that the cumulative projects will not be accompanied by any traffic mitigation measures. In actuality, however, most major projects are accompanied by traffic mitigation because of the requirements of CEQA and City CEQA traffic impact significance thresholds. The intention of this methodology is to provide a conservative scenario against which to assess potential traffic impacts and identify mitigation measures. As discussed Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page IIIA-11 5-44 City of Los Angeles June2013 in the Traffic Study and Draft BIR, this methodology is likely to significantly overstate future traffic conditions in the vicinity of the Project, and provides a highly conservative basis for analyzing Project traffic impacts. After carefully reviewing the comments received, the City concludes that the cumulative projects list and cumulative impact approach utilized in the Draft BIR is adequate for CBQA purposes. As discussed earlier, the traffic, air quality, and noise cumulative analyses of the Draft BIR were prepared so as to provide a highly conservative analysis of the potential cumulative effects of the Project and cumulative projects. CBQA does not require that every potential cumulative project be considered in an BIR if consideration is also given to planned or expected growth in an area. As noted in Section 15151, Standards for Adequacy of an BIR, in the CBQA Guidelines: "A_n EJR should be prepared with a sufficient degree of analysis to provide decision- makers with information which enables them to make a decision which intelligently takes account of environmental consequences. An evaluation of the environmental effects of a proposed project need not be exhaustive, but the sufficiency of an EIR is to be reviewed in the light of what is reasonably feasible. Disagreement among experts does not make an EIR inadequate, but the EIR should summarize the main points of disagreement among the experts. The courts have looked not for perfection but for adequacy, completeness, and a good faith effort at full disclosure. " Traffic Mitigation The Traffic Study outlines recommended measures to mitigate the potentially significant traffic impacts associated with the Project at 20 affected intersections to less than significant levels. The LADOT letter of April 10, 2012, included in Appendix IV.N-1 to the Draft BIR, affirms the findings of the Traffic Study relative to the potentially significant traffic impacts and corresponding mitigation measures. At several intersections, the Project's traffic mitigation measures will result in an improvement over existing conditions with respect to intersection performance. As discussed in the Draft BIR at page IV.N-160, the Project will be constructed in stages to account for market absorption. Therefore, as the build-out of the Project is anticipated to occur over an approximate five-year period, Project traffic mitigation will also be sequenced such that the improvements would be constructed prior to the occurrence of a potential traffic impact due to a particular level of Project occupancy. All measures involving improvement to the area roadway network must be funded and completed prior to overall Project completion and occupancy. LADOT Bike Lane Installation Subsequent to the conclusion of the Draft BIR public review period, LADOT, acting to implement portions of the Los Angeles Bicycle Plan, installed bike lanes on Westmont Drive and Capitol Drive in the Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-12 5-45 City of Los Angeles June2013 San Pedro area. Concerns have been raised with the City with respect to the potential for these new bike lanes to affect the data, analysis, and findings contained in Project Traffic Study. In April 2013, bike lanes were installed by LADOT on the segments of Westmont Drive and Capitol Drive between Western Avenue on the west and Gaffey Street to the east. Generally, the bike lanes were created through the removal of one through travel lane in each direction of Westmont Drive and Capitol Drive (i.e., reducing the number of through travel lanes in each direction from two to one). These improvements were previously identified for Westmont Drive and Capitol Drive in the City's 2010 Bicycle Plan.1 LADOT reviewed the project to install bike lant;s on Westmont Drive and Capitol Drive and determined that implementation of the bike lanes would not adversely affect vehicular, bicycle or pedestrian traffic flow. The following intersections along Westmont Drive and Capitol Drive were evaluated in the Project Traffic Study: • No. 20: Western Avenue/Westmont Drive • No. 23: Western Avenue/Capitol Drive • No. 37: Gaffey Street/Westmont Drive • No. 38: Gaffey Street/Capitol Drive The existing lane configurations at these study intersections are provided in the Traffic Study on Figure 4- 1 and in the Draft BIR on Figure IV.N-2. A recent field review of these intersections confirmed that the current lane configurations have not been altered as a result of the bike lane implementation project. Thus, the intersection Level of Service (LOS) calculations provided in the Draft EIR for the study intersections along Westmont Drive and Capitol Drive do not require revision as a result of the bike lane project. The Project Traffic Study recommended mitigation measures that will result in minor changes to travel lane configurations at three of the four intersections listed above. The future lane configurations are generally shown on Figure 13-1 of the Traffic Study and Figure IV .N-31 of the Draft BIR. It has been determined that the recommended mitigation measures at the study intersections along Westmont Drive and Capitol Drive can be implemented even with consideration of the recent bike lane installations. Thus, no changes to the mitigation measures recommended in the Traffic Study and Draft BIR are required as a result of the bike lane project. 2010 Bicycle Plan, City of Los Angeles, Adopted March 1, 2011. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-13 5-46 City of Los Angeles June 2013 It has been reported anecdotally (e.g., in local newspaper articles) that the installation of the bike lanes on Westmont Drive and Capitol Drive has slowed the movement of vehicular traffic, primarily due to the removal of one of the travel lanes in each direction. While this may be correct, this change does not affect the data, analysis, and findings of the Project Traffic Study for the following reasons: • While the movement of vehicular traffic may have slowed on Westmont Drive and Capitol Drive due to the removal of through travel lanes, motorists still have the potential to experience, on a relative basis, greater delay at the signalized intersections at Western A venue and Gaffey Street. It is for this reason that the Traffic Study evaluates the potential traffic impacts of the Project at signalized intersections, and not on the mid-block street segments connecting these intersections. Therefore, it is appropriate that the Traffic Study evaluates the relative effects of traffic generated by the Project on Westmont Drive and Capitol Drive based on its relative impacts at the signalized intersections at Western A venue and Gaffey Street. • There is no reason to suspect that traffic volumes using Westmont Drive and Capitol Drive have changed substantially since the implementation of the bike lanes as there are no direct alternative east-west travel routes in the vicinity connecting Western Avenue and Gaffey Street. Thus, the intersection traffic volume data utilized in the Project Traffic Study remain valid. • Within the Traffic Study, a relatively nominal amount of Project-related traffic is assigned to the segment of Westmont Drive between Western Avenue and Gaffey Street (i.e., 11 percent of Project-related traffic was assumed to use this segment of Westmont Drive). No Project-related traffic was assumed to use the segment of Capitol Drive between Western Avenue and Gaffey Street. In summary, based on a review of the recent installation of bike lanes on Westmont Drive and Capitol Drive, it is concluded that these bike lanes do not affect the data, analysis and findings presented in the Project Traffic Study and Draft BIR. 3. Impacts of the Environment on the Proposed Project CBQA does not require and is not intended to require an BIR to analyze or mitigate the impacts of the existing environment on a project. In this case, for example, the level of risk presented by nearby industrial facilities (e.g., the Navy Defense Fuel Support Point, ConocoPhillips refinery, and Rancho LPG facility) as a result of toxic air contaminant emissions and potential fire/spill hazards, represents an existing environmental condition that the Proposed Project would not alter or worsen. Although the Project would bring additional people near this existing environmental condition, the existing level of risk presented by industrial facilities in the Project vicinity is not an impact of the Project on the environment, and the Project would not affect the emissions from these facilities in any way. Instead, it is considered an impact of the environment, that is, the conditions that currently exist as a result of emissions from existing facilities, on the Project. ~ere are many other state and federal laws that regulate toxic air emissions as well as the operation of potentially hazardous industrial facilities, but the purpose of CEQA Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses PageIJIA-14 5-47 City of Los Angeles June 2013 is to evaluate and mitigate impacts of a project on the environment. As numerous courts have affirmed, the purpose of CEQA is "not to protect proposed projects from the existing environment" (Baird v. County of Contra Costa (1995) 32 Cal.App.4th 1464; Pub. Res. Code Sections 21061, 21083(b), and 21060.5.) "[C]ourts have recognized that CEQA is not a weapon to be deployed against all possible development ills." (South Orange County Wastewater Authority v. City of Dana Point (2011) 196 Cal. App. 4th 1604, 1614.) It has a limited role. "The Legislature did not enact CEQA to protect people from the environment." (Id. at 1617-1618.) "We agree with [SOCWA v. County of Orange], that the Guidelines [15126.2]. .. is not an example of an environmental effect caused by development, but instead is an example of an effect on the project caused by the environment. Contrary to Guidelines section 15126.2, subdivision (a), we hold that an EIR need not identify or analyze such effects .... Although the Guidelines ordinarily are entitled to great weight, a Guidelines provision that is unauthorized under CEQA is invalid." (Ballona Wetlands Land Trust v. City of Los Angeles (2011) 201 Cal.App.4th 455, 474.)] The Draft EIR, in order to fully disclose existing environmental conditions in the vicinity of the Project Site, evaluated, in a reasonable amount of detail, the level of risk that could be posed to future Project residents from the continued, unchanged operation of three nearby industrial facilities as well as the Ports of Los Angeles and Long Beach. However, CEQA does not obligate EIRs to include such analyses, as the characteristics they consider do not represent impacts of the Project on the environment. Many of the comments received on the Draft EIR, as well, address the effect on the Project that would or could be caused by the existing environment, including comment Letters A-11 from the U.S. Navy and A-13 from the Defense Logistics Agency pertaining to the DFSP facility. Although complete responses to the comments in these letters are provided in this Final EIR, many of these comments do not raise CEQA issues. Avoidance of spills and fires at the nearby industrial facilities, as well as compliance with applicable laws and regulations governing toxic air emissions, is a responsibility of the owners/operators of each facility, not the Project Applicant. 4. Rancho LPG Holdings Several comments have raised concerns regarding the Rancho LPG Holdings storage facility, located approximately 0.7 mile to the east of the Project Site, adjacent to Gaffey Street. There has been a substantial amount of debate within the San Pedro/Harbor City/Rancho Palos Verdes community over the past several years concerning the Rancho LPG facility with respect to the risk it may represent as a result of product releases and/or catastrophic explosions and fires. This debate has occurred independently of any discussion concerning the Proposed Project at the Ponte Vista site. Generally, the comments pertaining to Rancho LPG that were submitted on the Draft EIR for the Ponte Vista Project have addressed two principal issues: (1) the potential risk presented to future Project residents by the Rancho LPG facility and (2) general concerns about the Rancho LPG facility, including the inadequacy of Rancho LPG's Risk Management Plan (RMP) and on-site safety apparatus (and, by extension, the inadequacy of the Draft EIR's analysis of the risk posed by the Rancho LPG facility to future Project residents given its Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-15 5-48 City of Los Angeles June 2013 reliance upon the RMP). This topical response will address each of these issues and will provide a recent history of the community debate over the Rancho LPG facility as it relates to the Ponte Vista Project. As discussed above in Topical Response 3, CEQA does not require that impacts of existing development upon a proposed project be considered in an EIR. This point is germane to this discussion because the Rancho LPG storage facility has been in existence since the early 1970s and is located across the street from existing residences that are themselves closer to the Rancho LPG facility than the proposed Ponte Vista Project would be. The Project would not have any direct impact upon the Rancho LPG facility and . would not result in the alteration of its operation. Indirect impacts of the Proposed Project that may affect the Rancho LPG facility are limited to traffic on the roadways adjacent to the Rancho LPG facility. The Project's traffic impacts are described in Section IV.N (Transportation and Traffic) of the Draft EIR, which presents mitigation measures that would reduce each of the Project's significant impacts with respect to ~affic to a less than significant level. The Project would, however, place new residents within 0.7 to one mile of the storage tanks and containment basin at the Rancho LPG facility. Under the Applicant's preferred development plan for the Ponte Vista site (evaluated as Alternative C in the Draft EIR), an estimated 2,222 persons would eventually reside at the Project Site upon Project completion and full occupancy. It should be noted that the Project Site has previously been utilized for residential purposes and that previous residents at the site were also exposed to the same level of risk presented by the Rancho LPG facility as future Project residents would be. Although CEQA does not require that an EIR consider the impact of the existing environment on a project, the Draft EIR did include an analysis of these types of issues in the interest of informing the public as well as providing a context for the discussion of land use compatibility. Specific to the Rancho LPG facility, Section IV.H (Hazards and Hazardous Materials) of the Draft EIR presents an analysis of the potential for toxic air contaminants emitted from the facility to present a significant cancer risk at the Project Site (see Draft EIR at page IV.H-25) as well as an analysis of the potential for the facility to present a significant risk of injury and/or property damage to the Project as a result from accidental releases of hazardous materials (including fires and explosions; see Draft EIR at page IV.H-36). This topical response addresses the second of these two analyses -that of an accidental release from the Rancho LPG facility -as it is the topic of the majority of comments received on the Draft EIR in relation to Rancho LPG. Comments specific to the issue of the health risk presented by toxic air emissions from Rancho LPG are addressed individually (see Section III.B of this Final EIR). Risk of Upset Analysis The Draft EIR's analysis of the risk of accidental hazardous material releases (generically referred to as "risk of upset") from the Rancho LPG facility states the following (from page IV.H-36 of the Draft EIR): According to the RMP filed with City of Los Angeles Fire Department, the Rancho LPG (formerly Amerigas) facility may store up to 120 million pounds of butane and 640 Ponte Vista Project Final Environmental Impact Report I/IA. Responses to Comments -Topical Responses Page IIIA-16 5-49 City of Los Angeles June 2013 thousand pounds of propane.2 Under the RMP's offsite consequence analysis, a worst- case release of butane would spill into an on-site containment pit and could result in a vapor cloud explosion with an impact zone of 0.5 miles. A more likely alternative scenario for release of propane identified by the facility could result in a vapor cloud fire with an impact zone of 0.1 miles. There would be some quantifiable risk of upset from other activities such as product delivery by rail or truck. However, any such event would likely result in much smaller release amounts with a lower likelihood of vapor cloud explosion than quantified in the RMP, and thus, a much lower radius of impact than described in the RMP. Based on the worst-case RMP scenario and with the more likely releases having a much smaller radius impact than 0.5 miles, there would be no impact to the Project Site. Multiple c~mmenters on the Draft EIR have taken issue with this analysis due to its reliance upon the contents, assumptions, and methodology of the RMP for the Rancho LPG facility. Although some of these issues are addressed through the individual responses in Section III.B, a general explanation of the adequacy of the approach used for the Draft EIR is appropriate here as well. Industrial facilities such as Rancho LPG are required to prepare Risk Management Plans (RMPs) that address potential hazards resulting from their operations and how they will be minimized or managed. RMPs are required by the federal Accidental Release Prevention Program (Title 40, Code of Federal Regulations, Part 68), which implements Section 112 (r)(7) of the Clean Air Act Amendments of 1990. California has similar requirements that are codified in the California Health and Safety Code (H&SC), Division 20, Chapter 6.95, Article 2 (commencing with Section 25531). The California program is known as the California Accidental Release Prevention (CalARP). The goal of the RMP, as required by the federal and CalARP programs, is to prevent accidental releases of substances that can cause serious harm to the public and the environment from short-term exposures and to mitigate the severity of releases that do occur. Both the federal and CalARP programs require that facilities subject to the programs conduct an offsite consequence analysis (OCA) to provide information to the government and the public about the potential consequences of an accidental chemical release. Per 40 CFR, Part 68, §68.22-33 (federal program) and 29 CCR, Title 19, §2750 (California program), the OCA is required to consist of two elements: 2 1. Worst-Case Release Scenario -release of the largest quantity of a regulated substance from a single vessel or process line failure that results in the greatest distance to an endpoint. Rancho LPG Holdings Risk Management Program filed with City of Los Angeles Fire Department, February 6, 2009. Ponte Vista Project Ill.A. Responses to Comments -Topical Responses Page l/IA-17 Final Environmental Impact Report 5-50 City of Los Angeles June 2013 2. Alternative Release Scenario -release that is more likely to occur than the worst-case scenario and that reaches an endpoint off-site. This is considered to be the more reasonably foreseeable scenario. The distance to the endpoint is the distance the flammable gas will travel before dissipating to the point that risk of combustion will no longer occur. The scenarios are developed using a Process Hazards Analysis. A Process Hazard Analysis (PHA) is .done as part of the RMP process and is codified in 40 CFR, Part 68, Section 68.67 and in 29 CCR, Title 19, Section 2760.2. The PHA focuses on equipment, instrumentation, utilities, human actions (routine and non routine), and external factors that might impact the process. These considerations assist in determining the hazards and potential failure points or failure modes in a process. The chief objective of the PHA P!ocess is to provide a safety review of engineering design efforts. PHA information is usually proprietary and updates are required at least once every five years or whenever there is a major change in the process. The main components of a typical PHA process identify the following: • Hazards associated with the process and regulated substances • Opportunities for equipment malfunction or human error that could result in a release • External events that could impact the process and result in a release • Safeguards that will control the hazards or prevent the malfunction or error • Steps to detect or monitor releases • All process safety information and ensure that it is up-to-date The Rancho LPG facility stores butane and propane gases and is required to prepare and maintain RMP documents. The RMP documents developed by Rancho LPG evaluated flammables, which include both butane and propane. The Rancho LPG RMP was most recently updated in February 2011, although the version utilized in the Draft EIR analysis is dated February 2009 and was the most recent iteration available at the time the analysis was conducted. The analyses of these potential release events in the RMP are not material-or product-specific, and apply to all fuels that are transported to and from the facility, including liquefied petroleum gas and butane. The release scenario presented in the Rancho LPG RMP is a worst-case scenario, as defined by EPA's Risk Management Program Guidance for Offsite Consequence Analysis (OCA, April 2009). A worst- case scenario is defined as "the release of the largest quantity of a regulated substance from a vessel or process line failure, and the release that results in the greatest distance to the endpoint for the regulated toxic or flammable substance." For butane and propane, the endpoint is 1 psi overpressure for a vapor Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page //IA-18 5-51 City of Los Angeles June 2013 cloud explosion. The worst-case release is defined without regard to cause and potential human or mechanical intervention. However, passive mitigation such as containment berms can be considered. In its review of the RMP for application to the evaluation of risk of upset impact at the Ponte Vista Project Site for the Draft EIR, BlueScape Environmental concluded that Rancho LPG correctly followed the EPA regulatory guidance for release of refrigerated butane into a containment area (OCA, Section 5). The RMP analysis assumed that the entire contents of a full tank would empty into a containment basin over 10 minutes, with 10% of that quantity available for a vapor explosion. The maximum amount of refrigerated butane stored in either of two large tanks is 57 million pounds (lbs). Of that, 570,000 lbs. of refrigerated liquid butane was assumed to be released per minute for 10 minutes, with 57,000 lbs/min available to evaporate and for a vapor cloud explosion. From OCA Reference Table 13, even if all 570,000 lbs. were instantaneously available for a vapor cloud, the distance to 1 psi overpressure would be just over O.<;> miles. Measured from the edge of the containment areas for the refrigerated butane storage tanks, the Proposed Project would Lie more than 0.7 miles distant, beyond the 0.5-mile worst-case scenario radius. Therefore, this worst-case scenario explosion, and explosions under other scenarios with lesser release quantities, were determined would not impact the Project Site at the significance level of 1 psi overpressure. Thus, the Draft EIR concluded that this scenario would have no impact upon future Project residents. The Rancho LPG RMP also defines an alternative, or more likely, release scenario as a release that would occur when a truck pulls away after loading with a hose attached, with 14 lbs./min butane vapor released over a period of 10 minutes. The 140 lb. release leads to a 0.02-mile distance to overpressure of 1 psi, again, much closer to the facility than the Ponte Vista Project Site. The alternative release scenario considers such mitigation as manual or automated shutoff procedures. This alternative case and other similar scenarios are much more realistic of the types of releases that might occur at the Rancho LPG facility, including leaks from valves, valve failures, pipe breaks, and other scenarios. In addition, these scenarios account for the agency-required safety procedures that Rancho LPG must have in place to minimize the risk of these releases. The worst-case scenarios of total butane or propane storage tank failure lead to the furthest impacts to endpoint, but are also extremely unlikely to occur. Releases such as leaks and spills from product delivery by truck or rail are much more likely than the.worst-case scenario, but exhibit significantly less chemical released over a longer period. Thus, the Draft EIR properly included that the Rancho LPG facility would have no impact on the Project under either the Worst-Case Release Scenario or the Alternative Release Scenario presented in the RMP. Commenters have presented numerous objections to the methodology and conclusions presented in Rancho LPG's RMP. However, the RMP is filed with the Los Angeles City Fire Department (LAFD), the delegated agency for managing compliance with federal and state regulations governing butane and propane storage. The LAFD is charged with reviewing and approving the RMP document, completing inspections, and enforcing compliance. Given this, it was properly concluded that the RMP represents the most informed and reliable assessment of the potential product release scenarios at Rancho LPG and, thus, provide the best basis for an analysis of the facility's potential to affect the Project Site. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-19 5-52 City of Los Angeles June2013 General Concerns About Rancho LPG Many commenters on the Draft BIR have raised general objections to and concerns regarding the Rancho LPG facility, above and beyond the potential for accidental releases of hazardous materials to impact the Project Site specifically. These comments are understood as being presented within the context of an ongoing community debate over the Rancho LPG facility, a debate that pre-dates the advent of a redevelopment proposal for the Ponte Vista Project Site. It is clearly not within either the ability or the mandate of the BIR for the Proposed Project to address or resolve each of the concerns that has been expressed regarding Rancho LPG, nor would it be appropriate to attempt to do so. However, because the Draft BIR does contain a brief discussion of the recent community debate over Rancho LPG as context for the more direct analysis of Rancho LPG's potential to impact the Project, some general background and discussion of recent developments is warranted. Its original owner, Petrolane, constructed the Rancho LPG facility beginning in 1973. An BIR for the project was certified by the City of Los Angeles in 1973 and the facility was granted all applicable permits from the relevant regulatory agencies prior to construction and initial operation. Although the Rancho LPG facility is not located within a designated surface fault rupture zone, the storage tanks were constructed with an adequate safety factor for the maximum credible seismic event associated at the time with the Palos Verdes Fault and have been subjected to routine evaluation to ensure that they meet current building standards, will not fail due to seismic hazard, and provide reasonable assurance that a loss of containment will not result in an offsite consequence of danger to the public.3 With respect to the most recent seismic evaluation of the Rancho LPG tanks, the CalARP seismic assessment (mandated every five years) for the facility was audited in 2011 with no violations reported.4 Additionally, Rancho LPG has engaged in a program of continual inspection and maintenance to ensure that all vessels, tanks, piping, and infrastructure are maintained in accordance with applicable regulations. The two large refrigerated butane tanks at the facility were internally and externally inspected in 2009 and 2012, with no major defects found. No major incidents, accidents, or releases have occurred in the Rancho LPG facility's 40 years of operation.5 In 2010, the Northwest San Pedro Neighborhood Council commissioned a Quantitative Risk Analysis of the Rancho LPG facility, prepared by Cornerstone Technologies, Inc. As discussed in the Draft BIR (at page IV.H-36), this analysis estimated larger zones of impact of up to 1.7 miles for a pool fire, 4.0 miles for a vapor cloud explosion, and 6.8 miles for a BLBVE than the RMP.6 The Draft BIR goes on to state: 3 4 5 6 Ron Conrow, Western District Manager, Plains/Rancho LPG Holdings, LLC, Written Correspondence to Michael Lo Grande, Director, Department of City Planning, City of Los Angeles, December 21, 2012, p. 8. Ibid. Ibid,p. 9. Cornerstone Technologies, Quantitative Risk Analysis for Amerigas Butane Storage Facility, September 2010. Ponte Vista Project III.A. Responses to Comments -Topical Responses Page JJI.A-20 Final Environmental Impact Report 5-53 CUy of Los Angeles June 2013 Importantly, however, the Cornerstone Technologies conclusions are based on conditions that are extremely unlikely to occur. First, a large magnitude earthquake from the Palos Verdes fault zone (up to 7.3 magnitude) is only expected to occur once every 400-900 years. Also, the probability that this earthquake would be centered at the Rancho LPG facility is moderate, since the fault zone extends for a distance of approximately 100 kilometers. Further, the tanks are designed with seismic safety features that reduce the risk of rupture in the event of an earthquake. In addition, it is highly unlikely that the vapor cloud would distribute and ignite before reaching its maximum radius, particularly with weather conditions in the harbor typically generating consistent yet variable wind speeds that would disperse the butane vapor more rapidly to prohibit dense, overpressure conditions upon ignition. Further, Cornerstone Technologies did not consider the presence of on-site passive mitigation at the Rancho LPG facility and the analysis does not incorporate the effects of those safety features. 7 Therefore, the scenarios modeled by Cornerstone Technologies are considered unrepresentative, and therefore comprise remote and speculative characterizations of the foreseeable risks associated with the facility. According to Rancho LPG, Cornerstone Technologies' study was prepared without any visit to the facility and in the absence of important facility-specific data and information, including consideration of designed facility safety measures and, thus, included unrealistic, physically impossible, and technically invalid scenarios.8 To respond to the Cornerstone report, Rancho LPG hired Quest Consultants, Inc. to perform a thorough technical review of the Cornerstone analysis and to prepare a comprehensive Quantitative Risk Analysis of the Rancho LPG facility. The Quest report disputed the conclusions reached by Cornerstone Technologies and concluded that simplistic, conservative assumptions and use of the RMP Comp Model led Cornerstone to substantially overestimate the distance to 1 psi overpressure. Additionally, Quest concluded that no "cataclysmic domino effect" could occur as a result of any incident at Rancho LPG.9 In 2011, the U.S. EPA hired an independent third-party consultant, Professor Daniel Crowl at Michigan Technological University, to perform a risk assessment and evaluation with respect to potential damage from a worst-case release of butane and/or propane from the Rancho LPG facility. In addition, Professor Crowl evaluated both the Cornerstone and Quest reports and concluded that the Quest report presented an accurate assessment of the true risks associated with the Rancho LPG facility.10 This third-party assessment is discussed in the Draft EIR at page IV.H-39. Subsequently, as is also discussed in the Draft 8 9 JO Correspondence from Rancho LPG Holdings to NW San Pedro Neighborhood Council on October 27, 2010. Letter from Ron Conrow, p. 11. Ibid. Correspondence from Daniel A. Crowl, Professor, Michigan Technological University to Ms. Mary Wesling, EPCRAIRMP Enforcement Coordinator, U.S. EPA Region IX on April 11, 2011. Ponte Vista Project III.A. Responses to Comments -Topical Responses Page I/lA-21 Final Environmental Impact Report 5-54 City of Los Angeles June 2013 EIR, the City Attorney responded to local concerns regarding potential risk of upset at Rancho LPG, indicating that (1) operations at Rancho LPG are consistent with applicable regulations and requirements and that no violations were found during two inspections of the facility in 2011; (2) there has been no demonstration of facts leading to a claim of harm or damage caused as a result of Rancho LPG's activities; (3) no legal basis exists via which the City can enjoin permitted business activities or operations at Rancho LPG; and (4) that Rancho LPG's current operations were adequately addressed in previous CEQA documentation and analysis. 11 On June 27, 2012, the Public Safety Committee of the Los Angeles City Council held a meeting to discuss the safety of the Rancho LPG facility and others (Safety Regu1ations and Precautions at Liquefied Petroleum Gas (LPG) Facilities, February 19, 2013). The Committee meeting was attended by several agencies charged with overseeing compliance with safety regulations applicable to Rancho LPG. The report from this meeting reiterated the advantage of Rancho LPG storing butane as a liquid under pressure; that upon release into a containment area, only a small amount could become involved in a vapor cloud explosion. The containment area reduces the surface area for liquid butane to become vapor. As far as oversight, the Committee requested that the Chief Legislative Analyst prepare a report on safety regulations and precautions at LPG facilities. This report was released in February 2013 and states that LAFD conducts routine inspections of tanks, fire suppression systems, fire hydrants, gas/liquid monitoring, inventory of process and stored substances, emergency planning, and security. In addition, the Department of Building and Safety (LAD BS) performs annual inspections pursuant to the Municipal Code and state law. Relative to potential safety improvements, the report identifies two initiatives in consultation with LAFD and LADBS: one focusing on conducting an emergency exercise to further enhance the preparedness efforts of City first responders and to better engage community stakeholders and a second to explore the specific levels of coordination between City and non-City inspection agencies to determine the feasibility and benefits of automatic cross-notification of inspections.12 On March 14, 2013, the U.S. EPA issued a Notice of Potential Enforcement Action to Rancho LPG for violations of the Clean Air Act resulting from inspections it conducted of the facility in 2010 and 2011. The allegations cited in the notice include: 13 JI • Failure to include the rail storage area in Rancho LPG's Risk Management Plan; • Failure to adequately evaluate potential seismic stress on the support structure for the emergency flare; Correspondence from Carmen A. Trutanich, Los Angeles City Attorney, to Anthony G. Patchett, Esq. on September 22, 2011. 12 Report of the Chief Legislative Analyst, Safety Regulations and Precautions at LPG Facilities, February 19, 2013. 13 Correspondence from Daniel A. Meer, Assistant Director, Supeifund Division, U.S. Environmental Protection Agency, Region IX to Tony Puckett, Rancho LPG Holdings, LLC; March 14, 2013. Ponte Vista Project III.A. Responses to Comments -Topical Responses Page Ill.A-22 Final Environmental Impact Report 5-55 City of Los Angeles June 2013 • Failure to appropriately address the consequences of a loss of the city water system for fire suppression in the event of an earthquake; • Failure to internally inspect Tank 1 in accordance with required timetables; • Failure to develop and adopt an adequate emergency response program; and • Failure to ensure that the drainage pipe at the base of the containment basin and the valve located near Gaffey Street are included in the mechanical integrity program. Rancho LPG has prepared a formal response to this notice and has submitted it to the EPA, which is currently reviewing the information and intends to meet with Rancho LPG in midsummer 2013 to discuss its response.14 However, it should be noted that none of the potential violations cited in the EPA notice directly pertain to the analysis in the Draft EIR of Rancho LPG's potential to impact the Proposed Project under one of the two modeled release scenarios discussed previously. 5. Emergency Evacuation and Response Several comments raise concerns regarding the potential effect of the Project on emergency response and evacuation efforts in the event of a major emergency, either natural or manmade, in the San Pedro area; a situation that requires response beyond routinely occurring periodic police, fire, and ambulance response events. This Topical Response is intended to provide additional information in response to these comments, while additional responses to certain comments are contained in the letter-by-letter responses that follow. As is discussed in the Draft EIR (see pages IV.H-39 through -43), the Safety Element of the General Plan is the governing policy document of the City of Los Angeles pertaining to response to disaster events. As part of the General Plan, the Safety Element anticipates housing growth in the City of Los Angeles. As discussed in the Draft EIR, the current Proposed Project (Draft EIR Alternative C) would provide about 67 percent of the additional housing units forecast for the Wilmington-Harbor City Community Plan areas from 2010-2017 and about 30 percent of forecast 2010-2027 housing growth. It is thus consistent with the Safety Element's growth assumptions, and would not interfere with implementation of the Safety Element. Contrary to the assumptions of several comments, the City maintains and continuously updates and upgrades its emergency response plans and resources. After every significant emergency, City personnel evaluate the effectiveness ofresponse, ways to improve response, and how to reduce potential loss oflife, injury, and property damage in future similar events. Natural disasters within the City, as well as 14 E-mail correspondence from Mary Westing, USEPA Region 9 with CAJA Environmental Services, LLC; June 17, 2013. Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page IIIA-23 5-56 City of Los Angeles June 2013 disasters in other parts of the world, have added to existing knowledge about disaster preparedness. See the Draft BIR (at page IV.H-39) for a discussion of the responsibilities of the City's Emergency Operations Organization's (BOO) Transportation Division. Individual division emergency plans are maintained by the EOO's Airports Division, Animal Regulation Division, Building and Safety Division, Fire Suppression and Rescue Division, General Services Division, Harbor Division, Information Technology Agency, Personnel and Recruitment Division, Police Division, Public Welfare and Shelter Division, Public Works Division, Recovery and Reconstruction, ·Transportation Division, and Utilities Division. The Emergency Response Master Plan also contains individual protocols and procedures (entitled "Annexes") to deal with particular types of emergencies, including civil disturbances, earthquakes, hazardous materials releases, major aircraft accidents, major fires, non-declared emergencies, and storms. Interagency agreements, both formal and informal, enable the closest available unit to respond to an emergency incident. Inter-jurisdictional assistance to assure public safety, protection and other assistance services today generally are in the form of "mutual aid" agreements (see Draft BIR at page IV.H-40). Mutual aid and other agreements provide for voluntary cooperative efforts and for provision or receipt of services and aid to or from other agencies or jurisdictions when local capabilities are exceeded by an emergency event. Through mutual aid agreements, the BOO and individual City agencies coordinate emergency response planning with adjacent cities, the County of Los Angeles, the State, federal agencies and other public and private organizations, such as the Los Angeles Unified School District and the American Red Cross. In addition, they share information so as to improve hazard mitigation efforts and coordinate resources for disaster response and recovery. As discussed in the Draft BIR (at page IV.H-40), the BOO Harbor Division's emergency preparedness plan addresses various contingencies, including the potential that, in the event of a major disaster, the possibility exists that the Harbor would be geographically severed from the City making it impossible for other divisions to move equipment and personnel into the area. For this purpose, the Harbor Division maintains interagency cooperation agreements with the Port of Long Beach, U.S. Navy and the U.S. Coast Guard. The Harbor Department also maintains current lists of Harbor Department construction equipment, vehicles, vessels and radio equipment, and also a list of equipment in the area operated by private industry. In general, the San Pedro/Harbor area is considered to have the most advanced, well- developed set of emergency response and emergency evacuation procedures in the City of Los Angeles, as well as in the greater Los Angeles region.15 The City is constantly planning and working to respond to emergency contingencies in the best manner possible. The response to any given emergency depends on the particular emergency event that has occurred, the timing and location of the emergency event, and the scope of the emergency event. Given 15 Joan McNamara, Commanding Officer-Harbor Area, Los Angeles Police Department; personal communication, April 18, 2007. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-24 5-57 City of Los Angeles June 2013 the numerous permutations of possible events and circumstances, discussion of a hypothetical event is beyond the scope of this EIR. In accordance with the Safety Element and Emergency Response Manual, in a state of emergency, the EOO assumes command and control and responds with maximum feasible speed. The EOO informs the public as to the steps that should be taken to protect themselves, and directs responding resources. As persons become aware of the state of emergency, ordinary public activities, such as persons engaged in shopping or work, are temporarily suspended. Public cooperation is assumed and public agencies assume ·control of public streets and facilities that are necessary to allow efficient emergency response, and where relevant, evacuation activities. While emergency preparedness is intended to be flexible to respond to unknown contingencies, the Safety Element d~signates disaster routes, which for planning purposes are intended to function as primary thoroughfares for movement of emergency response traffic and access to critical facilities.16 Immediate emergency debris clearance and road/bridge repairs for short-term emergency operations will be emphasized along these routes. The selected disaster routes also provide a plan for inter-jurisdictional road reconstruction and rebuilding following a major disaster. As is discussed in the Draft EIR (at page IV.H-40), within the vicinity of the Project Site, the Safety Element does not designate Western A venue as a disaster route. The north-south disaster routes include: Western A venue south of West Summer land A venue, Gaffey Street, Pacific A venue, and Harbor Boulevard. East-west disaster routes include 25th Street, 9th Street, West Summerland Avenue east of Western Avenue, Palos Verdes Drive North, Anaheim Street, Pacific Coast Highway, and Lomita Boulevard. Interstate 110 is the major north-south freeway route in the vicinity. The Harbor Area and San Pedro are also adjacent to surrounding cities and their disaster routes. Western Avenue would not be used as an evacuation route in the event of an incident occurring at the Port of Los Angeles because it is located too far to the west.17 Various comments posit a situation in which mass evacuation of the entire San Pedro/Harbor area would be necessary. As is discussed in the Draft EIR, this is a remote and speculative scenario. Foreseeable emergency situations such as explosions or hazardous material releases that would require evacuation as the best possible response are likely to be far more localized in terms of size and seriousness of the event, the geographic diversity and size of the surrounding area, the length of event, and influence of climactic conditions. As discussed on page IV.H-41 of the Draft EIR, a mass evacuation would be the response of last resort because a mass evacuation removes evacuees from their most ready shelter and supplies (their homes) and subjects them to the risks of travel in an emergency situation. Localized evacuations would be preferred, and would be for as short as a duration as possible. Specific evacuation methods have been ]6 City of Los Angeles, General Plan Safety Element; Exhibit H (Critical Facilities and Lifeline Systems). 17 Dave Malin, Harbor Department Emergency Preparedness Coordinator II, personal communication, March 15, 2007. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-25 5-58 City of Los Angeles June 2013 developed for evacuations and inter-agency communication and coordination protocols, as well as public communication methods and protocols, have been identified so that evacuation procedures are implemented effectively and consistently among local agencies.18 As is stated in the Draft EIR, in the event of a localized emergency, normal traffic patterns would cease as . the public becomes aware of the situation and as emergency personnel take control of streets. Traffic patterns along routes in the Project vicinity would be controlled. The availability of centrally controlled automated traffic signals, towards which the Project will contribute, would significantly improve emergency response preparedness in the area. For localized emergencies to which evacuation is the required response, the public would be instructed in accordance with a localized evacuation plan. Traffic would be carefully managed and emergency personnel would have the ability to direct traffic to flow in only one direction. For example, using the base traffic lane capacity assumed in the traffic analysis of 1,500 vehicles per lane per hour, Western Avenue could accommodate approximately 3,000 vehicles per hour in a two-way street scenario (i.e., two lanes northbound leaving San Pedro), and up to 6,000 vehicles per hour in a one-way street scenario (i.e., four lanes northbound leaving San Pedro). Comments were submitted regarding the ability of the Los Angeles Fire Department (LAFD) and the Los Angeles Police Department (LAPD) to respond to emergency calls within the traffic study area of the Project, considering that several of the study intersections currently operate at poor levels of service (LOS). Although the Project would add traffic to the study area, the required mitigation measures set forth in Section IV.N (Transportation and Traffic) of the Draft EIR would reduce all of the Project's traffic impacts to less than significant levels. The Project's traffic would not cause traffic flow to "freeze," not allowing any vehicles, emergency or otherwise, to move through the study area. Traffic congestion is commonplace in the City of Los Angeles, and the LAFD and LAPD are familiar with the tactics needed to maneuver through traffic congestion during an emergency response, with the use of sirens, lights, traffic signals, and use of alternate routes during peak traffic hours. The LAFD and LAPD would continue to implement these tactics during the operation of the Project. As stated previously, and on page IV.H-41 of the Draft EIR, for most emergency situations, emergency preparedness and shelter-in-place is the preferred approach to be implemented. In these situations, the emergency response plans focus on public awareness, education and communication methods and protocols designed to provide accurate, timely, and consistent information to the public. In addition, the plans include inter-agency communication and coordination protocols for shelter-in-place emergency situations.19 In hazardous materials releases and other emergencies, the danger is most often avoided or minimized by staying in place and indoors. In the event of a major catastrophe, damage, confusion and hazards may be widespread, making it difficult, and potentially more perilous, to travel. Sheltering-in- 18 Joan McNamara, Commanding Officer-Harbor Area, Los Angeles Police Department; personal communication, April 18, 2007. 19 Ibid. Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page IIIA-26 5-59 City of Los Angeles June 2013 place also enables emergency response personnel to gain control and stability more quickly and thoroughly by reducing panicked activity and interference in emergency response activities.20 As a Project Design Feature, the Project would prepare and implement an emergency response plan for approval by the Los Angeles Fire Department (see pages IV.H-21 and IV.M-9 of the Draft EIR). The emergency response plan will include but not be limited to the following: mapping emergency exits, evacuation routes for vehicles and pedestrians, location of nearest hospitals, and fire departments. In developing the emergency response plan, the Project Applicant will consult with neighboring land uses, including but not limited to the U.S. Navy Defense Fuel Support Point (DFSP), the ConocoPhillips Refinery, Rancho LPG, the Port of Los Angeles, and Mary Star of the Sea High School. The Project will also include an additional emergency access point along its southern boundary adjacent to the Seaport Village development. This emergency response plan will help implement the City's emergency response plan policies (described earlier in this Topical Response). Project access and design is already planned to conform to the requirements ofLADOT, which has reviewed and approved preliminarily proposed Project circulation and access routes, as well as the requirements of the Fire Department. In addition, the Project would fund physical traffic capacity improvements to address Project and cumulative growth and would provide an access to Western Avenue for Mary Star of the Sea High School. Implementation of the Project's traffic mitigation measures would result in improved performance conditions at several of the intersections in comparison to existing conditions, even with the addition of Project traffic. Also, as stated on p. IV.N-9 of the Draft EIR, signalized intersections near the Project Site have traffic control improvements (ATSAC/ATCS and other similar computer-operated systems) that will assist in the centralized control and operation of traffic signals, resulting in more rapid and effective emergency response. Except in the event of a localized emergency of continuing duration, the reasonably foreseeable scenario is that Project residents and their immediate neighbors would be instructed to abide by the same measures as other area residents, avoid unnecessary travel, and remain inside their homes.21 As noted in the Draft EIR, the Project's emergency response plan will address the occupancy, number, location, and design of the structures approved for the Project at the conclusion of the entitlement process. It will require mapping of emergency exits, evacuation routes for vehicles and pedestrians within and from the Project Site, and location of nearest hospitals and fire departments. The Applicant must also consult with neighboring land uses, including but not limited to the DFSP and the Conoco-Phillips Refinery. The plan must be completed and approved based on final building plans before building permits for the Project's structures are issued. Once completed and approved by the Fire Department, this required plan would be integrated with the regional emergency response plans described above by the LAPD and LAFD and the other agencies responsible for emergency response measures. These 20 Ibid. 21 Ibid. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page JJJ.A-27 5-60 City of Los Angeles June 2013 requirements provide a mechanism for developing an integrated emergency response plan for the Project and the surrounding community. Emergency response plans for the San Pedro/Harbor area are being continually reviewed and updated in response to changing land uses and population characteristics within the target area. Because land use and population patterns are dynamic, this updating of emergency response plans is an ongoing process led by the LAPD with involvement from the other agencies involved in implementing the plans, from the LAFD to the California Highway Patrol. Whenever new development occurs, emergency response plans are evaluated and, if necessary, revised to reflect the new development.22 The Project Site is not currently identified in any existing emergency response plan as a physical evacuee location or other location of public congregation or equipment/personnel mobilization. In light of the foregoing discussion, the Project would have no impact with respect to interference with the provisions of adopted emergency response plans. With respect to non-state-of-emergency situations, as discussed in the Draft EIR at page IV.M-12, the Project impacts related to emergency access also would be less than significant. Emergency access to the Project Site (police, fire, and ambulance) would be provided via the two ingress/egress points off Western A venue that would also provide general site access as well as via the additional emergency access lane connecting to the Seaport Village development at the Site's southern boundary. In addition, a reciprocal emergency access arrangement exists between Mary Star of the Sea High School and the Project that would allow for emergency access from Mary Star and Taper Avenue to Western Avenue. Project- specific impacts with respect to emergency response distance (police, fire and ambulance) would be less than significant (see Draft EIR, p. IV.M-11). Several comments assert that the Project would have a significant impact by resulting in increased response times to fire, police, and emergency medical service calls within the area. Although no evidence has been presented to support such an assertion, the obligation to provide adequate fire and emergency medical services is the responsibility of the City (Cal. Const., art. XIII, Section 35, subd. (a)(2) ["The protection of the public safety is the first responsibility of local government and local officials have an obligation to give priority to the provision of adequate public safety services.]). In addition, the potential "need for additional fire protection services is not an environmental impact that CEQA requires a project proponent to mitigate. Section 15382 of the CEQA guidelines defines 'significant effect on the environment' as 'a substantial, or potentially substantial, adverse change in any of the physical conditions of the area affected by the project, including land, air, water, minerals, flora, fauna, ambient noise, and objects of aesthetic or historic significance. An economic or social change by itself shall not be considered a significant effect on the environment. A social or economic change related to a physical change may be considered in determining whether the physical change is significant."' [City of Hayward v Board of Trustees of the California State University, First Dist. Court of Appeal, Case No. A131412 22 Ibid. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-28 5-61 City of Los Angeles June 2013 (May 2012) (Review pending)]. As is also stated in City of Hayward, "the potential dangers associated with delayed response times do not mandate a finding of significance under section 15065, subdivision (a)(4) of the Guidelines ... " [City of Hayward v Board of Trustees of the California State University, First Dist. Court of Appeal, Case No. A131412 (May 2012) (Review pending)]. Thus, even ifthe Project were shown to have resulted in delayed response times for relevant public services, such effects are not considered to be environmental impacts under CBQA. 6. Alternatives to the Proposed Project Several commenters have raised concerns over the range of alternatives to the Proposed Project that was evaluated in Section VI of the Draft BIR .. Primary issues raised by commenters are (1) Alternative B (No Project Alternative/Existing Zoning -Single-Family Homes) does not account for the existing Open Space zoni~g on a portion of the Project Site and (2) the Draft EIR did not include a mixed-use alternative that would combine residential with neighborhood-serving commercial/retail and limited office space uses. These two issues are addressed in this topical response. Other specific comments pertaining to the alternatives evaluated in the Draft BIR as well as other suggested possible alternatives are addressed under the individual responses to comments in Section III.B. Reasonable Range of Feasible Alternatives As is discussed beginning on page VI-1 of the Draft BIR, the CEQA Guidelines require that BIRs include the identification and evaluation of a reasonable range of alternatives that are designed to reduce the significant environmental impacts of a project, while still satisfying the project objectives. Specifically, Section 15126.6(a) of the CBQA Guidelines states: Alternatives to the Proposed Project. An EIR shall describe a range of reasonable alternatives to the project, or to the location of the project, which would feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any of the significant effects of the project, and evaluate the comparative merits of the alternatives. An EIR need not consider every conceivable alternative to a project. Rather it must consider a reasonable range of potentially feasible alternatives that will foster informed decisionmaking and public participation. An EIR is not required to consider alternatives which are infeasible. The Lead Agency is responsible for selecting a range of project alternatives for examination and must publicly disclose its reasoning for selecting those alternatives. There is no ironclad rule governing the nature or scope of the alternatives to be discussed other than the rule of reason. Additionally, Section 15126.6(c) of the CEQA Guidelines states: Selection of a range of reasonable alternatives. The range of potential alternatives to the Proposed Project shall include those that could feasibly accomplish most of the basic Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page III.A-29 5-62 City of Los Angeles June 2013 objectives of the project and could avoid or substantially lessen one or more of the significant effects. The EIR should briefly describe the rationale for selecting the alternatives to be discussed. The EIR should also identify any alternatives that were considered by the Lead Agency but were rejected as infeasible during the scoping process and briefly explain the reasons underlying the Lead Agency's determination. Additional information explaining the choice of alternatives may be included in the administrative record. Among the factors that may be used to eliminate alternatives from detailed consideration in an EIR are: (i) failure to meet most of the basic project objectives, (ii) infeasibility, or (iii) inability to avoid significant environmental impacts. Two points are particularly relevant to the suggestions made by commenters on the Draft EIR: alternatives to a project must be potentially feasible and must feasibly accomplish most of the basic objectives of a project. The objectives of the Proposed Project are presented on page VI-3 of the Draft EIR and are as follows: 1. To remove the abandoned improvements currently present on the site, in accordance with the contractual conditions of sale required by the U.S. Navy. 2. To provide new housing on unutilized land that will meaningfully contribute to meeting the projected 2017 and 2027 housing need in the Wilmington-Harbor City Community Plan area, as projected by the City's General Plan Framework and Southern California Association of Governments, without requiring the demolition of existing market-rate or rent-controlled housing stock. 3. To provide new housing that meets the housing needs of a broad spectrum of persons who desire to live in the San Pedro community. 4. To provide a residential project with substantial common amenities, landscaping, and open space for the use of its residents. 5. To provide a project that will invigorate the local economy, employment, and business opportunities through project construction, and through the expenditures of its future residents. 6. To mitigate potential significant environmental impacts, to the extent feasible. 7. To develop a project that fiscally benefits the City of Los Angeles. 8. To provide a project that ensures high-quality development and maintenance through the creation and adoption of a specific plan that will set land use, architectural, landscaping, streetscaping, and lighting standards. As the Draft EIR states, based on market conditions and demands, the Project Applicant determined that residential development would best meet the objectives for the Project. The Applicant also determined Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-30 5-63 City of Los Angeles June 2013 that all potential alternatives should involve private development projects that might be financially feasible to develop and market. All existing improvements must be removed from the Project Site pursuant to the contract under which the site was first transferred to private ownership. Further, the site, which was not graded or filled in accordance with current standards, must be comprehensively reengineered as part of any development. The other CEQA-mandated consideration in establishing the range of alternatives to the Proposed Project to be evaluated in the Draft EIR is the extent to which the potential alternatives can either avoid or substantially lessen the significant environmental impacts of the Proposed Project. As discussed throughout Section IV of the Draft EIR, all of the Project's significant impacts can be mitigated to a less than significant level through the implementation of the proposed mitigation measures with the exception of impacts with respect to operational air emissions, construction-related noise and vibration, and operational ·exterior noise within the Project itself (not at any off-site locations). Although alternatives that were not evaluated in the Draft EIR may exist that would reduce some of the Project's other significant impacts (e.g., operational traffic), the fact that the identified Project mitigation measures would reduce these impacts to a less than significant level made it less critical to consider such alternatives, particularly if they were determined to either be infeasible to develop or incapable of attaining most of the defined project objectives listed above. Thus, the ultimate selection of the range of alternatives to ·be evaluated in the Draft EIR was made based on their feasibility to develop, their ability to achieve most of the project objectives, and their ability to either avoid or substantially lessen the significant impacts of the Project that could not be mitigated to a less than significant level. Nonetheless, the Draft EIR does present a discussion of additional alternatives that were considered, but rejected from full evaluation (at page VI-5). These possible alternatives included a development plan similar to that contained in the 1999 Base Reuse Plan for the site, a mixed- use residential/commercial alternative, a fully commercial alternative, and an alternative site plan containing a dedicated senior-housing component. The rationale for not evaluating any of these other alternatives is discussed in Section VI of the Draft EIR. Corrections to Draft EIR Alternative B As was noted previously, multiple comments on the Draft EIR have stated that an alternative that would develop the Project Site under its existing zoning and General Plan designations was not evaluated and that the alternative in the Draft EIR (Alternative B) that purports to do exactly this, in fact, does not. With respect to this issue, the commenters are correct. Alternative B, discussed at pages I-10 and VI-10 of the Draft EIR, would redevelop the Project Site with 385 single-family homes but would not retain the site's existing zoning and General Plan land use designations, as the Draft EIR states. With respect to this latter point, the Draft EIR is in error and has been revised as described below. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IlIA-31 5-64 City of Los Angeles June 2013 As is described in Section IV.J (Land Use) of the Draft EIR, the Project Site is currently zoned for R-1 (single-family residential) development with the exception of 9.3 acres along the property's northern boundary, which is zoned Open Space. The General Plan land use designations of the site track with the zoning. Thus, it would not be possible to develop 385 single-family homes on the site unless the zoning and land use designations of the property· were changed to eliminate the 9.3 acres of Open Space. As a result, implementation of Alternative B would require that a Zone Change and General Plan Amendment be approved for the Project. In order to correct this error in the Draft EIR, the following revisions have been made to Section I (Introduction/Summary) at page I-10 under the "Alternatives" section heading (see also Section IV, Corrections and Additions to the Draft EIR): In 'order to provide informed decision-making in accordance with Section 15126.6 of the CEQA Guidelines, this Draft EIR considers a range of alternatives to the Project. The Draft EIR analyzes the following alternatives: (A) No Project Alternative/No Development; (B) No Projeot Alternative/Single-Family Homes; (C) Staff Recommendation/Reduced Density; and (D) Revised Site Plan. Each alternative is described in full in Section VI, Alternatives to the Project, of this DraftEIR. Alternative B: No Projeet Altemative/Single-Family Homes Alternative B presumes that the Project Site would be redeveloped aooording to existing zsooing and General Plan designation allowed uses and densities in order to maximize the number of single-family residences at the site. Taking site planning considerations into account, including the required seismic setback, approximately 385 single-family homes could be developed on the Project Site under the site's existing Rl zoning and Low Residential General Plan designation. Such a site plan would require that the existing 9.3 acres of Open Space zoning and land use designation on the Project Site be eliminated. Alternative B would not include a 2.8-acre public park or an access road to Mary Star of the Sea High School from Western Avenue. The following revisions have also been made to Section VI (Alternatives to the Proposed Project), first at the bottom of page VI-4 (see also Section IV, Corrections and Additions to the Draft EIR): Alternative B: No Projeot Altemafr;e/fadsting Zoning (Single-Family Home~ Also at page VI-10 (see also Section IV, Corrections and Additions to the Draft EIR): Alternative B: No Projeet Alternative/Existing Zo:aiBg (Single-Family Homes~ Under Alternative B, the Project would not be developed on the Project Site. However, the Project Site would not remain in its current condition. Under the conditions of the ownership Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIJ.A-32 5-65 City of Los Angeles June 2013 transfer from the U.S. Department of Defense to the previous owner, all existing improvements on the Project Site must be removed. Accordingly, the existing vacant former Navy housing complex and associated roadways and other infrastructure would be demolished and all debris removed from the Project Site under this alternative. Under the current land use designation in the Wilmington-Harbor City Community Plan, a majority of the Project Site is designated for Low Density Residential (4 to 9 dwelling units per acre) land uses. The Planning and Zoning Code (Los Angeles Municipal Code [LAMC], Chapter 1), zones all but 9.3 acres of the Project Site Rl-lXL (One-Family Zone, Extra Limited Height District No. 1). Single-family dwellings, among other specified land uses, are permitted within the Rl zone. The Extra Limited Height District No. 1 limits the height of buildings to two stories or 30 feet. The remaining 9.3 acres of the site is zoned and designated Open Space. If a Zone Change and General Plan Amendment were approved to remove the 9.3 acres of Open Space zoning from the Project Site. the land use and zoning designations of the Project Site would permit up to 429 single-family homes. In addition, if a single-family project were to include below-market (moderate, low, and very-low income units), a potential density bonus of 35 percent under the City's existing rules and regulations, or 579 single-family units, might be developed on the Project Site. Because of the significant site acquisition and site preparation costs related to the Project, the Applicant indicates that it is unlikely that a single-family project with below-market units would be developed. Under City of Los Angeles zoning criteria, Rl zoning requires that each lot have a minimum area of 5,000 square feet, a minimum width of 50 feet, front yards of not less than 20 percent of the depth of the lot, and rear yards of not less than 15 feet, with resulting dwelling unit densities of approximately six units per acre (taking streets into account). Due to high land prices in infill locations within the City of Los Angeles, fewer and fewer new subdivisions are being developed in accordance with Rl zoning. Instead, homebuilders seeking to develop single-family homes in infill locations routinely propose homes on smaller lots at significantly higher densities. In addition, the requirement to incorporate a seismic setback zone across the site, described in Section IV.F, Geology and Soils, would eliminate approximately 44 potential lots from a single- family residential site plan, reducing the total number of potential home lots from 429 to 385. While infill housing in areas like the Project Site is not typically being developed in accordance with traditional Rl zoning criteria, for the purpose of eomplying \s,rith SeetioR 15126.6(e)(2) of the CEQA Guidelines, this alternatives analysis assumes that, under Alternative B, the Project Site would be developed as a single-family home project in accordance with Rl zoning with approximately 3 85 single-family homes and that a Zone Change and General Plan Amendment would be approved to remove the current Open Space zoning/land use designation from the northerly 9.3 acres of the site. A conceptual site plan for Alternative Bis shown in Figure VI-1. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses PagelllA-33 5-66 City of Los Angeles June 2013 The number of homes in Alternative B is below the maximum density that could be developed vlithout a General Plan amendment or rezoning under the Rl zoning in order to provide a street and lot plan consistent with a move-up/high-end home plan as well as to, as described above, incorporate the required seismic setback zone. The development would be designed to be consistent with all e~dsting planning and zoning requirements. All of the homes under Alternative B would be developed for sale at market rates. Due to the same significant site acquisition and site preparation costs discussed previously, the Project Applicant indicates that it would be necessary to develop the Project Site with the maximum reasonable number of move-up/high-end single-family homes at the highest supportable prices in the market area (Los Angeles/Wilmington-Harbor City/San Pedro) that could be achieved. The Project Applicant estimates that such homes would range between 2,000 and 3,000 square feet and would need to sell for an average price of $1 million. Given the current housing market and state of the local and regional economy, there is uncertainty that such prices could be realized. However. retaining the existing 9.3 acres of zoned Open Space on the site under Alternative B would eliminate approximately 81 additional single-family home lots from the site plan, which would likely make the alternative development economically infeasible to develop. For this reason, Alternative B proposes to eliminate the 9.3 acres of Open Space zoning from the Project Site. The title of Figure VI-1 has been revised to read as follows (see also Section IV, Corrections and Additions to the Draft EIR): Conceptual Site Plan-Alternative B (No Projeet ,AJternativ:e/Single-Family Homes) The following revisions have been made to the text on page VI-13 of the Draft EIR under the "Public Park/Open Space" subheading (see also Section IV, Corrections and Additions to the Draft EIR): No public park would be developed. The existing 9.3 acres of zoned Open Space on-site would be eliminated through a Zone Change and General Plan Amendment process in order to allow for development of a sufficient number of single-family homes to render the site plan economically feasible. Although community open space and private park area would be located along the seismic setback zone crossing the center of the Site, the total amount of open space associated with Alternative B would be less than that associated with the Proposed Project due to the elimination of the public park component and existing zoned Open Space. The following revisions have been made to the text on pages VI-70 and VI-71 of the Draft EIR under the "Impacts of Alternative B" subheading (see also Section IV, Corrections and Additions to the Draft EIR): Contrary to the Proposed Project, Alternative B would be dev:eloped eonsistent with existing planning and zoning designations for the Project Site require a Zone Change and a General Plan Amendment to re-designate the existing 9.3 acres of Open Space on-site to Rl-lXL and Low Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-34 5-67 City of Los Angeles June 2013 Density Residential to match the remainder of the site's existing zoning and land use designation. Lots for the 385 single-family homes would be created through the processing and recordation of a tentative tract map. Alternative B would contribute fewer additional housing units to meet area housing needs than the Project. In addition, it is expected that the sales price of homes developed pursuant to Alternative B would average approximately $1,000,000. Thus, Alternative B would provide housing for only the most affluent segment of the housing market, rather than for a broad range of potential buyers and renters. Although it would contribute additional single-family housing, Alternative B would not implement recommended air quality and regional planning strategies to increase the density of infill housing so as to reduce urban sprawl impacts on natural resources, reduce air quality emissions due to VMT for commuting purposes, and to reduce regional congestion through VMT reduction. Alternative B would fail to promote further attainment of many City and regional planning objectives and would be either inconsistent or less consistent than the Proposed Project with several of the policies contained in the General Plan, particularly those relating to the provision of a range of housing opportunities and the promotion of higher densities in locations proximate to centers of employment and transit. Alternative B would not set aside and dedicate a 2.8-acre public park as proposed by the Project. In addition, the access road across the southern portion of the Project Site connecting Western A venue to the Mary Star of the Sea High School campus would not be provided under this alternative, creating a potential land use incompatibility with the school that did not previously exist by forcing school traffic to pass through an existing single-family residential neighborhood (Taper Avenue). In summary, impacts would be less than significant but, on balance, slightly greater than those associated with the Proposed Project. The following revisions have been made to the text on pages VI-103 of the Draft EIR under the "Impacts of Alternative B" subheading (see also Section IV, Corrections and Additions to the Draft EIR): Alternative B represents development under the e~tisting R 1 entitlemeat fer the Prajeet Site Rl- lXL zoning and a Low Medium Residential land use designation. Under this entitlement With approval of these entitlements, a total of 385 single-family homes could be constructed on the Project Site. The vehicular access associated with Alternative B is assumed to be consistent with the access scheme currently planned for the Proposed Project. The heading of Table VI-19 beginning on page VI-133 of the Draft EIR has been revised as follows (see also Section IV, Corrections and Additions to the Draft EIR): Alternative B: Na PFajeet ,AJ.teFBative/ExistiBg Zoning (Single-Family Homes) The following revisions have been made to the text on pages VI-146 and VI-147 of the Draft EIR under the "Alternative B" subheading (see also Section IV, Corrections and Additions to the Draft EIR): Alternative B would redevelop the Project Site with approximately 385 single-family homes, consistent with existing zoning regulations governing the site Rl-lXL zoning and the Low Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page l//.A-35 5-68 City of Los Angeles June 2013 Medium Residential land use designation. As discussed at the start of this section, beeause Alternative B would ft0t require a General Plan Amendment eF and Zone Change to eliminate the existing Open Space zoning and land use designation from the northerly 9 .3 acres of the site in order to be implemented, it is also eonsidered to represent a "No Projeet" alternative, even though it would result in redevelopment of the site. Existing Zoning Alternative Site Plan . In addition to pointing out the errors in the Draft EIR with respect to Alternative B (discussed above), several commenters have also requested that an evaluation of an alternative site plan that is fully consistent with the Project Site's existing zoning and General Plan land use designations be added to the Draft EIR. Commenters have also requested that such an alternative site plan include the same public access roa.dway to Mary Star of the Sea High School that is proposed under the Project and under Alternatives C and D in the Draft EIR. Commenters have also requested that this alternative site plan contain full-sized single-family home lots consistent with Rl zoning (5,000 square feet or 50 feet by 100 feet). Under these design constraints, a conceptual site plan was developed that would result in development of 169 single-family homes at the Project Site. This plan would also incorporate the required seismic setback zone across the center of the site and would include two recreation centers as well as landscaped common area. The northernmost 9.3 acres of the Project Site would remain as open space, consistent with the current zoning and land use designation of this portion of the property. This area could be developed to some extent with park and recreation facilities for the use of the general public, although its configuration and topography would likely limit its suitability for dedication to the City as a neighborhood park. A conceptual site plan for this "Existing Zoning" alternative was developed and is shown in Figure III.A-1. As discussed at the start of this topical response, under CEQA, alternatives to a project that are evaluated in a Draft EIR must be feasible to develop and must achieve a majority of the project's objectives. They should also be capable of either avoiding or substantially reducing the project's unmitigated significant impacts. Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page llIA-36 5-69 ~ < ~ ~ ~ ~ f:J ~ Source: Robert Hidey Architects, 02/27/2013. CAJA Environmental Services, LLC PRODUCT TYPE # OF UNITS (DU) co 0 320 ----160 ~ Scale (Feet) Figure 111.A-1 Existing Zoning Alternative Conceptual Site Plan 5-70 City of Los Angeles June 2013 Comparison to Project Objectives With respect to being able to achieve most of the Project's objectives, the 169 single-family home "Existing Zoning" alternative site plan would achieve seven of the Project objectives, although some would be achieved to a substantially lesser extent than with the Proposed Project. The "Existing Zoning" alternative site plan would remove the existing buildings on the Project Site; provide new housing on unutilized land that would contribute to meeting the projected 2017 housing need in the area; provide a project that would invigorate the local economy; mitigate its environmental impacts to the extent feasible; provide substantial common open space along the site's northern boundary as well as two recreation centers for the use of residents, and provide a high-quality development. The "Existing Zoning" site plan would not provide new housing to meet the housing needs of a broad spectrum of persons desiring to live in the San Pedro community due to the economic imperative to develop high-end, large-lot single-family homes having a price well above the median for the region. While development of this "Existing Zoning" site plan would fiscally benefit the City, it would likely do so to a significantly lesser degree than the Proposed Project due to the reduced number of homes, even though the tax assessments would most likely be greater on a per unit average basis. Similarly, the "Existing Zoning" alternative site plan would not contribute to meeting the anticipated need for housing in the San Pedro area to the same degree as the Proposed Project due to the reduced number of homes that would be developed and the prices they would likely command. Comparison to Project Impacts The "Existing Zoning" alternative site plan would generally result in fewer impacts than the original Proposed Project or Alternatives B, C, and D in the Draft EIR (note that Alternative C, the reduced density alternative, is now the Applicant's preferred project), primarily due to the fewer number of homes that would be developed at the site. Impacts that would result from development of the "Existing Zoning" alternative site plan are summarized as follows: • Aesthetics: The "Existing Zoning" site plan would have similar impacts with respect to visual character and views as the Proposed Project, although the development on the site itself would be of a lower scale and height. The existing visual character of the site would largely be retained, albeit with greater density and replacing abandoned structures with a well-maintained residential development. The northern slope of the property would not be developed but would instead be preserved as open space, thus lessening the overall developed footprint on-site in comparison to the Proposed Project or Alternatives B, C, and D. Building heights on the Project Site would be lower, which would reduce the prominence of the homes on the site as compared to the taller multi-family residential buildings of the Project when viewed from off-site locations. Overall impacts on views and visual character under this alternative would be less than significant and less than with the Proposed Project. Light and glare impacts would be reduced in comparison to the Proposed Project due to the elimination of the public park and open space lighting as well as Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-38 5-71 City of Los Angeles June 2013 the lower building heights of the single-family homes. Similar to the Project, no shade/shadow impacts would occur. • Air Quality: Compared to the Project, the "Existing Zoning" site plan would involve the construction of a smaller development and thus the duration and total construction-related air quality emissions would be reduced. However, it is assumed that the maximum daily emissions for the demolition, site preparation, grading and building construction phases would be similar to the Project. Furthermore, it is expected that the same mitigation measures included for the Project would also be required and implemented. As such, and similar to the Project, regional and localized construction emissions would be reduced to less than significant levels with the implementation of Mitigation Measures AQ-1 through AQ-3. The "Existing Zoning" site plan is expected to generate 1,638 trips during a typical weekday, representing an approximate 72 pe:r;cent reduction compared to the Project. Motor vehicle trips are the primary source of daily operational emissions. Because the "Existing Zoning" alternative would generate fewer vehicle trips than the Project, it would also generate fewer average daily emissions. Modeled operational emissions associated with the "Existing Zoning" site plan (2017 Buildout) would not exceed the established SCAQMD threshold levels for any criteria pollutant. Thus, the "Existing Zoning" site plan would eliminate the Project's (2017 Buildout) ROG and NOx significant and unavoidable impacts. Additionally, localized CO impacts would also be reduced compared to the Project. Because the Project's localized CO impacts at studied intersections under all scenarios resulted in less than significant impacts, it can be deduced that the "Existing Zoning" alternative would also result in less than significant CO impacts because it would involve substantially fewer vehicle trips. As such, localized CO impacts would be considered less than significant and reduced when compared to the Project. • Biological Resources: The "Existing Zoning" alternative would avoid the Project's less than significant impacts to the degraded CSS habitat on the previously graded northern slope of the property by removing this part of the site from the development footprint. However, this slope would not be revegetated and replaced with more extensive and higher functioning CSS habitat as would be the case with the Project. Thus, although impacts to CSS habitat and the CAGN and PVB would be less than significant, the Project's beneficial impact would not be realized. Potential impacts on nesting birds would be similar to the Project. Similarly, potential impacts to roosting bats would be similar to those associated with the Project. Similar to the Project, the existing drainage channel crossing the southern portion of the site would be replaced and covered. Due to the need to fully develop the property to maximize the number of single-family homes, no opportunity to re-create riparian habitat along the channel would exist. Impacts would be significant before mitigation and similar to those of the Proposed Project. As with the Project, no substantial impediment to wildlife movement or gene flow could occur and the impact would be less than significant and equivalent to the Project. Most of the 330 trees on the Project Site would be removed, with the exception of those within the northerly 9.3 acres of the site. However, due to site plan constraints, a substantially fewer number of new trees would be planted Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-39 5-72 City of Los Angeles June 2013 (approximately 428 net new trees) as compared to the Proposed Project. Nonetheless, impacts to trees, including protected trees, would be less than significant, and slightly less than with the Proposed Project. As with the Project, the "Existing Zoning" alternative would not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policies or ordinances. Thus, no impact would occur. • Cultural Resources: Potential archeological and paleontological resources impacts .associated with the "Existing Zoning" alternative site plan would be largely the same as the Proposed Project and would be potentially significant. Therefore, the Compliance Measure and mitigation similar to Mitigation Measures CULT-I through CULT-9 would be required in order to reduce potential impacts to a less than significant level. Any potential impacts along the northerly 9.3 acres would be avoided. • Geology and Soils: The "Existing Zoning" site plan incorporates the required seismic setback zone through the central portion of the Project Site and would thus be in compliance with applicable City engineering requirements and would be similar to Alternative C, the current Proposed Project. Otherwise, potential geology and soils impacts would be virtually the same as the Proposed Project, although impacts along the northern slope of the site would largely be avoided. Measures similar to the Compliance Measures for the Project would reduce these impacts, although they would be less than significant. • Greenhouse Gas Emissions: Compared to the Project, the "Existing Zoning" alternative site plan would involve the construction of a smaller development and thus the duration and total construction-related GHG emissions would be reduced. Furthermore, it is expected that the same mitigation measures included for the Project would also be required and implemented to reduce construction-related GHG emissions to the maximum extent feasible. The "Existing Zoning" alternative is expected to generate 1,638 trips during a typical weekday, representing an approximate 72 percent reduction compared to the Project. Motor vehicle trips are the primary source of daily operational GHG emissions. Because fewer vehicle trips would be generated than the Project, fewer average daily GHG emissions would be generated. Furthermore, as a substantially smaller development would be constructed, fewer operational GHG emissions would be generated from on-site sources and energy consumption. Specifically, it is estimated that the operation of the "Existing Zoning" alternative would generate approximately 3,496 C02e MTY assuming the same general sustainability measures outlined in MM AQ-4 for the Project would be implemented under this alternative. This represents an approximate 70 percent reduction compared to the Project. Similar to the Project, the "Existing Zoning" alternative would be consistent with all feasible and applicable strategies to reduce greenhouse gas emissions in California and the City of Los Angeles. As such, it would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Thus, GHG impacts would be considered less than significant and reduced compared to the Project. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-40 5-73 City of Los Angeles June 2013 • Hazards and Hazardous Materials: As with the Project, the "Existing Zoning" alternative site plan would entail demolition of all existing structures and improvements, excavation and grading, and construction of new buildings, improvements, utilities, and landscaping. Implementation of Mitigation Measure HAZ-1 would therefore be required to ensure that petroleum-impacted soils are characterized during Project excavation and grading activities and are either remediated on- site or, if necessary, transported to an appropriate facility for disposal, thus reducing the impact to a less than significant level, equivalent to the Project. Similarly, implementation of Mitigation Measures HAZ-2 and HAZ-3 would be required to insure that ACMs and LBP in the existing on- site structures are properly abated and that potential risks from ACMs and LBP are reduced to a less than significant level, equivalent to the Project. DPM emissions generated during construction would be reduced in duration compared to the Project due to the anticipated shorter construction period; however, estimated daily emissions would be comparable to those of the Prnject and would be less than significant. The types of hazardous materials associated with routine, day-to-day operation would be expected to be comparable to those associated with the Project. Nonetheless, the transport, use, and disposal of these materials would not be expected to pose a significant hazard to the public or the environment and impacts would be less than significant. The risk of upset potential associated with separation distances between the site and the ConocoPhillips Refinery, DFSP, and Rancho LPG facilities would be virtually the same as with the Project, and therefore less than significant. The human health risk associated with emissions from these off-site facilities would also be identical to the Project, and therefore less than significant. Because fewer residents would be present at the site (approximately 458 persons, or a 79 percent reduction compared to the Project), any emergency response plan for the site would need to consider and manage a fewer number of residents. In summary, overall impacts related to hazards and hazardous materials would be less than significant with mitigation and less than the Project. • Hydrology and Water Quality: Unlike the Project, the "Existing Zoning" alternative would not redevelop the entire site, but would leave the northernmost 9.3 acres as under existing, undeveloped conditions. Under future conditions, general drainage patterns on the site would remain substantially the same as under existing conditions, although the existing open drainage channel crossing the southern portion of the site would be undergrounded and covered in approximately its existing location, as with the current Proposed Project (Draft EIR Alternative C). As with the Project, a new internal storm drainage system would be installed within the residential on-site street system and would connect to the County/City storm drainage facility at the southern edge of the property. The amount of stormwater runoff generated at the site would be slightly less than that associated with the Project due to the avoidance of any impervious surface area in the northerly 9.3 acres. Thus, this alternative would not have an adverse impact with respect to storm drain capacity and no mitigation measures would be required. Similarly, the development would have a less than significant impact on storm drainage infrastructure and flooding resulting from the alteration of existing drainage patterns and the increase in overall site imperviousness. Impacts would be less than significant and slightly less than the Proposed Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page //lA-41 5-74 City of Los Angeles June 2013 Project. Impacts associated with the amount of runoff contributed to the Harbor and the movement of surface water would be less than significant and slightly less than the Proposed Project. Impacts associated with flooding, including the very slight risk of flooding resulting from the complete, instantaneous failure of the Palos Verdes Reservoir, would be less than significant and less than with the Project due to the fewer number of future residents to be located on the site. Water quality impacts would be less than significant and similar to those of the Project. • Land Use and Planning: Contrary to the Proposed Project, the "Existing Zoning" alternative would be developed consistent with existing planning and zoning designations for the Project Site. Lots for the 169 single-family homes would be created through the processing and recordation of a tentative tract map. This alternative would contribute fewer additional housing units to meet area housing needs than the Project. In addition, in order for this alternative to avoid a financial loss for the Applicant, a top line sales price of $1.57 million for homes developed under the existing zoning would need to be achieved.23 Thus, the "Existing Zoning" alternative would provide housing for only the most affluent segment of the housing market, rather than for a broad range of potential buyers and renters. Although it would contribute additional single-family housing, this alternative would not implement recommended air quality and regional planning strategies to increase the density of infill housing so as to reduce urban sprawl impacts on natural resources, reduce air quality emissions due to VMT for commuting purposes, and to reduce regional congestion through VMT reduction. The "Existing Zoning" alternative would fail to promote further attainment of many City and regional planning objectives and would be either inconsistent or less consistent than the Proposed Project with several of the policies contained in the General Plan, particularly those relating to the provision of a range of housing opportunities. In summary, impacts would be less than significant but, on balance, slightly greater than those associated with the Proposed Project. • Noise: Given the size and location of the site, the requirement to demolish existing improvements, and the need to re-engineer and grade existing soils, redevelopment of the site under virtually any development scenario would result in significant temporary construction noise and vibration (human annoyance) impacts to the identified sensitive receptors. Similar to the Project, it is expected that the "Existing Zoning" alternative would include mitigation comparable to the Project's Mitigation Measure's N0-1 through N0-11 aimed at reducing construction related noise and vibration to the maximum extent feasible. Nevertheless, construction-related noise and vibration impacts would be significant although reduced compared to the Project due to the shorter anticipated construction period. Stationary noise impacts associated with HV AC systems would be less than significant and reduced compared to the Project. Because the 23 The Concord Group, "Economic Feasibility Analysis Relative to the Development of the Ponte Vista Property, San Pedro, CA", Final Report, June 18, 2013, p. 2. Ponte Vista Project III.A. Responses to Comments -Topical Responses Page IllA-42 Final Environmental Impact Report 5-75 City of Los Angeles June 2013 "Existing Zoning" alternative would result in fewer daily vehicle trips than the Project, off-site roadway noise impacts would also be less than significant and reduced compared to the Project. As with the Proposed Project, this alternative would result in generally unacceptable exterior noise levels for the proposed residential and open space uses fronting Western A venue on the Project Site. Compared to the Project, fewer residences would be placed in the generally unacceptable ambient noise level areas. This significant and unavoidable impact would be essentially equivalent to the Project, although fewer residences would be impacted. • Population and Housing: As with the Proposed Project, no construction-related housing impacts would be anticipated under the "Existing Zoning" alternative. The direct impact would be 169 single-family detached housing units. Including indirect/induced households, the total households/housing unit impact at the Subregion level would be 252 households/housing units. Within the Wilmington-Harbor City Community Plan area, the "Existing Zoning" alternative would represent about 14 percent of 2010-2017 household growth; and about six percent of 2010- 2027 household growth. Therefore, like the Project, this alternative would not induce substantial housing growth, because it would meet a portion of forecasted housing need rather than exceed the housing growth forecast for the City of Los Angeles Subregion. The housing impact would be less than significant and less than the Proposed Project. The "Existing Zoning" alternative would achieve some of the Project's housing objectives, although to a substantially lesser extent than with the Proposed Project, as discussed previously. The "Existing Zoning" alternative would accommodate a population of 458 and would generate Subregion-level indirect/induced population impact of 159 persons for a total Project population impact of 617 persons. This alternative's direct plus indirect/induced population would represent about 21 percent of 2010- 2017 population growth; and about nine percent of 2010-2027 population growth within the Wilmington-Harbor City Community Plan Area. Therefore, like the Project, this alternative would not induce substantial population growth, because it would accommodate a portion of forecasted population rather than exceed the population growth forecast for the City of Los Angeles Subregion and Wilmington-Harbor City Community Plan area. Therefore, the population impact would be less than significant and less than the Proposed Project. • Public Services -Fire Protection: Fire protection service demands would generally be less than for the Project due to the fewer number of residences to be constructed at the site. The proposed plot plan for would be subject to LAFD review for compliance with applicable Los Angeles Fire Code, California Fire Code, City of Los Angeles Building Code, and National Fire Protection Association standards, thereby ensuring that this alternative would not create a fire hazard. For the above reasons, impacts related to fire services and emergency access would be less than significant and less than the Project. • Public Services -Police Protection: Police protection service demands would be generally less than for the Project due to the fewer number of residences to be constructed at the site. Therefore, impacts to LAPD services and response times would be somewhat less than under the Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-43 5-76 City of Los Angeles June 2013 Proposed Project, given the reduced amount of overall development and, as with the Project's impacts, would be less than significant. • Public Services -Schools: The "Existing Zoning" alternative site plan would generate approximately 29 elementary school students, 13 middle school students, and 17 high school students at any one time. As compared to the Project, this alternative would generate 77 fewer elementary school students, 39 fewer middle school students, and 47 fewer high school students, which would generally create less of a demand for school services than the Project. Single-family homes typically generate a greater number of students on a per/home basis than do multi-family and rental dwelling units. With the addition of these students to existing school enrollments utilized in the Draft EIR, Taper Elementary School would operate under capacity by 195 stu'dents, Dodson Middle School would operate under capacity by 377 students, and Narbonne High School would operate under capacity by 210 students. Similar to the Proposed Project, new development under this alternative would be required to pay School Fees as a Compliance Measure. These fees would be used to construct facilities, which according to LAUSD, are necessary to serve overall student enrollment growth district-wide associated with new development, and are deemed to mitigate CEQA school impacts by State law. Therefore, impacts to LAUSD services would be less than significant and less than under the Proposed Project, given the reduced amount of overall development. • Public Services -Parks and Recreation: The "Existing Zoning" alternative would include 9.3 acres of undeveloped, common open space area along the site's northern boundary. This area could be developed with publicly accessible recreational facilities to some extent, although the configuration of this area and its comparatively steeply sloping topography would likely render it unsuitable for use as a dedicated neighborhood park. Nonetheless, this area would provide additional public open space on the Project Site and would represent a significant increase compared to what would be available under the Proposed Project. In addition, this alternative would include two recreation centers for the use of residents, as well as additional landscaped open space and common areas scattered throughout the Site. The "Existing Zoning" alternative would represent a substantial increase in the amount of public open space available when compared to the Proposed Project. This open space area, coupled with the proposed recreation centers on-site, would provide more than enough acreage to satisfy the parkland goals for the population generated by development of this alternative. Thus, impacts on parks and recreation would be less than significant and less than those of the Proposed Project. • Public Services -Libraries: The "Existing Zoning" alternative would result in a smaller impact to library services than the Proposed Project, as it would accommodate fewer residents. Thus, impacts on library services would be less than significant and less than those of the Proposed Project. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page Il/.A-44 5-77 City of Los Angeles June 2013 • Transportation and Traffic: Development of the "Existing Zoning" alternative site plan would generate substantially less traffic at the Project Site following completion and full occupancy. Specifically, this alternative would be expected to generate 32 inbound and 95 outbound trips during the weekday AM peak hour, and 108 inbound and 64 outbound trips during the weekday PM peak hour. Over a 24-hour period, this alternative is forecast to generate a total of 1,638 trips during a typical weekday. Compared to the Project's forecast 5,788 weekday trips (Draft EIR Alternative C), the "Existing Zoning" alternative would generate 72 percent fewer daily total trips. The alternative would create significant traffic impacts at five of the study intersections, as compared to 16 under the Proposed Project (Draft EIR Alternative C). As with the Project, all of the significant impacts that would be produced could be mitigated to a less than significant level via the implementation of the traffic mitigations identified in the Draft EIR. Thus, traffic impacts would be less than significant with mitigation and substantially less than those of the Proposed Project. • Utilities and Service Systems -Water: The "Existing Zoning" alternative site plan would result in an increase in water consumption within the LAD WP' s service jurisdiction due to the construction of 169 single-family homes and would generate a demand for approximately 43.57 AFY of water (approximately 38,870 gpd). This amounts to approximately 126 AFY less water than the Project. Because LADWP has determined that adequate water supplies would be available to serve the Project, it is reasonably inferred that the same would be true with respect to the reduced demand for water under this alternative. Thus, as with the Proposed Project, the alternative would result in a less than significant impact to water supplies, and less than the Project. • Utilities and Service Systems -Wastewater: Wastewater would be generated at the Project Site by long-term operation of the single-family residential units. The "Existing Zoning" alternative would generate approximately 38,870 gpd of wastewater. This amounts to approximately 124,650 fewer gpd than the Project. Because sufficient wastewater treatment capacity at the TIWRP exists for the larger Project wastewater generation, it can therefore be reasonably concluded that sufficient treatment capacity for the reduced demand under this alternative would also be available. Therefore, impacts would be less than those under the Project and, as with the Project, would be less than significant. Similarly, given that the total amount of wastewater generated by this alternative would be less than the Project, impacts with regard to wastewater conveyance would be less than significant and less than the impacts under the Project. • Utilities and Service Systems -Solid Waste: The amount of solid waste generated during demolition and site preparation would be approximately the same as that generated by the Proposed Project during the same stages of construction. Solid waste generated during home construction under the "Existing Zoning" alternative would be less than that associated with the construction of the Proposed Project due to the reduced total square footage to be developed. As such, and similar to the Project, the landfills would have adequate capacity to accommodate the Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page IllA-45 5-78 City of Los Angeles June 2013 average daily construction waste generated over the multi-year construction period, and construction-related solid waste impacts would be less than significant. This alternative would generate approximately 1.03 tons (2,067 pounds) of solid waste per day during its operation, assuming a minimum 30 percent solid waste diversion rate (or 1.47 tons per day less than the Project). The remaining combined daily intake of the Sunshine Canyon Landfill and the Chiquita Canyon Landfill is 7 ,329 tons per day. As such, they would have adequate capacity to accommodate the daily operational waste generated by this alternative. Operational solid waste impacts would be less than significant and less than with the Proposed Project. • Utilities and Service Systems -Energy: Similar to the Proposed Project, the "Existing Zoning" alternative would require a line extension from the existing off-site lines to the premises, on-site transformation facilities, and conduit and cable throughout the property to provide electricity to the Project Site. The alternative itself would not require new (off-site) energy supply facilities and distribution infrastructure. The conservatively estimated Alternative-related annual electricity consumption of 950,879 kWh/year would represent a reduction of approximately 3,519,116 kWh/year when compared to the Proposed Project. Therefore, it is anticipated that LADWP's existing and planned electricity capacity and electricity supplies would be sufficient to support the alternative's electricity consumption. Less demand for natural gas would be created by this alternative as compared to the Proposed Project. The alternative is forecast to increase natural gas consumption by approximately 1.13 million cubic feet per month, which would be approximately 2.26 million cubic feet per month less than the Proposed Project. Similar to the Proposed Project, impacts related to natural gas would be less than significant and less than those associated with the Proposed Project. To summarize the impacts of the "Existing Zoning" alternative site plan in comparison to those of the Proposed Project (Alternative C in the Draft EIR), this alternative has the potential to reduce or avoid the following significant impacts: • Regional operational air emissions • Project-related traffic impacts at intersections within the Project area The "Existing Zoning" alternative would not have the potential to reduce or avoid the Proposed Project's potential impacts involving regional and local construction-associated air emissions, potential impacts on nesting birds and/or roosting bats during construction, impacts to jurisdictional resources on-site, potential impacts to archaeological and/or paleontological resources, potential impacts relating to hydrocarbon-impacted soils, disturbance of asbestos-containing materials (ACMs) and lead-based paint (LBP) that are present in the existing abandoned structures on-site, construction-related noise and groundborne vibration, exterior noise at homes fronting Western A venue, and potential traffic impacts associated with the installation of water service infrastructure. Other impacts associated with the Project, Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-46 5-79 City of Los Angeles June 2013 although less than significant, would be substantially reduced under this alternative due to the fewer number of residences that would be developed on-site. Feasibility As discussed at the start of this topical response, under CEQA, alternatives to a project that are evaluated in a Draft EIR must be feasible to develop. With respect to the "Existing Zoning" alternative site plan that has been requested by numerous commenters on the Draft EIR, nothing would physically prevent the aJternative from being developed at the Project Site. Therefore, the determination of its feasibility is limited to its ability to produce a positive return on investment to the Applicant. In order to evaluate the economic feasibility of the "Existing Zoning" alternative, a study was prepared by The Concord Group (attached as Appendix B) in June 2013. The study concludes that the "Existing Zoning" alternative (Alternative 1 in the Concord Group report) would be economically infeasible to develop due to the substantial ievel of fixed costs associated with infrastructure and land that remain largely the same irrespective of the total number of lots developed at the site.24 The "Existing Zoning" alternative could only become economically feasible (e.g., avoid an economic loss for the Applicant) if it could achieve a top line home sale price of $1.57 million ($525 per square foot of home), a level that is currently unsupported in the market. The nearest new home project, Harbor Highlands, generates an average home price of $554,000 ($300 per square foot) for a small-lot detached home. Nearby resales in Rancho Palos Verdes, across Western Avenue from the Project Site, generate an average sale price of $721,000. In light of the comparables proximate to Ponte Vista, any development at the Project Site would not support home values in excess of $1 million.25 Given the realities of the current residential real estate market, development of the "Existing Zoning" alternative at the Project Site would result in a loss of approximately $87 million. Conclusions CEQA requires that a Draft EIR identify an "environmentally superior alternative". Section VI.D of the Draft EIR contains this discussion and concludes that Alternative C (the reduced density alternative that now represents the Applicant's preferred project) is the environmentally superior alternative among the development alternatives that were evaluated. Although the "Existing Zoning" alternative discussed in this topical response was not included in the Draft EIR, it would, as discussed above, substantially reduce many of the Project's less than significant impacts and would avoid the Project's significant, unmitigated operational air quality impact and reduce the Project's significant but mitigated traffic impacts. Thus, an argument could be advanced that the "Existing Zoning" alternative could be the environmentally superior alternative. However, as noted previously, CEQA requires that the range of alternatives evaluated in a Draft EIR be feasible to develop. As has been shown above, the "Existing Zoning" alternative would not be economically feasible to develop at the Project Site. 24 Ibid. 25 Ibid. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IJJ.A-47 5-80 City of Los Angeles June 2013 Because the "Existing Zoning" alternative is economically infeasible, therefore, it is not the environmentally superior alternative and will not be added to the EIR. Instead, the text on page VI-5 of the Draft EIR, under the heading "Alternatives Considered But Rejected From Further Consideration" has been revised as follows: Alternatives that clearly would not be financially feasible to develop and market (considering such factors as the cost of site acquisition and the costs to plan, permit, and develop the project), such as public parks, were not considered. Included among such alternatives is development of the Project Site under the existing zoning and General Plan land use designations, which would retain 9.3 acres of the site as undeveloped open space and develop the remainder with 169 5,000 square foot single-family home lots consistent with the Rl-lXL zoning. Such an alternative has been determined to be economically infeasible to develop at the Project Site. However, an altrniative that would develop the site exclusively with single-family homes is discussed and evaluated below as Alternative B. Mixed Use Alternative Site Plan Several commenters have also requested that an evaluation of a mixed-use residential/commercial alternative site plan be added to the Draft EIR. Commenters have also requested that such an alternative site plan include the same public access roadway to Mary Star of the Sea High School that is proposed under the Project and under Alternatives C and D in the Draft EIR. Commenters have also requested that this alternative site plan contain neighborhood-serving retail space, limited office space intended to serve future Project residents, a six-acre public neighborhood park, and space for development of a neighborhood branch library. Under these design constraints, a conceptual site plan was developed that consists of 477 residential units in a mix of housing product types ranging from single-family homes to townhomes and flats. A total of 181 single-family homes and 296 condominium units could be developed under this alternative. In addition, 5,000 square feet of office space, 20,000 square feet of retail/commercial space, and a site for a 20,000 square foot public library, as well as a 6-acre central neighborhood park, are included in this alternative. This alternative would provide public access across the site to Mary Star of the Sea High School from Western A venue. This plan would also incorporate the required seismic setback zone across the center of the site and would include a central recreation center as well as landscaped common area. A conceptual site plan for this "Mixed Use" alternative was developed and is shown in Figure III.A-2. As discussed at the start of this topical response, under CEQA, alternatives to a project that are evaluated in a Draft EIR must be feasible to develop and must achieve a majority of the project's objectives. They should also be capable of either avoiding or substantially reducing the project's unmitigated significant impacts. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIJ.A-48 5-81 /./J ~ ~ "l:' &1 4J I f.,.:. f:J ~ Source: Robert Hidey Architects, 02/27/2013. CAJA Environmental Services, LLC PRODUCT TYPE # OF UNITS (DU) PRODUCT 1 62 PRODUCT 2 60 . PRODUCT 3 59 PRODUCT 4 296 NON-RESIDENTIAL PRODUCT PRODUCT 7/8 I MAIN RECREATION AREA (6,732 SF) PRODUCT 9 PRODUCT 10 PRODUCT 11 SECONDARY RECREATION ARE (1,415 SF) OFFICE BUILDING (5,000 SF) RETAIL I COMMERCIAL (20,000 SF) LIBRARY BUILDING (20,000 SF) 0 liiiiiiiiiii co 160 Scale (Feet) 320 Figure 111.A-2 Mixed Use Alternative Conceptual Site Plan 5-82 City of Los Angeles June 2013 Comparison to Project Objectives With respect to being able to achieve most of the Project's objectives, the "Mixed Use" alternative site plan would achieve each of the Project objectives, although some would be achieved to a substantially lesser extent than with the Proposed Project. The "Mixed Use" alternative site plan would remove the existing buildings on the Project Site; provide new housing on unutilized land that would contribute to meeting the projected 2017 housing need in the area; provide a project that would invigorate the local economy; mitigate its environmental impacts to the extent feasible; provide substantial common open space and park area as well as a recreation center for the use of residents; and provide a high-quality development. The "Mixed Use" site plan would provide new housing to meet the housing needs of a broad spectrum of persons desiring to live in the San Pedro community but to a lesser degree than the Project due to the fewer number of units and housing product types to be developed. While development of this "Mixed Use" site plan would fiscally benefit the City, it would likely do so to a significantly lesser degree than the Proposed Project due to the reduced number of homes. Similarly, the "Mixed Use" alternative site plan would not contribute to meeting the anticipated need for housing in the San Pedro area to the same degree as the Proposed Project due to the reduced number of homes that would be developed. Comparison to Project Impacts The "Mixed Use" alternative site plan would generally result in similar impacts as the Proposed Project, with the differences primarily due to the fewer number of homes that would be developed at the site and/or the addition of commercial/retail and public library and park uses. Impacts that would result from development of the "Mixed Use" alternative site plan are summarized as follows: • Aesthetics: The "Mixed Use" site plan would have similar impacts with respect to visual character and views as the Proposed Project, although the development on the site itself would be of a lower scale and height. The existing visual character of the site would largely be retained, albeit with greater density and replacing abandoned structures with a well-maintained residential development. Building heights on the Project Site would be lower due to the replacement of the apartments along the site's southern border with two-story townhomes, which would reduce the prominence of the homes on the site as compared to the taller multi-family residential buildings of the Project when viewed from off-site locations. Overall impacts on views and visual character under this alternative would be less than significant and marginally less than with the Proposed Project. However, light and glare impacts would be somewhat increased in comparison to the Proposed Project due to outdoor lighting for the six-acre public park and exterior lighting at the library and commercial/retail and office buildings. The location of the park, however, would be separated from the existing off-site residences to the south, thus ameliorating the potential impact. In addition, mitigation would be applied to restrict lighting hours to protect adjacent on- Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-50 5-83 City of Los Angeles June 2013 site residences, ensuring that the impact would be less than significant. Similar to the Project, no shade/shadow impacts would occur. • Air Quality: Compared to the Project, the "Mixed Use" site plan would involve the construction of a smaller development and thus the duration and total construction-related air quality emissions would be reduced. However, it is assumed that the maximum daily emissions for the demolition, site preparation, grading and building construction phases would be similar to the Project. Furthermore, it is expected that the same mitigation measures included for the Project would also be required and implemented. As such, and similar to the Project, regional and localized construction emissions would be reduced to less than significant levels with the implementation of Mitigation Measures AQ-1 through AQ-3. The "Mixed Use" site plan is expected to generate 4,720 trips during a typical weekday, representing an approximate 18 percent reduction compared to the Project. Motor vehicle trips are the primary source of daily operational emissions. Because the "Mixed Use" alternative would generate fewer vehicle trips than the Project, it would also generate fewer average daily emissions. Modeled operational emissions associated with the "Mixed Use" site plan (2017 Buildout) would exceed the established SCAQMD threshold levels for NOx during the summertime (smog season) and wintertime (non-smog season). Thus, the "Mixed Use" alternative would eliminate the Project's (2017 Buildout) ROG significant and unavoidable impact. Additionally, localized CO impacts would also be reduced compared to the Project. Because the Project's localized CO impacts at studied intersections under all scenarios resulted in less than significant impacts, it can be deduced that the "Mixed Use" alternative would also result in less than significant CO impacts because it would involve substantially fewer vehicle trips. As such, localized CO impacts would be considered less than significant and reduced when compared to the Project. • Biological Resources: The "Mixed Use" alternative would result in virtually the same level of impact to biological resources as the Proposed Project. Impacts to the degraded CSS habitat and on the site's northerly slope would be less than significant and identical to those of the Project. As with the Project, this north slope area would be regraded, re-engineered, and revegetated with native species, including CSS species. Potential impacts on nesting birds would be similar to the Project. Similarly, potential impacts to roosting bats would be similar to those associated with the Project. Similar to the Project, the existing drainage channel crossing the southern portion of the site would be replaced and covered. Due to the need to fully develop the property, no opportunity to re-create riparian habitat along the channel would exist. Impacts would be significant before mitigation and similar to those of the Proposed Project. As with the Project, no substantial impediment to wildlife movement or gene flow could occur and the impact would be less than significant and equivalent to the Project. As with the Project, all of the 330 trees on the Project Site would be removed. However, due to site plan constraints, a substantially fewer number of new trees would be planted (approximately 1,207 net new trees) as compared to the Proposed Project. Nonetheless, impacts to trees, including protected trees, would be less than significant, and identical to those of the Proposed Project. As with the Project, the "Mixed Use" Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-51 5-84 City of Los Angeles June 2013 alternative would not conflict with any local policies or ordinances protecting biological resources, such as tree preservation policies or ordinances. Thus, no impact would occur. • Cultural Resources: Potential archeological and paleontological resources impacts associated with the "Mixed Use" alternative site plan would be identical to those of the Proposed Project and would be potentially significant. Therefore, the Compliance Measure and mitigation similar to Mitigation Measures CUL T-1 through CUL T-9 would be required in order to reduce potential impacts to a less than significant level. • Geology and Soils: The "Mixed Use" site plan incorporates the required seismic setback zone through the central portion of the Project Site and would thus be in compliance with applicable City engineering requirements and would be similar to Alternative C, the current Proposed Pn;>ject. Otherwise, potential geology and soils impacts would be virtually the same as the Proposed Project. Measures similar to the Compliance Measures for the Project would reduce these impacts, although they would be less than significant. • Greenhouse Gas Emissions: Compared to the Project, the "Mixed Use" alternative site plan would involve the construction of a smaller development and thus the duration and total construction-related GHG emissions would be reduced. Furthermore, it is expected that the same mitigation measures included for the Project would also be required and implemented to reduce construction-related GHG emissions to the maximum extent feasible. The "Mixed Use" alternative is expected to generate 4,720 vehicle trips during a typical weekday, representing an approximate 18 percent reduction compared to the Project. Motor vehicle trips are the primary source of daily operational GHG emissions. Because fewer vehicle trips would be generated than the Project, fewer average daily GHG emissions would be generated. Furthermore, as a smaller development would be constructed, fewer operational GHG emissions would be generated from on-site sources and energy consumption. Specifically, it is estimated that the operation of the "Mixed Use" alternative would generate approximately 9,109 C02e MTY assuming the same general sustainability measures outlined in MM AQ-4 for the Project would be implemented under this alternative. This represents an approximate 21 percent reduction compared to the Project. Similar to the Project, the "Mixed Use" alternative would be consistent with all feasible and applicable strategies to reduce greenhouse gas emissions in California and the City of Los Angeles. As such, it would not conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases. Thus, GHG impacts would be considered less than significant and reduced compared to the Project. • Hazards and Hazardous Materials: As with the Project, the "Mixed Use" alternative site plan would entail demolition of all existing structures and improvements, excavation and grading, and construction of new buildings, improvements, utilities, and landscaping. Implementation of Mitigation Measure HAZ-1 would therefore be required to ensure that petroleum-impacted soils are characterized during Project excavation and grading activities and are either remediated on- Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses PageIIIA-52 5-85 City of Los Angeles June 2013 site or, if necessary, transported to an appropriate facility for disposal, thus reducing the impact to a less than significant level, equivalent to the Project. Similarly, implementation of Mitigation Measures HAZ-2 and HAZ-3 would be required to insure that ACMs and LBP in the existing on- site structures are properly abated and that potential risks from ACMs and LBP are reduced to a less than significant level, equivalent to the Project. DPM emissions generated during construction would be reduced in duration compared to the Project due to the anticipated shorter construction period; however, estimated daily emissions would be comparable to those of the Project and would be less than significant. The types of hazardous materials associated with routine, day-to-day operation would be expected to be somewhat different than those associated with the Project due to the commercial/retail and office components of the site plan. Nonetheless, the transport, use, and disposal of these materials would not be expected to pose a significant hazard to the public or the environment and impacts would be less than significant. The risk of upset potential associated with separation distances between the site and the ConocoPhillips Refinery, DFSP, and Rancho LPG facilities would be virtually the same as with the Project, and therefore less than significant. The human health risk associated with emissions from these off- site facilities would also be identical to the Project, and therefore less than significant. Because fewer residents would be present at the site (approximately 1,766 persons, or a 21 percent reduction compared to the Project), any emergency response plan for the site would need to consider and manage a fewer number of residents. In summary, overall impacts related to hazards and hazardous materials would be less than significant with mitigation and less than the Project. • Hydrology and Water Quality: As with the Project, the "Mixed Use" alternative would redevelop the entire site. Under future conditions, general drainage patterns on the site would remain substantially the same as under existing conditions, although the existing open drainage channel crossing the southern portion of the site would be undergrounded and covered in approximately its existing location, as with the current Proposed Project (Draft EIR Alternative C). As with the Project, a new internal storm drainage system would be installed within the residential on-site street system and would connect to the County/City storm drainage facility at the southern edge of the property. The amount of stormwater runoff generated at the site would be slightly less than that associated with the Project due to the greater amount of pervious surface area, primarily in the vicinity of the proposed six-acre public park. Thus, this alternative would not have an adverse impact with respect to storm drain capacity and no mitigation measures would be required. Similarly, the development would have a less than significant impact on storm drainage infrastructure and flooding resulting from the alteration of existing drainage patterns and the increase in overall site imperviousness. Impacts would be less than significant and slightly less than the Proposed Project. Impacts associated with the amount of runoff contributed to the Harbor and the movement of surface water would be less than significant and slightly less than the Proposed Project. Impacts associated with flooding, including the very slight risk of flooding resulting from the complete, instantaneous failure of the Palos Verdes Reservoir, would be less than significant and less than with the Project due to the fewer number of future residents to be Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page Ill.A-53 5-86 City of Los Angeles June 2013 located on the site. Water quality impacts would be less than significant and similar to those of the Project. • Land Use and Planning: As with the Proposed Project, the "Mixed Use" alternative would require a Zone Change and General Plan Amendment to create a new Specific Plan zone and land use designation for the Project Site. This alternative would contribute fewer additional housing units to meet area housing needs than the Project. Although it would contribute additional single- and multi-family housing, this alternative would not implement recommended air quality and regional planning strategies to increase the density of infill housing so as to reduce urban sprawl impacts on natural resources and to reduce regional congestion through VMT reduction to the same degree as the Proposed Project. On the other hand, the provision of Project-and neighborhood-serving retail/commercial space on-site as well as the availability of office space that could be utilized by future residents of the Project and surrounding neighborhood would help implement planning policies encouraging mixed use development in order to produce a consequent reduction in local VMT and vehicle trips. The "Mixed Use" alternative would be less consistent than the Proposed Project with several of the policies contained in the General Plan, particularly those relating to the provision of a range of housing opportunities. In summary, impacts would be less than significant and, on balance, approximately the same as those associated with the Proposed Project. • Noise: Given the size and location of the site, the requirement to demolish existing improvements, and the need to re-engineer and grade existing soils, redevelopment of the site under virtually any development scenario would result in significant temporary construction noise and vibration (human annoyance) impacts to the identified sensitive receptors. Similar to the Project, it is expected that the "Mixed Use" alternative would include mitigation comparable to the Project's Mitigation Measure's N0-1 through N0-11 aimed at reducing construction related noise and vibration to the maximum extent feasible. Nevertheless, construction-related noise and vibration impacts would be significant although reduced compared to the Project due to the shorter anticipated construction period. Stationary noise impacts associated with HV AC systems would be less than significant and essentially equivalent to the Project. Because the "Mixed Use" alternative would result in fewer daily vehicle trips than the Project, off-site roadway noise impacts would also be less than significant and reduced compared to the Project. As with the Proposed Project, this alternative would result in generally unacceptable exterior noise levels for the proposed residential and open space uses fronting Western Avenue on the Project Site. Compared to the Project, fewer residences would be placed in the generally unacceptable ambient noise level areas. Thus, while the exterior noise level along Western A venue remains essentially equivalent to the Project, the significant and unavoidable impact would be reduced because fewer residences would be impacted. • Population and Housing: As with the Proposed Project, no construction-related housing impacts would be anticipated under the "Mixed Use" alternative. Within the Wilmington-Harbor City Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-54 5-87 City of Los Angeles June 2013 Community Plan area, the "Mixed Use" alternative would represent about 40 percent of 2010- 2017 household growth; and about 17 percent of 2010-2027 household growth. Therefore, like the Project, this alternative would not induce substantial housing growth, because it would meet a portion of forecasted housing need rather than exceed the housing growth forecast for the City of Los Angeles Subregion. The housing impact would be less than significant and less than the Proposed Project. The "Mixed Use" alternative would achieve some of the Project's housing objectives, although to a lesser extent than with the Proposed Project, as discussed previously. The "Mixed Use" alternative would generate a population growth of 1,766 persons and would generate Subregion-level indirect/induced population impact of 449 persons for a total Project population impact of 2,215 persons. This alternative's direct plus indirect/induced population would represent about 59 percent of 2010-2017 population growth; and about 25 percent of 2010- 2027 population growth within the Wilmington-Harbor City Community Plan Area. Therefore, like the Project, this alternative would not induce substantial population growth, because it would accommodate a portion of forecasted population rather than exceed the population growth forecast for the City of Los Angeles Subregion and Wilmington-Harbor City Community Plan area. Therefore, the population impact would be less than significant and less than the Proposed Project. • Public Services -Fire Protection: Fire protection service demands would be approximately the same as for the Project. Although fewer residences would be constructed, the provision of the library, office and commercial/retail space would also be expected to generate fire protection service demand. The proposed plot plan for would be subject to LAFD review for compliance with applicable Los Angeles Fire Code, California Fire Code, City of Los Angeles Building Code, and National Fire Protection Association standards, thereby ensuring that this alternative would not create a fire hazard. For the above reasons, impacts related to fire services and emergency access would be less than significant and essentially equivalent to the Project. • Public Services -Police Protection: Police protection service demands would be approximately the same as for the Project. Although fewer residences would be constructed, the provision of the library, office and commercial/retail space would also be expected to generate police protection service demand. Therefore, impacts to LAPD services and response times would be essentially equivalent to those of the Proposed Project and, as with the Project's impacts, would be less than significant. • Public Services -Schools: The "Mixed Use" alternative site plan would generate approximately 75 elementary school students, 40 middle school students, and 49 high school students at any one time. As compared to the Project, this alternative would generate 31 fewer elementary school students, 12 fewer middle school students, and 15 fewer high school students, which would generally create less of a demand for school services than the Project. With the addition of these students to existing school enrollments utilized in the Draft EIR, Taper Elementary School would operate under capacity by 149 students, Dodson Middle School would operate under capacity by Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-55 5-88 City of Los Angeles June2013 350 students, and Narbonne High School would operate under capacity by 178 students. Similar to the Proposed Project, new development under this alternative would be required to pay School Fees as a Compliance Measure. These fees would be used to construct facilities, which according to LAUSD, are necessary to serve overall student enrollment growth district-wide associated with new development, and are deemed to mitigate CEQA school impacts by State law. Therefore, impacts to LAUSD services would be less than significant and less than under the Proposed Project, given the reduced amount of overall development. • Public Services -Parks and Recreation: The "Mixed Use" alternative would include a six-acre public neighborhood park in the west central portion of the site, adjacent to Western Avenue. In addition, the alternative would include main and secondary recreation centers for the use of Project residents. Landscaped common areas and other general open space areas would be integrated throughout the site plan. Thus, the total amount of park/open space area under the "Mixed Use" alternative would represent a significant increase compared to what would be available under the Proposed Project. The "Mixed Use" alternative would also represent a substantial increase in the amount of publicly accessible open space available on-site when compared to the Proposed Project. This open space area, coupled with the proposed recreation centers on-site, would provide more than enough acreage to satisfy the parkland goals for the population generated by development of this alternative. Thus, impacts on parks and recreation would be less than significant and less than those of the Proposed Project. • Public Services -Libraries: The "Mixed Use" alternative would include the dedication of land area for construction of a 20,000 square foot neighborhood branch public library. The Los Angeles Public Library would need to construct the library, as the Applicant would merely donate the land for it. Nonetheless, such a library would not only be more than sufficient to meet the need for library services generated by the Project, but also would serve the broader San Pedro community. Irrespective of the potential on-site library, the "Mixed Use" alternative would result in a smaller impact to library services than the Proposed Project, as it would accommodate fewer residents. Thus, impacts on library services would be beneficial. • Transportation and Traffic: Development of the "Mixed Use" alternative site plan would generate less traffic at the Project Site following completion and full occupancy. Specifically, this alternative would be expected to generate 79 inbound and 216 outbound trips during the weekday AM peak hour, and 286 inbound and 199 outbound trips during the weekday PM peak hour. Over a 24-hour period, this alternative is forecast to generate a total of 4, 720 trips during a typical weekday. Compared to the Project's forecast 5,788 weekday trips (Draft EIR Alternative C), the "Mixed Use" alternative would generate 18 percent fewer daily total trips. The alternative would still create significant traffic impacts at 16 of the study intersections, the same number of intersections as under the Proposed Project (Draft EIR Alternative C). As with the Project, all of the significant impacts that would be produced could be mitigated to a less than significant level via the implementation of the traffic mitigations identified in the Draft EIR. Thus, traffic impacts Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-56 5-89 City of Los Angeles June 2013 would be less than significant with mitigation and less than those of the Proposed Project due to the approximately 18% reduction in daily vehicle trips. • Utilities and Service Systems-Water: The "Mixed Use" alternative site plan would result in an increase in water consumption within the LADWP's service jurisdiction due to the construction of 477 residential units and the associated mixed-use development and would generate a demand that would be slightly less than that of the Proposed Project due to the fewer number of residential units. This reduction would be partially offset by water demand associated with the office, retail/commercial, library, and public park uses under this alternative. Because LADWP has determined that adequate water supplies would be available to serve the Project, it is reasonably inferred that the same would be true with respect to the reduced demand for water under this alternative. Thus, as with the Proposed Project, the alternative would result in a less tha'n significant impact to water supplies, and less than the Project. • Utilities and Service Systems -Wastewater: The "Mixed Use" alternative would generate slightly less wastewater than the Proposed Project due to the fewer number of residential units. This reduction would be partially offset by wastewater generated from the office, retail/commercial, library, and public park uses under this alternative. Because sufficient wastewater treatment capacity at the TIWRP exists for the larger Project wastewater generation, it can therefore be reasonably concluded that sufficient treatment capacity for the reduced demand under this alternative would also be available. Therefore, impacts would be less than those under the Project and, as with the Project, would be less than significant. Similarly, given that the total amount of wastewater generated by this alternative would be less than the Project, impacts with regard to wastewater conveyance would be less than significant and less than the impacts under the Project. • Utilities and Service Systems -Solid Waste: The amount of solid waste generated during demolition and site preparation would be approximately the same as that generated by the Proposed Project during the same stages of construction. Solid waste generated during home construction under the "Mixed Use" alternative would be somewhat less than that associated with the construction of the Proposed Project due to the reduced total square footage to be developed. As such, and similar to the Project, the landfills would have adequate capacity to accommodate the average daily construction waste generated over the multi-year construction period, and construction-related solid waste impacts would be less than significant. This alternative would generate slightly less solid waste during Project operation than the Proposed Project due to the fewer number of residential units. This reduction would be partially offset by solid waste generated from the office, retail/commercial, library, and public park uses under this alternative. As such, and as with the Project, area landfills would have adequate capacity to accommodate the daily operational waste generated by this alternative. Operational solid waste impacts would be less than significant and slightly less than with the Proposed Project. Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IIIA-57 5-90 City of Los Angeles June 2013 • Utilities and Service Systems -Energy: Similar to the Proposed Project, the "Mixed Use" alternative would require a line extension from the existing off-site lines to the premises, on-site transformation facilities, and conduit and cable throughout the property. The alternative itself would not require new (off-site) energy supply facilities and distribution infrastructure. Electricity and natural gas consumption at the Project Site is anticipated to be essentially equivalent to that of the Proposed Project. Therefore, as with the Project, it is anticipated that LADWP's existing and planned electricity capacity and electricity supplies would be sufficient to support the alternative's electricity consumption. Similar to the Proposed Project, impacts related to natural gas would be less than significant. To summarize the impacts of the "Mixed Use" alternative site plan in comparison to those of the Proposed Project (Alternative C in the Draft EIR), this alternative has the potential to reduce or avoid the following significant impacts: • Regional operational air emissions • Exterior noise at some Project residences • Traffic (daily vehicle trips only) The "Mixed Use" alternative would not have the potential to reduce or avoid the Proposed Project's potential impacts involving regional and local construction-associated air emissions, potential impacts on nesting birds and/or roosting bats during construction, impacts to jurisdictional resources on-site, potential impacts to archaeological and/or paleontological resources, potential impacts relating to hydrocarbon-impacted soils, disturbance of asbestos-containing materials (ACMs) and lead-based paint (LBP) that are present in the existing abandoned structures on-site, construction-related noise and groundborne vibration, significant traffic impacts at study intersections, and potential traffic impacts associated with the installation of water service infrastructure. Other impacts associated with the Project, although less than significant, would be either equivalent or reduced to some degree under this alternative due to the fewer number of residences that would be developed on-site. Feasibility As discussed at the start of this topical response, under CEQA, alternatives to a project that are evaluated in a Draft EIR must be feasible to develop. With respect to the "Mixed Use" alternative site plan that has been requested by numerous commenters on the Draft EIR, nothing would physically prevent the alternative from being developed at the Project Site. Therefore, the determination of its feasibility is limited to its ability to produce a positive return on investment to the Applicant. In order to evaluate the economic feasibility of the "Mixed Use" alternative, a study was prepared by The Concord Group (attached as Appendix B) in June 2013. The study concludes that the "Mixed Use" alternative (Alternative 2 in the Concord Group report) would be economically infeasible to develop due to the Ponte Vista Project Final Environmental Impact Report III.A. Responses to Comments -Topical Responses Page IJJ.A-58 5-91 City of Los Angeles June2013 substantial level of fixed costs associated with infrastructure and land that remain largely the same irrespective of the total number of lots developed at the site.26 In addition, the "Mixed Use" alternative would donate acreage on-site to the Los Angeles Public Library for construction of a neighborhood branch library and, thus, would return no economic value to the Applicant. Recently reviewed vacancy reports for the area surrounding the Project Site indicate that 1,073,992 square feet of available (vacant) office space exists within a five-mile radius of the Site and that 166,675 square feet of available (vacant) retail space exists within a two-mile radius of the Site. These figures represent a relatively large amount of vacant office and retail space and would likely present challenges to developing economically viable commercial and retail uses at the Project Site. Given the realities of the current residential, office, and retail real estate market, it is estimated that development of the "Mixed Use" alternative at the Project Site would result in a loss of approximately $37 million.2 7 Conclusions CEQA requires that a Draft EIR identify an "environmentally superior alternative". Section VI.D of the Draft EIR contains this discussion and concludes that Alternative C (the reduced density alternative that now represents the Applicant's preferred project) is the environmentally superior alternative among the development alternatives that were evaluated. Although the "Mixed Use" alternative discussed in this topical response was not included in the Draft EIR, it would, as discussed above, marginally reduce some of the Project's less than significant impacts and would reduce the Project's significant, unmitigated operational air quality impact. Thus, an argument could be advanced that the "Mixed Use" alternative could be the environmentally superior alternative. However, as noted previously, CEQA requires that the range of alternatives evaluated in a Draft EIR be feasible to develop. As has been shown above, the "Mixed Use" alternative would not be economically feasible to develop at the Project Site. Because the "Mixed Use" alternative is economically infeasible, therefore, it is not the environmentally superior alternative and will not be added to the EIR. 26 Ibid. 27 Ibid. Ponte Vista Project Final Environmental Impact Report Ill.A. Responses to Comments -Topical Responses Page IllA-59 5-92 Excerpts from FEIR for Ponte Vista project: Response to Comments -Rancho Palos Verdes (Section 111.B) 5-93 City of Los Angeles June 2013 Comment No. A7-3 MTA's Response to the Notice of Preparation There is no indication in the Draft BIR or its appendices that the lead agency received MT A's response to the Notice of Preparation for the proposed project. The letter is dated November 10th, 2010 and is attached for you reference. If you have any questions regarding these comments, please contact me at 213-922-2836 or by email at · hartwells@metro.net. Please send the Final EIR to the following address: MT A CEQA Review Coordination One Gateway Plaza MS 99-23-2 Los Angel~s, CA 90012-2952 Attn: Scott Hartwell Response to Comment No. A7-3 The comment notes that Metro provided a comment letter in response to the Notice of Preparation circulated for the Proposed Project in November 2010 but correctly states that this letter was not included or referenced in the Draft EIR. This was an inadvertent omission and has been corrected in this Final EIR. The comments raised in the November 2010 NOP Response from Metro were considered in the preparation of the Draft EIR. Appendix I-2 of the Draft EIR has been revised to include the November 10, 2010 NOP response letter from Metro (see also Section IV, Corrections and Additions to this Draft EIR). LETTER NO. AS -CITY OF RANCHO PALOS VERDES City of Rancho Palos Verdes Kit Fox Senior Administrative Analyst 30940 Hawthorne Blvd. Rancho Palos Verdes, CA 90275-5391 Comment No. AS-1 The City of Rancho Palos Verdes appreciates the opportunity to comment upon the Notice of Availability/Completion (NONC) for the above-mentioned project. The City respectfully offers the following comments on the content and analysis of the Draft EIR (DEIR) for the proposed project: 1) From the outset, the City of Rancho Palos Verdes would like to take this opportunity to remind the City of Los Angeles that the purpose of an EIR is to disclose and describe the environmental impacts of a Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page//IB-28 5-94 City of Los Angeles June 2013 proposed project in a logical and concise manner so that decision makers are able to make fully informed decisions before taking action on the proposed project in question. In the case of this BIR, however, it is clear that the project proponent has no intention of building or seeking entitlements to build the so-called "proposed" project, but instead intends to pursue Alternative C, as described in Section VI of the DEIR. Nevertheless, thousands of pages of descriptions, diagrams, analyses and technical appendices are expended on the "proposed" project in the DEIR, while fewer than one hundred fifty (150) pages at the back of the DEIR are devoted to the analysis of all four (4) project alternatives combined. We appreciate that the project proponent's decision to abandon the "proposed" project in favor of 830-unit Alternative C or 1,135-unit Alternative D may have been in response to significant geotechnical issues that were identified on the site after the initial circulation of the Notice of Preparation (NOP) in October 2010. However, at that point, the project description should have been revised to address these changed circumstances and the NOP recirculated. Instead, we are now presented with a DEIR that includes a minutely-qetailed analysis of a "proposed" project that the project proponent has no interest in pursuing, and superficial analyses of the "real" project proposal (i.e., Alternative C or D). Therefore, before we comment in more detail on the DEIR as presented, the City of Rancho Palos Verdes wishes to go on record as requesting that the DEIR be completely re-written with either Alternative C or Alternative D as the "proposed" project accompanied by appropriately re-written descriptions, diagrams, analyses and technical appendices and re-circulated for a new public review and comment period. Response to Comment No. AS-1 The comment asserts that the Project Applicant has no intention of building the original 1,135-unit version of the Proposed Project that was evaluated in the Draft BIR. As is discussed in Section I, Introduction, of this Final BIR, the Project Applicant decided to replace the original version of the Proposed Project with the reduced density 830-unit version that was evaluated in the Draft BIR as Alternative C following the close of the public comment period on the Draft BIR and in response to the public comments received. Prior to that, the Project Applicant had indicated that the preferred Project was one that included 1,135 units, as discussed on page 11-1 of the Draft BIR. As presented on Table Vi- l in the Draft BIR, the residential product types in both the original 1,135-unit plan and the reduced 830- unit plan are very similar, with the only significant difference being in the number of units proposed. The two site plans are largely the same, with the primary differences being the presence of the seismic setback across the central portion of the site and the elimination of the proposed public park. These differences between the two plans were evaluated in detail in Section VI (Alternatives to the Proposed Project) of the Draft BIR. In all other areas, the impacts of the smaller 830-unit Alternative C were reviewed and found to be either the same or less than those that would result from the larger 1,135-unit Proposed Project. Thus, there is no requirement or justification for completely revising and recirculating a new Draft BIR, as the comment suggests. All of the impacts associated with the current version of the Proposed Project (Alternative C in the Draft BIR) were fully evaluated and disclosed in the Draft BIR, with appropriate mitigation measures identified. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-29 5-95 City of Los Angeles June2013 With respect to the "significant geotechnical issues" cited by the comment, as noted on page IV.F-5 of the Draft BIR, a splay of the Palos Verdes Fault was determined to cross the central portion of the Project Site during the geotechnical investigation work for the BIR. Due to the uncertainty over the nature of this fault splay and, in particular, its degree of activity, the Lead Agency conservatively treated the fault splay as potentially active, classified the resulting impact as significant, and imposed Mitigation Measure GB0- 1 requiring the inclusion of a 50-foot wide structural seismic setback zone along the fault splay. In order to evaluate any additional level of environmental impact that might be associated with the implementation of this mitigation measure, Alternative D was added to the Draft BIR to study how the modified site plan . could be developed while still retaining the original number of proposed residential units. According to the Project Applicant, the decision to reduce the overall Project from 1,135 to 830 units was made subsequent to and completely apart from the discovery of the fault splay. Regardless, the potential environmental impacts of the original 1,135-unit project, the 1,135-unit plan incorporating Mitigation Measure QB0-1, and the reduced density 830-unit current Proposed Project were each fully evaluated in the Draft BIR. CBQA Section 21092.1 and CBQA Guidelines Section 15088.5 provide the triggers for recirculation, which fall into three general categories: (1) new or substantially more severe significant, unavoidable impacts; (2) new, feasible mitigation, considerably different from the Draft BIR, that a project proponent refuses to adopt; and (3) a Draft BIR so conclusory or otherwise inadequate that it precludes meaningful public comment. The designation of either Alternative C or D as the "proposed Project" is not sufficient to trigger a need to recirculate the Draft BIR since both alternatives were fully evaluated in the document and the public was afforded an opportunity to review and comment on these evaluations. Recirculation is the exception, rather than the rule. The purpose of public review and comment on Draft BIRs is "not to promote endless rounds of revision and recirculation." Save Our Peninsula Assn. v. County of Monterey, 87 Cal. App. 4th 99 (2001). Comment No. A8-2 2) The City respectfully takes exception with some of the "important planning issues" purportedly addressed by the "proposed" project (pp. 1-8 to 1-9): a) The introduction states that the "site's size and relative physical isolation make it possible to avoid or reduce many of the typical 'adjacency' impacts that result from infill development." While the proposed project may be remote from the developed areas to the north and east by virtue of the adjacent Defense Fuel Support Point San Pedro, no comparable buffer is provided from the adjacent neighborhoods in San Pedro to the south or Rancho Palos Verdes to the west. Response to Comment No. A8-2 The Draft BIR citation notes that the Project Site offers "relative physical isolation" with respect to surrounding residential land uses. The Project Site is buffered from development to the west by Western Avenue, a 94-foot-wide State Highway (including sidewalks) carrying 35,000 vehicles per day. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page //lB-30 5-96 City of Los Angeles June 2013 Additionally, Project buildings would be set back between 18-80 feet from Western Avenue along the site's western frontage, further separating the Project from single-family uses located in the City of Rancho Palos Verdes across Western A venue. Although there is no existing buffer between the Project Site and existing residential buildings to the south, the Project would include a landscaped perimeter trail and open space system surrounding the entire site. The Project's residential buildings would also be set back up to 80 feet from the Project Site's southern property line with the aforementioned perimeter open space serving as a buffer between the developments. Additionally, densities would be modulated across the Project Site, with the highest densities occurring adjacent to, and consistent with, multi-family development immediately south of the Project Site. As acknowledged by the comment, the Defense Fuel Support Point provides significant buffering to the north and east. The Project Site is unique because typical infill development projects do not offer this amount of buffering. Because the site is relatively isolated, the impacts on surrounding residential uses will be diminished or avoided as compared to more typical infiJl projects. Comment No. AS-3 b) Furthermore, the introduction asserts that the increased residential density proposed is necessary to meet regional housing needs, and notes that the project site is located near "the Ports of Los Angeles and Long Beach, which are among the region's largest employers." However, as far as we can tell, the "proposed" project includes absolutely no provisions to ensure that any of the proposed housing units would be made affordable or accessible to Port or Port-related employees, other than by virtue of mere physical proximity. Response to Comment No. AS-3 The environmental impact analysis of the Draft BIR does not make assumptions about particular locations where Project residents would in fact be employed. Rather, the Draft EIR states that the Project is consistent with City and regional planning policy objectives to add housing to locations with employment opportunities, and that the general vicinity of the Project, including the Ports of Los Angeles and Long Beach, is one of the region's major job centers. Current regional planning policies, including but not limited to air quality and transportation planning, are based on the assumption that if housing opportunities are located closer to employment centers, commuting distances (and vehicle miles traveled) will tend to be reduced and urban sprawl will tend to be discouraged. As discussed in the Draft BIR, while the South Bay area has been one of the region's most significant and growing employment centers, comparatively little new housing has been added to the Wilmington-Harbor City Community Plan area in the past several years. As discussed in the Draft BIR, by providing 1,135 new dwelling units (830 units in the currently Proposed Project) across a spectrum of prices and unit configurations on an infill site that is close to some of the region's major job centers, the Project provides opportunities for residents and local employees to avoid long-distance commutes to other locations and is consistent with widely accepted local and regional planning policies designed to encourage more efficient growth patterns. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-31 5-97 City of Los Angeles June 2013 Comment No. AS-4 3) The City appreciates that a much more comprehensive assessment of the aesthetic impacts of the "proposed" project was conducted in the current DEIR than was the case for the previous 2,300-unit proposal in 2007. This included the acknowledgement that adverse impacts upon views characterized by manmade features such as those that occur in and around Los Angeles Harbor are potentially significant. Views of the Harbor area -especially at night -are a prominent visual feature of Rancho Palos Verdes neighborhoods along Western A venue, and the City of Rancho Palos Verdes frequently considers (and protects) city-light views of the harbor when considering development proposals. ·unfortunately, the DEIR dismisses adverse impacts to views from private property in the City of Rancho Palos Verdes as less than significant. This includes views from Green Hills Memorial Park and from homes in the Rolling Hills Riviera neighborhood on the west side of Western Avenue. The City of Rancho Palos Verdes takes this opportunity to formally object to this assessment. Response to Comment No. AS-4 The Draft EIR evaluates views from private property surrounding the Project Site beginning on page IV.B-7. Views from private vantage points, including those within the City of Rancho Palos Verdes on the west side of Western Avenue, are described for both the existing condition and the future with-Project condition. The likely impacts to these views are disclosed in the Draft EIR beginning on page IV.B-45. As is stated in the Draft EIR, neither the CEQA Guidelines nor the City's CEQA Thresholds Guide consider changes to private views to be significant impacts. Project impacts to views from both Green Hills Memorial Park and individual homes within the Rolling Hills Riviera neighborhood are described, and in the case of the former location, simulated in the Draft EIR (see Figure IV.B-17). It is not possible to individually assess the Project's impact to views from each private parcel surrounding the site, nor do City planning policies and ordinances explicitly protect views from privately owned properties. CEQA does not require analysis of impacts to specific people, only on the environment, and the Draft EIR properly focuses on public views, including those from potentially affected neighborhoods. Thus, the evaluation of the Project's impacts on views as presented in the Draft EIR was presented in accordance with the requirements of CEQA and City policy. The Draft EIR does not merely "dismiss" the impacts referenced in the comment. To the contrary, they are discussed in the document. Many of the available views are fleeting and would not be substantially obscured by the Project. Nonetheless, the comment's objection to this methodology is acknowledged for the record and will be forwarded to the decision- making bodies for their review and consideration. Comment No. AS-5 We also offer the following specific comments on Section IV.B (Aesthetics): a) There are repeated references in Section IV.B to homes on "Palondra Drive" in Rancho Palos Verdes. There is no such street in the City, and we are unsure what homes the DEIR is referring to. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IllB-32 5-98 City of Los Angeles June 2013 Response to Comment No. AS-5 The references in the Draft EIR to Palondra Drive were made in error; the street being referred to is correctly known as Palmeras Place, which is a signed street located immediately adjacent and parallel to Western Avenue on its west side, connecting Redondela Drive to Avenida Aprenda. It is a short street that is separated from Western A venue by a small landscaped median containing a bus stop. The street extends south of A venida Aprenda for a short distance before it ends in a cul-de-sac. A total of four single-family homes within the City of Rancho Palos Verdes with direct driveway access from Palmeras Place currently have direct views of the southwestern corner of the Project Site. The following revisions have been made to the Draft EIR to correct this error (see also Section IV, Corrections and Additions to the Draft EIR): On page IV.B-19 in Section IV.B (Aesthetics), replace all references to "Palondra Drive" in the fourth paragraph with "Palm eras Place". On page IV.B-20 in Section IV.B (Aesthetics), replace the reference to "Palondra Drive" in the last paragraph with "Palm eras Place". On page IV.B-48 in Section IV.B (Aesthetics), replace the reference to "Palondra Drive" in the first partial paragraph with "Palmeras Place". Comment No. AS-6 b) The description of private viewing areas in Rancho Palos Verdes (pp. IV.B-19 to IV.B-20) identifies two (2) neighborhoods on the west side of Western Avenue to the south of Green Hills Memorial Park that overlook the project site. In fact, there is only one (1) residential neighborhood in this area, which is known as Rolling Hills Riviera Response to Comment No. AS-6 The description in the Draft EIR that is referred to by the comment is intended to communicate the fact that elevations within the neighborhood the comment refers to as the Rolling Hills Riviera relative to the Project Site are substantially different north of A venida Aprenda. This is an important fact to consider in the assessment of both the existing viewshed and potential Project effects on views from these areas. The two areas may be part of the same neighborhood for the purposes of the City of Rancho Palos Verdes, but they will experience different effects on views of and over the Project Site as a result of the Proposed Project. Nonetheless, the following clarifying revisions have been made to the fourth and fifth paragraphs on page IV.B-19 of the Draft EIR (see also Section IV, Corrections and Additions to the Draft EIR): Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-33 5-99 City of Los Angeles June 2013 +we-A_single-family residential areas neighborhood within the City of Rancho Palos Verdes known as Rolling Hills Riviera is aFe located on the west side of Western Avenue, across from the Project Site, and to the south of Green Hills Memorial Park. For purposes of this analysis, the Rolling Hills Riviera neighborhood can be divided into two parts based on their respective elevations relative to the Project Site. The first of these neighborhoods areas is located along Redondela Drive, Palondra Drive, Palmeras Place, Tarrasa Drive, and Avenida Feliciano and is situated at a lower elevation than either Green Hills to the north or the adjacent neighborhood portion of the Rolling Hills Riviera neighborhood to the south. Views of and across the Project Site from this neighborhood area are limited due to the north-south orientation of most of the homes and the low elevation of the area. A few homes along the east side of Tarrasa Drive and Palondra Drive Palmeras Place border Western A venue and thus would have partial direct views of the Site's western frontage. These views are blocked to some degree by the embankment alo~g which Western Avenue ascends the slope to the north. Where the Project Site is visible, views largely consist of the chain-link fence along its Western A venue frontage, scattered trees, and portions of the abandoned duplexes. A few homes along Palondra Drive Palmeras Place have limited views of the riparian vegetation on-site. No views across the Project Site to areas beyond are available from this neighborhood lower elevation portion of the Rolling Hills Riviera neighborhood. The second neighborhood part of the Rolling Hills Riviera neighborhood to be considered is located west of Western Avenue and south of the Redondela/Feliciano neighborhood area discussed above. This neighborhood is Homes in this area are located on a sloping hillside along A venida Aprenda and Pontevedra Drive and is are situated at a substantially higher elevation (between 200 and 375 feet above sea level) than the Project Site (approximately 180 feet above sea level). Although most of the homes in this neighborhood area are oriented north-south and therefore do not directly overlook the Project Site, the backyards of some homes along Pontevedra Drive and the lower portion of A venida Aprenda have direct northeasterly views of and across the Project Site. These views include the riparian vegetation on-site as well as portions of the abandoned housing complex. To the north, the hillside along the Site's northern boundary with the DFSP is visible as a low ridgeline. Due to topography, no views north onto the DFSP itself are available from this area. Views to the east across the Project Site to the harbor area are not generally available from homes in this neighborhood area due to their principal north-south orientation as well as to the visual blockage provided by the Seaport Homes and Casa Verde Apartment complexes adjacent to the Site's southern boundary. A representative view from this portion of the Rolling Hills Riviera neighborhood is shown in Figure IV.B-12. Comment No. AS-7 c) The "before-and-after" photographic simulations included in Section IV.B -which we find to be crude, at best -should be placed closer to one another in the DEIR so as to make it easier for Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-34 5-100 City of Los Angeles June 2013 readers to compare the photos and draw their own conclusions. In the current DEIR, these "before-and-after" images are separated by two (2) dozen or more pages of text. Response to Comment No. A8-7 The comment does not state a specific question regarding the adequacy of the Draft EIR in identifying and analyzing the environmental impacts of the Project. However, the comment does suggest that the Draft EIR could be made more user-friendly by reordering the placement of the figures in Section IV.B, Aesthetics. As such, the comment is acknowledged for the record and will be forwarded to the decision- . making bodies for their review and consideration. Comment No. A8-8 4) W~ were surprised to learn (as, we suspect, was the project proponent) of the existence of a subsurface fault crossing the subject property, as described in Section IV.F (Geology & Soils). As mentioned above, we appreciate that this discovery drove changes in the site plans of the project alternatives so as to protect future residents, resulting in the designation of a 100-foot-wide seismic setback zone (Mitigation Measure GE0-1 ). However, we believe that the discovery of this issue should have resulted in complete reconsideration of the description of the "proposed" project and recirculation of the DEIR, as described above in Comment 1. Response to Comment No. A8-8 See Response to Comment A8-1. It should also be noted that, because the fault splay was discovered during preparation of the Draft EIR, no new information in addition to that which was provided in the Draft EIR has been presented. Comment No. A8-9 5) We have several comments with respect to the assessment of Hazards and Hazardous Materials in the DEIR (Section IV.H): a) Section IV.H describes the health risk assessment (HRA) conducted in relation to toxic air contaminant (TAC) emissions from several industrial sources near the project site (i.e., DFSP, ConocoPhillips and the Port of Los Angeles). However, we were surprised to read that among the sites that were not included in the HRA was the Rancho LPG facility at North Gaffey Street and Westmont Drive (p. IV.H-25). This omission is of particular concern due to recent incidences of TAC emissions (i.e., leaks) at both ConocoPhillips (September 2012) and Rancho LPG (October 2012), both of which we understand are under investigation by the AQMD. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIJ.B-35 5-101 City of Los Angeles June 2013 Response to Comment No. AS-9 The comment's reference to the Rancho LPG facility appears to be with respect to a health risk assessment (HRA) for routine, operational toxic air contaminant (TACs) emissions (see Draft EIR, page IV.H-5). As noted in the Draft EIR, the Rancho LPG facility was not included in the HRA conducted for the Ponte Vista Project Site due to the comparatively small quantity of its emissions relative to the nearby ConocoPhillips refinery (see Draft EIR, page IV.H-31). It was determined that including documented TAC emissions from the Rancho LPG facility in the HRA for the Project Site would not increase either . the chronic or acute hazard indices for the site appreciably closer to the significance thresholds for cancer risk. For this reason, the Rancho LPG facility was excluded from the HRA. The comment also references recent leaks at the ConocoPhillips and Rancho LPG facilities; leaks, it should be noted, that apparently occurred at approximately the same time the Draft EIR was being published for public review. These leaks, however, are not the same as the types of operational TAC emissions that are evaluated in HRAs and which were considered in the HRA conducted for the Project Site. Hazardous material spills and chemical releases from process upsets such as leaks or accidental spills are a different category of risk and are addressed in Section IV.H (Hazards and Hazardous Materials) of the Draft EIR at pages IV.H-15-16, 21, 25, 33, 36-39, 42, and IV.J-17. See also Topical Response 4 with respect to the Rancho LPG facility. Although the effects of these facilities were described in the Draft EIR for informational purposes, they represent impacts of the environment on the Project and are not, therefore, required for analysis and mitigation (see Topical Response 3). Comment No. AS-10 b) The analysis of off-site releases of hazardous materials notes that an independent risk-of-upset hazard analysis was performed in relation to the DFSP and ConocoPhillips, but not Rancho LPG. Given the high level of public concern about the Rancho LPG facility in recent years, we believe that it would have been most prudent to include all three (3) of these facilities in the independent risk-of-upset hazard analysis. Response to Comment No. AS-10 The comment is incorrect in his statement that no risk of upset hazard analysis was presented in the Draft EIR with respect to the Rancho LPG facility. The analysis of potential releases of hazardous materials from the Rancho LPG facility is presented at pages IV.H-35 to -38 of the Draft EIR. See also Response to Comment A8-9 and Topical Responses 3 and 4 for a discussion of this category of impacts as well as of the Rancho LPG facility. Comment No. AS-11 c) The DEIR concludes that the "proposed" project has no impact with respect to conflicts with adopted emergency response plans, based (at least in part) upon an assertion that the City of Ponte Vista Project Final Environmental Impact Report lll.B Responses to Comments -Individual Responses Page //l.B-3 6 5-102 City of Los Angeles June 2013 Rancho Palos Verdes has not designated Western A venue as an emergency evacuation route along the frontage of the project site (p. IV.H-41). The DEIR cites an exhibit in the Safety Element of the Rancho Palos Verdes General Plan (Figure 39, Disaster Routes) that was not updated after the Eastview area was annexed by Rancho Palos Verdes in 1983. However, the text accompanying this exhibit notes that routes depicted on Figure 39 are conceptual and that the designation of evacuation routes is found in the E~ergency Operations Plan (EOP) and Standard Operating Procedures (SOP), not in the General Plan. Furthermore, the City of Rancho Palos Verdes is currently updating its General Plan, and expects that Western A venue -the major north- south arterial serving the Eastview area of the City -will be incorporated into the updated version of Figure 39. As such, the City of Rancho Palos Verdes believes that the "proposed" project is very likely to have an effect upon emergency response in the Eastview area of the City, and that this effect should be analyzed in the DEIR. Response to Comment No. AS-11 The evaluation of existing designated emergency evacuation routes in the Draft EIR was based on the most current available information in existence at the time the NOP for the Project was circulated in the fall of 2010. The screening threshold for potential impacts is whether a project would conflict with an adopted emergency response plan. The comment acknowledges that Western Avenue is not identified as an official emergency evacuation route on the relevant exhibit in the Safety Element of the City of Rancho Palos Verdes' General Plan. Regardless of whether or not Western A venue is ultimately added to this exhibit as an official emergency evacuation route, the Draft EIR evaluated the potential for the Project to adversely impact the use of Western Avenue for emergency evacuation purposes (see page IV.H-38 through IV.H-42, Draft EIR). The comment offers no evidence to support the assertion that the Proposed Project is likely to have an effect upon emergency response in the City of Rancho Palos Verdes, contrary to the conclusions of the Draft EIR. See also Topical Response 5 for a more detailed discussion of emergency response. Comment No. AS-12 d) Finally, notwithstanding the discussion on p. IV.H-18 of the DEIR, the City of Rancho Palos Verdes believes that the project site is within a 2-mile radius of Torrance Municipal Airport (TOA), so that the potential aircraft safety hazards posed for future residents should be assessed in the DEIR. Response to Comment No. AS-12 According to Google Maps, the Project Site is approximately 11,000 feet (direct line measurement) from the Torrance Airport at their closest points of proximity, which is just over two miles. For this reason, the Draft EIR did not include an analysis of the potential impact of the Project upon operations at Torrance Airport. Nonetheless, the Project consists of residential buildings no taller than approximately 65 feet. Such structures are of a comparable height to existing buildings in the immediate vicinity and would not Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIJ.B-3 7 5-103 City of Los Angeles June 2013 represent a potential aircraft safety hazard due to both their low height and their distance from Torrance Airport. Comment No. AS-13 6) The discussion of Land Use/Planning impacts suggests that the "proposed" project is necessary to meet a variety of perceived housing needs, even though the existing residential density of the project site would be increased by more than four (4) times. We do not believe that the DEIR adequately demonstrates the need for higher-density residential development on this site or in the surrounding ·community. In fact, we would point out that existing, unsold higher density developments located to the south of the project site and in downtown San Pedro actually demonstrate that there is a glut of this type of housing in the local market. The City remains concerned that a proposal for residential densities in excess of eighteen (18) units per acre for this site will be out of character with the surrounding patterns of development, both in Rancho Palos Verdes and Los Angeles. Response to Comment No. AS-13 The comment raises concerns aboutthe Proposed Project's density and relationship to unidentified unsold higher density developments located to the south of the project site (but which may refer to the development known as Seaport Homes Community, located at 28000 South Western A venue) and in downtown San Pedro. It is not the intent or responsibility of the Draft EIR to demonstrate the "need" for higher-density residential development on the Project Site or in the surrounding community. Rather, the purpose of the Draft EIR is to inform City decision makers and the public about the Proposed Project's impact on the physical environment. As analyzed in the Draft EIR, the Project includes a range of housing types, including 2-and 3-story single family homes, town homes, row houses and apartments, which range in density from 11 units per acre to 34 units per acre. This housing mix is very different from the one housing type (i.e., condos) situated in four "stacked flats" residential levels over podium parking in the Seaport Homes development, which was developed at a density of about 75 units to the acre. 5 Although it does not concern an impact on the physical environment, the fact that some existing developments, including Seaport Homes, may have unsold units is not necessarily an indicator of a "glut" of housing in the Wilmington-San Pedro area. Existing vacancies in particular buildings occur for many reasons, including lack of demand for particular types or configurations of units, the asking purchase price or rent of the units, available unit or building amenities, development location relative to off-site amenities, among others. Due to data limitations at the time it was prepared, the Draft EIR reported total residential vacancy rates (i.e., for the combination of for-sale and for-rent) only for the City of Los Angeles (4.0%) and for the combination of the Wilmington-Harbor City and San Pedro Community Plan 5 Source: ZIMAS information available from the Dept. of City Planning Web site (bttp:/lzimas.lacitv.org), which lists the Seaport Homes development as 136 units on a 1.81-acre site. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-38 5-104 City of Los Angeles June2013 areas (6.3%).6 These data reflect depressed housing market conditions resulting from the 2007-2009 Great Recession, and housing market conditions have generally improved since then. 7 Although it is not exactly the same vacancy measure as used by the U.S. Census Bureau, the percentage of idle utility meters is often used as an indicator of monthly and annual residential vacancies. According to the most recent data available, 3.7 percent of multi-family utility meters were idle in the generalized "San Pedro" area of the City of Los Angeles as of December 2012. This percentage was lower than in Central Los Angeles (4.2%), West Los Angeles (3.8%), and the City of Los Angeles as a whole (3.8%), although higher than in the San Fernando Valley (3 .1%).8 These readings do not suggest an unusually high vacancy rate in the Project vicinity that would reflect a "glut" of vacant units, as mentioned in the comment. The comment expresses an op1mon concerning the Project's design and its compatibility with the characterof surrounding land uses in both the City of Rancho Palos Verdes and City of Los Angeles. The compatibility of the Project with surrounding land uses is addressed in Section IV.J of the Draft EIR. However, the comment is acknowledged for the record and will be forwarded to the decision-making bodies for their review and consideration. Comment No. AS-14 7) The analysis of Noise impacts in the DEIR (Section IV.K) concludes that there will be significant and unavoidable exterior noise impacts of the "proposed" project upon certain project residences located along the Western Avenue frontage of the site. We question ifthere may be similar, adverse exterior noise impacts to existing residences on the west side of Western A venue in Rancho Palos Verdes that have not been adequately addressed in the DEIR Response to Comment No. AS-14 This comment misinterprets the operational noise impact statements for the Project in the Draft EIR. The Project would not result in significant long-term operational noise generation impacts. Rather, as proposed under the Project, the placement of sensitive land uses (Project residences) in a generally loud urban location, such as the Project Site, was determined to be a significant and unavoidable impact. Specifically, page IV.K-24 of the Draft EIR states: With respect to placing future Project residences fronting Western Avenue, Table IV.K- 13 indicates that cumulative roadway noise levels at distances of 50 feet from the 6 See Draft EIR Appendix JV.L-1, Population and Housing Study, Table Ill-I, page 33. 7 See for example. Jim Puzzanghera, "Home prices up 9. 7% year-over-year in January, CoreLogic reports, "Los Angeles Times, March 5, 2013 (available at: http://www.latimes.com/businesslmoney/la-fi-mo-home-prices- corelogic-housing-20 I 30305, 0, 22 45458.story?track=rss). 8 Ibid. Ponte Vista Project Final Environmental Impact Report IIJ.B Responses to Comments -Individual Responses Page IIIB-39 . 5-105 City of Los Angeles June2013 subregion (p. IV.L-22). However, the "proposed" project includes no assurances that any of the project's 2,923 new residents would be employed locally, nor that any of the project's 1, 13 5 new units would be affordable to current employees of the Port or other nearby institutional or private employers. Response to Comment No. AS-15 The comment presents an opinion about whether the project's unit counts and population would be beneficial. The Draft EIR does not make assumptions about particular locations where Project residents would in fact be employed. With respect to jobs-housing balance, the information presented in the Draft · EIR (see p. IV.L-22), as noted in the comment, is measured at the scale of the City of Los Angeles subregion, because that is the only geography for which there are existing adopted planning policies. Given the scale of this subregion (i.e., the entire City of Los Angeles, the City of San Fernando, plus various unincorporated areas and federal government property), it is reasonable to assume that most employed Project residents would work within that geographic area. The wide range of housing types in the Proposed Project, ranging from detached single-family to apartments and including both for-sale and rental units, also indicates a range of housing prices that would be consistent with demand in the housing market surrounding the Project Site. Unlike SCAG and its system of subregions, the City of Los Angeles does not have any official policy with respect to jobs-housing balance within the City or any of its Community Plan areas, including the Wilmington-Harbor City Community Plan. Accordingly, there is no basis for making a significance determination with respect to the Project's impact on a "local" jobs- housing balance. See also Response to Comment A8-3 for additional discussion of this topic. Comment No. AS-16 9) The discussion of Public Services-Schools impacts concludes that, based upon LAUSD estimates, sixty-eight (68) children residing in the "proposed" project are expected to attend Dodson Middle School in the City of Rancho Palos Verdes at any given time (Table IV.M-8). Although LAUSD may represent the Dodson campus as being well under capacity, it is the City's and the surrounding residents' actual experience that the current level of enrollment at Dodson results in significant noise, traffic and other nuisance impacts (i.e., trash, graffiti, etc.) in the surrounding Rolling Hills Riviera neighborhood. We suspect that the addition of even sixty-eight (68) more students to the campus population will have significant adverse impacts upon the Rolling Hills Riviera neighborhood. Response to Comment No. AS-16 The comment presents concerns regarding existing neighborhood impacts associated with the operation of the Los Angeles Unified School District's (LAUSD) Dodson Middle School and the potential of the Project to exacerbate these impacts. According to the Draft EIR's analysis, sufficient capacity currently exists at Dodson Middle School to accommodate the number of students estimated to be generated by the Project. Thus, it is the responsibility of the LAUSD to operate Dodson Middle School in such a manner as to ameliorate the types of impacts described by the comment, including noise, trash, graffiti, and traffic. Any traffic or traffic-related noise impacts associated with Project-related student attendance at Ponte Vista Project Final Environmental Impact Report IIJ.B Responses to Comments -Individual Responses Page IIIB-41 5-106 City of Los Angeles June2013 Dodson Middle School are included in the analysis of those environmental topics in the Draft BIR, as the environmental baseline for these impacts includes current enrollment and use patterns at Dodson. The "nuisance impact" allegations related to the behavior of 68 students (e.g., noise, trash, graffiti) are speculative and therefore are not addressed in the Draft BIR. Further, given the relatively close proximity of the Dodson Middle School to the Project Site, it is possible that some students would walk to school rather than be transported in a private vehicle. Thus, the traffic generated by the middle school students related to the Project is considered to be relatively minor. In conclusion, given the uncertainty of the actual attendance location for Project-related middle school students, as well as the relatively small number of vehicle trips generated by these middle school students, the Traffic Study in the Draft BIR appropriately assigned the middle school related trips to the regional street system consistent with the overall assignment of Project-related traffic. Nonetheless, the comment is acknowledged for the record and will be forwarded to the decision-making bodies for their review and consideration. Comment'No. AS-17 10) The discussion of Public Services-Recreation impacts concludes that the impact of the "proposed" project will be less than significant as the result of the payment of Quimby fees to the City of Los Angeles, and the provision of 4.1 acres of publicly-accessible parks and open space, and 16.5 acres of private parks, landscaping and recreational amenities. The City of Rancho Palos Verdes respectfully notes, however, that the nearest public park to the project site is Rancho Palos Verdes' Eastview Park, located at 1700 Westmont Drive (Figure IV.M-4). The payment of Quimby fees to Los Angeles will do nothing to offset impacts to nearby Rancho Palos Verdes park facilities from future project residents. Furthermore, since Alternatives C and D no longer contain a public park, we believe that the project's off- site recreational impacts will be significant and should be more fully assessed in the DEIR. Response to Comment No. AS-17 The comment is correct to note that Eastview Park in the City of Rancho Palos Verdes is the closest neighborhood park to the Project Site. The currently Proposed Project (830 units) would result in an estimated population of 2,222 persons at the Project Site, as described on page VI~83 of the Draft BIR. As presented in Table IV-10 of the Draft BIR, the current Proposed Project (830 units; Draft BIR Alternative C) would contain 20.5 total acres of open space and recreational amenities, including 8.1 acres of dedicated park area and outdoor recreational spaces. The majority of this space would be reserved for the use of Project residents and their guests, although pedestrian access would be provided to the general public. Based upon the City's Public Recreation Plan neighborhood park area goals, the Project would exceed its generated private (non-rental) neighborhood park need by 4.1 acres, but would create a net unmet 0.3-acre demand for publicly accessible neighborhood park area. Although the Project would provide other passive open space and landscaped common area amenities that would bring the overall on-site open space acreage to 20.5 acres and would provide additional indoor recreational amenities (fitness rooms, etc.) to residents of both the public and private portions of the Project, it is likely that the majority of the Project-generated need for recreational facilities will be met Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page Jll.B-42 5-107 City of Los Angeles June 2013 on-site. Nonetheless, the Draft EIR acknowledges (at page VI-93) that the net unmet demand for publicly accessible neighborhood park area would result in an increased demand at other neighborhood and community parks within the surrounding area. It is not possible with any degree of certainty to ascertain which specific parks this additional demand would affect, although it is likely that at least some of this usage would occur at Eastview Park in the City of Rancho Palos Verdes. The comment is correct that the payment of Quimby Fees and DUCT fees by the Project Applicant would go to the City of Los Angeles for improvement of park areas throughout the City and would not contribute to the improvement and/or expansion of park facilities in the City of Rancho Palos Verdes, including Eastview Park. However, it is speculative to assume that future Project residents would use Eastview Park for their recreation to such an extent that the park would suffer from overcrowding. If the City of Rancho Palos Verdes believes that residents of the City of Los Angeles, both now and in the future, are using its park and recreational facilities to such an extent that they are being degraded, the City has the ability to limit such usage by restricting use of its facilities to residents of Rancho Palos Verdes. Nonetheless, the comment is acknowledged for the record and will be forwarded to the decision-making bodies for their review and consideration. Comment No. A8-18 I I) The discussion of Transportation and Traffic impacts (Section IV.N) raises several issues of concern to the City: a) Vehicular access to and from Mary Star of Sea High School will be maintained through the project site, but will be shifted from its current access point at the Green Hills Drive intersection to the A venida Aprenda intersection. A queue analysis needs to be conducted to justify the appropriate increase to the existing left-tum pockets on Western Avenue at the Green Hills Drive and A venida Aprenda intersections. Response to Comment No. A8-18 Project Design Features are described beginning on Page IV.N-46 of the Draft EIR. As noted on Page IV.N-47 of the Draft EIR, the length of the southbound left tum pockets on Western Avenue at intersections serving the Project Site would be modified as needed based on the forecast left-tum movement. Note that the final design of the left-tum pockets will be determined as part of the permit process related to construction of the improvements. Comment No. A8-19 b) The project is proposing left-tum signal phasing at the intersections of Western Avenue at Green Hills Drive and A venida Aprenda as a project feature. Prior to approval, the applicant must provide justification for appropriate left-tum phase sequencing to maximize operational benefits while minimizing safety impacts. Ponte Vista Project Final Environmental Impact Report IIJ.B Responses to Comments -Individual Responses PageJJJ.B-43 5-108 City of Los Angeles June 2013 Response to Comment No. AS-19 See Response to Comment A8-18 regarding Project Design Features. Left turn phasing is not required at the Western A venue intersections serving the Project Site, but is proposed as a project feature. Design issues such as timing and sequencing are determined as part of the permit process related to the construction of the improvements. Comment No. AS-20 c) On page 55 of the traffic study, the reports states that certain improvements have been implemented along Western A venue as a result of the Western Corridor Improvement Project Plan. To date, none of the improvements, as recommended by this study, have been implemented. Response to Comment No. AS-20 Pages IV.N-14 and IV.N-15 of the Draft EIR describe the Western Avenue Task Force. As noted in the Draft EIR, the recommendation in the Western Avenue Task Force report to coordinate and synchronize traffic signals along Western Avenue has already been completed.9 Comment No. AS-21 d) Removal of the raised concrete median at various intersections along Western A venue poses a huge safety concern. There is existing evidence of operational issues at many of these intersections, especially the left-tum movements. Removing the raised concrete median nose opens the opportunity for other safety-related concerns. Please provide an alternative to striping for safety purposes. Response to Comment No. AS-21 The comment refers to mitigation measures TRANS-5, TRANS-8 and TRANS-9 described on pages IV.N-161 and IV.N-162 of the Draft EIR. The comment does not provide or reference the "evidence" of existing operational issues at these intersections associated with left-tum movements, nor how removal or modification of the medians would adversely affect these conditions. Note that the final design of the left-tum lanes, including modifications of the raised medians, is to be determined as part of the permit process related to construction of the improvements. For TRANS-8 (Western Avenue/Westmont Drive) and TRANS-9 (Western Avenue/Capitol Drive), the concept plans of the recommended traffic mitigation measures contained in the Traffic Study appendices indicate a removal of the existing raised median on Western Avenue, but provide a four-foot wide "nose" on both the north and south legs of Western Avenue adjacent to the left-tum lane, which may be utilized 9 Caltrans, District 7, "Inside Seven", April 2013 issue. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses PageI/lB-44 5-109 City of Los Angeles June2013 as a striped median, or a raised concrete median. The final design of the median noses (i.e., striped or raised concrete) at the affected intersections will be determined by Caltrans. For TRANS-5 (Western Avenue/Palos Verdes Drive North), the concept plan in the Traffic Study shows removal of the raised median on the south leg of the intersection. If required by Caltrans, a raised median could be provided through modification of travel lane widths. Comment No. AS-22 e) The City is concerned about the retention of the wide northbound No. 2 lanes that invite motorists to create a third travel lane. With the project distributing and attracting approximately 60% of the project trips from the north and approximately 30% of project trips from the south along Western A venue, there is a potential for many vehicles to attempt to avoid the traffic in the striped travel lanes and utilize the wide shoulder area to create a third lane. This pattern exists today. Response to Comment No. AS-22 The comment appears to assert that the existing physical condition of Western A venue south of the Project Site facilitates the potentially unsafe and illegal use of the shoulder area as a de facto traffic lane. Further, the comment appears to assert that the Project may lead to an increase in this undesirable motorist behavior. See Topical Response 2 for a discussion of the analysis of traffic impacts due to the Project as evaluated in the Draft EIR. For intersections along Western Avenue, the Draft EIR determines either: 1) the Project-related impact is less than significant; or 2) the impact of the Project is significant, but can be mitigated to less than significant levels based on implementation of the recommended mitigation measures. In both cases, the effect of the Project on Western A venue intersections is such that the levels of congestion that might induce motorists use the shoulder areas as traffic lanes would be no different than pre-Project conditions, and therefore, it is reasonable to conclude that the Project would not cause a noticeable increase in such undesirable behaviors. Although the Project improvements would add a third travel lane to Western Avenue adjacent to the Project Site, the potential for motorists to utilize the shoulder both north and south of the Site on Western Avenue would remain unchanged. Comment No. AS-23 12) It is the City's understanding that the conveyance of wastewater from the "proposed" project will be via a connection to the City of Los Angeles' sewer system within the right-of-way of Taper A venue (p. IV.0-25), not via the former connection to the Los Angeles County Sanitation Districts' Western Avenue Pumping Plant (WAPP) in the City of Rancho Palos Verdes. We presume that this will also be the case in any of the alternatives to the "proposed" project. The City of Rancho Palos Verdes is concerned that any proposal or alternative that might continue to utilize the former WAPP connection for this site could place a burden upon the County sewer system that serves the City's residents. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-45 5-110 City of Los Angeles June 2013 Response to Comment No. AS-23 See Response to Comment A2-l. As evidenced by the LACSD "will serve" letter (see Appendix C), the existing LACSD facilities, including the adjacent WAPP facility, have adequate sewer conveyance and treatment capacities to serve the Project (and each of the Project alternatives) should the Project Applicant ultimately decide to utilize LACSD for wastewater service for the Project. At this time, however, the Applicant intends for the Project to be served by City of Los Angeles Bureau of Sanitation sewer conveyance and treatment facilities. Comment No. AS-24 13) The DEIR identifies significant unavoidable impacts in the areas of operational air emissions and construction-related air quality, noise and vibration impacts (p. V-1). Residents in Rancho Palos Verdes' Rolling Hills Riviera neighborhood are likely to feel the brunt of these impacts, being the nearest single- farnily residential neighborhood to the project site. It hardly seems equitable that the City of Los Angeles will reap the benefits (if any) of the "proposed" project while the residents of the City of Rancho Palos Verdes will be forced to live with its day-to-day impacts upon their lives. Response to Comment No. AS-24 This comment incorrectly characterizes the Project's significant and unavoidable impacts. As summarized on page V-1 of the Draft EIR, construction-related air emissions would be less than significant. With respect to Project noise and vibration construction impacts on the Rancho Palos Verdes' Rolling Hills Riviera neighborhood, it should be noted that construction-related noise and vibration impacts would be a relatively short-term nuisance and would not have a long-term impact on the neighborhood. Additionally, and contrary to the comment, residents of Los Angeles would also experience such impacts on a short-term basis, as described in the Draft EIR. Mitigation Measures N0-1 to N0-8 would ensure that these impacts would be reduced to the maximum extent feasible. The only off-site significant and unavoidable operational impact of the Project described in the Draft EIR is regional air quality emissions. These emissions are primarily associated with the operation of mobile vehicles, are typical for a residential project of this size, and there is no feasible mitigation to reduce these emissions to a less than significant level. It should be noted that the significant and unavoidable operational air quality emissions for the Project would exceed the SCAQMDs regional thresholds of significance. Thus, these air quality emissions would be released over a large geographic area and associated network of roadways. Localized automobile emissions generated by the Project were evaluated at potential CO hotspot locations, including intersections near the Rancho Palos Verdes' Rolling Hills Riviera neighborhood along Western Avenue. The Draft EIR concluded that localized CO hotspot impacts would be less than significant for all sensitive receptors near the following studied intersections: Western Avenue and Palos Verdes Drive North (Intersection No. 15), Western Avenue and Peninsula Verde Drive (Intersection No. 16), and Western Avenue and Westmont Drive (Intersection No. 20). Thus, all studied intersections in the Draft EIR were determined to have less than significant impacts Ponte Vista Project Final Environmental Impact Report IIJ.B Responses to Comments -Individual Responses Page IJJ.B-46 5-111 City of Los Angeles June 2013 with respect to CO hotspots, and localized operational air quality impacts would be less than significant for the Rancho Palos Verdes' Rolling Hills Riviera neighborhood. Also, as described in Section I of this Final EIR, the Applicant is now proposing the development of reduced density Alternative C, rather than the original Proposed Project, in response to public comments. If Alternative C is ultimately developed rather than the Project, operational air quality impacts would be reduced. Specifically, Alternative C would involve development of a project similar to the Proposed Project on the site, however the total number of residential units would be reduced from 1,135 to 830. Alternative C is expected to generate 5,788 trips during a typical weekday and 5,781 trips during a typical Saturday, representing approximately 22 and 30 percent reductions (respectively) compared to the original Project. Because Alternative C would generate fewer vehicle trips than the Project, it would also generate fewer average daily emissions. As illustrated in Tables VI-5 and VI-6 of the Draft EIR, although Alternative C would reduce air quality emissions and nearly eliminate the Project's ROG impact, regional operational emissions would remain significant for Alternative C, although reduced compared to the original Project. Comment No. AS-25 The discussion of Alternatives to the Proposed Project (Section VI) raises several issues of concern to the City: a) As mentioned in Comment 1 above, the City of Rancho Palos Verdes is concerned that the DEIR primarily analyzes the impacts of a "proposed" project that the project proponent is not interested in pursuing, and provides only a cursory assessment of the developer's preferred proposal(s) in the discussion of alternatives. We believe that this approach is needlessly confusing and does not serve to improve the transparency of the development review process for the Ponte Vista project. Response to Comment No. AS-25 See Response to Comment A8-1 for a discussion of the format and analysis of the Project and alternatives in the Draft EIR. Comment No. AS-26 b) With respect to Alternatives A and B, the City of Rancho Palos Verdes is dismayed to learn that it would be the project proponent's intent to revoke the access currently provided to Mary Star of the Sea High School under these development scenarios. We believe that this simply a mean-spirited attempt by the project proponent to diminish the feasibility and community acceptance of these alternatives to the "proposed" project. Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page III.B-47 5-112 City of Los Angeles June 2013 Response to Comment No. AS-26 As noted in the Draft EIR (pages VI-8 and VI-13), the responsibility for securing vehicular access to Mary Star of the Sea High School rests with the Archdiocese. The Project Applicant is under no obligation to construct an improved, permanent access from Western Avenue across the Project Site for the school. Alternative A in the Draft EIR is a no project, no development alternative, and the Applicant is contractually obligated to remove all existing Navy-constructed improvements from the site, including the street network. It is certainly possible under this alternative that Mary Star of the Sea High School could enter some arrangement with the Applicant to secure the property needed for the access road; however, this is not an obligation that has been placed on the property owner of the Ponte Vista site and thus cannot be assumed as part of the no project, no development alternative. With respect to Alternative B in the Draft EIR, the rationale for eliminating the access road is presented on page VI-13. Inclusion of the access road would result in the elimination of approximately 30 single family home sites from the site plan, which would further reduce the feasibility of an already potentially economically infeasible (due to the estimated sale price of the homes) plan. For this reason, the access road was eliminated from the alternative. As noted above, the Project Applicant is under no obligation to provide the access. Comment No. AS-27 c) With respect to Alternatives B, C and D, the City is similarly dismayed to learn that it would be the project proponent's intent to eliminate the public park and other public-accessible site amenities under these development scenarios. As mentioned above, we believe that the elimination of the public park from the "proposed" project will have adverse impacts upon Rancho Palos Verdes' Eastview Park. Again, thank you for the opportunity to provide comments on this important project. If you have any questions or need additional information, please feel free to contact me at (310)-544-5226 or via email at kitf@rpv.com. Response to Comment No. AS-27 The discovery of the potential geologic constraint to development across the central portion of the Project Site made inclusion of the larger public park infeasible for Alternatives B, C, and D. Instead, Alternatives C and D incorporate an approximately equivalent amount of park and open space area throughout the site. Although most of this area would only be fully accessible to Project residents, each alternative does retain the landscaped perimeter open space area that would include a walking/jogging path surrounding the property. This area would be accessible to the general public. In addition, the interior park and open space areas within the Project would be accessible to pedestrians. Due to the need to evaluate the effects of Mitigation Measure GE0-5 on a development plan with 1,135 units, Alternative B could not feasibly Ponte Vista Project Final Environmental Impact Report Ill.B Responses to Comments -Individual Responses Page IIIB-48 5-113 City of Los Angeles June 2013 provide an equivalent amount of public park and open space area. See also Response to Comment A8-l 7 for a discussion of the Project's parkland impacts. LETTER NO. 09-CALIFORNIA DEPARTMENT OF TRANSPORTATION (CAL TRANS) Department of Transportation District 7, Office of Transportation Planning IGR/CEQA Branch Dianna Watson IGR/CEQA Program Manager 100 Main Street, MS # 16 Los Angeles, CA 90012-3606 Comment.No. A9-1 The California Department of Transportation (Caltrans) has reviewed the Transportation and Traffic section of the Draft Environmental Impact Report (DEIR) prepared for the proposed Ponte Vista development. The proposed project consists of the development of a residential community comprised of 1,135 dwelling units featuring a combination of for-sale and rental single-family homes, duplexes, townhomes, and flats. The proposed project site location is the former U.S. Navy San Pedro Housing complex and is bordered by Western Avenue (State Route 213) to the west. Response to Comment No. A9-1 This comment is an introduction and does not state a specific concern or question regarding the adequacy of the Draft EIR in identifying and analyzing the environmental impacts of the Project. The comment is acknowledged for the record and will be forwarded to the decision-making bodies for their review and consideration. Comment No. A9-2 Based on the traffic information included in the DEIR, we have the following comments: The proposed project is estimated to generate approximately 7468 average daily weekday trips with 570 occurring during the AM peak hour and 700 during the PM peak hour. As these trips are distributed and assigned to the surrounding roadway network, they are projected to significantly impact various intersections along Western Avenue (State Route 213) and Pacific Coast Highway (State Route 1). The traffic study report recommends mitigation improvements on Western Avenue at the following intersections: Lomita Avenue (TRANS-3), Pacific Coast Highway (TRANS-4 and TRANS 15), Palos Verdes Drive North (TRANS-5), Peninsula Verdes Drive (TRANS-6), Fitness Drive (TRANS-7), Westmont Drive (TRANS-8), Capitol Drive (TRANS-9), Summerland Avenue (TRANS-10). Ponte Vista Project Final Environmental Impact Report III.B Responses to Comments -Individual Responses Page IIIB-49 5-114 Excerpts from FEIR for Ponte Vista project: Corrections and Additions to Draft EIR (Section IV) 5-115 IV. CORRECTIONS AND ADDITIONS TO THE DRAFT EIR INTRODUCTION This section presents corrections and additions that have been made to the text of the Draft EIR. These changes include revisions resulting from responses to comments and others that are necessary to provide clarifications to the project description and analysis and to correct non-substantive errors. The revisions are organized by section and page number as they appear in the Draft EIR. Text deleted from the Draft EIR is shown in strikethrough, and new text is underlined. For corrections resulting from a response to a . comment on the documents, references refer to the comment letter number and name of commenter. Table of Contents 1. Page viii under List of Figures, revise the title of Figure VI-1 to read: Figure VI-1, Conceptual Site Plan -Alternative B (No Projeet Alternativ:e/Single- Family Homes) ......................................................................................................................... VI-11 Section I Introduction/Summary 2. Page I-7, the bottom paragraph is revised to read: The discretionary land use approvals necessary for the Project include the following: (1) a General Plan amendment; (2) a Zone Change and Specific Plan are proposed to provide zoning, architectural, landscape and streetscape standards to guide the project's development (at residential densities ranging from 11 dwelling units per acre to approximately 34 dwelling units per acre, the project will fall within the City of Los Angeles' Low-Medium I, Low-Medium II and Medium General Plan Land Use Designations)1; and (3) a Vesting Tentative Tract Map, and (4) a Development Agreement. The project is anticipated to be completed within five years of the time construction has commenced. 3. Page I-10 the paragraph under the heading "E. ALTERNATIVES" is revised to read: In order to provide informed decision-making in accordance with Section 15126.6 of the CEQA Guidelines, this Draft EIR considers a range of alternatives to the Project. The Draft EIR analyzes the following alternatives: (A) No Project Alternative/No Development; (B) No Projeet Alternative/Single-Family Homes; (C) Staff Recommendation/Reduced Density; and (D) Revised By way of comparison, the City of Los Angeles' medium-density multiple family residential zoning category, "R3", permits approximately 54 units per acre, while the City's lower density multi-family residential category, "RU 1.5", permits approximately 28 units per acre. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-I 5-116 City of Los Angeles June 2013 Site Plan. Each alternative is described in full in Section VI, Alternatives to the Project, of this DraftEIR. 4. Page 1-10 the heading and paragraph describing Alternative Bare revised to read: Alternative B: Na Prajeet AlterB:ative/Single-Family Homes Alternative B presumes that the Project Site would be redeveloped according to existing zooing and General Plan designatioo allowed l:lses and densities in order to maximize the number of single-family residences at the site. Taking site planning considerations into account, including the required seismic setback, approximately 3 85 single-family homes could be developed on the Project Site under the site's existing Rl zoning and Low Residential General Plan designation. Such a site plan would require that the existing 9 .3 acres of Open Space zoning and land use designation on the Project Site be eliminated. Alternative B would not include a 2.8-acre public park or an access road to Mary Star of the Sea High School from Western A venue. 5. Table 1-1, Executive Summary of Project Impacts, Mitigation Measures, and Impacts After Mitigation -The table's "Required Mitigation Measures" column will be modified to include the changes, revisions, and additions of the mitigation measures identified below for Air Quality, Biological Resources, Noise, and Transportation/Traffic. Section II Project Description 6. Page 11-2, Table 11-1 is revised as follows: 5,6 Row Houses 516 0 262 262 ~23/27 5.9 1,320 2.5 Allev Loaded 7 Apartments 7 392 0 392 ~34 43.5 975 1.5 Walk-Up; Alley Loaded 7. Page 11-17, the following is added to the end of the second full paragraph: The Project would also provide an emergency access only lane connecting the new roadway across the Site's southern portion with the southern property boundary adjacent to the off-site Seaport Village development. All non-emergency vehicular access would be prohibited. 8. Figure 11-10, Proposed Land Use Plan, is revised to remove the text paragraph discussing the Development Agreement under the heading "Requested Entitlements". 9. Page 11-34, the last full paragraph is revised as follows: While the Project Applicant intends to complete Project construction by the end of 2017, it is at least possible that the Project might not be completed until as late as 2027 due to the potential utilization of extensions that are available to the Applicant through the Vesting Tentative Tract Map process. As Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page!V-2 5-117 City of Los Angeles June 2013 noted below, the Project Applicant requests approval of a Development Agreement (DA) which would confer on the Project Applicant a vested right to develop the Project throughout the term of the agreement. It is 6*pected that the DA would be approved in 2013 and that the term of the agreement v10uld be for a period of 15 years, thus e1tpiring in 2027. Due to the possibility of an extended Project buildout during the DA period, an "Extended Buildout Analysis" is addressed briefly under each of the environmental issue discussions in Sections IV and VI of this Draft EIR for both the proposed Project and the alternatives to the proposed Project. . 10. Page II-37, the fifth bullet under the "F. Discretionary Actions" section heading is revised as follows: • De·,zelopment Agreement bet\veen the project de'+reloper and the City of Los Angeles in order to provide reasonable assurances and certainty to the developer concerning applicable regulations while providing the City of Los Angeles with public benefits; Section III Environmental Setting 11. Page III-2, the second footnote is revised as follows: An "Extended Buildout Analysis" is also addressed throughout this Draft EIR in order to account for the possibility that completion of the Project does not occur until as late as 2027, or the ending year of the De>relopment Agreement being requested by the Project Applicant. Section IV.B Aesthetics 12. In response to Comment Letter No. A8 (City of Rancho Palos Verdes), page IV.B-19, fourth and fifth paragraphs are revised to read: '.:fwe--A._single-family residential areas neighborhood within the City of Rancho Palos Verdes known as Rolling Hills Riviera is are located on the west side of Western A venue, across from the Project Site, and to the south of Green Hills Memorial Park. For purposes of this analysis, the Rolling Hills Riviera neighborhood can be divided into two parts based on their respective elevations relative to the Project Site. The first of these neighborhoods areas is located along Redondela Drive, Palondra Dri·,zePalmeras Place, Tarrasa Drive, and Avenida Feliciano and is situated at a lower elevation than either Green Hills to the north or the adjacent neighborhood portion of the Rolling Hills Riviera neighborhood to the south. Views of and across the Project Site from this neighborhood area are limited due to the north-south orientation of most of the homes and the low elevation of the area. A few homes along the east side of Tarrasa Drive and Palondra DrivePalmeras Place border Western A venue and thus would have partial direct views of the Site's western frontage. These views are blocked to some degree by the embankment along which Western Avenue ascends the slope to the north. Where the Project Site is visible, views largely consist of the chain-link fence along its Western Avenue frontage, scattered trees, and portions of the abandoned duplexes. A few homes along Palondra Dri·,zePalmeras Place have Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR PageIV-3 5-118 City of Los Angeles June2013 limited views of the riparian vegetation on-site. No views across the Project Site to areas beyond are available from this neighborhood lower elevation portion of the Rolling Hills Riviera neighborhood. The second neighborhood part of the Rolling Hills Riviera neighborhood to be considered is located west of Western Avenue and south of the Redondela/Feliciano neighborhood area discussed above. This neighborhood is Homes in this area are located on a sloping hillside along A venida Aprenda and Pontevedra Drive and is are situated at a substantially higher elevation (between 200 and 375 feet above sea level) than the Project Site (approximately 180 feet above sea level). Although most of the homes in this neighborhood area are oriented north-south and therefore do not directly overlook the Project Site, the backyards of some homes along Pontevedra Drive and the lower portion of A venida Aprenda have direct northeasterly views of an~ across the Project Site. These views include the riparian vegetation on-site as well as portions of the abandoned housing complex. To the north, the hillside along the Site's northern boundary with the DFSP is visible as a low ridgeline. Due to topography, no views north onto the DFSP itself are available from this area. Views to the east across the Project Site to the harbor area are not generally available from homes in this neighborhood area due to their principal north-south orientation as well as to the visual blockage provided by the Seaport Homes and Casa Verde Apartment complexes adjacent to the Site's southern boundary. A representative view from this portion of the Rolling Hills Riviera neighborhood is shown in Figure IV.B-12. 13. In response to Comment Letter No. A8 (City of Rancho Palos Verdes), page IV.B-20, the first sentence of the last paragraph is revised to read: Direct views of the Site's frontage along Western Avenue are also available from portions of A venida Aprenda, Tarrasa Drive, Redondela Drive, and Palondra DriYePalmeras Place to the west. 14. In response to Comment Letter No. A8 (City of Rancho Palos Verdes), page IV.B-47, the third sentence of the last paragraph is revised to read: Private view locations consist of single-family residences located along portions of Tarrasa Drive, Redondela Drive, and Palondra Dfr1ePalmeras Place to the west of Western A venue. 15. Page IV.B-69, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide vrith the anticipated eKpiration of the term of the DeYelopment Agreement (Df..) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-4 5-119 City of Los Angeles June 2013 Section IV.C Air Quality 16. Page IV.C-50, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antieipated eJrpiration of the tenn of the Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 17. In response to Comment Letter No. A12 (South Coast Air Quality Management District), the following additional mitigation measures have been added to Section IV.C, Air Quality, of the Draft EIR: AQ-3: The Project shall provide electric outlets on residential balconies and common areas for electric barbeques to the extent that such uses are permitted on balconies and common areas per the Covenants, Conditions and Restrictions recorded for the property. AQ-4: The Project shall use electric lawn mowers and leaf blowers, and electric or alternatively fueled sweepers with HEP A filters, for maintenance of the Project. Section IV.D Biological Resources 18. Page IV.D-51 under the heading "Project Design Features" is revised to read: To this end, the following Project Design Feature§. has have been identified for the Proposed Project: 19. In response to Comment Letter No. BIOi (Carrolle, Victoria and John), the following additional Project Design Feature has been added to Section IV.D, Biological Resources, of the Draft EIR (at page IV.D-51): Prior to the start of demolition activities at the Project Site, the Project Applicant shall contract with a pest control/pest extermination company to perform a survey of potential rodent issues on the Project Site. This survey will consist of setting traps for a period of time to establish whether or not a rodent problem exists. If a rodent problem is found, remediation shall begin approximately one month prior to the start of any demolition. 20. Page IV.D-55, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antieipated eKpiration of the tertn of the Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR PageIV-5 5-120 City of Los Angeles June 2013 Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 21. In Mitigation Measures BI0-1 through BI0-4, all references to the California Department of Fish and Game or "CDFG" are revised as follows: California Department of Fish and Game-Wildlife CDFGW Section IV.E Cultural Resources 22. Page IV.E-15, the first sentence of the paragraph under the sub-heading "Extended Buildout Analy!?is" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide •.vith the antieipated eKpiration of the tenn of the DeYelopment Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 23. Page IV.E-22, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antieipated eKpiration of the tenn of the Development Agreement (D:A) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 24. Page IV.E-35, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide vrith the antieipated eKpi-ration of the tenn of the Dev•elopment Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.F Geology and Soils 25. In response to Comment Letters No. All (U.S. Department of the Navy) and A13 (U.S. Defense Logistics Agency), the following Project Design Feature has been added to Section IV.F, Geology and Soils, of the Draft EIR (at page IV.F-22): Ponte Vista Project Final Environmental Impact Report JV. Corrections and Additions to the Draft EIR Page!V-6 5-121 City of Los Angeles June 2013 No Project Design Featl:li'es relating to potential impacts with respect to geology and soils have been identified for the Proposed Project The following Project Design Feature pertaining to geology and soils has been identified for the Proposed Project: • The Project Applicant shall confer with the Navy and/or Defense Logistics Agency, as operators of the Defense Fuel Support Point (DFSP) facility, with respect to potential slope-stability-related impacts to the integrity of DFSP tanks, piping, and other infrastructure, during Project construction. 26. Page IV.F-30, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to coincide with the anticipated Mpi-ration of the term of the Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.G Greenhouse Gas Emissions 27. Page IV.G-26, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to coincide ·.vith the anticipated expiration of the term of the Development A.greement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.H Hazards and Hazardous Materials 28. In response to Comment Letter No. A15 (Northwest San Pedro Neighborhood Council), the Project Design Feature under Section IV.H, Hazards and Hazardous Materials, of the Draft EIR (at page IV.H-21) is revised to read: Prior to the initial occupancy of any residential unit in the Project, the Project Applicant would submit an emergency response plan for approval by the Los Angeles Fire Department (LAFD). The emergency response plan will include but not be limited to the following: mapping of emergency exits, evacuation routes for vehicles and pedestrians, location of nearest hospitals, and fire departments. In developing the emergency response plan, the Project Applicant shall consult with neighboring land uses, including but not limited to the U.S. Navy Defense Fuel Support Point (DFSP), the ConocoPhillips Refinery, Rancho LPG, the Port of Los Angeles, the City of Rancho Palos Verdes, and Mary Star of the Sea High School. 29. Page IV.H-42, the second sentence of the last paragraph is revised as follows: Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page/V-7 5-122 City of Los Angeles June 2013 Emergency access to the Project Site (police, fire, and ambulance) would be provided by the two ingress/egress points on Western Avenue that would also provide general site access, as well as via an emergency-only lane connecting the southern Project roadway to the southern site boundary adjacent to the off-site Seaport Village development. 30. Page IV.H-43, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide '.Vith the antieipated eJl:f)ira-tion of the term of the Dev=elopment A.greement (DA:) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.I Hydrology and Water Quality 31. Page IV.I-56, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by I 0 years to eoineide with the antieipa:ted expiration of the term of the Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.J Land Use and Planning 32. Page IV.J-8, second full paragraph is revised to read: The Project Site is presently designated a combination of "Low Residential" and "Open Space" in the Community Plan. The majority of the property is designated "Low Residential." An estimated 9.+J acres of the northwestern earner of the site, generally parallel to its northern boundary with (along Western AYen-ae and adjaeent to the U.S. Navy's DFSP property:) is designated "Open Space." 33. Page IV.J-13, first paragraph under the "OS-IXL" heading is revised to read: 2 An estimated-9:-1-9.3 acres of the northwestern comer of the Project Site (along Western Avenue and adjacent to the U.S. Navy's DFSP property) is zoned OS-IXL.2 Generally, the City's Open Space zone is used to identify public, recreational, park, or natural resource land. At the time the Estimated using City of Los Angeles Zoning Information and Map Access System (ZIMAS), website: http://zimas.lacity.org/, August 29, 2011. Ponte Vista Project IV. Corrections and Additions to the Draft EIR Page IV-8 Final Environmental Impact Report 5-123 City of Los Angeles June 2013 Project Site was annexed to the City of Los Angeles in 1980, it was fully developed with a Navy Housing complex (under public ownership). No portion of the Project Site was identified as a recreational, park, or natural resource area. 34. Page IV.J-17, the first paragraph is revised to read: The Project is also located adjacent to the Navy DFSP, which is a fuel and oil storage facility. Fuel storage facilities at the DFSP primarily consist of underground tanks, with fuel transfer accomplished largely through delivery via pipeline. Beea-use the bulk of the faeilities are loeated l:lflderground, the property, although off limits to the publie, funetions in some aspeets as open spaee, ineluding providing proteeted habitat to the threatened Palos Verdes Blue Butterfly and visually natural, open spaee views for the eommunity.'"° Other loading facilities at the DFSP are located away from the Project Site along Gaffey Street to the east. Fuel and oil storage is a passive aetivity. The risks and potential health hazards associated with the adjacent DFSP are addressed in Sections IV.C (Air Quality) and IV.H (Hazards and Hazardous Materials) of this Draft BIR. 35. Page IV.J-18, first sentence of bottom paragraph is revised to read: An estimated 94 9.3 acres of the northwestern corner of the Project Site (along Western Avenue and adjacent to the U.S. Navy's DFSP property) is zoned OS. 36. In response to Comment Letter No. A15 (Northwest San Pedro Neighborhood Council), the following discussion is added to page IV.J-55, above the "Impact Summary" subheading: Urban Design Principles The Proposed Project would incoi:porate each of the City's ten Urban Design Principles to varying degrees as follows: • Usable and Accessible Transit Areas: The Proposed Project would help to implement this principle through the creation of a network of pedestrian and bicycle paths both within the Project and connecting the Project with Western Avenue. In addition, the Project would provide a bus turnout lane on Western A venue and bus stop facilities at bus stops adjacent to the Project Site (see Mitigation Measure TRANS-27). Bicycle storage areas would also be provided at the Project Site, and the Project would also coordinate with local and regional transit operators to develop and implement strategies to increase transit use by Project residents (see Mitigation Measure TRANS-26), as well as coordinate with '"° Pales Verdes LaHd CeBservaRey, The Defefl:se Ftlel Sappert Paint aftd Nursery webpage: httmf!WWW:flYp~aaelsklf:spn7af!l?, aeeessed 10112112. Ponte Vista Project IV. Corrections and Additions to the Draft EIR Final Environmental Impact Report Page IV-9 5-124 City of Los Angeles June 2013 LADOT to potentially extend the existing San Pedro DASH route northerly on Western A venue to serve the Project Site (see Mitigation Measure TRANS-28). • Reinforce Walkability and Wellbeing: The Proposed Project would help to implement this principle through the creation of a network of pedestrian pathways throughout the site. including a walking/jogging path around the perimeter of the Project. These paths would connect to the existing sidewalk along Western Avenue adjacent to the site. Pedestrian access would also be provided along the new road across the site between Western A venue and Mary Star of the Sea High School. In addition, recreational facilities for the use of Project residents would be provided within each of the housing products in the Project. All of the pedestrian areas within the Project would be landscaped. • Bridging the Past and the Future: This principle is not directly applicable to the Project Site in that the local vicinity does not contain notable examples of historical architecture and/or historical areas. • Accentuate Visual Interest: The Project would establish detailed design guidelines within its Specific Plan with the purpose of creating a unified, appealing, and distinct visual presentation for the Project Site. These guidelines will address building facades, awnings, sign.age, architectural treatments, utilities, building setbacks, and other components of the Project, including pedestrian access. • Nurture Neighborhood Character: The Project Site is a relatively challenging location given its current isolation from surrounding land uses as well as the variety of contiguous land uses surrounding it. The Project would help to implement this design guideline by modulating development in different areas of the site, precisely to vary the density according to the context of the surrounding uses. Overall, density within the Project generally increases as one moves across the Project Site from north/northeast to south/southwest, with the lowest densities nearest the DFSP, Green Hills Memorial Park, and single-family residential communities west of Western Avenue and north of Avenida Aprenda. The Project would improve the connection of Mary Star of the Sea High School to the community, but would not provide direct connections to the multi-family developments to the south or the single-family neighborhood to the east. • Develop Street Furnishings: The Project would help to implement this guideline by establishing consistent guidelines through its Specific Plan for landscaping, streetscaping, paving materials, lighting, and benches along the public perimeter pathway and other walking paths. • Emphasize Early Implementation and Long Term Maintenance: This principle is not directly applicable to the Project, being directed primarily at City Planners. Nonetheless, Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-10 5-125 City of Los Angeles June2013. the Project's Specific Plan would ensure that all development at the site attains an approved standard. In addition, the Project would include a Homeowners' Association and CC&Rs to ensure maintenance of the site and Project roadways. • Stimulate Sustainability and Innovation: The Project would help to implement this guideline through both compliance with the City's Green Building Code and the implementation of Project Design Features, including biofiltration of storm.water runoff, drought tolerant landscaping. and accessibility to reclaimed water delivery infrastructure. • Improve Equity and Opportunity: The Project would help to partially implement this guideline by developing a range of housing product types oriented toward different segments of the market. • Generate Public Open Space: The Project would partially implement this guideline by providing a substantial amount of open space accessible to all residents of the Project as well as to the general public via pedestrian accessways, including a central recreation area and multiple park areas, as well as additional open space accessible to the general public. • Navigation, Connection, and Flow: The Project would help to implement this guideline by providing a network of walking, bicycle, and automobile circulation routes to be developed according to the design specifications in the Specific Plan. These routes would be signed, lighted, and treated with aesthetically consistent paving surfaces. It should be noted that few projects will be consistent with each of these principles. The Urban Design Principles recognize that areas and communities within the City have a variety of unique elements that do not necessarily apply throughout the City and therefore should not be uniformly applied throughout the City. As noted above, the Project is either partially or fully consistent with each of the applicable Urban Design Principles. However, the Project's partial inconsistency with some of these planning objectives does not mean that the Project is necessarily inappropriate for the Project Site, nor does it constitute an adverse environmental impact. Indeed, the Urban Design Principles are presented with the caveat that not every location within the City is an appropriate site for the utilization of these planning objectives. 37. In response to Comment Letter No. A15 (Northwest San Pedro Neighborhood Council), the following discussion is added to page IV.J-55, above the "Impact Summary" subheading: Walkability Checklist The Prooosed Proiect would incorporate each of the objectives presented m the City's Walkability Checklist to varving degrees as follows: Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR PageIV-11 5-126 City of Los Angeles June 2013 • Sidewalks: The Project would address this objective by providing pedestrian connections from the sidewalk along Western A venue to the proposed perimeter walking/jogging path surrounding the Project Site. Benches and other amenities would be provided within this landscaped public perimeter open space. Additional pathways would connect to the interior of the Project. • Crosswalks/Street Crossings: The Project would address this objective through its Specific Plan, which would contain guidelines for the design and placement of crosswalks and pedestrian/bicycle street crossings within the Project. • On-Street Parking: The Project would offer a limited amount of public, on-street parking along the proposed access road to Marv Star of the Sea High School. • Utilities: The Project would be consistent with this objective by placing all utilities underground and buffering aboveground utility extensions with landscaping. • Building Orientation: Although this objective is primarily oriented toward retail developments, the Project would partially address the concept by making building entrances visible from pedestrian pathways and providing direct pathways from the Project's interior to the transit stops on Western Avenue. The Project would also provide architectural continuity along the Western Avenue frontage. • Off-Street Parking and Driveways: Parking for the Project would primarily consist of off- street garages and understructure spaces. This parking would be virtually invisible from Western Avenue due both to Project buildings and landscaping. The Project would be generally consistent with this objective. • On-Site Landscaping: The Project would be consistent with this objective by incorporating extensive, visually interesting landscaping throughout the site, including over 3,000 new trees. Pedestrian pathways would be landscaped both within the Project itself and around the site's perimeter. • Building Facade: The Project's building design would include features intended to promote visual interest and diversity when viewed from public frontages. Views from the Western Avenue frontage into the Project interior would be available from the pedestrian pathway. Blank walls would be minimized and articulated massing would be incorporated into Project building design. The Project would be largely consistent with this objective. • Building Signage and Lighting: The Project would provide a consistent signage theme as specified in the Specific Plan. Lighting design and placement would also be similarly coordinated for the Project via the Specific Plan. Both would be consistent with this Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-12 5-127 City of Los Angeles June 2013 objective by being oriented to assist both pedestrians and automobile passengers and being "dark sky" compliant. Notwithstanding the discussion provided above, the objectives and goals included in the Walkability Checklist are not mandatory, and not every objective or goal would be appropriate for every project. The primary objective is to achieve t~e implementation of some of these objectives in every project, thereby improving pedestrian access, comfort and safety. As noted above, the Project is either partially or fully consistent with applicable items of the Walkability Checklist. However, the Project's partial inconsistency with some of these planning objectives does not mean that the Project is necessarily inappropriate for the Project Site, nor does it constitute an adverse environmental impact. Indeed, the Walkability Checklist is presented with the caveat that not every location within the City is an appropriate site for the utilization of each ophese planning objectives. 38. Page IV.J-55, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to coincide with the anticipated expiration of the term of the Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.K Noise 39. Page IV.K-29, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to coincide with the anticipated eJEpiration of the term of the Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 40. In response to Comment Letter No. AS (City of Lomita), the following mitigation measures in Section IV.K, Noise, of the Draft BIR (at page IV.K-33) have been revised as follows: N0-6 All construction truck traffic shall be restricted to truck routes approved by the City of Los Angeles Department of Building and Safety, which shall avoid residential areas and other sensitive receptors to the extent feasible. Prior to the commencement of construction at the Project Site, a meeting shall be held with appropriate representatives of the Cities of Rancho Palos Verdes, Torrance, and Lomita. The purpose of the meeting will be to designate truck routes for off-site load hauling vehicles and other construction-related vehicles. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-13 5-128 City of Los Angeles June 2013 N0-7 Two weeks prior to the commencement of construction at the Project Site, notification shall be provided to the immediate surrounding cities and off-site residential, school, and memorial park properties that discloses the construction schedule, including the various types of activities and equipment that would be occurring throughout the duration of the construction period. Section IV.M.1 Public Services -Fire Protection 41. In response to Comment Letter No. B151 (Morgan, Brett), the text of the Draft BIR on page IV.M-2 (bottom paragraph) has been revised as follows: In addition, backup support for fire protection services in the Project area is provided through an informal mutual aid agreement between the LAFD and the Los Angeles County Fire Department (LACFD). The decision as to which agency responds to a particular emergency in any service area is made on a case-by-case basis, based on the nature and location of the emergency, and the availability of fire protection equipment at the time.4 There are two LACFD fire stations within a two mile radffis the vicinity (as shown in Figure IV.M-1) of the Project Site: Station 6 located at 25517 S. Narbonne Avenue in Lomita (approximately two miles from the Project Site), and Station 83 located at 83 Miraleste Plaza in Rancho Palos Verdes (approximately M 2.6 miles driving distance from the Project Site). 42. In response to Comment Letter No. A15 (Northwest San Pedro Neighborhood Council), the Project Design Feature under Section IV.M.l, Fire Protection, of the Draft BIR (at page IV.M-9) is revised to read: Prior to the initial occupancy of any residential unit in the Project, the Project Applicant would submit an emergency response plan for approval by the Los Angeles Fire Department (LAFD). The emergency response plan will include but not be limited to the following: mapping of emergency exits, evacuation routes for vehicles and pedestrians, location of nearest hospitals, and fire departments. In developing the emergency response plan, the Project Applicant shall consult with neighboring land uses, including but not limited to the U.S. Navy Defense Fuel Support Point (DFSP), the ConocoPhillips Refinery, Rancho LPG, the Port of Los Angeles, the City of Rancho Palos Verdes, and Mary Star of the Sea High School. Section IV.L Population and Housing 43. Page IV.L-26, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: 4 Mutual aid and interagency coordination is discussed on page I-2 of the Safety Element of the City of Los Angeles City General Plan: http://citvplanning.lacity.orgicwd/gnlpln!SafivElt.pdf Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-14 5-129 City of Los Angeles June 2013 As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoinoide ',vith the antieipated expiration of the tenn of the De¥elopment Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.M Public Services 44. Page IV.M-12, the first paragraph is revised as follows: General and emergency access to the Project would be provided from Western Avenue at the two existing signalized intersections with Green Hills Drive and A venida Aprenda on the north and south, respectively. The northern access point would be gated with restricted public access; however, the gates would be designed with key or code access for emergency vehicles. The southern access point would be a public street across the Project Site. Gated access from this street to the non-apartment residential areas of the Project would also be provided. As with the northern access point, this gate would be designed with key or code access for emergency vehicles. An additional emergency access point would be located along the Site's southern boundary and would connect the southern Project roadway to the off-site Seaport Village development. This emergency-only lane would be gated with key or code access for emergency vehicles. The Project Site's internal roadway system would enable any of these emergency access points to be reached from any location in the Project. In addition, as part of a reciprocal emergency access arrangement, the Project Site would have emergency access from its southern access point through the Mary Star of the Sea High School to Taper Avenue. Thus, the Project Site would be able to take emergency access from an additional street other than Western Avenue.5 45. Page IV.M-13, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antieipated expiration of the terrn of the Development .Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 46. Page IV.M-22, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: 5 Use of the Taper Avenue emergency access would be strictly limited to emergency conditions necessitating access to the Project Site from locations other than Western A venue. In all other circumstances, access to the Project Site would be taken from Western A venue. Ponte Vista Project IV. Corrections and Additions to the Draft EIR PageIV-15 Final Environmental Impact Report 5-130 City of Los Angeles June 2013 As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the aBtieipated expiration of the term of the DevefopmeBt Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 47. Page IV.M-35, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the aBtieipated e11:piration of the term of the Development A:greemem (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 48. Page IV.M-54, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide vtith the aBtieipated expiration of the term of the Development Agreemem (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 49. Page IV.M-60, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the aBtieipated e11:piration of the term of the DeYelopment Agreemem (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section IV.N Transportation and Traffic 50. In response to Comment Letter No. AS (City of Lomita), the following references in the Draft EIR to the intersection of Arlington A venue/Lomita Boulevard are revised as follows: • Intersection No. 8 in Tables IV.N-1, IV.N-4, IV.N-6, IV.N-7, IV.N-11, IV.N-12, IV.N-13, IV.N- 16, IV.N-17, IV.N-18, IV.N-19, IV.N-20, IV.N-21, IV.N-22, IV.N-23, IV.N-24, and IV.N-25 is revised as follows: Arlington Avenue Narbonne Avenue/Lomita Boulevard • Intersection No. 8 on Figures IV.N-2, IV.N-3, IV.N-4, IV.N-8, IV.N-9, IV.N-10, IV.N-12, IV.N- 13, IV.N-16, IV.N-17, IV.N-19, IV.N-20, IV.N-22, IV.N-23, IV.N-25, IV.N-26, IV.N-28, IV.N- 29, and IV .N-31 is revised as follows: Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-I6 5-131 City of Los Angeles June 2013. Arlington Avenue Narbonne Avenue/Lomita Boulevard 51. Figure IV.N-3 in Section IV.N, Transportation and Traffic, is replaced with revised Figure 5-1 from the Project Traffic Study (Appendix IV.N-1 to the Draft BIR), retaining the same figure title. 52. In response to Comment Letter No. A9 (Caltrans), the first full paragraph on page IV.N-86 is revised to read: Construction of the Project would not require any temporary street closures or closures of two or more traffic lanes. It is possible that portions of traffic lanes adjacent to the Project Site could be temporarily blocked off to allow for installation of utility connections. However, the Project Applicant would be required to install signage in appropriate locations to notify travelers of the temporary lane closures. The degree to which signage and/or a traffic management plan would be required of the Project Applicant to minimize temporary traffic impacts during the construction phase would be determined by LADOT, in consultation with Caltrans, at the time the Applicant applies for permits that are required for the temporary lane closure. 53. Page IV.N-86, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide »vith the antieipated eJ1:piration of the term of the Development Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 54. Page IV.N-87, the last sentence of the third full paragraph is revised as follows: This corresponds to an annual growth rate of approximately 0.355 percent, or a total growth of 6.04 percent for the period 2010 through 2027 (end of the proposed De•1elopment Agreement). 55. In response to Comment Letter No. A7 (Metro), sub-part (b) of Mitigation Measure TRANS-12 on page IV.N-162 of the Draft BIR is revised to read: Relocate the existing southbound near-side Metro bus stop on Gaffey Street to the far_side of the intersection (i.e., south of the intersection) where a full bus pad is to be installed in the street; 56. Mitigation Measure TRANS-27 is revised as follows: In conjunction with the street widening of Western Avenue adjacent to the Project Site, the Applicant shall provide a bus turnout lane and bus stop facilities (shelter, bench and schedule information) at bus stops adjacent to the Site. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-17 5-132 City of Los Angeles June 2013 Section IV.O Utilities and Service Systems 57. Page IV.0-14, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis'' is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide 1Nith the antieipated expiration of the term of the De1;elopment A.greement (DA:) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 58. Page IV.0-22 under the heading "Current Project Site Wastewater Generation" is revised to read: The Project Site is currently developed with 245 residential units, a 2,161-square foot community center, and a 3,454-square foot retail convenience facility. All of the existing residences and buildings have been vacated and currently generate no wastewater. ,AJthough the The Project Site is new within the wastewater jurisdiction of the City of Los Angeles Bureau of Sanitation, whieh is overseen by the Department of Publie Works, historieally it v;as served by the Los Angeles County Sanitation Districts (LACSD) District No. 5. The LACSD are a confederation of independent special districts that provide wastewater and solid waste management for approximately 5.1 million people in Los Angeles County. The LACSD's 1,400 miles of main trunk sewers and 11 wastewater treatment plants convey and treat approximately 510 million gallons per day (mgd) of wastewater, 190 mgd of which are available for reuse.6 The LACSD's service area covers approximately 800 square miles and encompasses 78 cities and unincorporated territory within the County. The area§ surrounding adjacent to the Project Site on the west and south also falls within LACSD's District No. 5, which generally includes the Cities of Rancho Palos Verdes, Rolling Hills, Rolling Hills Estates, Torrance, Gardena, Lawndale, Hawthorne, and Inglewood. Although the Projeet Site is loeated within the serviee area of the City of Los .Angeles Bureau of Sanitation:, the The former Navy Housing uses at the site Project Site did not discharge wastewater to the City Bureau of Sanitation system. Rather, as described below, wastewater was sent to the County sewer infrastructure for conveyance to LACSD treatment facilities; specifically, the Joint Water Pollution Control Plant (JWPCP) operated by the LACSD and located in the City of Carson, approximately four miles from the Project Site. 59. Page IV.0-24, add the following discussion under the heading "Project Impacts": 6 Sanitation Districts of Los Angeles County, General Information, website: http://www.lacsd.org/csdinfo.htm#Wastewater%20Management, June 2011. Ponte Vista Project Final Environmental Impact Report JV. Corrections and Additions to the Draft EIR Page IV-18 5-133 City of Los Angeles June 2013 As discussed above, the majority of the Project Site is located within the boundaries of LACSD District No. 5. A portion of the site is located within the sewer service area boundaries of the City's Bureau of Sanitation system. Thus, the Project would have two ultimate sewer service connection options: (1) service by the City's Bureau of Sanitation: or (2) service by the LACSD. Under the first option, the Project would connect to the existing City sewer facility located in Taper Avenue, adjacent and to the east of the Project's eastern property boundary. Under the second option, the Project would connect via a new sewer lateral to the existing LACSD facilities located across and adjacent to the site's southwest comer, within the Western Avenue right-of- way. The Project Applicant's preferred option is to deliver all Project wastewater to the City Bureau of Sanitation's sewer system for conveyance and treatment. However, in order to connect to the City's sewer system, the Project Applicant must first pursue and perfect a de-annexation from the LACSD service area for the majority of the Project Site and, subsequently, annexation to the City Bureau of Sanitation service area. This process requires approval by the Local Agency Formation Commission (LAFCO) as well as by the two wastewater service agencies. Although the Project Applicant has initiated this process, it is not estimated to be completed until mid-2013. Although, as is discussed below, both the LACSD and City Bureau of Sanitation have opined that adequate conveyance and treatment capacity exists with which to serve the Proposed Project, in the event that the transfer of the majority of the Project Site out of the LACSD service area and into the City's service area is not approved, analyses of Project wastewater conveyance and treatment by both the City Bureau of Sanitation and the LACSD are presented in this section. 60. Page IV.0-25, under the heading "Wastewater Conveyance" is revised to read: Proposed Sewer System Preferred City Option The Project Applicant's preferred proposed sewer design for the Project includes a sewer discharge connection to the existing City system at the LAD PW' s 8-inch gravity sewer main within the Taper Avenue right-of-way (Record Plan D-19444). Sewage effluent from the Project would be discharged into the existing 8-inch sewer main via a sewer line connection to the existing upstream terminus manhole (station number 17+25.41 per record plan D-19444). The preliminary design concept for the proposed on-site sewer system includes new sewer main infrastructure consisting of a new lift station/force main package, manholes, and 6-inch, 8-inch and 10-inch sewer piping elements. The final on-site sewer infrastructure layout and design will be a function of the sewer confluence point locations coupled with the specified pipe sloping and fall conditions. The Project's on-site sewer system would discharge into a single connection point to the 8-inch sewer main at the end of Taper A venue, approximately where the existing Mazy Star of the Sea Ponte Vista Project Final Environmental Impact Report JV. Corrections and Additions to the Draft EIR Page IV-19 5-134 City of Los Angeles June 2013 High School campus abuts the eastern edge of the Project Site. This location represents the current upstream end of this sewer main; no upstream sewage effluent would exist in the main at the point where the Project would connect to it. Maintenance of the on-site portion of the Project's wastewater collection and conveyance system would eventually be the responsibility of the future homeowners' association (HOA). Alternative County Option In the event that transfer of the majority of the Project Site from the LACSD's sewer service jurisdiction to the City Bureau of Sanitation's service area is not approved, an alternate sewer system would be developed to serve the Project. Preliminary designs for the internal Project sewer system would include new on-site sewer main infrastructure consisting of a new on-site lift station/force main package, manholes, and 6-inch, 8-inch, and 10-inch sewer piping elements. Based upon the LACDPW methodology for calculating the wastewater conveyance requirements of existing and proposed land uses, the Project would produce a daily average sewer flow of 203.100 gpd and a peak daily flow of 507.750 gpd. When combined with the existing off-site wastewater flows from the apartment and condominium units located on the adjacent tracts ( 45060 and 34044-C) to the south of the site, the total wastewater conveyance delivered through the existing 8-inch sewer lateral crossing Western Avenue southwest of the site would be 215,841 gpd (average daily) and 539,603 gpd (peak daily). Off-Site Conveyance Capacity Preferred City Option The LADPW analyzes the impacts of a proposed development on the surrounding existing sewer infrastructure through an applicant-driven process called a Sewer Capacity Availability Request (SCAR). Through this process, the Project Applicant requested that the City analyze its existing infrastructure and issue either an agreement or a denial to service the Proposed Project's sewage effluent. A SCAR was filed with the Bureau of Sanitation requesting the City's agreement to service the Project's sewage effluent as tabulated in Table IV.0-3 above. The City then analyzed the existing sewer system and determined that sufficient residual conveyance and treatment capacity exists in the sewer lines to which the Project is proposing to discharge. Specifically, the Project's estimated wastewater flow would constitute approximately 35 percent of the available capacity in the 8-inch Taper A venue sewer main. Consequently, the City issued a SCAR response in essence committing to serve the Project (see Appendix IV.0-2).7 The City's sewer system has sufficient capacity to accommodate the total Approved SCAR, Bureau of Engineering, Department of Public Works, City of Los Angeles, May 24, 2012. Ponte Vista Project Final Environmental Impact Report JV. Corrections and Additions to the Draft EIR PageIV-20 5-135 City of Los Angeles June 2013 . flow for the Project, therefore Project impacts with regard to wastewater conveyance would be less than significant. Alternative County Option In the event that transfer of the majority of the Project Site from the LACSD' s sewer service jurisdiction to the City Bureau of Sanitation's service area is not approved. the County system would provide off-site conveyance of Project wastewater. The LACSD's WAPP facility would serve all sewers flowing from the existing LACDPW 8-inch sewer line crossing Western Avenue, including the Project's wastewater. In terms of off-site sewer conveyance, the existing LACDPW 8-inch sewer line in Western Avenue has a "50 percent full" design flow capacity of 0.63 cfs and a "75 percent full" design flow capacity of 1.15 cfs. The existing sewer peak flow generated from the existing off-site development to the south is 0.049 cfs. When the Project's wastewater is added to this existing off-site wastewater (peak flow), the total amount requiring conveyance would be 0.835 cfs. Given the 8-inch sewer pipe's existing size slope and material, the proposed total sewer flow of 0.835 cfs would utilize 59 percent of the full pipe capacity, which is 32 percent more than would be permitted under the "50 percent full" design flow capacity. This condition would yield a flow velocity of 3 .9 feet per second, which is above the 3 feet per second standard utilized by LACDPW. Because the proposed flow depth/velocity would fall under LACDPW special case consideration, specific approval from LACDPW is required. This approval was sought and granted on July 20, 2011. Therefore, Project impacts with regard to wastewater conveyance would be less than significant. 61. Page IV.0-26 under the heading "Wastewater Treatment" is revised to read: Preferred City Option Wastewater from the Project Site would be subsequently conveyed to the TIWRP, which has a remaining treatment capacity of approximately 14 mgd. The 205,950 gpd net increase in wastewater generation that would be created by the Project represents approximately 1.5 percent of the remaining capacity at the TIWRP. Therefore, TIWRP has enough remaining capacity to accommodate treatment of Project-generated wastewater. The Project's additional wastewater flows would not substantially or incrementally exceed the future scheduled capacity of any treatment plant by generating flows greater than those anticipated in the Integrated Resources Plan, Sewer System Management Plan, or General Plan. Impacts upon wastewater treatment capacity as a result of the Project would be less than significant. Alternative County Option In the event that transfer of the majority of the Project Site from the LACSD's sewer service jurisdiction to the City Bureau of Sanitation's service area is not approved, the County system would provide off-site treatment of Project wastewater. The Joint Water Pollution Control Plant Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-21 5-136 City of Los Angeles June 2013 (JWPCP) is operated by the LACSD and is located in the City of Carson, approximately four miles from the Project Site. The plant began operation in 1928 and has a permitted design treatment capacity of 400 million gallons per day (mgd) of wastewater with an approximated current average flow of 300 mgd.8 The operation at JWPCP consists of screening, grit removal, primary sedimentation, pure oxygen activated sludge reactors, secondary clarification, and chlorination. The 205,950 gpd net increase in wastewater generation that would be created by the Project represents approximately 0.2 percent of the remaining capacity at the TIWRP. Therefore, TIWRP has enough remaining capacity to accommodate treatment of Project-generated wastewater. Impacts upon wastewater treatment capacity as a result of the Project would be less than significant. 62. Page IV.0-26 under the heading "Construction Impacts" has been revised to read: Preferred Citv Option The required sewer connection and related infrastructure upgrades would not be expected to create a significant impact to the physical environment because: (1) existing service would not be disrupted; (2) replacement of the sewer lines would be within public and private rights-of-way; and (3) the existing infrastructure would be replaced with improved infrastructure in areas that have already been significantly disturbed. Furthermore, the Project Applicant would pay for needed upgrades. All of the proposed sewer improvements would occur on-site and away from existing traffic flows, with the lone exception of where the Project's new discharge connection would connect to an existing manhole located in Taper A venue. Because the existing manhole is located at the end of a private local street (on the Mary Star of the Sea High School campus), the interim construction window of a few days to make the sewer connection would not create a disruption to the surrounding community. The proposed sewer connection to the upstream terminus end of the sewer line would not result in an interruption in service to any existing downstream properties serviced by the line. Therefore, Project impacts with regard to wastewater infrastructure installation/improvement would be less than significant. Alternative County Option The required sewer connection and related infrastructure upgrades would not be expected to create a significant impact to the physical environment because: (1) existing service would not be disrupted; (2) replacement of the sewer lines would be within public and private rights-of-way; and (3) the existing infrastructure would be replaced with improved infrastructure in areas that have already been significantly disturbed. Furthermore, the Project Applicant would pay for 8 LACSD Joint Water Pollution Control Plant facility about/wastewater f(1cilities!jwpcp/defi;iult.asp. accessed September 16, 2011. information; http://www. lacsd org/ Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft E!R PagelV-22 5-137 City of Los Angeles June 2013 needed upgrades. Where the Project's new force main would connect to the existing manhole No. 174 located along Western Avenue, impacts to traffic flows on Western Avenue are not expected to occur because the manhole is located in the unpaved parkway area along the east side of the street rather than within the street itself. Therefore, Project impacts with regard to wastewater infrastructure installation/improvement would be less than significant. 63. Page IV.0-27, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antieipated expiration of the term of the De•,relopment Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 64. Page IV.0-27 under the heading "Cumulative Impacts" has been revised to add the following sub- heading: Preferred City Option 65. Page IV.0-28, discussion under the heading "Cumulative Impacts" and just above Table IV.0-4 is revised to read: Alternative County Option In the event that transfer of the majority of the Project Site from the LACSD's sewer service jurisdiction to the City Bureau of Sanitation's service area is not approved, the County system would provide off-site collection, conveyance, and treatment of Project wastewater. Thus, in order to present the most conservative cumulative impact assessment, it has been assumed that all of the 154 cumulative projects, along with the Project, would discharge to the LACSD's treatment facility at the JWPCP. As shown in Table IV.0-4, development of the cumulative projects would increase the generation of wastewater in the Project area to approximately 1.83 mgd (average daily). Including the Project's wastewater generation to this total yields a cumulative wastewater generation of approximately 2.03 mgd (average daily). The JWPCP currently has capacity for an additional 122.5 mgd. Therefore, the JWPCP would have adequate capacity to treat cumulative wastewater flows from the Project and cumulative projects. Furthermore, each of the individual cumulative projects would be subject to the LACDWP's determination of whether there is allotted sewer conveyance capacity available prior to the formal acceptance of plans and specifications by the construction permitting authorities within each jurisdiction where the cumulative projects are to be developed. Therefore, the cumulative impact of the cumulative and proposed projects on wastewater would be less than significant. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-23 5-138 City of Los Angeles June2013 66. Page IV.0-52, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antiei}Jated expiration of the term of the De't'elopment Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. 67. Page IV.0-69, the first sentence of the paragraph under the sub-heading "Extended Buildout Analysis" is revised as follows: As discussed in Section II (Project Description), the potential exists for the Project buildout year to be extended by 10 years to eoineide with the antiei}Jated expiration of the term of the D6¥elopment Agreement (DA) in 2027 accommodate potential extensions allowed under the Vesting Tentative Tract Map process. Section VI Alternatives to the Proposed Project 68. Page VI-4 at bottom, revise Alternative B title to read: Alternative B: No Projeet Alternative/Existing Zoning (Single-Family Homes) 69. Page VI-5 under the heading "Alternatives Considered But Rejected From Further Consideration" is revised to read: Alternatives that clearly would not be financially feasible to develop and market (considering such factors as the cost of site acquisition and the costs to plan, permit, and develop the project), such as public parks, were not considered. Included among such alternatives is development of the Project Site under the existing zoning and General Plan land use designations, which would retain 9.3 acres of the site as undeveloped open space and develop the remainder with 169 5,000 square foot single-family home lots consistent with the Rl-lXL zoning. Such an alternative has been determined to be economically infeasible to develop at the Project Site. However, an alternative that would develop the site exclusively with single-family homes is discussed and evaluated below as Alternative B. 70. Page VI-10, revise Alternative B title and discussion to read: Alternative B: No Projeet Aiternative/Existing Zoning (Single-Family Homes) Under Alternative B, the Project would not be developed on the Project Site. However, the Project Site would not remain in its current condition. Under the conditions of the ownership transfer from the U.S. Department of Defense to the previous owner, all existing improvements on the Project Site must be removed. Accordingly, the existing vacant former Navy housing Ponte Vista Project Final Environmental Impact Report JV. Corrections and Additions to the Draft EIR Page!V-24 5-139 City of Los Angeles June 2013 complex and associated roadways and other infrastructure would be demolished and all debris removed from the Project Site under this alternative. Under the current land use designation in the Wilmington-Harbor City Community Plan, a majority of the Project Site is designated for Low Density Residential ( 4 to 9 dwelling units per acre) land uses. The Planning and Zoning Code (Los Angeles Municipal Code [LAMC], Chapter 1), zones all but 9.3 acres of the Project Site Rl-lXL (One-Family Zone, Extra Limited Height District No. 1). Single-family dwellings, among other specified land uses, are permitted within the Rl zone. The Extra Limited Height District No. 1 limits the height of buildings to two stories or 30 feet. The remaining 9.3 acres of the site is zoned and designated Open Space. If a Zone Change and General Plan Amendment were approved to remove the 9 .3 acres of Open Space zoning from the Project Site, the land use and zoning designations of the Project Site wo~ld permit up to 429 single-family homes. In addition, if a single-family project were to include below-market (moderate, low, and very-low income units), a potential density bonus of 35 percent under the City's existing rules and regulations, or 579 single-family units, might be developed on the Project Site. Because of the significant site acquisition and site preparation costs related to the Project, the Applicant indicates that it is unlikely that a single-family project with below-market units would be developed. Under City of Los Angeles zoning criteria, Rl zoning requires that each lot have a minimum area of 5,000 square feet, a minimum width of 50 feet, front yards of not less than 20 percent of the depth of the lot, and rear yards of not less than 15 feet, with resulting dwelling unit densities of approximately six units per acre (taking streets into account). Due to high land prices in infill locations within the City of Los Angeles, fewer and fewer new subdivisions are being developed in accordance with Rl zoning. Instead, homebuilders seeking to develop single-family homes in infill locations routinely propose homes on smaller lots at significantly higher densities. In addition, the requirement to incorporate a seismic setback zone across the site, described in Section IV.F, Geology and Soils, would eliminate approximately 44 potential lots from a single- family residential site plan, reducing the total number of potential home lots from 429 to 3 85. While infill housing in areas like the Project Site is not typically being developed in accordance with traditional Rl zoning criteria, for the purpose of eomplying with Seetion 15126.6(e)(2) of the CEQA Guidelines, this alternatives analysis assumes that, under Alternative B, the Project Site would be developed as a single-family home project in accordance with Rl zoning with approximately 385 single-family homes and that a Zone Change and General Plan Amendment would be approved to remove the current Open Space zoning/land use designation from the northerly 9.3 acres of the site. A conceptual site plan for Alternative Bis shown in Figure VI-1. The number of homes in Alternative B is below the maximum density that could be developed \.vithout a General Plan amendment or re!i"ioning under the Rl zoning in order to provide a street and lot plan consistent with a move-up/high-end home plan as well as to, as described above, Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-25 5-140 City of Los Angeles June 2013 incorporate the required seismic setback zone. The de•;elopment would be designed to be consistent with all e*isting planning and zoning requirements. All of the homes under Alternative B would be developed for sale at market rates. Due to the same significant site acquisition and site preparation costs discussed previously, the Project Applicant indicates that it would be necessary to develop the Project Site with the maximum reasonable number of move-up/high-end single-family homes at the highest supportable prices in the market area (Los Angeles/Wilmington-Harbor City/San Pedro) that could be achieved. The Project Applicant estimates that such homes would range between 2,000 and 3,000 square feet and would need to sell for an average price efapproaching $1 million. Given the current housing market and state of the local and regional economy, there is uncertainty that such prices could be realized. However, retaining the existing 9.3 acres of zoned Open Space on the site under Alternative B would eliminate approximately 81 additional single-family home lots from the site plan. which would likely make the alternative development economically infeasible to develop. For this reason, Alternative B proposes to eliminate the 9.3 acres of Open Space zoning from the Project Site. 71. Figure VI-1, revise the figure title to read: Conceptual Site Plan~ Alternative B (No Project ,AJternatiYe/Single-Family Homes) 72. Page VI-13 under the "Public Park/Open Space" subheading is revised to read: No public park would be developed. The existing 9.3 acres of zoned Open Space on-site would be eliminated through a Zone Change and General Plan Amendment process in order to allow for development of a sufficient number of single-family homes to render the site plan potentially feasible. Although community open space and private park area would be located along the seismic setback zone crossing the center of the Site, the total amount of open space associated with Alternative B would be less than that associated with the Proposed Project due to the elimination of the public park component and existing zoned Open Space. 73. Page VI-16, the last paragraph is revised to read: Vehicular access to the Alternative C project would be from Western Avenue at the two existing signalized intersections with Green Hills Drive and Avenida Aprenda on the north and south, respectively. The proposed southerly Project entrance at the Western Avenue/Avenida Aprenda intersection would feed into a new east-west road crossing the southern portion of the Project Site that would provide access to the Mary Star of the Sea High School campus adjacent to the Project Site on the east. As with the Proposed Project, additional emergency-only vehicular access would be provided along the Site's southern boundary adjacent to the off-site Seaport Village development. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-26 5-141 City of Los Angeles June 2013 74. Page VI-17, the second paragraph is revised to read: When completed, Alternative C would redevelop 100 percent of the Project Site. Alternative C would incorporate a seismic setback area along the fault splay crossing the center of the site (see Section IV.F, Geology and Soils, for more detail). Alternative C would not include the 2.8-acre public community park that is included in the Proposed Project. However, Alternative C would incorporate approximately 20 acres of total open space, consisting of approximately one acre of outdoor recreational amenity space (including a recreation center with adjacent community clubhouse and pool/event lawn area in the central portion of the site), approximately 7.1 acres of dedicated park area (including the open space/trail network around the perimeter of the Project Site), 10.2 acres of landscaped common area throughout the Project, and an additional 2.1 acres of general open space, resulting in a total amount of open space similar to that provided by the Proposed Project (20.5 acres versus 20.6 acres). All of this open space would be accessible to the general public via pedestrian access points. Additional indoor recreational amenities (e.g., rec rooms, fitness centers, etc.) would be distributed across the site and are not included in the acreages above. These recreational facilities would be for the private use of residents and their guests and would not be accessible to the general public. The v1alking/jogging path surrounding the perimeter of the Projeet and extending through the landseaped open spaee surrounding the Site would be open to the generaJ publie, although the other open spaee areas of the Projeet 1.vould net. 75. Page VI-18, the paragraph under the "Public Park/Open Space" sub-heading is revised to read: No public park would be developed. The amount of publicly-accessible open space associated with Alternative C would be less than approximately the same as that associated with the Proposed Project due to the elimination of the publie park eomponent and would be limited to the trail and landseaped open spaee area surrounding the perimeter of the Project Site. Alternative C would, h(}Vi'e>ler, provide a greater amount of private open space for the use of Project residents. 76. Page VI-23, the second full paragraph is revised to read: Vehicular access to the Alternative D project would be from Western Avenue at the two existing signalized intersections with Green Hills Drive and A venida Aprenda on the north and south, respectively. The proposed southerly Project entrance at the Western Avenue/Avenida Aprenda intersection would feed into a new east-west road crossing the southern portion of the Project Site that would provide access to the Mary Star of the Sea High School campus adjacent to the Project Site on the east. As with the Proposed Project, additional emergency-only vehicular access would be provided along the Site's southern boundary adjacent to the off-site Seaport Village development. 77. Pages VI-70 and VI-71 under the "Impacts of Alternative B" subheading are revised to read: Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR Page IV-27 5-142 City of Los Angeles June 2013 Contrary to the Proposed Projeet, Alternative B would be developed eonsistent »Yith e~dsting planning and zoning designations for the Projeet Site require a Zone Change and a General Plan Amendment to re-designate the existing 9.3 acres of Open Space on-site to Rl-lXL and Low Density Residential to match the remainder of the site's existing zoning and land use designation. Lots for the 385 single-family homes would be created through the processing and recordation of a tentative tract map. Alternative B would contribute fewer additional housing units to meet area housing needs than the Project. In addition, it is expected that the sales price of homes developed pursuant to Alternative B would average apprmdmatelyapproach $1,000,000. Thus, Alternative B would provide housing for only the most affluent segment of the housing market, rather than for a broad range of potential buyers and renters. Although it would contribute additional single- family housing, Alternative B would not implement recommended air quality and regional planning strategies to increase the density of infill housing so as to reduce urban sprawl impacts on. natural resources, reduce air quality emissions due to VMT for commuting purposes, and to reduce regional congestion through VMT reduction. Alternative B would fail to promote further attainment of many City and regional planning objectives and would be either inconsistent or less consistent than the Proposed Project with several of the policies contained in the General Plan, particularly those relating to the provision of a range of housing opportunities and the promotion of higher densities in locations proximate to centers of employment and transit. Alternative B would not set aside and dedicate a 2.8-acre public park as proposed by the Project. In addition, the access road across the southern portion of the Project Site connecting Western Avenue to the Mary Star of the Sea High School campus would not be provided under this alternative, creating a potential land use incompatibility with the school that did not previously exist by forcing school traffic to pass through an existing single-family residential neighborhood (Taper Avenue). In summary, impacts would be less than significant but, on balance, slightly greater than those associated with the Proposed Project. 78. Page VI-93, the first paragraph under the sub-heading "Parks and Recreation" has been revised to read: Approximately 33 percent of Alternative C's post-development acreage (or 20.5 acres) would consist of a combination of open space, landscaped common areas, recreational amenities, and parks, as shown conceptually in Figure VI-5 and tabulated in Table VI-10. Of this total, 0.5 acre would be aeeessi-ble to the genera-1 publie located outside the gated portion of the Project and 20 acres would be aeeessible only to the residents of the private (non rental) located inside the gated portion of the Project. Alternative C would exceed its generated private (non-rental) neighborhood park need by 4.1 acres, but would create a net unmet 0.3-acre demand for publicly accessible neighborhood park area. Non-vehicular public access to the parks and open space within the gated portion of the Project would be provided via pedestrian access points. 79. Page VI-103 under the "Impacts of Alternative B" subheading is revised to read: Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR PageIV-28 5-143 City of Los Angeles June 2013. Alternative B represents development under the e:K:isting R 1 entitlement for the Projeet Site Rl- lXL zoning and a Low Medium Residential land use designation. Under this entitlement With approval of these entitlements, a total of 385 single-family homes could be constructed on the Project Site. The vehicular access associated with Alternative B is assumed to be consistent with the access scheme currently planned for the Proposed Project. 80. Table VI-19, the repeating header beginning on page VI-133, is revised for Alternative B to read: Alternative B: Ne Prejeet t..Jtereative/Existieg Zeeieg (Single-Family Homes) 81. Pages VI-146 and VI-147 under the "Alternative B" subheading are revised to read: Alternative B would redevelop the Project Site with approximately 385 single-family homes, consistent with e~dsting !i3oning regi:ilations governing the site Rl-lXL zoning and the Low Medium Residential land use designation. As discussed at the start of this section, beeause Alternative B would H:0t require a General Plan Amendment er and Zone Change to eliminate the existing Open Space zoning and land use designation from the northerly 9 .3 acres of the site in order to be implemented, it is also eonsidered to represent a "No Projeet" alternative, e·1en though it v1ould result in rede•1elopment of the site. Appendix 1-2, Responses to the NOP 82. In response to Comment Letter No. A7 (Metro), Appendix I-2 of the Draft EIR has been revised to include the November 10, 2010 NOP response letter from Metro. Ponte Vista Project Final Environmental Impact Report IV. Corrections and Additions to the Draft EIR PageIV-29 5-144 REQUESTED ENTITLEMENTS General Plan Amendment to the Wilmington -Harbor City Community Plan from "Low Residential" to "Low Medium I Residential," "Low Medium II Residential" and "Medium Residential."(Per LAMC § 11.5.6) Zone Change from the existing R1-1XL and OS-1XL to a new Specific Plan Zone. (Per LAMC § 12.32) Specific Plan adopted for Ponte Vista, establishing project- specific development standards and guidelines. (Per LAMC §12.32) Vesting Tract Map for the development of 1, 135 residential condominium units on the 61.5 acre Ponte Vista site. (LAMC § 17.00 et. seq.) Source: Ponte Vista, San Pedro, 2011. AJA Environmental Services, LLC Legend General Plan Land Use Designation Other Land Uses Public Park Open Space Total Site DU AC 353 27.6 390 16.5 392 11.7 1,135 55.8 2.8 2.9 61.5 Figure 11-1 O Proposed Land Use Plan 5-145 I ~ 2STHST Source: Linscott, Law & Greenspan, Engineers, 03/08/2012. CAJA Environmental Services, LLC No.1 Hawthorne/Sepulveda No.2 HawthomeJPCH No.10 No.11 PVO East/PVD North Western/Sepulveda No.19 Western/Fitness No.20 Western/Westmont No. 28 No. 29 Western/Weymouth Westem/9th No.37 Gaffey/Westmont No.46 Vermont/PCH No.55 WHmington/PCH ' ' I I ~---, I I I I ~; / I ' No.38 Gaffey/Capitol No.47 1·110 SB/PCH \ No.56 Wilmington/Anaheim •3 •• •s Hawthome/PVD North Crenshaw/Sepulveda Crenshaw/Lomita No.12 western/Lomita No.13 Western!PCH ' ' ' ' No.14 WestemtAnahelm No.6 Crenshaw/PCH No.15 WestemfPVD North ,' •1 •a •9 Crenshaw/PVD North Ar11ngton-Narbonne/Lomlta NarbonnelPCH ' ' I / ii \ / /\;i;;; '--o \ / -a. o \ , )\ \ , .J 1 -a , , Jr -o , / ---' ,-~--, ,~---, 1 1 11 o r13JJ_...o 1 7'"'<10'° 'o-lr'' o-lr' \ ;;-; \ a,:::_ee / \' !?~a/ •' ... / ', ___ <&;I_,," ', ___ ... " •• •n •• Western/Peninsula Western!Green Hiiis Westem/Avenlda Aprenda ,' No.21 No.22 No.23 Westeml'Capitof -~ -~ -~ No.27 Westem/1st Westem/Toscanini Westem/Caddlngton Westem/Park Western Western/Crestwood westem/Summerland No.30 Western/25th No.39 Gaffey/Channel ,' .-\'-2-48 No. 31 Weymouth/9th No.40 Gaffey/Mlraflores-1-110 SB No. 32 No. 33 Normandle/Seputveda Normandle/Lomlta ' I ,' ,_ No.41 No.42 Gaffey/Summertand Gaffey/1·110 NB-SB-SR-47 ~--, ' ' \ / \ I I \ \ ( / ' ;o / --/ -· -· -· No.51 Flgueroa/l-110 NB Figueroa Pl/1-110 SB Figueroa Pi/Anaheim Figueroai'Sepulveda ' ' No. 34 Nonnandle/PCH No.43 Gaffey/9th No.52 Flgueroa/PCH --r-' ' ' " ,' Yt. -~ \ I I \ I ( I ' !!: I ' = I ..... -_,. ... No. 35 No. 36 Vermont/ Vermont/Normandle PVO North-Gaffey/Anahefm No.44 Vermont/Sepulveda ,1---, ," ... '-18 \ / ';$~.,..,-119 \ I ) \ 1....r50 I I I ( I \ ~~':;! ,' ' ' No.53 Flgueroa/1-110 NB No.45 Vermont/Lomita No.54 Figueroa/Anaheim 0 Notto Scale Figure IV.N-3 Existing AM Traffic Volumes 5-146 Source: FUSCOE Engineering, June 18, 2012. CAJA Environmental Services. LLC co 0 100 200 -----i.....--. Scale (Feet) Figure Vl-1 Conceptual Site Plan -Alternative B (Single-Family Homes) 5-147 Excerpts from FEIR for Ponte Vista project: Mitigation Monitoring and Reporting Program (Section V) 5-148 V. MITIGATION MONITORING AND REPORTING PROGRAM A. INTRODUCTION Section 21081.6 of the Public Resources Code requires a Lead Agency to adopt a "reporting or monitoring program for the changes made to the project or conditions of project approval, adopted in order to mitigate or avoid significant effects on the environment" (Mitigation Monitoring and Reporting Program). Section 15097 of the CEQA Guidelines provides additional direction on mitigation monitoring or reporting): 15097. MITIGATION MONITORING OR REPORTING. (a) This section applies when a public agency has made the findings required under paragraph (1) of subdivision (a) of Section 15 091 relative to an EIR or adopted a mitigated negative declaration in conjunction with approving a project. In order to ensure that the mitigation measures and project revisions identified in the EIR or negative declaration are implemented, the public agency shall adopt a program for monitoring or reporting on the revisions which it has required in the project and the measures it has imposed to mitigate or avoid significant environmental effects. A public agency may delegate reporting or monitoring responsibilities to another public agency or to a private entity which accepts the delegation; however, until mitigation measures have been completed the lead agency remains responsible for ensuring that implementation of the mitigation measures occurs in accordance with the program. The City of Los Angeles is the Lead Agency for the Project. Any agency listed below is assumed to be within the City of Los Angeles, unless its jurisdiction is listed separately. An Environmental Impact Report (EIR) has been prepared to address the potential environmental impacts of the Project. This Mitigation Monitoring and Reporting Program (MMRP) is designed to monitor implementation of the mitigation measures identified for the Project. The MMRP is subject to review and approval by the Lead Agency as part of the certification of the EIR and adoption of project conditions. The required mitigation measures are listed and categorized by impact area, as identified in the Draft EIR and Final EIR, with an accompanying identification of the following: • Monitoring Phase, the phase of the Project during which the mitigation measure shall be monitored; o Pre-Construction, including the design phase o Construction o Pre-Occupancy (prior to issuance of a Certificate of Occupancy) Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-1 5-149 City of Los Angeles June 2013 o Occupancy (post-construction) • Enforcement Agency, the agency with the power to enforce the mitigation measure; and • Monitoring Agency, the agency to which reports including feasibility, compliance, implementation, and development are made. • Monitoring Frequency, the frequency at which the mitigation measure shall be monitored. • Action( s) Indicating Compliance, the action( s) of which the Enforcement or Monitoring Agency indicates that compliance with the identified mitigation measure has been implemented. The Project Applicant shall be responsible for implementing all mitigation measures unless otherwise noted. The MMRP performance shall be monitored annually to determine the effectiveness of the measures implemented in any given year and reevaluate the mitigation needs for the upcoming year. Program Modification After review and approval of the MMRP by the Lead Agency, minor changes and modifications to the MMRP are permitted, but can only be made by the Applicant or its successor(s) subject to approval by the City of Los Angeles. This flexibility is necessary due to the nature of the MMRP, and the need to protect the environment with a workable program. The Lead Agency, in conjunction with any appropriate agencies or departments, will determine the adequacy of any proposed change or modification. No changes will be permitted unless the MMRP continues to satisfy the requirements of CEQA, as determined by the Lead Agency. B. MITIGATION MONITORING AND REPORTING PROGRAM Section IV.A. Impacts Found to be Less Than Significant No mitigation measures required. Section IV.B. Aesthetics No mitigation measures required. Section IV.C. Air Quality AQ-1 The following equipment specifications shall be implemented for construction activity, consistent with recent SCAQMD recommendations.1 If these exact specifications cannot be feasibly 1 Based on a review ofSCAQMD Project-level comment letters published in 2011; Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-2 5-150 City of Los Angeles June 2013 attained, the Project Applicant shall include a comparable measure demonstrating an equivalent effectiveness at reducing construction related air quality emissions. • Three excavators shall meet Tier 3 off-road emissions standards; • One grader shall meet Tier 3 off-road emissions standards; • Two scrapers shall meet Tier 3 off-road emissions standards; and • Six rubber-tired dozers shall meet Tier 3 off-road emissions standards and Diesel Particulate Filters (DPF) Level 2.2 Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Quarterly, during the time the listed equipment will be used Action Indicating Compliance: Compliance report submitted by contractor AQ-2 The Project Applicant shall ensure that construction contractors use super-compliant architectural coatings as defined by the SCAQMD (VOC standard ofless than ten grams per liter).3 Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Once, for each phase of development Action Indicating Compliance: Compliance report submitted by contractor prior to use http://www.aqmd.gov/ceqa/letters.html, accessed April 13, 2011. 2 SCAQMD off-road mitigation measures; http://www.aqmd.gov!ceqalhandbook/mitigation/ojfroad/ TableII.xls; and http://www.aqmd.gov/ceqalhandbooklmitigation/ojfroad/Tablelll.doc; accessed April 13, 2011. 3 SCAQMD, Super-Compliant Architectural Coatings Manufacturers and Industrial Maintenance Coatings List, http://www.aqmd.gov/prdas/Coatings/super-compliantlist.htm. Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-3 5-151 City of Los Angeles June 2013 AQ-3 The Project shall provide electric outlets on residential balconies and common areas for electric barbeques to the extent that such uses are permitted on balconies and common areas per the Covenants, Conditions and Restrictions recorded for the property. Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Once, for each phase of development Action In.,icating Compliance: Compliance report submitted by contractor prior to use AQ-4 The Project shall use electric lawn mowers and leaf blowers, and electric or alternatively fueled sweepers with HEP A filters, for maintenance of the Project. Monitoring Phase: Occupancy Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Annual Action Indicating Compliance: Compliance report submitted by Project Homeowners Association Section IV.D. Biological Resources BI0-1 Potential impacts to nesting birds, migratory birds, and raptors shall be avoided either by scheduling grading, vegetation removal and demolition during the non-nesting period (August 30th through February 14th), or if this is not feasible, by conducting a pre-construction survey for raptor nests and avoiding disturbance of active nests. Provisions of the pre-construction survey and nest avoidance, if necessary, shall include the following: • If grading or vegetation removal is scheduled during the active nesting period (February 15th through August 31 5~, a qualified wildlife biologist shall conduct a pre-construction raptor and Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-4 5-152 City of Los Angeles June 2013 nesting bird survey no more than 30 days prior to initiation of grading to provide confirmation on presence or absence of active nests in the vicinity. • If active nests are encountered, species-specific measures shall be prepared by a qualified biologist in consultation with the CDFW and implemented to prevent abandonment of the active nest. At a minimum, grading in the vicinity of the nest shall be deferred until the young birds have fledged. A nest-setback zone of at least 300 feet for all raptors and 100 feet for loggerhead shrike and other non-raptors shall be established within which all construction-related disturbances shall be prohibited. The perimeter of the nest-setback zone shall be fenced or adequately demarcated with staked flagging at 20-foot intervals, and construction personnel restricted from the area. • If permanent avoidance of the nest is not feasible, impacts shall be minimized by prohibiting disturbance within the nest-setback zone until a qualified biologist verifies that the birds have either a) not begun egg-laying and incubation, or b) that the juveniles from the nest are foraging independently and capable of independent survival at an earlier date. • A survey report by the qualified biologist verifying that the young have fledged shall be submitted to the City prior to initiation of grading in any nest-setback zone. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Construction Department of Building and Safety California Department of Fish and Wildlife Once, prior to grading or vegetation removal, if grading or vegetation removal is scheduled during the active nesting period (February 15th through August 31st), and at any time, in the event that avoidance of a nest becomes infeasible during grading or vegetation removal. Survey report by qualified biologist BI0-2 Prior to issuance of a demolition or grading permit, the Project Applicant shall have a qualified biologist conduct Phase 3 entry surveys within the interior of all buildings at the Project Site identified as having a high to moderate potential to provide bat roost habitat. These surveys shall involve accessing the attic and other areas (if warranted) to look for evidence of bats and utilizing heterodyne-style bat detectors to aid in the acoustic detection and identification of potentially roosting bats. Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-5 5-153 City of Los Angeles June 2013 If bats or bat sign are not encountered during the Phase 3 surveys, the buildings shall be daylighted prior to demolition. Daylighting includes removal of substantial portions of the roof to create a well-lit, well-ventilated attic preventing bats from establishing in these buildings. Daylighting shall occur under the supervision of a qualified biologist at least 48 hours prior to building demolition. If bats are encountered during daylighting, all disturbance activities within the structure and within 200 feet shall be halted until: (a) the roost is vacated, or (b) a qualified biologist has coordinated with CDFW to develop alternative impact avoidance measures, up to and including bat removal. If bats or bat sign are encountered during Phase 3 Surveys, the qualified biologists shall leave the building immediately to avoid further disturbance to roosting bats and conduct an emergence s~ey. Emergence surveys shall be conducted at dusk to determine where bats are exiting the building. Emergence surveys shall be conducted to determine the ingress/egress location, estimate the approximate number of bats using the roost, and identify the species occupying the roost using an ultrasonic bat detector. Demolition of occupied roosts shall be postponed until appropriate exclusion and mitigation measures have been determined in consultation with CDFW. Examples of exclusion measures include one-way barriers installed at the ingress/egress site that allow bats to exit the roost but not return. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Construction Department of Building and Safety California Department of Fish and Wildlife Once, prior to demolition or grading of each vacated housing structure Once, during an emergence survey if bats are encountered Survey report by qualified biologist; final report upon completion of demolition BI0-3 Palm trees at the Project Site shall have the dead frond skirts removed between October 1 and March 31 before being felled to avoid impacts to roosting Southwestern Yell ow Bats. A qualified arborist shall supervise removal of palm frond skirts in a systematic manner beginning with the top fronds and working towards the base of the tree. If bats are encountered during this process, trimming should halt and remain halted until (a) the roost is confirmed to have been vacated by a qualified biologist, or (b) a qualified biologist has coordinated with CDFW to develop alternative measures up to and including bat removal from the trees. Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-6 5-154 City of Los Angeles Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: ·Actions Indicating Compliance: June 2013 Pre-Construction Department of Building and Safety California Department of Fish and Wildlife Daily, during removal of palm trees Compliance report submitted by contractor; Survey report and final report by qualified biologist, if bats are encountered BI0-4 Prior to issuance of a grading permit, the Project Applicant . shall enter into a Streambed Alteration Agreement or other documentation (satisfactory to CDFW) with CDFW to provide a 1: 1 replacement of 0.86 acre of suitable streambed and associated riparian habitat either on-site as additional habitat creation, off-site either through habitat creation or purchase of credits in an approved mitigation bank in the Los Angeles Basin, or via a combination of these approaches. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Construction Department of Building and Safety California Department of Fish and Wildlife Once, prior to issuance of grading permit Streambed Alteration Agreement or other documentation to the satisfaction of the CDFW; submittal of same to Department of Building and Safety Section IV.E.1. Cultural Resources -Archaeological Resources CULT-1: A qualified archaeologist shall be present to monitor all ground-disturbing activities associated with the Project. Monitoring Phase: Enforcement Agency: Ponte Vista Project Final Environmental Impact Report Pre-Construction; Construction Department of Building and Safety V. Mitigation Monitoring and Reporting Program Page V-7 5-155 City of Los Angeles June 2013 Monitoring Agency: Department of City Planning Monitoring Frequency: Daily, during ground-disturbing activities Action Indicating Compliance: Quarterly compliance report submitted by qualified archaeologist CULT-2: Prior to initiation of ground-disturbing activities, the archaeological monitor shall conduct a brief awareness training session for the benefit of all construction workers and supervisory personnel. The training, which could be held in conjunction with the Project's initial on-site safety meeting, shall explain the importance of and legal basis for the protection of significant archaeological resources. Each worker shall also learn the proper procedures to follow in the event that cultural resources or human remains/burials are uncovered during ground-disturbing activities. These procedures include work curtailment or redirection and the immediate contact of the site supervisor and the archaeological monitor. It is recommended that this worker education session include visual images of artifacts that might be found in the Project vicinity. Monitoring Phase: Pre-Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of City Planning Monitoring Frequency: Once, prior to ground-disturbing activities Action Indicating Compliance: Compliance report submitted by qualified archaeologist CULT-3: In the event that cultural resources are exposed during construction, work in the immediate vicinity of the find shall stop until a qualified archaeologist can evaluate the significance of the find. Construction activities may continue in other areas. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Ponte Vista Project Final Environmental Impact Report Construction Department of Building and Safety Department of City Planning Daily, during ground-disturbing activities V. Mitigation Monitoring and Reporting Program Page V-8 5-156 City of Los Angeles June 2013 Action Indicating Compliance: Quarterly compliance report submitted by contractor Section IV.E.2. Cultural Resources -Paleontological Resources CULT-4: Prior to ground disturbance, the vertebrate fossils observed at locality JLD 102210-02 (see Appendix IV.E-2) shall be collected. A bulk sample of the matrix (approximately 2,000 pounds) containing the invertebrate specimens shall also be collected and screened. Following matrix sampling, this area shall be closely monitored during construction grading to ensure the recovery of any additional scientifically significant fossil specimens. Monitoring Phase: Pre-Construction; Construction Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Department of Building and Safety Department of City Planning Once, prior to ground-disturbing activities; Daily, during ground-disturbing activities Vertebrate fossil collected; Compliance report for fossil collection submitted by qualified paleontologist; Quarterly compliance report for daily monitoring CULT-5: Prior to ground disturbance, a qualified paleontologist shall be retained to produce a Paleontological Monitoring and Mitigation Plan for the Project and to supervise monitoring of construction excavations. Paleontological resource monitoring shall include inspection of exposed rock units during active excavations within sensitive geologic sediments. The monitor shall have authority to temporarily divert grading away from exposed fossils to professionally and efficiently recover the fossil specimens and collect associated data. Monitoring Phase: Enforcement Agency: Monitoring Agency: Ponte Vista Project Final Environmental Impact Report Pre-Construction Department of Building and Safety Department of City Planning V. Mitigation Monitoring and Reporting Program Page V-9 5-157 City of Los Angeles Monitoring Frequency: Action Indicating Compliance: June 2013 Once, prior to ground-disturbing activities Produce a Paleontological Monitoring and Mitigation Plan; Quarterly compliance report submitted by qualified paleontologist per mitigation measure CULT-6, below CULT-6: All Project-related ground disturbance that could potentially affect the San Pedro Sand and Palos Verdes Sand shall be monitored by a qualified paleontological monitor on a full-time basis. Part-time monitoring shall be conducted in all Project-related ground disturbances affecting younger Quaternary alluvium. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Construction Department of Building and Safety Department of City Planning Daily, during ground-disturbing activities Quarterly compliance report submitted by qualified paleontologist CULT-7: At each fossil locality, field data forms shall be used to record pertinent geologic data, stratigraphic sections shall be measured, and appropriate sediment samples shall be collected and submitted for analysis. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Ponte Vista Project Final Environmental Impact Report Construction Department of Building and Safety Department of City Planning Prior to ground-disturbing activities; Daily, during ground-disturbing activities if a new fossil locality is discovered V. Mitigation Monitoring and Reporting Program Page V-10 5-158 City of Los Angeles Action Indicating Compliance: June 2013 Field data forms and sediment samples collected by qualified paleontologist CULT-8: Recovered fossils shall be prepared to the point of curation, identified by qualified experts, listed in a database to facilitate analysis, and reposited in a designated paleontological curation facility. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Construction Department of Building and Safety Department of City Planning As fossils are recovered Submittal of identified fossils and associated information by qualified paleontologist CULT-9: The qualified paleontologist shall prepare a final monitoring and mitigation report to be filed with the City, the Project Applicant, and the repository. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Ponte Vista Project Final Environmental Impact Report Construction Department of Building and Safety Department of City Planning Once, at end of the construction phase Submittal of final monitoring and mitigation report by qualified paleontologist V. Mitigation Monitoring and Reporting Program Page V-11 5-159 City of Los Angeles June 2013 Section IV.E.3. Cultural Resources -Historic Resources No mitigation measures required. Section IV.F. Geology & Soils GE0-1 A 50-foot wide structural setback zone shall be designated on each side of the interpreted centerline of the surface projection of Fault A (100-foot total width), as shown in Figure IV.F-4. No habitable structures shall be located within this setback zone. Monitoring Phase: Pre-Construction Enforcem~nt Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Once, during Plan Check Action Indicating Compliance: Plan approval Section IV.G. Greenhouse Gas Emissions No mitigation measures required. Section IV.H. Hazards and Hazardous Materials HAZ-1 Hydrocarbon-impacted soils encountered during grading and excavation work at the Project Site shall be characterized. Any soils containing hydrocarbons at levels of concern shall be either remediated on-site prior to reuse or removed and disposed of in accordance with all applicable laws and regulations, including those promulgated by the California Department of Toxic Substances Control (DTSC). All necessary approvals shall be obtained from the lead enforcement agency including, but not limited to, the Los Angeles County Fire Department Health and Hazardous Materials Division. Monitoring Phase: Enforcement Agency: Monitoring Agency: Ponte Vista Project Final Environmental Impact Report Construction Los Angeles County Fire Department Health and Hazardous Materials Division Department of Building and Safety V. Mitigation Monitoring and Reporting Program Page V-12 5-160 City of Los Angeles Monitoring Frequency: Actions Indicating Compliance: June2013 Once, prior to grading and excavation work Once, after remediation is complete, if necessary Characterization of hydrocarbon-impacted soils by contractor; Approvals Los Angeles County Fire Department Health and Hazardous Materials Division HAZ-2 Prior to demolition activities, an investigation for asbestos containing materials (ACMs) shall be q:mducted and identified asbestos shall be abated in accordance with the South Coast Air Quality Management District (SCAQMD)'s Rule 1403, as well as all other applicable City, state, and federal regulations. Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Once, prior to issuance of demolition permit Actions Indicating Compliance: Issuance of demolition permit HAZ-3 Prior to demolition activities, an investigation for lead-based paint (LBP) shall be conducted and identified LBP shall be abated in accordance with applicable City, State, and federal regulations. Construction workers shall be properly trained in lead-related construction in order to avoid exposure of such workers to lead-containing material. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Actions Indicating Compliance: Ponte Vista Project Final Environmental Impact Report Construction Department of Building and Safety Department of Building and Safety Once, prior to issuance of demolition permit Issuance of demolition permit V. Mitigation Monitoring and Reporting Program Page V-13 5-161 City of Los Angeles June 2013 Section IV.I. Hydrology and Water Quality No mitigation measures required Section IV.J. Land Use and Planning No mitigation measures required. Section IV.K. Noise N0-1 Noise and groundbome vibration construction activities whose specific location on the Project Site may be flexible (e.g., operation of compressors and generators, cement mixing, general truck idlip.g) shall be conducted as far as possible from the nearest noise-and vibration-sensitive land uses. Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Periodic field inspections during construction Actions Indicating Compliance: Field inspection sign-off; Quarterly compliance report submitted by contractor N0-2 When possible, construction activities shall be scheduled so as to avoid operating several pieces of equipment simultaneously, which causes high noise levels. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Actions Indicating Compliance: Ponte Vista Project Final Environmental Impact Report Construction Department of Building and Safety Department of Building and Safety Periodic field inspections during construction Field inspection sign-off; Quarterly compliance report submitted by contractor V. Mitigation Monitoring and Reporting Program Page V-14 5-162 City of Los Angeles June2013 N0-3 Flexible sound control curtains shall be placed around all drilling apparatuses, drill rigs, and jackhammers when in use. Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Periodic field inspections during construction Actions Indicating Compliance: Field inspection sign-off; Quarterly compliance report submitted by contractor N0-4 The Project contractor shall use power construction equipment fitted with the best available technology in noise shielding and muffling devices. Monitoring Phase: Construction Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: At initiation of construction activities, and quarterly thereafter Action Indicating Compliance: Quarterly compliance report submitted by contractor N0-5 Barriers such as plywood structures or flexible sound control curtains extending eight-feet high shall be erected around the Project Site boundary to minimize the amount of noise on the surrounding noise-sensitive receptors to the maximum extent feasible during construction. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Actions Indicating Compliance: Ponte Vista Project Final Environmental Impact Report Construction Department of Building and Safety Department of Building and Safety Prior to construction activities, then periodic field inspections during construction Field inspection sign-off; V. Mitigation Monitoring and Reporting Program Page V-15 5-163 City of Los Angeles June 2013 Quarterly compliance report submitted by contractor N0-6 All construction truck traffic shall be restricted to truck routes approved by the City of Los Angeles Department of Building and Safety, which shall avoid residential areas and other sensitive receptors to the extent feasible. Prior to the commencement of construction at the Project Site, a meeting shall be held with appropriate representatives of the Cities of Rancho Palos Verdes, Torrance, and Lomita. The purpose of the meeting will be to designate truck routes for off-site load hauling vehicles and other construction-related vehicles. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Construction Department of Building and Safety Department of Building and Safety Periodic field inspections during construction Approval of Haul Route; quarterly compliance report submitted by contractor N0-7 Two weeks prior to the commencement of construction at the Project Site, notification shall be provided to the immediate surrounding cities and off-site residential, school, and memorial park properties that discloses the construction schedule, including the various types of activities and equipment that would be occurring throughout the duration of the construction period. Monitoring Phase: Pre-Construction Enforcement Agency: Department of Building and Safety . Monitoring Agency: Department of Building and Safety Monitoring Frequency: Once, 2 weeks prior to construction Actions Indicating Compliance: Compliance report submitted by contractor N0-8 Equipment warm-up areas, water tanks, and equipment storage areas shall be located a minimum of 45 feet from abutting sensitive receptors. Monitoring Phase: Ponte Vista Project Final Environmental Impact Report Construction V. Mitigation Monitoring and Reporting Program Page V-16 5-164 City of Los Angeles June 2013 Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Building and Safety Monitoring Frequency: Once, at initiation of construction; Periodic field inspections during construction ·Actions Indicating Compliance: Field inspection sign-off; Quarterly compliance report submitted by contractor Section IV.L. Population and Housing No mitigation measures required. Section IV.M.1. Public Services -Fire Protection No mitigation measures required. Section IV.M.2. Public Services -Police Protection No mitigation measures required. Section IV.M.3. Public Services -Schools No mitigation measures required. Section IV.M.4. Public Services-Parks and Recreation No mitigation measures required. Section IV.M.5. Public Services -Libraries No mitigation measures required. Section IV.N. Transportation and Traffic TRANS-1 Prior to the generation of 451 PM peak hour trips at the site, the Project Applicant shall do the following: a. Restripe the southbound approach and median islands on Crenshaw Boulevard at Pacific Coast Highway to accommodate a second left-tum lane; and Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-17 5-165 City of Los Angeles June 2013 b. Modify the traffic signal to accommodate the installation of the second southbound left-tum lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action In4icating Compliance: Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 451 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-2 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall modify the existing traffic signal at the intersection of Crenshaw Boulevard and Palos Verdes Drive North to provide a northbound right-tum signal phase on Crenshaw Boulevard that would overlap with the westbound left-tum signal phase on Palos Verdes Drive North. To accommodate this signal phasing, U-tum movements on the westbound approach of Palos Verdes Drive North shall become prohibited. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-3 Prior to the generation of 151 PM peak hour trips at the site, the Project Applicant shall do the following: a. Restripe the southbound approach on Western A venue at Lomita Boulevard to accommodate installation of a right-tum only lane; and Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-18 5-166 City of Los Angeles June 2013 b. Modify the existing traffic signal at Western A venue and Lomita Boulevard to provide a southbound right-tum signal phase on W estem A venue that would overlap with the eastbound left-tum signal phase on Lomita Boulevard. Monitoring Phase: Occupancy Enforcement Agency: Department of Building and Safety ·Monitoring Agency: Department of Transportation Monitoring Frequency: Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 151 PM peak hour trips Action Indicating Compliance: Field inspection sign-off for the listed modifications TRANS-4 Prior to the generation of 1 PM peak hour trip at the site, the Project Applicant shall do the following: a. Modify the southbound approach on Western A venue at Pacific Coast Highway to install a second left-tum lane and a third through lane; and b. Modify the existing traffic signal at the intersection of Western A venue and Pacific Coast Highway to accommodate the modification to the southbound approach. Monitoring Phase: Pre-Occupancy Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Department of Building and Safety Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-5 Prior to the generation of 1 PM peak hour trip at the site, the Project Applicant shall do the following: a. Modify the westbound approach on Palos Verdes Drive North at Western Avenue to install a second left-tum lane; Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-19 5-167 City of Los Angeles June 2013 b. Modify the existing median on Palos Verdes Drive North and the existing traffic signal at the intersection of Palos Verdes Drive North and Western Avenue to accommodate the modification to the westbound approach; c. Modify the existing median and restripe the northbound approach on Western Avenue at Palos Verdes Drive North to install a right-tum only lane; d. Restripe the southbound approach on Western Avenue at Palos Verdes Drive North to install a right-tum lane. Monitoring Phase: Pre-Occupancy Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Transportation Monitoring Frequency: Action Indicating Compliance: Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-6 Prior to the generation of 1 PM peak hour trip at the site, the Project Applicant shall install a traffic signal at the intersection of Western Avenue and Peninsula Verde Drive. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-7 Prior to the generation of 451 PM peak hour trips at the site, the Project Applicant shall install a traffic signal at the intersection of Western Avenue and Fitness Drive. Monitoring Phase: Enforcement Agency: Ponte Vista Project Final Environmental Impact Report Occupancy Department of Building and Safety V. Mitigation Monitoring and Reporting Program Page V-20 5-168 City of Los Angeles Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: June2013 Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 451 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-8 Prior to the generation of 151 PM peak hour trips at the site, the Project Applicant shall do the following: a. Modify the northbound approach on Western Avenue at Westmont Drive to install a right-tum only lane; and b. Restripe the eastbound approach on Westmont Drive at Western A venue to provide one left-tum lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 151 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-9 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall restripe the northbound approach on Western A venue at Capitol Drive and modify the raised median to install a right-tum only lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Ponte Vista Project Final Environmental Impact Report Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Field inspection sign-off for the listed modifications V. Mitigation Monitoring and Reporting Program Page V-21 5-169 City of Los Angeles June 2013 TRANS-10 Prior to the generation of 451 PM peak hour trips at the site, the Project Applicant shall modify the existing traffic signal to provide a westbound right-tum signal phase on Summerland A venue that would overlap with the southbound left-tum signal phase on Western A venue at the Summerland A venue intersection . . Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 451 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-11 Prior to the generation of 151 PM peak hour trips at the site, the Project Applicant shall widen the south side of Anaheim Street west of Vermont Avenue by approximately 12 feet to accommodate a 180-foot long turn pocket and install a right-tum only lane at the eastbound approach to the intersection. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 151 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-12 Prior to the generation of 151 PM peak hour trips at the site, the Project Applicant shall do the following: a. Widen Gaffey Street north of Westmont Drive to accommodate installation of a right-tum only lane at the southbound approach to the intersection; Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-22 5-170 City of Los Angeles June 2013 b. Relocate the existing southbound near-side Metro bus stop on Gaffey Street to the far side of the intersection (i.e., south of the intersection) where a full bus pad is to installed in the street; c. Modify the existing traffic signal to provide a southbound right-tum signal phase on Gaffey Street that would overlap with the eastbound left-tum signal phase on Westmont Drive at the Gaffey Street intersection; and d. Enhanced signage shall be provided as needed to guide the right-tum motorists from the eastbound Anaheim Street approach to Gaffey Street and Palos Verdes Drive North. It is noted that the southbound approach on Gaffey Street can be modified to include continuation of the existing bicycle lane and the southbound right-tum only lane. Monitoring Phase: Occupancy Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 151 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-13 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall do the following: a. Restripe the southbound approach on Gaffey Street at Summerland A venue to accommodate the installation of a right-tum only lane, and b. Modify the existing traffic signal to provide a southbound right-tum signal phase on Gaffey Street that would overlap with the eastbound left-tum signal phase on Summerland A venue at the Gaffey Street intersection. Monitoring Phase: Enforcement Agency: Monitoring Agency: Ponte Vista Project Final Environmental Impact Report Occupancy Department of Building and Safety Department of Transportation V. Mitigation Monitoring and Reporting Program Page V-23 5-171 City of Los Angeles June 2013 Monitoring Frequency: Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Action Indicating Compliance: Field inspection sign-off for the listed modifications TRANS-14 Prior to the generation of 451 PM peak hour trips at the site, the Project Applicant shall do the following: a. Modify the westbound approach on Sepulveda Boulevard to accommodate the installation of a second left-tum lane at the Vermont Avenue intersection; b. Remove the existing raised median island on Sepulveda Boulevard, east of Vermont Avenue, to accommodate installation of the second westbound left-tum lane; and c. Modify the traffic signal to accommodate the installation of the second westbound left-tum lane. Monitoring Phase: Occupancy Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Transportation Monitoring Frequency: Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 451 PM peak hour trips Action Indicating Compliance: Field inspection sign-off for the listed modifications TRANS-15 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall do the following: a. Widen the north and south sides of Pacific Coast Highway east and west of Vermont Avenue to provide up to a 42-foot half roadway on the 50-foot half right-of-way; b. Install a second left-tum lane at the westbound approach; and c. Modify the existing traffic signal and roadway striping at the intersection as needed. Ponte Vista Project V. Mitigation Monitoring and Reporting Program Page V-24 Final Environmental Impact Report 5-172 City of Los Angeles June 2013 Monitoring Phase: Occupancy Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Transportation Monitoring Frequency: Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Action Indicating Compliance: Field inspection sign-off for the listed modifications TRANS-1.6 Prior to the generation of 1 PM peak hour trip at the site, the Project Applicant shall do the following: a. Modify the existing traffic signal at Figueroa Place/ Anaheim Street to provide a southbound right-tum signal phase on Figueroa Place that would overlap with the eastbound left-tum and through phase sufficiently long enough to accommodate the southbound right-tum volumes; and b. Install a new traffic signal at Figueroa Place/I-110 Southbound Off-ramp (north of Anaheim Street). Monitoring Phase: Pre-Occupancy Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Transportation Monitoring Frequency: Once, prior to issuance of the first certificate of occupancy for the Project Action Indicating Compliance: Field inspection sign-off TRANS-17 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall do the following: a. Modify the southbound approach on Figueroa Street at the Harbor Freeway Northbound On-ramp (north of Pacific Coast Highway) to accommodate the installation of a right-tum-only lane; b. Adjust the median to accommodate the right-tum-only lane; and Ponte Vista Project V. Mitigation Monitoring and Reporting Program Page V-25 Final Environmental Impact Report 5-173 City of Los Angeles June 2013 c. Modify the traffic control equipment as needed. Monitoring Phase: Occupancy Enforcement Agency: Department of Building and Safety Monitoring Agency: Department of Transportation ·Monitoring Frequency: Action Indicating Compliance: Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-18 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall modify the westbound approach on Pacific Coast Highway at Figueroa Street to accommodate a fourth through lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-19 Prior to the generation of 1 PM peak hour trip at the site, the Project Applicant shall install a traffic signal at the Figueroa Street/Harbor Freeway Northbound On-ramp intersection (north of Anaheim Street). In addition, the existing roadway striping at the northbound approach to the intersection would be adjusted based on direction from LADOT. Monitoring Phase: Enforcement Agency: Monitoring Agency: Ponte Vista Project Final Environmental Impact Report Pre-Occupancy Department of Building and Safety Department of Transportation V. Mitigation Monitoring and Reporting Program Page V-26 5-174 City of Los Angeles Monitoring Frequency: Action Indicating Compliance: June 2013 Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-20 Prior to the generation of 301 PM peak hour trips at the site, the Project Applicant shall widen the westbound approach on Anaheim Street at Figueroa Street by approximately 10 feet to accommodate a 120-foot long turn pocket and install a right-tum-only lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of a certificate of occupancy for a mix of uses that would generate 301 PM peak hour trips Field inspection sign-off for the listed modifications TRANS-21 Prior to completion of the Project, the Project Applicant shall make a fair-share payment toward the installation of the County's traffic signal synchronization system for the Normandie Avenue/Sepulveda Boulevard intersection. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Occupancy Department of Building and Safety Los Angeles County Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-22 Prior to completion of the Project, the Project Applicant shall make a fair-share payment toward the following: Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-27 5-175 City of Los Angeles June 2013 a. Modify the northboWld approach on Normandie Avenue to accommodate the installation of a second left-tum lane at the Lomita Boulevard intersection; and b. Remove the raised median island on Normandie Avenue, south of Lomita Boulevard, to accommodate the installation of the second northboWld left-tum lane. It is noted that the northboWld approach on Normandie A venue can be modified to include continuation of the existing bicycle lane and the second northboWld left-tum lane. Monitoring Phase: Pre-Occupancy Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Department of Building and Safety Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-23 Prior to completion of the Project, the Project Applicant shall make a fair-share payment toward the following improvements: a. Modify the northboWld and southboWld approaches on Vermont A venue at Sepulveda Boulevard to accommodate the installation of a second right-tum only lane; and b. Remove the existing raised median island on Vermont A venue, south of Sepulveda Boulevard, and modify the existing raised median island on Vermont A venue, north of the intersection, to accommodate the installation of the second right-tum lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Ponte Vista Project Final Environmental Impact Report Pre-Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project V. Mitigation Monitoring and Reporting Program Page V-28 5-176 City of Los Angeles June 2013 Action Indicating Compliance: Field inspection sign-off TRANS-24 Prior to completion of the Project, the Project Applicant shall make a fair-share payment toward the following improvements: a. Modify the eastbound approach on Lomita Boulevard, west of Vermont A venue, to accommodate the installation of a second left-tum lane; b. Remove the existing raised median island on Lomita Boulevard, west of Vermont A venue, and modify the striping on the east leg of the intersection as needed; and c. Modify the traffic signal to accommodate the installation of the second southbound left-tum lane. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Occupancy Department of Building and Safety Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-25 Prior to the issuance of Building Permits for each residential building within the Project, the Project Applicant shall perform, to the satisfaction of LADOT, a trip generation analysis for the units to be constructed. The results of these studies shall indicate which of the intersection improvements shown above in Mitigation Measures TRANS-1 through TRANS-20 must be operational prior to the occupancy of the subject residential units. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Ponte Vista Project Final Environmental Impact Report Pre-Construction Department of Building and Safety Department of Transportation As specified for TRANS-I to TRANS-24, above Trip Generation analysis approval by LADOT V. Mitigation Monitoring and Reporting Program Page V-29 5-177 City of Los Angeles June 2013 TRANS-26 The Project Applicant shall coordinate with local and regional transit operators, including Metro and LADOT, to develop and implement strategies to increase transit utilization by Project residents. These transportation demand management (TDM) strategies could include, but would not be limited to, providing bus schedules and transit route information to residents, providing bicycle racks and information regarding optimal bike routes to local destinations to residents, and a carpooling information exchange. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Occupancy, Occupancy Department of Transportation Department of Transportation Once, prior to issuance of a certificate of occupancy for each residential structure; Annually, during occupancy Annual compliance report submitted by building management TRANS-27 In conjunction with the street widening of Western Avenue adjacent to the Project Site, the Applicant shall provide a bus turnout lane and bus stop facilities (shelter, bench and schedule information) at bus stops adjacent to the Site. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Action Indicating Compliance: Pre-Occupancy Department of Transportation Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Field inspection sign-off TRANS-28 The Project Applicant shall coordinate with LADOT to potentially extend the existing San Pedro DASH route northerly on Western Avenue to serve the Project Site. If deemed Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-30 5-178 City of Los Angeles June2013 necessary, the Project Applicant shall provide appropriate turnaround facilities to allow the DASH vehicles to utilize the Project Site as an end point on the route. Monitoring Phase: Enforcement Agency: Monitoring Agency: Monitoring Frequency: Actions Indicating Compliance: Pre-Occupancy Department of Transportation Department of Transportation Once, prior to issuance of the first certificate of occupancy for the Project Determination by LADOT regarding the DASH Route; Field inspection sign-off Section IV.0.1. Utilities and Service Systems -Water UTIL-1 In the event of full or partial public street closures, the Project Applicant shall employ flagmen during the construction of new water lines, to facilitate the flow of traffic. Monitoring Phase: Construction Enforcement Agency: Department of Transportation Monitoring Agency: Department of Transportation Monitoring Frequency: Periodic field inspections during closures Actions Indicating Compliance: Field inspection sign-off; Compliance report submitted by contractor Section IV.0.2. Utilities and Service Systems-Wastewater No mitigation measures required. Section IV.0.3. Utilities and Service Systems -Solid Waste No mitigation measures required. Section IV.0.4. Utilities and Service Systems -Energy No mitigation measures required. Ponte Vista Project Final Environmental Impact Report V. Mitigation Monitoring and Reporting Program Page V-31 5-179 NWSPNC Planning & Land Use Committee agenda 5-180 Northwest San Pedro Neighborhood Council Planning and Land Use Committee Agenda Monday, July 1, 2013, 6:00 p.m. San Pedro City Hall 638 S. Beacon St. Room 452 1. Welcome/Introductions 2. Ponte Vista • Specific Plan • EIR Release • Motion 3. Rancho Holdings -Motion 4. Public Comment on Non-Agenda Items 5. Adjourn -To Be Announced Note: Anything on this Agenda Could Result in a Motion To Contact us: www.nwsanpedro.org, board@nwsanpedro.org, or 310-732-4522 As a covered entity under Title II of the Americans with Disabilities Act, the City of Los Angeles does not discriminate on the basis of disability and upon request will provide reasonable accommodation to ensure equal access to its programs, services, and activities. Sign language interpreters, assisted listening devices, or other auxiliary aids and/or services may be provided upon request. To ensure availability of services please make your request at least 3 business days (72 hours) prior to the meeting by contacting the Department of Neighborhood Empowerment at 213-485-1360. 5-181 Comments on Ponte Vista project and FEIR: Rancho Palos Verdes 5-182 CITY OF RANCHO PALOS VERDES CITY MANAGER'S OFFICE ADMINISTRATION 29 July 2013 VIA ELECTRONIC & U.S. MAIL · Henry Chu, City Planner Los Angeles Department of City Planning, Major Projects 200 N. Spring St., Rm. 750 Los Angeles, CA 90012 SUBJECT: Comments on the Ponte Vista Project (Case Nos. CPC-2012-2558- GPA-ZC-SP, VTT-71886-MU & ENV-2005-4516-EIR) Dear Mr. Chu: Thank you for providing the City of Rancho Palos Verdes with the opportunity to comment on the Ponte Vista project. I plan to attend tomorrow's public hearing in San Pedro but also wanted to enter these written comments into the record. The City of Rancho Palos Verdes has monitored the reuse of the former San Pedro Navy Housing site for many years, and we were appreciative of the inclusion of several Rancho Palos Verdes residents on the Ponte Vista Community Advisory Committee in 2007 when the original 2,300-unit proposal for the site was under consideration. At that time, our City Council went on record as supporting the recommendations of the Advisory Committee, which rejected a revised 1,950-unit proposal and affirmed the current R-1 zoning and density for the property. Our City Council believed that these recommendations were reflective of the desires of the majority of residents who live near the Ponte Vista site, and we were pleased to see that the Los Angeles Planning Staff and City Planning Commission ultimately agreed (at least in part) in 2009. · Beginning in 2011, we began meeting with the new Ponte Vista development team under the auspices of the Northwest San Pedro Neighborhood Council's Planning and Land Use Committee. These meetings initially focused on the new traffic study being prepared for the revised 1, 135-unit proposal, but eventually included other aspects of the proposed project, including the draft EIR and Specific Plan. In January 2013, we submitted extensive comments on the Draft EIR for the revised Ponte Vista project. We appreciate that the recently-released Final EIR includes extensive and detailed responses to all of our comments. However, we would take this opportunity to respectfully raise several issues of concern about the Ponte Vista project and EIR that we believe have not been adequately addressed: 30940 HAWTHORNE BLVD. I RANCHO PALOS VU<OES, CA 90275-5391 I (310) 544-5205 I FAX (310) 544-52fl1 WWW.W\LQSVERDES.COM/Rf'V PRINTED ON RECYCLED PA.f'CR 5-183 Henry Chu 29 July 2013 Page2 • We remain concerned about the impact of the proposed project upon emergency access along Western Avenue, which is the only point of ingress/egress for this project and for thousands of existing residents in surrounding neighborhoods in Rancho Palos Verdes and San Pedro. • Based upon our decades-long experience with school circulation patterns in the project area, the assumption that middle-school students residing at Ponte Vista will desire (or even be permitted) to walk to Dodson Middle School is unrealistic. • Even with the developer's last-minute offer of some limited public open space within the project, we believe that the City's Eastview Park will experience increased demand and wear-and-tear as a result of the project, which will not be offset by the payment of Quimby fees to the City of Los Angeles. • Although the project's traffic study concludes that adverse project impacts can be mitigated, we are concerned that some of these proposed mitigation measures along Western Avenue will be unacceptable to our City and/or CalTrans, thereby resulting in significant adverse traffic impacts that cannot be mitigated. • The Final EIR rejects as infeasible several project alternatives that have lower residential density; include a greater mix of residential and non-residential uses; and/or conform to the existing zoning of the site, on the basis (at least in part) that such alternatives are financially infeasible. However, this is a condition that the City believes that the surrounding community is not obligated to accept as a rationale for maximizing the currently developer's profit due to the unrealistically high price paid for the property by previous developers. Thank you for your consideration of the concerns of the City of Rancho Palos Verdes regarding the Ponte Vista project. If you have any questions or need additional information, please feel free to contact me at (310) 544-5226 or via e-mail at kitf@rpv.com. s#: Kitfox.Z Senior Administrative Analyst cc: Mayor Susan Brooks and Rancho Palos Verdes City Council Carolyn.Lehr, City Manager Carolynn Petru, Deputy City Manager M:\Border lssues\Ponte Vista Project\20130729_Chu_PonteVistaComments.docx 5-184 Comments on Ponte Vista project and FEIR: NWSPNC 5-185 PONTE VISTA: FEIR COMMENTS AND CONSIDERATIONS On Tuesday, July 30, 2013, the City of Los Angeles will conduct a public hearing discussing the final EIR for the Ponte Vista Development located at 26900 S. Western Ave., San Pedro. Starting at 10:00 A.M., the hearing will be located at the Port of Los Angeles Administration Building, 425 S. Palos Verdes St., Harbor Commission Board Room, San Pedro, CA 90731. Formally military housing, the Ponte Vista Project will prove to be one of San Pedro's most significant developments with 61.5 acres of high density housing proposed. On this parcel of land, 830 units are . projected. We invite you to participate in the hearing process and voice your thoughts, interest or concerns. As you may be aware, the Northwest San Pedro Neighborhood Council (NWSPNC) has examined the draft EIR submitted by the applicant and have found many areas of concern. The Council filed an extensive response to the draft EIR. Additionally, the NWSPNC, invited the applicant to sit with representatives to discuss our concerns for quite a while. Recently, discussions occurred with the applicant making minor modifications to their plans. Earlier this month, the applicant presented portions of their revised drawings of the project to the NWSPNC highlighting a small change to the proposed open space associated with the project. The applicant has yet to produce a complete set of the revised application -it appears the applicant may not know or have all parts of their application ready. It is the position of the Northwest San Pedro Neighborhood Council that a public hearing should only be called after the applicant has submitted a complete and stable application packet giving staff and the community adequate time to review the packet before the hearing. Therefore, the Northwest San Pedro Neighborhood Council will request at the public hearing next Tuesday, the hearing panel to continue the hearing to allow the applicant to finish the revised packet and allow adequate review time for the community. At its last board meeting on July 8, 2013, the NWSPNC adopted a resolution that expressed "serious concerns about the project as proposed." In part, the concerns expressed include; a lack of traditional single family housing; no senior housing; a lack of public open space and no jobs for local community unemployed or underemployed. The resolution states; "At a minimum the plan should : 1) Include at least as much real public space as the existing zoning (requires); 2) Have public roads, not gated; 3) Include senior housing; 4) Include on-site amenities to reduce need to travel from site and 5) Be consistent with the character of San Pedro." The resolution left the door open for further negotiations with the applicant. Since then, we have had two meetings with the applicant and their technical staff. The applicant has expressed willingness to edit some of the shortcomings of their specific plan to address some of our concerns with the document. From their perspective, the number of units and exclusive private auto access nature of the project remain unchanged. 1 5-186 PONTE VISTA: FEIR COMMENTS AND CONSIDERATIONS Besides the density and gated nature, our review and discussion has focused on the: 1) Incompleteness of Specific Plan; 2) Inconsistency with San Pedro Community Plan; 3) Lack of Meaningful Public Participation Opportunity; . 4) Disregard of the Local Context; S) Lack of making a publicly accessible and desirable place with public open spaces and recreational amenities that are walkable and diverse like many of our traditional neighborhoods. The Northwest San Pedro Neighborhood Council invites you to participate in this public hearing and support your neighborhood council to express the above-listed issues and other points that may be of interest you. 2 5-187 Comments on Ponte Vista project and FEIR: R Neighborhoods R 1 5-188 Planning Department City of Los Angeles 200 N. Spring St. Los Angeles, Ca. 90012 Attn: Henry Chu Major Projects Room 750C Case No.: CPC-2012-2558-GPA-ZC-SP, VTT-71886-MU CEQA No.: ENV-2005-4516-EIR Hearing Date: July 30, 2013 Re: Single Family Alternative Feasibility Analysis Dear Mr. Chu, 1. The FEIR analyzes no "build by right" alternative. The FEIR contains no analysis of a "build by right", single-family home alternative. It is difficult to see how it can be approved without a good faith analysis of such an alternative. The DEIR contained two "no project" alternatives; Alternative A, a "do nothing" alternative, and Alternative B, a 385 single-family housing project. However, Alternative B was not a true "no project" alternative because it had no Open Space component even though part of the site is zoned as Open Space. Applicant now claims that it can only build 169 homes and needs a zone change to do even that. It has dropped its Alternative B. The claim that it can only build 169 shows that Alternative B for 385 homes was a sham. The FEIR does not include an alternative that analyzes what the applicant could build on the property under a claim of right, by ministerial actions of the City with no zone change required. The failure to include a build-by-right alternative is a serious and flagrant omission. Because of this, the FEIR is inadequate and cannot be approved. The applicant and City should prepare a good faith R1 alternative and circulate it for comment. 2. The Applicant's 169 unit analysis is unsupported by substantial evidence. The applicant might claim that its 169 home project discussed in Topical Comment 6 and in its Concord Group Economic Feasibility Analysis is the single- family alternative, even though it requires discretionary approval by the City. In it, they say they cannot build more than 169 single family homes because an 5-189 earthquake fault takes away buildable space, and that they need more land for a public road to Mary Star so that they can still have private roads in the project site. As for feasibility, they say that building costs are very high because land compaction is needed, and the project is not feasible because the land acquisition cost was $120 million. There have been a number of R1 numbers thrown about, i.e. 385, 166, 291. The one thing they all have in common, as applicant acknowledges, is that each is far superior environmentally while achieving most of the project objectives. They say, however, that any single family proposal does not achieve the objective of furnishing a range of housing options, and are not feasible to build. We agree that the single-family options are superior environmental proposals; it would be hard to argue to the contrary. We do not agree however, that their analY.sis is complete or legally sufficient. For example: [a] They have not discussed nor explained why they cannot use existing lots and street layouts; we note that the Navy constructed 245 units on the existing pads so it is hard to understand why the applicant can only build 169. They have also not addressed the open area where they intend to build six story apartments. That area is at least six acres. If anything, their claim that only 169 units can be constructed, shows that an analysis of 385 units in Alternative 8 was superficial. [b] They have not explained whether soil compaction applies only for the large buildings they propose, or why it would be required for homes on the lots where they now exist. [c] They have not explained why two roads, one private and one public, are necessary in order to achieve project objectives. 1 [d] They have not analyzed, not discussed in any way, whether they can furnish a range of housing options using existing R1 zoning. Their analysis does not even consider how variety might be achieved, and worse, places their "range of options" objective on a pedestal without ever considering the damage to the City's efforts to revitalize downtown San Pedro by building competing product types. [e] With respect to economic feasibility, they have not. 1/ explained who Bridgeview LLC is nor explained their relationship to !Star Financial; 2/ explained why they use $120 million as a land cost value. If I Star is the owner, did anyone pay down any part of the amount owed before !Star took back 5-190 the property? If so, how much did they pay and how much is the real base for IStar? Did anyone, perhaps Credit Suisse, pay down the amount Bisno et al. owed, perhaps $40 to $50 million, to avoid a filed foreclosure action so that !Star's base is actually much lower, perhaps between $62.5 and $72.5 million rather than $120 million? 3/ explained the jus~ification for using a land value based on speculation of a zone change rather than a value based on existing zoning. We also do not agree with their cost feasibility analysis; they use the speculation value of the property as their cost basis. They should be using the value of the land for an R 1 development, the use for which it is zoned, and not the speculation value Bisno paid for it based on a zone change for 2230 units. They have also used the original bid price for the land value, not the amount that is their ~ctual cost basis. To allow an applicant to use a price-paid, speculative cost basis invites massive manipulation. For example, what would prevent an owner from establishing a subsidiary, selling the property to the subsidiary at a very high price and taking a note for the payment, then having the subsidiary apply for a zone change and increased density using the high note value as a cost basis because a less dense development is no longer feasible?2 Or, what if an applicant says the land value with high-rise office buildings on it is $600 Million? Would they be entitled to claim a land value of $600 Million to show that an R1 project is infeasible? 3. An R1 project is both reasonable and feasible. The applicant did not propose a zone compliant project, but the earlier RNeighborhoodsR1 comment letter did. It used 291 units for analysis, based on 15 acres of Open Space zoning. Since then, we have taken into account the applicants calculation that the correct figure is 9.8 acres and that our earlier comment letter did not include certain land preparation expenses. Based on that data, we have modified our numbers. While the pro rata reduction from 385 would be 323, we have instead used seven houses per acre for R1, or 360 single family homes based on 51.7 acres zoned R1. Further, we have addressed the variety of housing options objective by providing for a range of house sizes, with 90 each in sizes from 1400 sf to 2600 sf at increments of 400 sf. While this alone achieves some range of housing options, further design can achieve even more, with clustering, shared open areas, shared common yards, for example. 2 We note that both the buyer and seller end up with inflated assets accounts on their balance sheets through this device. 5-191 As in our earlier comment letter, we use the State of California publication on residential building costs but have updated the data to 2013 numbers, now available at http://www.boe.ca.gov/proptaxes/pdf/ah53113.pdf. We once again use six corner construction with post 1990 Modern quality level D-8 3 and used the 1.4 cost adjustment specified for Los Angeles County for each of the house sizes4 . We then added land development costs per lot of $95,000, a calculation we did not include in our earlier comment letter.5 The big difference however, is that we also use land values reflecting a wider range of land values, several of which reflect the actual zoning rather than the inflated, speculation number used by the applicant.6 SF PSF Cost7 Build Total Land Prep 8 Cost Plus Prep 1400 sf 178.40 249,760 92,000 341,760 1800 sf 168.52 303,336 92,000 395,336 2200.sf 162.22 356,884 92,000 448,884 2600 sf 157.47 409,422 92,000 501,422 For ease of illustration, we then use a uniform price per lot, based on land cost. Land Cost Cost per Lot Sale Price[Cost per lot plus cost plus prep] 1400 1800 2200 2600 30 Million 83,333 425,093 478,669 532,217 584,755 60 Million 166,666 508,426 562,002 615,550 668,088 75 Million 208,333 550,093 603,669 657,217 709,755 All of these prices are lower than the average in the area and many of them are lower than the psf costs in Harbor Highlands. While we believe that using the $120 million speculation price paid by the original buyer, Bisno, is inappropriate and not legally defensible, even that cost figure results in sale prices that are lower than the high end of the range in the area: 3 See page 70 of the link for a description. We note that the description there appears to be superior to the construction types in the surrounding areas. 4 See pages 32 and 76 of the link. 5 This approximates the cost used by applicant's consultant. 6 It appears that !Star's actual cost base is between $62.5 and $72.5 million. We have included a cost figure of $75 million. We still assert that the proper figure is what the land is worth as zoned, not what it might be worth if the City rezones it for them. 7 Per State Guidelines, includes builder profit 8 Includes developer profit. If developer uses existing streets and lots, it is hard to see why this cost would be this high. 5-192 Land Cost Cost per Lot Sale Price[Cost per lot plus cost plus prep] 1400 1800 2200 2600 120 Million 333,332 675,092 728,668 782,216 834,75 Land valuation is almost the entire point of the applicant's feasibility argument. Bisno, the original borrower through a LLC, paid a little over $120 million for the property based on the hope that he could secure a zone change, and applied for 2,230 units very soon after winning the bid. That is not an indication of the land value for R1 zoning nor has the applicant proved that it is its actual cost basis; the LLC borrowed about $112.5 million from IStar and later, when Bisno could not entitle the project, IStar reportedly received $40 to $50 million from one or more of the persons involved in the project in order to avoid a formal foreclosure action. Since the figure of $120 million is essential to the applicant's claim that an R1 alternative is infeasible, the City ought to require proof of its claim. Please note that the Concord Group Economic Feasibility Analysis changes dramatically with a truer cost basis. For example, its analysis of a mixed use project of 477 units pus commercial space shows a loss of $37 million using a cost basis of $120 million. We have a lot of issues with the study, but even using their figures, that project would show a profit with any cost basis below $83 million. Applicant essentially admits that its cost figure is a speculation price when it says it is infeasible to build a project that complies with present zoning. It is doubtful that a feasibility analysis under CEQA permits the use of an inflated value, a value based on some other use. As between the applicant and the City, who should reward the applicant's speculative behavior? Should it be the applicant who pays the price for its speculative behavior or should it be the citizens who bail them out, who pay through increased traffic, damage to downtown revitalization, etc.? At any rate, their claim that a R1 alternative is infeasible is a claim that they could not use the property as it was zoned and that the $120 million claimed cost basis is a speculation number. Nor is their claim that it is infeasible accurate. They should be required to do a legally sufficient analysis of an honest R1 alternative. Please include these comments on behalf of RNeighborhoodsR1. Sincerely, Jonathon P. Nave for RNeighborhoodsR1 5-193 Comments on Ponte Vista project and FEIR: E-mail from Barbara Velez 5-194 Kit Fox From: Sent: To: Carolynn Petru Tuesday, July 30, 2013 10:58 AM Kit Fox Subject: FW: Ponte Vista property-IStar Properties FYI From: Sherry Hernandez [mailto:renoira@sbcglobal.net] Sent: Tuesday, July 30, 2013 10:07 AM To: CC Cc: councildistrictlS@lacity.org Subject: Fwd: Ponte Vista property-!Star Properties Begin forwarded·message: From: Sherry Hernandez <renoira@sbcglobal.net> Date: July 30, 2013 10:02:28 AM PDT To: councilmember.buscaino@lacity.org Cc: cc@rpv.org, councildistrict@lacity.org Subject: Re: Ponte Vista property-IStar Properties On Jul 30, 2013, at 9:57 AM, Sherry Hernandez wrote: I am writing regarding the Ponte Vista Property and the many problems that are alined with its development. As a resident of this area, along with other residents we have very crucial concerns and cannot understand why this has even become a consideration for our city. This property is zones as Rl and the congestion and problems already plaguing o~r growing city along Western A venue would not environmentally accommodate multiple dwellings. Why would our local officials even give a moments thought to accommodating I-Star Financial and their problems since it would cause our community numerous problems? Lots of citizens have worked long hours fighting off the Bisno project, why would we now accept a project from a company that is not an intricate part of our community, a company that would not have to cope with the numerous problems it would leave in it's wake should this project continue? In lieu of the Environmental Impact Report, the numerous citizens objections, studies and reports, in lieu of the recent economic bubble that we are still recuperating from, why would our city even consider such a project? Please stand with the citizens of this city and reject the upcoming project. As public servants, it should be your responsibility to stand with the citizens of the cities you represent. 1 5-195 Thank you in advance for your consideration, Barbara Velez 2 5-196 Daily Breeze article regarding Ponte Vista project 5-197 San Pedro: Latest Ponte Vista housing plan moves to Planning Commission By Donna Littlejohn donna.littlejohn@dailybreeze.com @donna/ittlejohn on Twitter Daily Breeze Posted: DailyBreeze.com Long-stalled development plans for the former Navy housing property in San Pedro move to the Los Angeles Planning Commission on Tuesday, when the latest vision for the Ponte Vista project will be reviewed. A hearing on the city's final environmental impact report, released June 27, will be held during the commission's 10 a.m. meeting at the Port of Los Angeles Administration Building at 425 S. Palos Verdes St. in San Pedro. While the new Ponte Vista plan calls for developing 830 homes --much smaller than earlier proposals that went as high as 2,300 homes --there remains strong opposition among those who want the 61.2-acre property to remain .R-1, which would cut the numbers back even further. If you go What: Los Angeles Planning Commission hearing on the final EIR for the Ponte Vista housing development in San Pedro When: 10 a.m. Tuesday, July 30, 2013 Where: Port of Los Angeles Administration Building, 425 S. Palos Verdes St., San Pedro Information: http://bit.ly/1 bshD3N/. For those who cannot attend, send comments via email to henry.chu@lacity.org with a copy to joe.buscaino@lacity.org. Include reference number ENV-2005-4516-EIR in the subject line. Board members of the Northwest San Pedro Neighborhood Council continued to express "serious concerns" about the proposal in its July 8 resolution. Those concerns include a lack of traditional single-family housing in the plan, no dedicated senior housing and not enough public open space. Supporters, including the San Pedro Chamber of Commerce, believe the project will work in concept. Developing the entire parcel at 26900 S. Western Ave. with detached single-family homes would not be financially feasible, according to iStar, which currently owns the property. Supporters also say it's time to move forward on the project after nearly a decade of discussion. As originally planned in 2005, Ponte Vista called for building 2,300 homes on a long-vacant and dilapidated site still dotted with old Navy homes. The proposal encountered widespread opposition from residents who said it was too dense and would cause more traffic congestion in the area. The project went through numerous revisions after that as the property also changed hands. It was purchased by iStar Financial in 2010. 5-198 Public hearing agenda for Ponte Vista project 5-199 CITY OF LOS ANGELES AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER HEARING AGENDA -SUBDIVISIONS -HEARING OFFICER Tuesday, July 30, 2013 425 South Palos Verdes Street, Harbor Commission Board Room, San Pedro, CA 90731 APPROXIMATE CASE NO. CD OWNER/ PROPERTY ZONE TIME ENGINEER ADDRESS/ COMMUNITY PLAN 1.10:00A.M. VTT-71886-MU, 15 SFI Bridgeview, 26900 S. Western Existing: CPC-2012-2558-GPA-ZC-SP; LLC/ Cox, Avenue R1-1XL & OS- Henry Chu ENV-2005-4516-EIR Castle & (Ponte Vista) I 1XL (213) 978-1324 (830 dwelling units featuring a Nicholson, LLP Wilmington - combination of single-family and Fuscoe Harbor City Proposed: homes, duplexes, townhomes, Engineering Community Plan Penta Vista and flats); General Plan Speci~ic Plan Amendment from Low Residential designation. and Open Space to Low Medium I and II and Medium Residential, Zone Change, Establishment of a Specific Plan) Abbreviations: APC-Area Planning Case; APT-Apartments; C-Condominium; CC-Condominium Conversion; CDP- Coastal Development Permit; CM-Commercial; CMC-Commercial Condominium; CMCC-Commercial Condo Conversion; CPC-City Planning Case; ENV-Environmental Assessment Case; IND-Industrial; INDC-Industrial Condominiums; INDCC- lndustrial Condo Conversion; MANF-Manufacturing; MF-Multiple-Family; MOD-Modification; PP-Project Permit; PS-Private Street; RV-Reversion to Acreage; SC-Stock Cooperative; SF-Single-Family; SUB-Subdivision; ZC-Zone Change EIR-Environmental Impact Report; MND-Mitigated Negative Declaration; ND-Negative Declaration; CE-Categorical Exemption NOTE: Per State Government Code Section 65009(b)(2): If you challenge any agenda items in court, you may be limited to raising only those issues raised in person at the public hearing, or in correspondence received at or before the public hearing. If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits which also affect your ability to seek judicial review. •:• FACILITY AND PARKING ARE WHEELCHAIR ACCESSIBLE •:• SIGN LANGUAGE INTERPRETERS, ASSISTIVE LISTENING DEVICES, OR OTHER AUXILIARY AIDS AND/OR SERVICES MAY BE PROVIDED IF REQUESTED AT LEAST 72-HOURS PRIOR TO THIS MEETING BY CALLING (213) 847-6564. 5-200 Revised NOP for Los Angeles County General Plan Update 5-201 REVISED NOTICE OF PREPARATION OF A DRAFT ENVIRONMENTAL IMPACT REPORT AND NOTICE OF PUBLIC SCOPING MEETING To: Date: Subject: State Clearinghouse, Responsible and Trustee Agencies, and Interested Individuals June 20, 2013 Notice of Preparation of a Draft Environmental Impact Report and Notice of Public Scoping Meeting Project: Los Angeles County General Plan Update Lead Agency: . Los Angeles County NOTICE IS HEREBY GIVEN that County of Los Angeles, through the Department of Regional Planning (Department), will be the Lead Agency for the preparation of an Environmental Impact Report (EIR) in accordance with the California Environmental Quality Act (CEQA) for the project described below. The County released the Notice of Preparation (NOP) for a public review period of 30 days for this process from August 15, 2011 to September 14, 2011. The project description in the August 15, 2011 NOP included an update to the General Plan (excluding the Housing Element) and an update to the Antelope Valley Area Plan. This notice advises interested parties and responsible agencies that the project description has been revised to exclude the Antelope Valley Area Plan Update. The revisions to the proposed project result in changes to the scope of the upcoming EIR from what was previously identified in the August 15, 2011 NOP. An EIR for the Antelope Valley Area Plan Update will be processed and noticed separately. PROJECT INFORMATION: The project is a comprehensive update of the Los Angeles County General Plan. The project includes goals, policies, implementation programs and ordinances. The project covers the unincorporated areas of Los Angeles County and accommodates new housing and employment opportunities in anticipation of population growth in the County and the region. The General Plan Update focuses growth in the unincorporated areas with access to services and infrastructure and reduces the potential for growth in the County's environmentally sensitive and hazardous areas. The project will replace the adopted General Plan. For a comprehensive project description and additional information on the General Plan Update, please visit http://planning.lacounty.gov/generalplan, or contact the General Plan Development and Housing Section at (213) 974-6417 or genplan@planning.lacounty.gov. NOTICE OF PREPARATION: A Revised NOP for the EIR, which describes the project and outlines the potential environmental impacts, has been prepared. The Revised NOP will be available for review from June 28, 2013 to July 29, 2013 on the Department's website at http://planning.lacounty.gov/generalplan/ceqa. Hardcopies will be available at the Department's main office and field office locations listed at the following link: http://planning.lacounty.gov/locations; all County libraries; Calabasas Library located at 200 Civic Center Way, Calabasas, CA 91302; and Altadena Library (Main Library) located at 600 East Mariposa Street, Altadena, CA 91001. Page 1of2 5-202 The Department is seeking input from both agencies and members of the public on the scope and content of the environmental information and analysis to be contained in the EIR. Any correspondence related to the General Plan Update received as part of the first NOP does not have to be resubmitted; it has already been incorporated as part of the environmental review process for the project. Due to the time limits mandated by State law, written comments must be sent via mail, e-mail, or fax no later than 5:00 PM on Monday, July 29, 2013. Please send your comments at the earliest possible date to: Connie Chung, AICP Supervising Regional Planner Los Angeles County Department of Regional Planning 320 W. Temple Street, Room 1356 Los Angeles, CA 90012 Email: genplan@planning.lacounty.gov Fax: (213) 626-0434 PUBLIC SCOPING MEETING: Pursuant to the California Public Resources Code Section 21803.9, Los Angeles County will conduct a public scoping meeting. This meeting will provide a public forum for information dissemination and dialogue regarding the components of the proposed project, the overall process, and the draft EIR. While staff will summarize the issues raised at these meetings, anyone wishing to make formal comments on the NOP must do so in writing. The public scoping meeting will be held at the time and location listed below: Date: Time: Location: July 11, 2013 5:00 p.m. to 6:00 p.m. Los Angeles County Department of Regional Planning 320 W. Temple Street, Room 150 Los Angeles, CA 90012 The scoping meeting will also be streamed live at the following link: http://streaming.planning.lacounty.gov/meeting. Afterward, the recorded presentation and meeting will also be posted at the following link: http://planning.lacounty.gov/generalplan/ceqa. Page 2 of2 5-203 REVISED NOTICE OF PREPARATION (NOP) County of Los Angeles, Department of Regional Planning Project Title: Los Angeles County General Plan Update Introduction: The County of Los Angeles will be the Lead Agency and will prepare an environmental impact report for the comprehensive update of the Los Angeles County General Plan. The project includes goals, policies, implementation programs and ordinances. The project covers the unincorporated areas of Los Angeles County and accommodates new housing and employment opportunities in anticipation of population growth in the County and the region. The project will replace the adopted General Plan. The County released the NOP for a public review period of 30days for this process from August 15, 2011 to September 14, 2011. The project description in the August 15, 2011 NOP included an update to the General Plan (excluding the Housing Element) and an update to the Antelope Valley Area Plan. This notice advises interested parties and responsible agencies that the project description has been revised to exclude the Antelope Valley Area Plan Update. The revisions to the proposed project result in changes to the scope of the upcoming EIR from what was previously identified in the August 15, 2011 NOP. An EIR for the Antelope Valley Area Plan Update will be processed and noticed separately. 1. ENVIRONMENTAL SETTING 1.1 Project Location Los Angeles County is geographically one of the largest counties in the country with approximately 4,083 square miles. The County stretches along 75 miles of the Pacific Coast of Southern California and is bordered to the east by Orange County and San Bernardino County, to the north by Kern County, and to the west by Ventura County. The County also includes two offshore islands, Santa Catalina Island and San Clemente Island, as shown in Figure 1, Regional Location. The unincorporated areas account for approximately 65 percent of the total land area of the County. The unincorporated areas in the northern portion of the County are covered by large amounts of sparsely populated land and include the Angeles National Forest, part of the Los Padres National Forest, and the Mojave Desert. The unincorporated areas in the southern portion of the County consist of 58 noncontiguous land areas, which are often referred to as the County's unincorporated urban islands. The County's governmental structure comprises five Supervisorial Districts with the Los Angeles County Board of Supervisors as the governing body responsible for making all legislative land use decisions for the unincorporated areas. Maps of the Supervisorial Districts and unincorporated areas of the County are available online on the Department of Regional Planning's website: http://planning.lacounty.gov/generalplan. 1.2 General Plan and Planning Areas Framework The Los Angeles County General Plan is the guide for growth and development for the unincorporated areas of Los Angeles County. The General Plan guides the long-term physical development and conservation of the County's land and environment through a framework of goals, policies, and implementation programs. The California Government Code requires that each city and county adopt a general plan "for the physical development of the county or city, and any land outside its boundaries which bears relation to its planning." Long- range planning provides the opportunity to responsibly manage and direct future development, conserve natural areas, support economic development objectives, and improve mobility in the region. Page 1of14 5-204 The Los Angeles County General Plan serves as the framework for existing community-based plans, including Area Plans, Community Plans, Neighborhood Plans, and Local Coastal Land Use Plans. Area Plans provide additional details to General Plan goals and policies, focusing on sub regional land use issues and other policy needs that are specific to the Planning Area. Community Plans and Neighborhood Plans cover smaller geographic areas within the Planning Area, and address neighborhood and/or community level land use policy issues. Local Coastal Land Use Plans are components of the Local Coastal Program (LCP}, which consist of land use plans, zoning ordinances and maps, and implementing actions to protect coastal resources within the state designated coastal zone. All community-based plans are components of the General Plan and must be consistent with General Plan goals and policies. The following is a list of adopted community-based plans: Area Plans • Antelope Valley Area Plan (adopted 1986) . • Santa Clarita Valley Area Plan (adopted 1984; updated 2012) • Santa Monica Mountains North Area Plan (adopted 2000) Community Plans • Altadena Community Plan (adopted 1986) • East Los Angeles Community Plan (adopted 1988) • Hacienda Heights Community Plan (adopted 1978; updated 2011) • Rowland Heights Community Plan (adopted 1981) • Twin Lakes Community Plan (adopted 1991) • Walnut Park Neighborhood Plan (adopted 1987) • West Athens-Westmont Community Plan (adopted 1990) Local Coastal Land Use Plans • Marina del Rey Local Coastal Land Use Plan (adopted; certified Local Coastal Program 1996; updated 2012) • Malibu Local Coastal Land Use Plan (adopted 1986) • Santa Catalina Island Local Coastal Land Use Plan (adopted; certified Local Coastal Program 1983) 1.3 Adopted General Plan The County's efforts to prepare a General Plan for the unincorporated areas began in the 1970's with the creation of the Environmental Development Guide. In 1973, the County adopted its first General Plan, followed by a comprehensive update in 1980. The County's adopted General Plan and community-based plans can be found online at http://planning.lacounty.gov/plans/adopted. 2. PROJECT DESCRIPTION The proposed project is a comprehensive update of the Los Angeles County General Plan. The project includes goals, policies, implementing programs, and ordinances. The project covers the unincorporated areas of Los Angeles County and accommodates new housing and employment opportunities in anticipation of population growth in the County and the region. The General Plan Update focuses growth in the unincorporated areas with access to services and infrastructure and reduces the potential for growth in the County's environmentally sensitive and hazardous areas. 2.1 Draft General Plan The proposed project is the preparation of a comprehensive update of the County's 1980 General Plan that meets California Code requirements for a general plan. The Draft General Plan accommodates new housing and jobs within the unincorporated area in anticipation of population growth in the County and the region through the year 2035. The theme of the Draft General Plan is sustainability. Sustainability requires that planning practices meet the County's needs without compromising the ability of future generations to realize their economic, social, and environmental goals. The Draft General Plan has been designed to utilize, promote, and implement policies that promote healthy, livable, and sustainable communities. Five guiding principles-Smart Growth; Sufficient Page 2 of14 5-205 Community Services and Infrastructure; Strong and Diversified Economy; Environmental Resource Management; and Healthy, Livable and Equitable Communities-are supported by community-identified goals and stakeholder input, and further the overall goal of sustainability throughout the Draft General Plan. The Draft General Plan consists of the following elements (the update to the Housing Element, which is a component of the General Plan, is underway through a separate effort): • Land Use Element • Mobility Element • Air Quality Element • Conservation and Open Space Element • Parks and Recreation Element • Noise Element • Safety Element • Public Services and Facilities Element • Economic Development Element To clarify the framework of the General Plan and to facilitate the planning of the unincorporated areas, the Draft General Plan establishes 11 Planning Areas, as shown online at http://planning.lacounty.gov/generalplan. • Antelope Valley Planning Area • Coastal Islands Planning Area • East San Gabriel Valley Planning Area • Gateway Planning Area • Metro Planning Area • San Fernando Planning Area • Santa Clarita Valley Planning Area • Santa Monica Mountains Planning Area • South Bay Planning Area • West San Gabriel Valley Planning Area • Westside Planning Area The Draft General Plan provides a framework of goals and policies to achieve countywide planning objectives within the 11 Planning Areas, and serves as the foundation for all existing and future community-based plans. Furthermore, the Draft General Plan involves a revision to the current General Plan land use policy map, and revisions to elements required by the State of California and optional elements. Table 1, Proposed General Plan, provides a description of the land uses designations proposed in the Land Use Plan. The following describe the major land use policies in the Draft General Plan, which are supported by goals, policies, programs and strategic changes to the land use policy maps: Transit Oriented Districts: Transit Oriented Districts (TOD) are areas within a 1/2 mile radius from a major transit stop. TOD areas are located in proximity to major transit stops, provide the best opportunities for infill development, and are well-suited for higher density housing, mixed uses, and civic activities. The TODs guide the increase of residential densities and the allowance of mixed uses along major corridors in the draft land use policy maps. All TODs are envisioned in the future to have a TOD specific plan with standards, regulations, and capital improvement plans that tailor to the unique characteristics and needs of each community. Special Management Areas: The County's Special Management Areas require additional development regulations that are necessary to prevent the loss of life and property, and to protect the natural environment and important resources. Special Management Areas include but are not limited to Agricultural Resource Areas, Airport Influence Areas, Seismic Hazard Zones, Flood Hazard Zones, Significant Ecological Areas, Hillside Management Areas, and Very High Fire Hazard Severity Zones. The Draft General Plan minimizes Page 3 of14 5-206 risks to hazards and limits development in Special Management Areas through goals, policies and programs. The Draft General Plan also includes the Hazard, Environmental, and Resource Constraints Model, which is a visual representation of the Special Management Areas and serves 1 ) as a tool to inform land use policies for future community-based planning initiatives; 2) to inform applicants and planners of potential site constraints and regulations; and 3) to direct land use policies and the development of planning regulations and procedures to address hazard, environmental, and resource constraints. Preservation of Industrial Land: Planning for future growth and the appropriate land use mix has major impacts on the local and regional economy. The Draft General Plan includes land uses and policies that protect the remaining industrial land in the unincorporated areas. The Draft General Plan identifies Employment Protection Districts, which are economically viable industrial land and employment-rich lands, with policies to prevent the conversion of industrial land to non-industrial uses. Table 1 Proposed General Plan Bldg. Sq. Acres3 Density/ ulation5 Footage (in Land Use Designation lntensity4 Units Po thousands Jobs5 ..... 1•··-'1:::11~1~1•::.i••"ll••• '""'..:' • ~BP.P9~ ·· ~1:,.'·~~i~ .. ·. 1d~:~2~:r. .. .·. 1~l~~~~t···· ~.~~~~~~8 ./ (:J::j'$1~~4~.~ ·~1~a;~~a· Commercial 962 --0 0 20,982 41,872 CG -General Commercial 961.14 0.5 (F) 0 0 20,933 41,842 CM -Major Commercial 0.64 1.5 (F) 0 0 42 17 CR -Rural Commercial 0.62 0.25 (F} 0 0 7 13 Industrial 3,560 --0 0 77,531 59,365 IH -Heavy Industrial 1,706 0.5 (F) 0 0 37,167 28,458 IL -Light Industrial 1,853 0.5 (F) 0 0 40,365 30,907 10 -Industrial Office 0 1 (F) 0 0 0 0 Mixed Use & Specific Plan 459 --19,003 53,019 10,347 38,949 MU -Mixed Use 158 120 (D) I 19,003 53,019 10,347 20,249 1.5 (F) SP -Universal Studios Specific 301 --0 0 0 18,700 Plan Open Space 57,374 --0 0 0 1,933 OS-BLM -Bureau of Land 76 0 0 0 0 Management -- OS-C -Conservation 7,648 --0 0 0 0 OS-ML -Military Land 36,615 --0 0 0 0 OS-MR -Mineral Resources 1,088 --0 0 0 0 OS-NF -National Forest 2,777 --0 0 0 0 OS-PR -Parks and Recreation 7,105 --0 0 0 1,625 OS-W-Water 2,065 --0 0 0 307 Public I Semi-Public 6,917 --0 0 452,681 29,267 P -Public and Semi-Public 6,917 1.5 (F) 0 0 452,681 29,267 Rural 16,324 --2,080 8,008.70 0 101 RL40 -Rural Land 40 38 0.03 (D) 1 4 0 0 Page 4 of14 5-207 Table 1 Proposed General Plan Bldg. Sq. Density/ Population5 Footage (in Jobs5 Land Use Designation Acres3 lntensity4 Units thousands) RL20 -Rural Land 20 12,759 0.05 (D) 638 2,456 0 0 RL 10 -Rural Land 10 2,247 0.1 (D) 225 865 0 0 RL2 -Rural Land 2 126 0.5 (D) 63 243 0 0 RL 1 -Rural Land 1 1,153 1 (D) 1,153 4,440 0 101 Residential 21,025 --173,058 605,560 0 4,674 H2 • Residential 2 1,462 1.6 (D) 2,340 9,007 0 100 H5 -Residential 5 1,768 4 (D) 7,073 27,229 0 100 H9 -Residential 9 14,394 7.2 (D) 103,640 373,103 0 3,086 H18 -Residential 18 2,469.36 14.4 (D) 35,559 128,011 0 711 H30 -Residential 30 808.31 24 (D) 19,337 53,951 0 427 H50 -Residential 50 117.90 40 (D) 4,716 13, 157 0 250 H 100 -Residential 100 4.93 80 (D) 395 1, 101 0 0 •11(•11'111'1111••'"'"'~· 'A;~Jt~PgN~''<1 ' :··· ·~· .... ..... ,t,·~~iqi·~: .·. ...... , ~1,~596 ••.8i''it ::::;;; ~~~,~~ '·\f\:?1~il§~ .· •, .. . . :;;,:1:l;:' Commercial 64 ·-0 0 2,784 9,376 GC -General Commercial 64 1 (F) 0 0 2,784 9,376 Industrial 38 ·-0 0 1,004 3,075 BP -Business Park 38 0.6 (F) 0 0 1,004 3,075 Infrastructure 815 .. 0 0 0 0 Public Streets 815 --0 0 0 0 Mixed Use & Specific Plan 255 .. 904 2,800 2,226 4,561 MU -Mixed Use "Center" 37 17.6(D)/ 642 1,792 2,226 4,411 1.4 (F) SP -La Vina Specific Plan 219 --262 1,008 0 150 Public & Open Space 915 ·-0 0 3,981 1,066 I -Institutions 183 0.5 (F) 0 0 3,981 803 MOS -Miscellaneous Open 68 --0 0 0 100 Space NF -National Forest and 416 0 0 0 0 National Forest Managed Lands -- PR -Public and Private 103 0 0 0 164 Recreation -- U -Utilities 145 --0 0 0 0 Residential 3,516 --15,335 58,558 0 386 E -Estate/Equestrian 93 0.4 (D) 37 144 0 5 N -Non-Urban 327 1 (D) 105 403 0 0 LD -Low Density Residential 3,068 4.8 (D) 14,726 56,694 0 377 LMD -Low/Medium Density 1 9.6 (D) 12 46 0 0 Residential MD -Medium Density 26 17.6 (D) 456 1,271 0 4 Residential Page 5 of14 5-208 Table 1 Proposed General Plan Bldg. Sq. Acres3 Density! Population5 Footage (in Jobs5 Land Use Designation lntensitv4 Units thousands) ANTELOPE VALLEY.AREA 1,132~!4ft '27:8,158 1.1070,571 46,870 ~1.~19 .Pl.:.Af\11 . .. I!.< ' . ;'.', ,... ,•. ,, Commercial 902 .. 0 0 19,652 38,329 C -Commercial 902 0.5 (F) 0 0 19,652 38,329 Industrial 579 --0 0 12,606 9,652 M -.lndustrv 579 0.5 (F) 0 0 12,606 9,652 Open Space 583,967 .. 0 0 0 524 OS-BLM -Bureau of Land 2,436 0 0 0 0 Management -- 0 -Open Space 70,471' --0 0 0 324 0-NF -National Forest 510,413 --0 0 0 200 0-W -Water Body 648 --0 0 0 0 Public I Semi-Public 17,029 .. 0 0 14,613 767 Airport 16,358 0 0 0 50 P -Public and Semi-Public 671 1.5 (F) 0 0 14,613 717 Facility Rural 522,077 .. 261,773 1,007,826 0 1,361 N 1 -Non-Urban 1 502,174 0.5 (D) 242,712 934,440 0 926 N2 -Non-Urban 2 19,903 1.0 (D) 19,061 73,385 0 436 Residential 5,541 "" 16,385 62,746 0 485 U1 -Urban 1 4,450 2.6 (D) 11,411 43,931 0 335 U1 .5 -Urban 1.5 140 1.6 (D) 224 862 0 0 U2 -Urban 2 738 5.3 (D) 3,248 12,505 0 150 U2-D -Urban 2 (specific 50 3.2 (D) 160 614 0 0 development criteria) U3 -Urban 3 9 12.0 (D) 105 377 0 0 U3-D -Urban 3 (specific 155 8.0 (D) 1,238 4,457 0 0 development criteria) Infrastructure 2,649 "" 0 0 0 100 TC -Transportation Corridor 2,649 --0 0 0 100 EAST.~QSANGELE~! I 3;~'1 :;·v. •' ,,. > , . ; I .. 41,60$ 1),.:: 128,487'·• · 44Hs9 42i459 COMIVIONlTv PLAN '·• [' ; ' ! .·.,. ··. Commercial 338 "" 0 0 21,255 26,156 CC-Community Commercial 150 1.5 (F) 0 0 9,778 19,239 CM -Commercial 93 1.3 (F) 0 0 5,252 4,289 Manufacturing MC -Major Commercial 95 1.5 (F) 0 0 6,225 2,627 Industrial 158 "" 0 0 6,873 5,234 I -Industrial 158 1 (F) 0 0 6,873 5,234 Mixed Use & Specific Plan 65 "" 1,563 4,361 3,404 6,848 Page 6 of14 5-209 Table 1 Proposed General Plan Bldg. Sq. Acres3 Density/ Population5 Footage (in Jobs5 Land Use Designation lntensity4 Units thousands) CR -Commercial Residential 65 24 (D) I 1,563 4,361 3,404 6,848 1.2 (F) Other 21 --0 0 0 0 RP -Residential Parking 21 --0 0 0 0 Public & Open Space 582 .. 0 0 12,667 2,753 P -Public Use 582 0.5 (F) 0 0 12,667 2,753 Residential 2,218 .. 40,045 124,127 0 1,469 LD -Low Density Residential 132 6.4 (D) 843 3,246 0 0 LMD -Low/Medium Density 1,045 13.6 (D) 14,207 51, 146 0 565 Residential MD -Medium Density 1,041 24 (D) 24,994 69,735 0 904 Residential HACtENDAHEIGHtS .·:· .. J;~}$~o /•;••::• i:.: 65833 •· ... : ;jij 310 .CQIVIM(JN1ty P,LAN · .· · ...... n+ :.: 17,~~~ • 9,864 : < '·: .. ' ::: ::· ·: ·• Commercial 131 .. 0 0 5,708 11,194 CG -General Commercial 131 1 (F) 0 0 5,708 11, 194 Industrial 28 -· 0 0 609 466 IL -Light Industrial 28 0.5 (F) 0 0 609 466 Public & Open Space 1,709 .. 0 0 3,547 300 OS-C -Open Space 403 --0 0 0 0 Conservation OS-PR -Open Space Parks 1, 131 --0 0 0 200 and Recreation P-CS -Public and Semi-Public 42 0.5 (F) 0 0 651 100 Community Serving P-TF -Public and Semi-Public 0 0 0 0 0 Transportation Facilities -- P-UF -Public and Semi-Public 133 0.5 (F) 0 0 2,896 0 Utilities and Facilities Rural 862 .. 145 559 0 35 RL 10 -Rural Lands 1 O 714 0.1 (D) 71 275 0 0 RL2 -Rural Lands 2 148 0.5 (D) 74 284 0 35 Residential 3,630 .. 17,288 65,274 0 1,315 H2 -Residential 2 719 1.6 (D) 1,150 4,429 0 100 HS -Residential 5 2,110 4 (D) 8,441 32,499 0 1,000 H9 -Residential 9 582 7.2 (D) 4,277 16,466 0 200 H18 -Residential 18 201 14.4 (D) 2,889 10,402 0 15 H30 -Residential 30 10 24 (D) 248 693 0 0 H50 -Residential 50 7 40 (D) 281 785 0 0 Page 7 of14 5-210 Table 1 Proposed General Plan Bldg. Sq. Acres3 Density! Population5 Footage (in Jobs5 Land Use Designation lntensity4 Units thousands) ~~~g~~o;ctNCQASTAL .. 5.1,.141 .. . 4,347 16,729 15~239 22,13.8 : . ' ', ,,.:_:-.. :(' ·• Commercial 729 --0 0 6,352 11,929 12 -Rural Business 18 0.2 (F) 0 0 158 309 13 -General Commercial 0.45 0.2 (F) 0 0 4 8 14 -Office/Commercial 0.18 0.2 (F) 0 0 2 5 Services 16 -Low-Intensity Visitor-710 0.2 (F) 0 0 6,187 11,603 Serving Commercial Recreation 17 -Recreation-Serving 0.20 0.2 (F) 0 0 2 3 Commercial Mixed Use & Specific Plan 39 --0 0 336 672 MU -Mixed Use -Specific Plan 39 0.2 (F) 0 0 336 672 Required Public & Open Space 16,423 --0 0 8,551 7,776 11 -Institution and Public 982 0.2 (F) 0 0 8,551 7,600 Facilities 18 -Parks 15,441 --0 0 0 175 Rural 32,945 --3,298 12,697 0 1,761 M2 -Mountain Land 23,051 0.05 (D) 1,153 4,437 0 1,603 5 -Rural Land Ill 2,615 0.5 (D) 1,196 4,604 0 120 4 -Rural Land II 3,375 0.2 (D) 603 2,320 0 15 3 -Rural Land I 3,905 0.1 (D) 347 1,336 0 23 Residential 1,005 --1,049 4,032 0 0 6 -Residential I 903 1 (D) 674 2,595 0 0 8A -Residential lll(A) 21 3.2 (D) 31 121 0 0 8B -Residential lll(B) 75 4.8 (D) 331 1,273 0 0 9B -Residential IV(B) 5 8 (D) 7 29 0 0 9C -Residential IV(C) 0.47 16 (D) 5 15 0 0 M~RINA··OelQ~ISY··~QC,AL '7'~684 21,439 : .. ···.' r···· 694 --• 1<861..1 4,493 COA$TAL .. t~ND usi; Pl-AN ... ·.· .. .··· ....... ~ ... ·.····· . .• Commercial 86 --0 0 1,413 4,111 H -Hotel 26 1027 rooms 0 0 0 1,027 MC -Marine Commercial 24 0.5 (F) 0 0 521 1,020 0 -Office 5 1 (F) 0 0 235 780 VS/CC -Visitor-Serving I 30 0.5 (F) 0 0 656 1,284 Convenience Commercial Industrial 5 --0 0 112 250 PF -Public Facilities 5 0.5 (F) 0 0 112 250 Other 401 --0 0 82 82 B -Boat Storage 19 0.1 (F) 0 0 82 82 Page 8 of14 5-211 Table 1 Proposed General Plan Bldg. Sq. Density/ Population5 Footage (in Jobs5 Land Use Designation Acres3 lntensitv4 Units thousands) P -Parking 17 --0 0 0 0 W-Water 366 --0 0 0 0 Public & Open Space 42 --0 0 0 0 OS -Open Space 42 --0 0 0 0 Residential 159 --7,684 21,439 254 50 R 111 -Residential 111 38 28 (D) 1,063 2,966 0 0 R IV -Residential IV 23 36 (D) 814 2,270 0 0 R V -Residential V 97 60 (D) 5,807 16,202 0 0 SA-Senior Accommodations 2 --0 0 254 50 ~ i:f:422: }:, r;: < 14,0f) ··~·· 50900 .1i,1.34 •r.20 1~~~· '' ·• , : .: ', '·l ' ' ' ' ', ' Commercial 192 --0 0 8,378 15,764 C -Commercial 192 1 (F) 0 0 8,378 15,764 Industrial 144 --0 0 3,756 3,027 I -Industrial 144 0.6 (F) 0 0 3,756 3,027 Other 793 --723 2,783 0 0 TOS -Transitional Open Space 272 0.2 (D) 54 210 0 0 (N1) TOS -Transitional Open Space 268 1 (D) 181 695 0 0 (N2) TOS -Transitional Open Space 252 2.56 (D) 488 1,878 0 0 (U1) Public & Open Space 1,566 --0 0 0 194 0 -Open Space 1,566 --0 0 0 194 Residential 4,727 --13,392 48,117 0 1,676 N1 -Non-Urban 1 1,459 0.2 (D) 292 1,124 0 0 N2 -Non-Urban 2 510 1 (D) 449 1,730 0 200 U1 -Urban 1 1,276 2.56 (D) 2,857 10,998 0 401 U2 -Urban 2 1,278 4.8 (D) 5,903 22,728 0 1,075 U3 -Urban 3 68 9.6 (D) 643 2,477 0 0 U4 -Urban 4 51 17.6 (D) 902 2,517 0 0 US -Urban 5 84 28 (D) 2,345 6,543 0 0 SANTA.GAlAl..INAISJ..A.NP . ::.•: I'•· ' ,, LQ~AL ctt~sfAt LAND'ldSE '$J,p)137 ,,', 21 0 0 570 PLAN ·'· .• ·· ''''' ' ' ' . (';~; ... ,' ..... Commercial 26 --0 0 0 7 Commercial -Two Harbors 3 --0 0 0 7 Lodges/Inns -Two Harbors 14 --0 0 0 0 Marine Commercial -Two 3 0 0 0 0 Harbors -- Utilities/Services -Two Harbors 7 --0 0 0 0 ·Page 9of14 5-212 Table 1 Proposed General Plan Bldg. Sq. Density/ Population5 Footage (in Jobs5 Land Use Designation Acres3 lntensity4 Units thousands) Industrial 690 --0 0 0 6 Extractive Use -Catalina 514 --0 0 0 0 Industrial/Transportation -Two 5 --0 0 0 0 Harbors Industrial/Transportation/Utilities 172 --0 0 0 6 -Catalina Other 87 --0 0 0 0 undefined* -Two Harbors 3 --0 0 0 0 View Corridor -Two Harbors 84 --0 0 0 0 Public & Open Space 45,197 --0 0 0 557 Conservation/Primitive 20,212 0 0 0 32 Recreation -Catalina -- Conservation/Recreation -Two 820 0 0 0 17 Harbors -- Open Space/Recreation -Two 108 --0 0 0 2 Harbors Open Space/Structured 24,057 --0 0 0 505 Recreation -Catalina Residential 136 --21 0 0 0 Residential Land Uses -Two 136 0.25 (D) 21 0 0 0 Harbors 's.6.NtA.:·~l:;ARITAiVALLEY '1 )> • }······· :i·•· ........ •t1,1s~·· .· ... · ••• ·1as·aa1· 27:0889 2sf·sas· . ···. · .• ! .··.·.·.; !I . ·:.. .<ii\ 1'.REA PLAN ·•· I •·•'".. .... f. . ! .. ··. •'·<·· ' . ,, •,;. i; ;. . . • Residential -- -- 77,155 237,638 ---- Non-Residential -- --------81,265- 107,123 iSANJ:A::l\lf()Nl.¢ft4WQUNTAIN$ ······~? ...... ·. ·. I;'/, (;~~3Q~·~~.5 ··;14;\l:i&; r .·• ... >20·162 '1 <~ia.41 ~k~Q~ NORTHAREA PUA~· . . . ' •. u. .' '.~:,'.~::'.\ >···· ~ .. >; ',' "''· ,•,•.·,• . .:•,•/1" , ·.·,·.'··· Commercial 166 --0 0 3,215 5,959 C -Commercial 120 0.5 (F) 0 0 2,604 4,764 CR -Commercial Recreation -47 0.3 (F} 0 0 611 1,195 Limited Intensity Infrastructure 0 --0 0 0 0 TC -Transportation Corridor 0 --0 0 0 0 Public & Open Space 6,651 --0 0 11,214 73 OS -Open Space 775 --0 0 0 0 OS-DR -Open Space Deed 591 --0 0 0 0 Restricted OS-P -Open Space Parks 4,731 --0 0 0 62 OS-W -Open Space Water 39 --0 0 0 11 P -Public and Semi-Public 515 0.5 (F) 0 0 11,214 0 Facilities Rural 12,920 --1,601 6,164 0 537 Page 10 of14 5-213 Table 1 Proposed General Plan Bldg. Sq. Acres3 Density/ Population5 Footage (in Jobs5 Land Use Designation lntensity4 Units thousands) N20 -Mountain Lands 20 5,505 0.05 (D) 275 1,060 0 16 N 10 -Mountain Lands 10 4,265 0.1 (D) 369 1,419 0 200 N5 -Mountain Lands 5 2,028 0.2 (D) 361 1,388 0 200 N2 -Rural Residential 2 668 0.5 (D) 292 1,124 0 100 N1 -Rural Residential 1 454 1 (D) 305 1,173 0 21 Residential 425 --840 3,235 0 0 U2 -Residential 2 252 1.6 (D) 360 1,386 0 0 U4 -Residential 4 148 3.2 (D) 344 1,323 0 0 U8 -Residential 8 26 6.4 (D) 137 526 0 0 • T\(llJN·LAKE$'¢0MMUNITY ·· •: ,> 'LPLAN~ . . . . 45 '':-_>·:·,..:"." .. 4~ 174' CJ •. ·o •: ·. : ··,: Rural 45 --45 174 0 0 RC -Rural Communities 45 1 (D) 45 174 0 0 .~~~Nl4! • ~~ff',,):>·.·. ......... } ii~~~'., i~~~ • . .. · ... ;;<~~I'~{ \. --. 4isas. '·· •rf3717·· s;o44 . Ni;l.(lffQP •. ............ : ··•·· .;.\:::;·\. ' .. ·': :· : ,::[-,'~~ : Commercial 41 --0 0 2,135 4,358 GC -General Commercial 35 1.3 (F) 0 0 1,963 3,786 OC -Office Commercial 7 0.6 (F) 0 0 173 572 Industrial 8 --0 0 180 112 PU/I -Public Use I Institutional 8 0.5 (F) 0 0 180 112 Mixed Use & Specific Plan 11 --0 0 242 474 MC-Mixed Commercial 11 0.5 (F) 0 0 242 474 Other 4 --26 100 0 0 RIP -Residential I Parking 4 7.2 (D) 26 100 0 0 Residential 305 --4,312 13,617 0 100 NP I -Neighborhood 167 7.2 (D) 1,200 4,619 b 100 Preservation I NP II -Neighborhood 21 14.4 (D) 298 1,146 0 0 Preservation II NR -Neighborhood 117 24 (D) 2,814 7,852 0 0 Revitalization WESTATHENS -We$TMON'r :. : . :·.-,· ··.: -,/ ·:·:~ NEIGHBORHOODRLAl'I 1,4891 l.f. --< : 11,}~~5 40,53$ 10;820 10,8$4 :: .. '.( .. ·,,.' . ' " Commercial 155 --0 0 6,047 8,456 C.1 -Regional Commercial 45 1 (F) 0 0 1,940 1,060 C.2 -Community Commercial 81 1 (F) 0 0 3,513 6,994 C.3 -Neighborhood 2 0.5 (F) 0 0 41 79 Commercial C.4 -Commercial 15 0.64 (F) 0 0 416 318 ManufacturinQ CR -Commercial Recreation 13 0.25 (F) 0 0 137 5 Public & Open Space 278 --0 0 4,773 1,813 Page 11 of14 5-214 Table 1 Proposed General Plan Bldg. Sq. Density/ Pooulation5 Footage (in Jobs5 Land Use Designation Acres3 lntensitv4 Units thousands) OS.1 -Recreation I Open 122 0 0 0 70 --Space PL.1 -Public/Quasi-Public Use 157 0.7 (F) 0 0 4,773 1,743 Residential 1,057 --11,185 40,539 0 625 RD 2.3 -Single Family 485 6.4 (D) 3,103 11,945 0 325 Residence RD 3.1 -Two Family Residence 549 13.6 (D) 7,463 26,868 0 200 RD 3.2 -Medium Density Bonus 19 24 (D) 463 1,292 0 100 SCD -Senior Citizen Density 4 40 (D) 156 434 0 0 Bonus Grand Total 1,653,056 --668,911 2,383,373 729,510 477,862 Notes: 1. Historically, jurisdiction-wide buildout levels do not achieve the maximum allowable density/intensity on every parcel and are, on average, lower than allowed by the General Plan. Accordingly, the buildout projections in this General Plan do not assume buildout at the maximum density or intensity and instead are adjusted downward to account for variations in buildout intensity. 2. The County has adopted a total of 13 community-based plans. The adoption date of these community-based plans vary and the boundaries of the community plans may or may not be coterminous with a specific plan. 3. Acres are given as adjusted gross acreages, which do not include the right-of-way for roadways, flood control facilities, or railroads. 4. The density/intensity figure shown reflects the projected density/intensity for buildout purposes, which is generally 80% of the maximum density/intensity permitted for that land use category. (D) denotes residential density and (F) denotes Floor Area Ratio. 5. Projections of population by residential designation are based on a persons-per-household factor that varies by housing type. Additionally, the projections of jobs by designation are based on an employment generation factor that varies by employment category, or actual number of jobs. 6. The figures for the unincorporated Santa Clarita Valley reference the figures in the Environmental Impact Report for the Santa Clarita Valley Area Plan Update. The methodology used to derive the figures for the unincorporated Santa Clarita Valley differs from the methodology used to generate the figures for other unincorporated areas and, therefore, they cannot be broken down by Land Use Category. 7. The Antelope Valley Area Plan represents the adopted plan, with the exception of the portion that overlaps with the Proposed General Plan community of 'Kagel I Lopez Canyons'. Therefore, the total acreage of the Antelope Valley represented here is less than the actual area of the adopted plan boundarv. The project will replace the adopted General Plan, including all of the elements (excluding the Housing Element), land use distribution maps, and circulation maps. Other components of the comprehensive General Plan Update include, but are not limited to: • • • • • • • Update the Special Management Areas including but not limited to Agricultural Resource Areas, Seismic Hazard Zones, Flood Hazard Zones, Significant Ecological Areas, Hillside Management Areas, and Very High Fire Hazard Severity Zones. Update Significant Ecological Areas boundaries . Update of the Highway Plan . Amendments to the existing County ordinances and/or adoption of new County ordinances as necessary to implement the updated General Plan, including but not limited to the SEA CUP Ordinance, Hillside Management Ordinance, and the addition of new zones to implement portions of the land use legend. Rezoning as necessary to implement and/or maintain consistency with the updated General Plan . Rescinding or updating outdated policies, ordinances, manuals, codes and other guidance documents and enacting new implementing policies, ordinances, manuals, and other guidance documents as needed to reflect current law and the updated General Plan Digitizing, parcelizing, and refining land use policy maps for existing community-based plans, as needed . Page 12of14 5-215 3. PROBABLE ENVIRONMENTAL EFFECTS Environmental Issues: The County has determined that a Program EIR will be prepared for the proposed comprehensive General Plan Update. Section 15168 of the CEQA Guidelines states that a Program EIR may be prepared on a series of actions that can be characterized as one large project and are related either: 1) geographically; 2) as logical parts in the chain of contemplated actions; 3) in connection with issuance of rules, regulations, plans, or other general criteria to govern the conduct of a continuing program; or 4) as individual activities carried out under the same authorizing statutory or regulatory authority and having generally similar environmental effects that can be mitigated in similar ways. The Program EIR will be prepared in accordance with the requirements of CEQA Statutes and Guidelines, as amended. Pursuant to Section 15146 of the CEQA Guidelines the degree of specificity in the Program EIR will correspond to the degree of specificity involved in the comprehensive General Plan Update. The EIR will focus on the primary effects that can be expected to follow from adoption of the comprehensive General Plan Update and will not be as detailed as an EIR on the specific development or construction projects that may follow. Based on the County's preliminary analysis of the project, the following environmental issues will be examined in the Program EIR: ~ Aesthetics ~ Agricultural and Forest Resources ~ Air Quality ~ Biological Resources ~ Cultural Resources ~ Geology I Soils ~ Greenhouse Gas Emissions ~ Hazards & Hazardous Materials ~ Hydrology I Water Quality ~ Land Use I Planning ~ Mineral Resources ~ Noise ~ Population I Housing ~ Public Services ~ Recreation ~ Transportation I Traffic ~ Utilities I Service Systems ~ Mandatory Findings of Significance The Draft EIR will address the short-and long-term effects of the Los Angeles County General Plan Update on the environment. Mitigation measures will be proposed for those impacts that are determined to be significant. A mitigation monitoring program will also be developed as required by Section 15150 of the CEQA Guidelines. REVIEW PERIOD: This Revised NOP will be available for review from June 28, 2013 to July 29, 2013 on the Department of Regional Planning (Department) website at http://planning.lacounty.gov/generalplan/ceqa. Hardcopies will be available at the Department's main office and field office locations listed at the following link: http://planning.lacounty.gov/locations; all County libraries; Calabasas Library located at 200 Civic Center Way, Calabasas, CA 91302; and Altadena Library (Main Library) located at 600 East Mariposa Street, Altadena, CA 91001. The Department is seeking input from both agencies and members of the public on the scope and content of the environmental information and analysis to be contained in the EIR. Any correspondence related to the General Plan Update received as part of the first NOP does not have to be resubmitted; it has already been incorporated as part of the environmental review process for the project. Due to the time limits mandated by State law, written comments must be sent via mail, e-mail, or fax no later than 5:00 PM on Monday, July 29, 2013. Please send your comments at the earliest possible date to: Connie Chung, AICP Supervising Regional Planner Los Angeles County Department of Regional Planning 320 W. Temple Street, Room 1356 Los Angeles, CA 90012 Email: genplan@planning.lacounty.gov Fax: (213) 626-043 Page 13 of14 5-216 PUBLIC SCOPING MEETING: Pursuant to the California Public Resources Code Section 21803.9, Los Angeles County will conduct a public scoping meeting. This meeting will provide a public forum for information dissemination and dialogue regarding the components of the proposed project, the overall process, and the draft EIR. While staff will summarize the issues raised at these meetings, anyone wishing to make formal comments on the NOP must do so in writing. The public scoping meeting will be held at the time and location listed below: Date: Time: Location: July 11, 2013 5:00 p.m. to 6:00 p.m. Los Angeles County Department of Regional Planning 320 W. Temple Street, Room 150 Los Angeles, CA 90012 The scoping meeting will also be streamed live at the following link: http://streaming.planning.lacounty.gov/meeting. Afterward, the recorded presentation and meeting will also be posted at the following link: http://planning.lacounty.gov/generalplan/ceqa. Page 14of14 5-217 VENTURA COUNTY ~·::'':·· ANAGAPA ISLAND ........_SANNICOLAS -.J ISLAND LEGEND KERN COUNTY Un.Incorporated Los ~ngeles County Source: Los Angeles County Department of Regional Planning Los Angeles County General Plan Update Regional Location SAN BERNARDINO COUNTY RIVERSIDE COUNTY SAN DIEGO COUNTY 0--25 m Scale (Miles) LJ The Planning Center I DC&E • Figure 1 5-218 City comments on NOP for Los Angeles County General Plan Update 5-219 CITY OF RANCHO PALOS VERDES CITY MANAGER'S OFFICE ADMINISTRATION 26 July 2013 County of Los Angeles Department of Regional Planning VIA ELECTRONIC AND U.S. MAIL ATIN: Connie Chung, AICP, Supervising Regional Planner 320 W. Temple St., Rm. 1356 Los Ange.las, CA 90012 SUBJECT Comments in Response to the Revised Notice of Preparation of an Environmental Impact Report and Notice of Public Scoping Meeting for Los Angeles County General Plan 2035 Dear Ms. Chung: The City of Rancho Palos Verdes appreciates the opportunity to comment upon the revised Notice of Preparation (NOP) for the above-mentioned project. The City respectfully requests the inclusion of the following issues within the scope of the potential environmental impacts analyzed in conjunction with the proposed general plan update and amendment: 1) Many areas of the Palos Verdes Peninsula-which includes the Westfield Urban County Island (UCl)-are characterized by areas containing major landslides and/or exhibiting high slope instability. The discussion of geotechnical hazards in the Draft Environmental Impact Report (DEIR) should carefully consider these potential impacts as they apply in the Westfield UCI. 2) The Palos Verdes Peninsula is perhaps most accurately characterized as a semi- rural area, where traffic is the most common source of "nuisance" noise. The project description in the Initial Study indicates the Mobility Element will be amended. On the Palos Verdes Peninsula, a 1.25-mile segment of Crenshaw Boulevard traverses the Westfield UCI (between Palos Verdes Drive North and Silver Spur Road), while the entire length of Hawthorne Boulevard from Pacific Coast Highway to Palos Verdes Drive West is a designated County highway (Route N7). If any changes are proposed to the classification, configuration or alignment of either of these thoroughfares as a part of the proposed General Plan update, the associated noise impacts upon adjacent land uses should also be fully analyzed in the DEIR for this project. 30940 HAWTHORNE BLVD./ RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5205 /FAX (310) 544-5291 WWW.PA~OSVERDES.COM/RPV PRINTED ON RECYCLED PAPER 5-220 Connie Chung 26 July 2013 Page2 3) 4) 5) 6) 7) A significant portion of the Westfield UCI currently utilizes private sewage disposal systems. Such systems have potential negative impacts upon groundwater quality, as well as upon landslides and slope instability (see Comment 1 above). Therefore, we suggest that the discussion of water quality resource impacts in the DEIR should address the expansion of private sewage disposal systems. Biological surveys conducted in association with the City's Natural Communities Conservation Plan (NCCP) program identified coastal sage scrub habitat on the side slopes within Agua Negra Canyon, which extends from Palos Verdes Drive North to Silver Spur Road and is bisected by Crenshaw Boulevard (see Comment 2 above). As such, the City believes that biological resource impacts will almost certainly occur within the Westfield UCI, and should be carefully considered in the DEIR for this project. Please note that the intersection of Western Avenue and Toscanini Drive in the City of Rancho Palos Verdes is one of the intersections that are monitored for compliance with the County's Congestion Management Plan (CMP). As such, the City requests that the traffic impact analysis in the DEIR for the proposed project include the intersection of Western Avenue and Toscanini Drive. Residents in the Westfield UCI are served by the Palos Verdes Peninsula Unified School District (PVPUSD), which, in the past decade, has re-opened several closed campuses in the face of increased demand from the community. Any proposed amendments to the General Plan that directly or indirectly induce additional population growth in the Westfield UCI have the potential to exacerbate this condition. The City suggests that the County should consult with all affected school districts serving the unincorporated areas of the County-not just the Los Angeles Unified School District (LAUSD)-in its assessment of the potential environmental effects of the proposed project. We understand that changes in land use designation may be proposed to reflect existing land use patterns that are not depicted on the current Land Use Policy Map. This may have the effect of "legalizing" existing nonconforming land uses, thereby providing greater opportunities for the expansion of these uses in the future. Within the Westfield UCI, there is an existing office building at the southeast corner of Crenshaw Boulevard and Palos Verdes Drive North that is designated "Residential 1-Low Density" on the current Land Use Policy Map. There may also be portions of residential neighborhoods in the Westfield UCI (also designated "Residential 1-Low Density") that were built out at higher densities prior to the adoption of the current County General Plan. The DEIR for 5-221 Connie Chung 26 July 2013 Page 3 this project should analyze the potential growth-inducing effects that land use changes involving existing nonconforming uses could generate. Again, thank you for the opportunity to provide comments on this important project. If you have any questions or need additional information, please feel free to contact me at · (310) 544-5226 or via e-mail at kitf@rpv.com. Sincerely, !2Z Senior Administrative Analyst cc: Mayor Susan Brooks and City Council Carolyn Lehr, City Manager Carolynn Petru, Deputy City Manager M:\Border lssues\LA County General Plan Update\20130726_RevisedNOPComments.docx 5-222 Letters to Councilman Buscaino, Congresswoman Hahn and Congressman Waxman regarding Rancho LPG facility 5-223 SUSAN BROOKS, MAYOR JERRY V. OUHOVIC, MAYOR PRO TEM BRIAN CAMPBELL, COUNCILMAN JIM KNIGHT, COUNCILMAN ANTHONY M. MISETICH, COUNCILMAN CITY OF The Honorable Joe Buscaino · City of Los Angeles, 15th Council District 200 N. Spring St., Rm. 425 Los Angeles, CA 90012 RANCHO PALOS VERDES June 18, 2013 SUBJEC.T: Resolution of Issues Related to the Rancho LPG Facility, 2110 North · Gaffey Street, San Pedro, California Dear Councilman Buscaino: Since your election to the Los Angeles City Council in 2011, my City Council colleagues and I have very much appreciated your leadership in addressing community concerns about the Rancho LPG facility. As you know, the operation of this facility has potential impacts upon residents in both of our cities .. Our City Council receives regular updates related to the facility from our Staff. However, there are several issues for which we have sought (unsuccessfully) answers to our questions about the facility, and for which we now turn to you for assistance. Rancho LPG Insurance Information At a public meeting before the Rancho Palos Verdes City Council in October 2012, a representative of Rancho LPG expressed willingness to provide our City with information about the insurance and liability coverage for the Rancho LPG facility. However, in January 2013, Rancho LPG subsequently refused to provide this information on the grounds that it was "proprietary information" (see enclosures). We seek any assistance that you and the Los Angeles City Attorney's Office can provide in obtaining copies of Rancho LPG's insurance information. Chief Legislative Analyst's Recommendations In February 2013, the Chief Legislative Analysfs (CLA) Office of the City of Los Angeles released its report on "Safety Regulations and Precautions at Liquefied Petroleum Gas (LPG) Facilities." After summarizing the legislative and regulatory background affecting the Rancho LPG facility in its report, the CLA made two (2) recommendations: 1. Instruct the Fire Department to develop potential options for a community outreach effort and preparedness exercise with City departments and 30940 HAWTHORNE BOULEVARD/ RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5205 I FAX (310) 544-5291 I WWW.PALOSVERDES.COM/RPV @PRINTED··ON RECYCLED PAPER 5-224 Councilman Joe Buscaino June 18, 2013 Page2 stakeholders in the San Pedro area, including the facility operator, local Neighborhood Councils, homeowner groups, and other community based organizations. 2. Instruct the Fire Department and Department of Building and Safety, with the assistance of the Chief Legislative Analyst, to report back with a list of inspections conducted by non-City agencies at liquid bulk storage facilities that would benefit City agencies by receiving automatic notification of inspection deficiencies. Recently,. we forwarded to your staff information about a possible grant funding opportu'nity for emergency preparedness that might help to implement the CLA's recommendations (see enclosure). We would appreciate an update on the status of the implementation of the CLA's recommendations regarding the Rancho LPG facility. Environmental Protection Agency Enforcement Action In March 2013, the U.S. Environmental Protection Agency (EPA) issued a "Notification of Potential Enforcement Action for Violation of Section 112(r)(7) of the Clean Air Act" to the Rancho LPG facility (see enclosure). This notice apparently stemmed from site inspections conducted by the EPA in 201 O and 2011. The allegations against Rancho LPG include: • Failing to include the rail storage area of the site in its Risk Management Plan; • Failing to adequately evaluate seismic impacts upon the facility's emergency flare; • Failing to address the consequences of a loss of City water for fire suppression during an earthquake; • Failing to conduct a timely internal inspection of Tank 1 (i.e., one of the 12%- million-gallon butane storage tanks); • Failing to develop an Emergency Response Plan to protect public health and the environment; and, • Failing to include a drain pipe and valve in the containment basin in the Mechanical Integrity Program. Rancho LPG was given until April 15, 2013, to file responses to EPA's allegations. Our Staff contacted the EPA on May 6, 2013, to inquire into the status of Rancho LPG's response, but we have received no response to our inquiry from EPA. We seek your assistance in getting an update from EPA in this matter. 5-225 Councilman Joe Buscaino June 18, 2013 Page3 Again, I thank you for your continued leadership in addressing this issue affecting all of our constituents. If you have questions or need additional information, please contact Senior Administrative Analyst Kit Fox at (310) 544-5226 or kitf@rpv.com. Sincerely yours, ~~ Susan M. Brooks Mayor .. enclosures cc: Rancho Palos Verdes City Council Carolyn Lehr, Rancho Palos Verdes City Manager Mayor Margaret Estrada and the Lomita City Council Michael Rock, Lomita City Manager Mayor James F. Goodhart and the PaJos.Verdes Estates City Council Anton Dahlerbruch, Palos Verdes Estates City Manager Mayor Frank E. Hill and the Rolling Hills City Council Steve Burrell, Rolling Hills Interim City Manager Mayor Frank V. Zerunyan and the Rolling Hills Estates City Council Doug Prichard, Rolling Hills Estates City Manager Kit Fox, Senior Administrative ~nalyst M:\Border lssues\Rancho LPG Butane Storage Facility\20130618_Buscaino_RanchoLPG.doc 5-226 John H. Kyles Senior Attorney January 29, 2013 Carol W. Lynch, Esq. RANCHO LPG Holdings LLC City Attorney, City of Rancho Palos Verdes c/o: Richards, Watson & Gershon 355 South Grand Avenue 4oth Floor Los Angeles, CA 90071 RE: Rancho LPG Holdings LLC San Pedro Terminal, 211 O North Gaffey, San Pedro, CA Phone: (713) 993·5136 Fax: (713) 646-4216 City of Rancho Palos Verdes, CA Information Request Response (Plains File: L6686A} Dear Ms. Lynch, You and Mr. Kit Fox have inquired about the insurance coverage that Rancho LPG has in place in case of a catastrophic event involving the storage tanks at Rancho's facility. After internal review, Rancho LPG has concluded that the requested information is proprietary. Therefore, Rancho will not make the insurance policies and their details available to the City. However, Rancho LPG wants Rancho Palos Verdes City government to know that Rancho works closely with its underwriters and has been advised that Rancho has an appropriate level of insurance for a facility of this type. Thank you for your consideration and cooperation in this matter. Sincerely, Kit Fox, AICP Senior Admin Analyst City Manager's Office City of Rancho Palos Verdes 30940 Hawthorne Blvd. Rancho, Palos Verdes, CA 90275 Ron Conrow Western District Manager Plains LPG Services, LP Shafter, CA PAA: LAW_.COM: 650204v1 Dan Johansen · San Pedro Terminal 211 O North Gaffey, San Pedro, CA 90731 Scott Sill Managing Director, LPG Operations 1400, 607·8 Avenue SW Calgary AB T2POA7 Hon. Rudy Svorinich, Jr. 1891 N. Gaffey Street Suite221 San Pedro, CA 90731 5-227 Blais&Associates professional grant management FACT SHEET l"alEMA Hazardous Materials Emergency Preparedness Grant (HMEP) Funding Information and Application Requirements FAST FACTS ·--"'~~ 1 . Application Deadline 2 Workshops (if any) 3 Eligible Applicants 4 Purpose of Program 5 Success Rate Last Year 6 Authorizing Resolution Required? FUNDING INFORMATION 7 Total Funds Available 8 High, Low, Average Grant Last Year 9 Maximum Funding Request '""""'~------· 10 Local Match Required 11 Funding Cycle PROJECT INFORMATION 12 Examples of Funded Projects Applications are due to California's local Emergency Planning Committees (lEPCs) approximately July 15, 2013. Check with your LEPC chair to confirm their internal deadline date. LEPCs contact information is located at the end of this fact sheet. LEPCs are to submit applications to Cal EMA by August 15, 2013. ----~·· ------~ ···---~ .. --. There are no workshops scheduled at this time. State or local agencies and federally recognized tribal governments. Local governments are defined as, "A county, municipality, city, town, township, local public authority such as school district, special district, intrastate district, council of governments ... any other regional or interstate government entity, or any agency or instrumentality of a local government." For public sector planning and training in support of the emergency planning and training efforts of States, Indian tribes, and local communities to deal with hazardous materials emergencies, particularly those involving transportation. 2012: 11 applications were received and nine were funded. Success rate was 82 percent. 2011: 15 applications were received and all were funded. Success rate was 100 percent. Not stated as required. Anticipated funding $738,380. High: $64,000; Average: $27,753; Low: $10,422 ------- There is no stated maximum. ---··---·-··---·--- 20 percent of the total cost of the approved project with non- Federal funds. Annual • Corona Fire Department -Area Plan Update: a minimum of 75% of the HMEP Planning grant allocation is made available to the LEPCs for allowable projects via a sub-grant process that requires the LEPCs to approve and prioritize all applications for -----·---------------·---·· .. -----· 5-228 ""m"WMMW., ...... .,~AA~~ .... """w ~-·-"·- Blais&Associates professional grant management their region. $11,000. • City of Lancaster -HazMat Needs/Hazards Assessment and Response Exercise: To fund a Needs/Hazards Assessment of the existing HazMat transportation conditions in the City, create a database and GIS maps to document existing facilities and thoroughfares that use or transport Hazardous Materials, and share the data with the existing EOC software programs and all first responders. This data would also be used to design, conduct, and evaluate a full-scale exercise that evaluates the current readiness levels of the EOC, field response crews, and CERT volunteers to determine future needs. The scenario will involve a tanker truck accident and resulting spill. Results of the assessment and exercise lessons learned will directly relate to an intended 2013-14 application to fund the development of a HazMat Transportation Emergency Area Plan. $10,422. • Trinity County -Rural HazMat Decon Team Revitalization Project: Project is to design and conduct a multi-jurisdictional, multi-discipline full-scale HazMat exercise involving a transportation element, including the decontamination of ambulatory and non-ambulatory victims and responders. An after-action report and corrective action plan will support future updates to the HazMat Area Plan. Supplies and equipment necessary to support this exercise -and future training, exercises, and responses -include Level B Chemical Protective Clothing, ICS ID vests, and a transport trailer. The $10,880 being requested is 40% of the identified Total Project Costs versus the allowable 80%. This project will deliver long- term life safety benefits to responders by improving timeliness and effectiveness of essential victim & responder decontamination and by improving coordination between local and regional HazMat response resources. $10,880. ·-=,,~-"'"""m"~--·-·---,,,_,_,__,_,,,~,-~~-----'"""'mm-""'""-""""'-"""''~ -----~-------· ----------·~~,_..,,,,_,, __ ~-~---· 13 Priorities 14 Eligible Project Types A minimum of 75% of the HMEP Planning grant allocation is made available to the LEPCs for allowable projects via a sub-grant process that requires the LEPCs to approve and prioritize all applications for their region. -~--------~-...... -~~-~~ • Project MUST be HazMat and Transportation related. • Development, improvement, and implementation of emergency plans required under the EPCRA. • Enhancement of emergency plans, including hazards analysis, and response procedures for emergencies involving transportation of hazardous materials, including radioactive materials. • An assessment to determine the flow patterns of hazardous materials within the state, between states or Native American lands, and development and maintenance of a system to keep such information current. • An assessment of the need for regional hazardous materials 5-229 15 Ineligible Activities Blais&Associates professional grant management emergency response teams. • An assessment of local response capabilities. • HazMat emergency response drills and exercises to test capabilities and identify gaps in training. (Allowable costs include planning and design, participation, evaluation, and after action review costs.) • Provision of technical staff to support the planning effort. • Additional activities appropriate to implement the scope of work for the proposed project plan and approved in the grant. (These activities must be approved by Cal EMA before initiated.) • Costs incurred outside the performance period. • Equipment purchases -Some equipment necessary for the completion of allowable project activities may be approved on a case-by-case basis, but will likely be funded at less than 80 percent of the total cost. • Overtime wages or Call Backs/Backfill • Food items • Software -with the exception of CAMEO • Weapons of Mass Destruction (WMD) planning or exercise activities • All-hazards or fixed-facility only planning or exercise activities • Community Emergency Response Team (CERT), Neighborhood Watch, and other community planning organization activities ---------------~ --~-"-'" ----------------------·---~-----·-----------~---~-------------------,~--~--~---------·--·-··-~--·-·------~--·------ 16 Project Readiness The grant performance period is October 1 through September 30. HOW TO APPLY 17 Application Requirements • Application Form • Project Narrative (limited to two pages) • Designation Statement • Budget Worksheet and Budget Narrative • Work Schedule and Deliverables Form • Grant Assurances ···-····~·--~····----··-.. --.. ~---- 18 Submission Requirements Eligible public agencies must submit their planning grant applications to the LEPCs for review, prioritization, and approval. «••-·-·-------·--.. --------·--- HOW APPLICATIONS WILL BE SCORED ~~~~------- 19 Evaluation Criteria and Process • Each LEPC is responsible for evaluating, approving and prioritizing the HMEP Planning sub-grant applications from within their region. • Once Cal EMA receives the applications, they are evaluated to determine if they are allowable, reasonable, and allocable to the HMEP grant program. • Additionally, the project is evaluated against the goals, objectives, and planning priorities for that grant cycle and whether the criteria listed on the application forms' instructions have been met. • Awards are expected September 30, 2013. 5-230 Blais&Associates professional grant management WHO TO CONTACT 20 Agency Cal EMA ------·---- 21 Contact Name/Phone Number Neverley Shoemake at: (916) 845-8765 or neverley.shoemake@calema.ca.gov ·-····--···----·-··--·-···---~·--·--····-----··-·~-····--··-······-~-··--- 22 Web Site h!!p_:LL~Y.!L.~.,_(;_!!l_~ ma . .f!!.,E.Q.'.l!'.L!::l a za rd g_~.s Mate ria lsLPage~L!::I ME P..:: 5-231 LOCAL EMERGENCY PLANNING COMMITTEE (LEPC) CHAIRS CALIFORNIA EMERGENCY MANAGEMENT AGENCY (CALEMA) STAFF Planning: Neverley Shoemake (916) 845-8765; CSTI Training: Susan Kocher (805) 549-3534 or Annabelle Dixon (805) 549-3544 E-mail: neverlev.shoernake@calerna.ca.gov; susan.kocher@calema.ca.gov; Annabelle.dixon@calema.ca.gov Chair CalEMA Staff Region I Region I RANDY ALVA JERI SIEGEL Los Angeles County Fire Department CalEMA, Southern Region 18239 W. Soledad Canyon Road 4671 Liberty Avenue Canyon Country, CA 91351 Los Alamitos, CA 90720-5158 Phone: (510) 238-7759. Phone: (805) 473-3035; Fax. (805) 679-1996 E-mail: aalva(@firc.Iacounty.gov E-mail: jeri.seigel@calema.ca.gov Regionll Regionll DAVE DEARBORN SANDRA MCKENZIE California Highway Patrol CalEMA, Coastal Region 1551 Benicia Road 1300 Clay Street, Suite 400 Vallejo, CA 94591 Oakland, CA 94612 Phone: (707) 373-7719 Phone: (510) 286-6748; Fax. (510) 286-0853 E-mail: ddearborn(@chu.ca.gov E-mail: sandra.mckenzie(@calema.ca.gov Region ID Region ID WILLIAM FULLER DEBORAH VERCAMMEN Yuba City Fire Department CalEMA, Inland Region (North) 824 Clark A venue 20645 Gas Point Rd. Yuba City, CA 95991 Cottonwood, CA 96022 Phone: (530) 822-4809; Fax. (530) 822-7561 Phone: (530) 347-6494; Fax. (530) 347-6456 E-mail: wfuller(@yubacitv.net E-mail: deborah.vercammen@calema.ca.gov Region IV Region IV MICHAEL PARIS SI DANA OWENS San Joaquin County Environmental Health Department CalEMA, Inland Region 1868 East Hazelton A venue 3650 Schriever Avenue Stockton, CA 95205 Mather, CA 95655 Phone: (209) 953-6213; Fax: (209) 468-3433 Phone: (916) 845-8482; Fax. (916) 845-8474 E-mail: dave.iohnston@edcgov.us E-mail: dana.owens(@calema.ca.gov Region V Region V CRAIG PERKINS KEVIN NAGATA Bakersfield Fire Department CalEMA, Inland Region (South) 2101 H Street 2550 Mariposa Mall, Room 181 Bakersfield, CA 93301 Fresno, CA 93721 Phone: (661) 326-3684; Fax: (661) 852-2171 Phone: (559) 445-6125; Fax. (559) 445-5987 E-mail: ctuerkins(@bakcrsfieldfire.us E-mail: kevin.nagata@calema.ca.gov Region VI Region VI NICK VENT JOANNE PHILLIPS County of San Diego CalEMA, Southern Region Hazardous Materials Division 4050 Taylor Street, M5243 P.O. Box 129261 San Diego, CA 92110 San Diego, CA 92112-9261 Phone: (619) 220-5369; Fax. (619) 278-3793 Phone: (858) 505-6693; Fax. (858) 694-3705 E-mail: ioanne.phillips@calema.ca.gov E-mail: nick.vent(@sdcountt.ca.gov Revision date: 5/13/2013 5-232 UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION IX Mr. Tony Puckett Rancho LPG Holdings, LLC 2110 North Gaffey Street San Pedro, California 90731 75 Hawthome Street San Francisco, CA 94105 MAR I 4 2013 CERTIFIED MAIL NO.: RETURN RECEIPT REQUESTED In Reply Refer to: Rancho San Pedro Terminal, San Pedro, CA RE: Notification of Potential Enforcement Action for Violation of Section 1l2(r)(7) of the Clean Air Act Dear Mr. Puckett: On April 14, 2010, and January 11, 2011. the U.S. Environmental Protection Agency ("EPA") conducted inspections at the San Pedro Termin;tl ('the Facility') owned by Plains LPG Services and operated by Rancho LPG Holdings, LLC (the "Companies") at 2110 North Gaffey Street, in San Pedro, California. The purpose of the inspections and subsequent information requests were to evaluate the Companies' compliance with the requirements under Section l 12(r) of the Clean Air Act ("CAA"). Based upon the information obtained during our investigatio~ EPA is prepared to initiate a civil administrative action against the Companies to ensure compliance with federal law and assess a penalty pursuant to Section 113 of the CAA, 42 U.S.C. § 7413. The anticipated allegation includes violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r)(7), and its implementing regulations. Specifically, the anticipated allegations against the Companies include: 1. The Companies failed to identify and assess its rail storage area as a process for inclusion in its Risk Management Plan (''RMP''). The rail storage area should have been included as a covered process where a regulated substance was present above a threshold quantity when it submitted an RMP. As a result, the Companies failed to conduct a hazard assessment of that process, in violation of Section 112(r)(7) of the CAA, 42 lJ.S.C. § 7412(r), and 40 C.F.R. § 68.12(a) and (b). 5-233 2. The Companies failed to adequately evaluate potential seismic stresses on the support structure for the emergency flare in accordance with design codes. As a consequence, the Companies violated Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. § 68.65(a) and(d)(2-3), which requires that the owner or operator ensure that complete process safety information is compiled on the technology of the process and that the equipment complies with recognized and generally accepted good engineering practices. 3. The Companies did not appropriately address the consequences of a loss of the city water system for fire suppression in the event of an earthquake. This omission is a violation of Section l 12(r)(7) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. § 68.67(c)(4), which requires th.at the owner or operator address the consequences of the failure of engineering and administrative controls in the process hazard analysis. 4. The Companies failed to internally inspect Tanlc 1 according to a timetable set forth in API Standard 653, in violation of Section l 12(rX7) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. § 68.73(d)(2), which require that the owner or operator ensure that inspection and testing procedures follow recognized and generally accepted good engineering practices. . 5. The Facility's emergency response plan identified the facility as a responding facility for which employees will take response action in the event of a release, per 40 C.F.R. 68.90(a). However, the Facility's emergency response plan developed under paragraph (a)(l) of that part was not coordinated with the community emergency response plan developed under 42 U.S.C. 11003. In addition, the Facility Manager and employees stated to EPA that they are not emergency responders for the Facility, but are only authorized to talce life safety and evacuation actions. The Companies failed to develop and implement an emergency response program for the purpose of protecting public health and the environment, including at a minimum, procedures for infonning the public and emergency response agencies in the event of a release. The Facility failed to clearly indicate to their own employees whether they would be emergency responders or would evacuate. This is in violation of Section l 12(r)(7) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. § 68.95(a)(l)(i), which requires an owner or operator to develop and implement an emergency response program including a plan that shall be maintained at the stationary source and contain procedures for infonning the public and local emergency response agencies about accidental releases. 6. The Companies failed to ensure that the drain pipe located in the base of the containment basin and the valve located near Gaffey Street were included in the mechanical integrity program. This is in violation of Section 112(r)(7) of the CAA, 42 U.S.C. § 7412(r), and 40 C.F.R. § 68.73(d), which requires inspection and testing procedures to follow recognized and generally accepted good engineering practices. 2 5-234 Before filing a Determination of Violation, Compliance Order and Notice of Right to Request a Hearing ("Complaint"), EPA is extending to the Companies an opportunity to advise EPA of any other information that the Companies believes should be considered before the .filing of such a Complaint. Relevant information may include any evidence of reliance on compliance assistance, additional compliance tasks performed subsequent to the inspection, or fma.ncial factors bearing on the ability to pay a civil penalty. Your response to this letter must be made by a letter, signed by a person or persons duly authorized to represent the Companies. Please send any such response by certified mail, return receipt requested, addressed to: Ms. Mary Wesling (SFD-9-3) Environmental Scientist U.S. EPA Region IX 75 Hawthorne St. San Francisco, CA 94105 Please provide such information by no later than April 15, 2013. EPA anticipates filing a Complaint in this matter on or about·May 15, 2013, unless the Companies first advise EPA, with supporting information, of subst.antial reasons not to proceed as planned. Any penalty proposed for violation of the CAA will be calculated pursuant to EPA' s "Final Combined Enforcement Policy for the Clean Air Act Section 112(r)(l), the General Duty Clause, and Clean Air Act Section l 12(r)(7) and 40 C.F.R. Part 68, Chemical Accident Prevention Provisions," dated June 20, 2012, a copy of which is enclosed (the "Penalty Policy"). Civil penalties may be mitigated, under the EPA "Supplemental Environmental Projects Policy,"1 which describes the terms under which a commitment to perform an environmental project may mitigate, in p~ a civil penalty. Even if the Companies are unaware of any mitigating or exculpatory factors, EPA is extending to the Companies the opportunity to commence settlement discussions concerning the above described violations. Additionally, to fully consider application of the Penalty Policy, EPA is additionally requesting responses to specific questions set forth below. EPA makes this request for information pursuant to 42 U.S.C. § 7414(a). Failure to comply with the information request in this letter may result in enforcement action being ta.ken in accordance with Section 113 of the Act, 42 U.S.C. § 7413. This may include civil and administrative penalties of up to $37,500 per day of noncompliance~ pursuant to section l 13(b)(2) and 113(d) of the Act, 42 U.S.C. §§ 7413(b)(2) and 7413(d). Instructions regarding the requests also are set forth below. Ill 1 httn ;//www. epa. govJcompI ian cc/resources/policies/ c i vil/s"'s/fn lsup-hermn-mem, pdf. and htt]2:// c fpub .epa. gov/compliance/ resources/policies/c iyiV~eps/. 3 5-235 If there are any questions, please contact Mary Westing of my staff at (415) 972~3080 or Wesling.Mary@epa.gov. Please direct any questions or inquiries from legal counsel to Andrew Helmlinger, EPA Counsel, at (415) 972-3904 or Helmlinger.Andrew@epa.gov. Thank you for your prompt attention to this matter. Enclosures: Sincerely, ··1 "" .-, .l'/f"7Ji'1/ /J :r--J ~Y-1<:-h& ( Daniel A. Meer, Assistant Director Superfund Division Final CAA § 112(r) Combined Enforcement Policy cc Cw/enclosures): T. Puckett, Plains LPG Services, LLC, Houston, TX M. Wesling, U.S. EPA Region IX A. Helmlinger, U.S. EPA Region IX 4 5-236 ENCLOSURE INSTRUCTIONS 1. Please provide a separate response to each request, and identify each response by the number . of the request to which it corresponds. For each document produced, identify the request to which it is responsive. 2. Knowledge or information that has not been memorialized in any document, but is nonetheless responsive to a request, must be provided in a narrative form. 3. The scope of this Information Request includes all information and documents obtained or independently developed by the Companies, their attorneys, consultants or any of their agents, consultants, or employees. 4. The Companies may not withhold any information from EPA on the grounds that it is confidential business information. EPA has promulgated regulations, under 40 C.F.R. Part 2, Subpart B, to protect confidential business information that it receives. The Companies may assert a business confidentiality claim (in the manner specified in 40 C.F.R. § 2.203(b)) for all or part of the information requested by EPA. However, business infonnation is entitled to confidential treatment only if it satisfies the criteria set forth in 40 C.F.R. § 2.208. EPA will disclose business information entitled to confidential treatment only as authorized by 40 C.F.R. Part 2, Subpart B. If no claim of confidentiality accompanies the information at the time EPA receives it, EPA may make it available to the public without further notice. 5. Notice is hereby given, pursuant to 40 C.F.R. § 2.310(h), that EPA may disclose confidential information provided by the Companies to EPA's authorized representatives, including its contractor, Science Applications International Corporation ("SAIC"). Confidential information may be disclosed to EPA's authorized representatives for the following reasons: to assist with document handling, inventory and indexing; to assist with dooument review and analysis for verification of completeness; and to provide expert technical review of the contents of the response. Pursuant to 40 C.F.R. § 2.310(h), the Companies may submit, along with its response to this Information Request, any comments regarding EPA's disclosure of confidential information to its authorized representatives. 6. If information or documents not known or available to the Companies at the time of any response to this Infonnation Request later become known or available to it, it must supplement its response to EPA. Moreover, should the Companies find at any time after the submission of any response that any portion of the submitted information is false or misrepresents the truth, the Companies must notify EPA as soon as possible and provide EPA with a corrected response. 7. If information responsive to a request is not in the Companies' possession, custody, or control, identify the persons or entities from whom such infonnation may be obtained. For each individual or entity that possesses responsive information, please provide the following: name, last known or current address, telephone number, and affiliation with the Companies or the Facility. 5 5-237 8. If you believe that th.ere are grounds for withholding information or documents that are responsive to this request, e.g., attorney-client privilege, you must identify the information or documents and state the basis for withholding. INFORMATION REQUEST 1. Provide cost information for the development and implementation of the Facility's RMP. Disaggregate the RMP development costs by capital and one-time non-depreciable expenses. Regarding implementation costs, provide actual or estimated incremental (above the Facility,s previously existing level-of-effort) annually recurring costs (e.g. Operation & Maintenance). 2. Provide a statement and supporting documentation indicating the Companies, present net worth,. 6 5-238 SUSAN BROOKS, MAYOR JERRY V. OUHOVIC, MAYOR PRO TEM BRIAN CAMPBELL, COUNCILMAN JIM l<NIGHT, COUNCILMAN ANTHONY M. MISETICH, COUNCILMAN CITY OF The Honorable Janice Hahn 44th Congressional District of California United States House of Representatives 400 Cannon House Office Building Washington, DC 20515 RANCHO PALOS VERDES June 18, 2013 SUBJECT: Resolution of Issues Related to the Rancho LPG Facility, 2110 North Gaffey Street, San Pedro, California Dear Congresswoman Hahn: During your tenure on the Los Angeles City Council and in your current capacity representing the 44th Congressional District of California, my City Council colleagues and I have very much appreciated your leadership in addressing community concerns about the Rancho LPG facility. As you know. 'the operation of this facility has potential impacts upon residents in both the cities of the 44th District and residents on the Palos Verdes Peninsula in the adjoining 33rd District. Our City Council receives regular updates related to the facility from our Staff. However, there are several issues for which we have sought (unsuccessfully) answers to our questions about the facility, and for which we now turn to you for assistance. Rancho LPG Insurance Information At a public meeting before the Rancho Palos Verdes City Council in October 2012, a representative of Rancho LPG expressed willingness to provide our City with information about the insurance and liability coverage for the Rancho LPG facility. However, in January 2013, Rancho LPG subsequently refused to provide this information on the grounds that it was "proprietary information" (see enclosures). We seek any assistance that you can provide in obtaining copies of Rancho LPG's insurance information. Chief Legislative Analys~'s Recommendations In February 2013, the Chief Legislative Analyst's (CLA) Office of the City of Los Angeles released its report on "Safety Regulations and Precautions at Liquefied Petroleum Gas (LPG) Facilities." The report was prepared in response to several motions by your successor, 15th District Los Angeles City Councilman Joe Buscaino. After summarizing 30940 HAWTHORNE BOULEVARD I RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5205 I FAX (310) 544-5291 I WWW.PALOSVERDES.COM/RPV @PRINTED 0N RECYCLED PAPER 5-239 Congresswoman Janice Hahn June 18, 2013 Page2 the legislative and regulatory background affecting the Rancho LPG facility in its report, the CLA made two (2) recommendations: 1. Instruct the Fire Department to develop potential options for a community outreach effort and preparedness exercise with City departments and stakeholders in the San Pedro area, including the facility operator, local Neighborhood Councils, homeowner groups, and other community based organizations. 2. Instruct the Fire Department and Department of Building and Safety, with the assistance of the Chief Legislative Analyst, to report back with a list of inspections conducted by non-City agencies at liquid bulk storage facilities that would benefit City agencies by receiving automatic notification of inspection deficiencies. Recently, we forwarded to Councilman Buscaino's staff information about a possible grant funding opportunity for emergency preparedness that might help to implement the CLA's recommendations (see enclosure). We would appreciate any assistance that you might offer to the City of Los Angeles in pursuing these grant funds to assist in the implementation of the CLA's recommendations regarding the Rancho LPG facility. Environmental Protection Agency Enforcement Action In March 2013, the U.S. Environmental Protection Agency (EPA) issued a "Notification of Potential Enforcement Action for Violation of Section 112(r)(7) of the Clean Air Act" to the Rancho LPG facility (see enclosure). This notice apparently stemmed from site inspections conducted by the EPA in 2010 and 2011. The allegations against Rancho LPG include: • Failing to include the rail storage area of the site in its Risk Management Plan; • Failing to adequately evaluate seismic impacts upon the facility's emergency flare; • Failing to address the consequences of a loss ·of City water for fire suppression during an earthquake; • Failing to conduct a timely internal inspection of Tank 1 (i.e., one of the 12%- million-gallon butane storage tanks); • Failing to develop an Emergency Response Plan to protect public health and the environment; and, • Failing to include a drain pipe and valve in the containment basin in the Mechanical Integrity Program. 5-240 Congresswoman Janice Hahn June 18, 2013 Pagel Rancho LPG was given until April 15, 2013, to file responses to EPA's allegations. Our Staff contacted the EPA on May 6, 2013, to inquire into the status of Rancho LPG's response, but we have received no response to our inquiry from EPA. We seek your assistance in getting an update from EPA in this matter. Again, I thank you for your continued leadership in addressing this issue affecting all of our constituents. If you have questions or need additional information, please contact Senior Administrative Analyst Kit Fox at (310) 544-5226 or kitf@rpv.com. Sincerely .. yours, er~~ Susan M. Brook Mayor enclosures cc: Rancho Palos Verdes City Council Carolyn Lehr, Rancho Palos Verdes City Manager Mayor Margaret Estrada and the Lomita City Council Michael Rock, Lomita City Manager Mayor James F. Goodhart and the Palos Verdes Estates City Council Anton Dahlerbruch, Palos Verdes Estates City Manager Mayor Frank E. Hill and the Rolling Hills City Council Steve Burrell, Rolling Hills Interim City Manager Mayor Frank V. Zerunyan and the Rolling Hills Estates City Council Doug Prichard, Rolling Hills Estates City Manager Kit Fox, Senior Administrative Analyst M:\Border lssues\Rancho LPG Butane Storage Facility\20130618_Hahn_RanchoLPG.doc 5-241 SUSAN BROOKS, MAYOR JERRY V. OUHOVIC, MAYOR PRO TEM BRIAN CAMPBELL, COUNCILMAN JIM KNIGHT, COUNCILMAN ANTHONY M. MISETICH, COUNCILMAN CITY OF The Honorable Henry A. Waxman · 33rd Congressional District of California United States House of Representatives 2204 Rayburn House Office Building Washington, DC 20515 ' RANCHO PALOS VERDES June 18, 2013 SUBJECT: Resolution of Issues Related to the Rancho LPG Facility, 2110 North Gaffey Street, San Pedro, California Dear Congressman Waxman: My City Council colleagues and I are pleased to welcome you as the U.S. Congressional Representative for the City of Rancho Palos Verdes and the other cities and communities on the Palos Verdes Peninsula. As you may be aware, an issue of concern to many residents in this portion of the 33rd District is the Rancho LPG facility in San Pedro, which stores and handles more than 25 million gallons of butane and propane in a densely-populated area near the Port of Los Angeles. The operation of this facility has potential impacts upon residents in both the cities of the 33rd District and those in the adjoining 44th District. Our City Council receives regular updates related to the facility from our Staff. However, there are several issues for which we have sought (unsuccessfully) answers to our questions about the facility, and for which we now turn to you for assistance. Rancho LPG Insurance Information At a public meeting before the Rancho Palos Verdes City Council in October 2012, a representative of Rancho LPG expressed willingness to provide our City with information about the insurance and liability coverage for the Rancho LPG facility. However, in January 2013, Rancho LPG subsequently refused to provide this information on the grounds that it was "proprietary information" (see enclosures). We seek any assistance that you can provide in obtaining copies of Rancho LPG's insurance information. Chief Legislative Analyst's Recommendations In February 2013, the Chief Legislative Analyst's (CLA) Office of the City of Los Angeles released its report on "Safety Regulations and Precautions at Liquefied Petroleum Gas 30940 HAWTHORNE BOULEVARD I RANCHO PALOS VERDES, CA 90275-5391 / (310) 544-5205 /FAX (310) 544-5291 I WWW.PALOSVERDES.COM/RPV @PRINTED ON RECYCLED PAPER 5-242 Congressman Henry A. Waxman June 18, 2013 Page2 (LPG) Facilities." The report was prepared in response to several motions by 15th District Los Angeles City Councilman Joe Buscaino. After summarizing the legislative and regulatory background affecting the Rancho LPG facility in its report, the CLA made two (2) recommendations: 1. Instruct the Fire Department to develop potential options for a community outreach effort and preparedness exercise with City departments and stakeholders in the San Pedro area, including the facility operator, local Neighborhood Councils, homeowner groups, and other community based organizations. 2. Instruct the Fire Department and Department of Building and Safety, with the assistance of the Chief Legislative Analyst, to report back with a list of inspections conducted by non-City agencies at liquid bulk storage facilities that would benefit City agencies by receiving automatic notification of inspection deficiencies. Recently, we forwarded to Councilman Buscaino's staff information about a possible grant funding opportunity for emergency preparedness that might help to implement the CLA's recommendations (see enclosure). We would appreciate any assistance that you might offer to the City of Los Angeles in pursuing these grant funds to assist in the implementation of the CLA's recommendations regarding the Rancho LPG facility. Environmental Protection Agency Enforcement Action In March 2013, the U.S. Environmental Protection Agency (EPA) issued a "Notification of Potential Enforcement Action for Violation of Section 112(r)(7) of the Clean Air Acf' to the Rancho LPG facility (see enclosure). This notice apparently stemmed from site inspections conducted by the EPA in 2010 and 2011. The allegations against Rancho LPG include: • Failing to include the rail storage area of the site in its Risk Management Plan; • Failing to adequately evaluate seismic impacts upon the facility's emergency flare; • Failing to address the consequences of a loss of City water for fire suppression during an earthquake; • Failing to conduct a timely internal inspection of Tank 1 (i.e., one of the 12%- million-gallon butane storage tanks); · • Failing to develop an Emergency Response Plan to protect public health and the environment; and, • Failing to include a drain pipe and valve in the containment basin in the Mechanical Integrity Program. 5-243 Congressman Henry A. Waxman June 18, 2013 Page3 Rancho LPG was given until April 15, 2013, to file responses to EPA's allegations. Our Staff contacted the EPA on May 6, 2013, to inquire into the status of Rancho LPG's response, but we have received no response to our inquiry from EPA. We seek your assistance in getting an update from EPA in this matter. · Again, I thank you for your leadership in addressing this issue affecting all of our constituents. If you have questions or need additional information, please contact Senior Administrative Analyst Kit Fox at (310) 544-5226 or kitf@rpv.com. Sincerely yours, ~'/n~ Susan M. Brooks Mayor enclosures cc: Rancho Palos Verdes City Council Carolyn Lehr, Rancho Palos Verdes City Manager Mayor Margaret Estrada and the Lomita City Council Michael Rock, Lomita City Manager Mayor James F. Goodhart and the Palos Verdes Estates City Council Anton Dahlerbruch, Palos Verdes Estates City Manager Mayor Frank E. Hill and the Rolling Hills City Council Steve Burrell, Rolling Hills Interim City Manager Mayor Frank V. Zerunyan and the Rolling Hills Estates City Council Doug Prichard, Rolling Hills Estates City Manager Kit Fox, Senior Administrative Analyst M:\Border lssues\Rancho LPG Butane Storage Facility\20130618_Waxman_RanchoLPG.doc 5-244 Letter from Congresswoman Hahn to EPA regarding Rancho LPG facility 5-245 JANICE HAHN 44TH DISTRICT, CALIFORNIA COMMITTEES: TRANSPORTATION AND INFRASTRUCTURE SMALL BUSINESS PORTS CAUCUS FOUNDER AND CO-CHAIR SOUTHERN CALIFORNIA REGIONAL WHIP GUN VIOLENCE PREVENTION TASK FORCE <teongrr:5'5' of tbe -mniteb ii5>tate5' ~ouS't of laepreS'entatOns- •a!!fJingtou, jl(!t 20515-0544 The Honorable Jared Blumenfeld Regional Administrator U.S. Environmental Protection Agency 75 Hawthome St. (OPA-3) San Francisco, CA 94105 Dear Administrator Blumenfeld, July 10, 2013 W.AS.t!!.N.GI.QN..Q£f.K~: 404 CANNON HousE OrncE 8uu.1>1N<; WASH!NGTON, DC 20516 (202) 225-8220 FAX: (202) 226-7290 QJ.SIBtc.I...QJ.flCf.~ 140 W. 6n1 Smrnr SAN PEDRO, CA 90731 (310) 831-1799 FAX: (310) 831·· 1885 HTTP:llMAHN.H(ltJSE.GOV As you are aware, I am deeply concemed with the safety of members of my community who live, work, and send their children to school in the shadow of the Rancho LPG Facility in San Pedro. I greatly appreciated your taking the time to come to my district office last year to hear directly from community leaders who expressed t\1eir continuing concern about the safety of the site. In March 2013, the EPA issued a ''Notification of Potential Enforcement Action for Violation of Section l 12(r) (7) of the Clean Air Act" to the Rancho Facility and Rancho was given until April 15, 2013 to respond. I was gratified to see the EPA pursuing the safety concerns of my constituents so forthrightly, and I want to thank you again for your vigilance. I understand that the EPA wants to schedule a meeting with Rancho LLP to address their response in August. The community is eager to see this matter resolved as quickly as possible, and so I write to request that the meeting be held this month. I continue to believe that the relocation of these tanks is the only pennanent solution to the threat posed by the Rancho facility. Until we achieve that, however, I know the community would appreciate a report as soon as possible about the steps EPA is taking to aggressively confront and correct any and all possible violations at the facility. Thank you for attention to this matter. If you have any questions, please call my District Director, Elise Swanson at (310) 831-1799. Sincerely, nice Hahn ember of Congress CC: Councilmember Joe Buscaino, Los Angeles City Council Mayor Susan Brooks, City of Rancho Palos Verdes 5-246 Letter from Congressman Waxman to OHS regarding Rancho LPG facility 5-247 FRED UPTON, MICHIGAN CHAIRMAN ONE HUNDRED THIRTEENTH CONGRESS HENRY A. WAXMAN, CALIFORNIA RANKING MEMBER etongrt~~ of tbt ~lnittb tatt~ jj}ouse of 3lcpresentatibes COMMITTEE ON ENERGY AND COMMERCE 2125 RAYBURN HousE OFFICE ButLDING WASHINGTON, DC 20515-6115 The Honorable Janet Napolitano Secretary of Homeland Security Washington, DC 20528 Dear Madame Secretary: Majority {202) 225-2927 Minority {202) 225-3641 July 31, 2013 This week, explosions at a propane gas plant in Flori.da underscored the potential dangers to local communities from facilities that store liquefied gas. The Florida plant was relatively small, but the incident there injured workers, some critically, and forced an evacuation of the surrounding communi.ty. b1 my district, there is a facility with much larger tanks that stores liquefied gas. My investigation indicates that the Department does not appear be taking the steps necessary to protect the public from the risks of explosions. In fact, the Department is reaching conclusions that conflict with those of EPA inspectors, creating confusion and potentia1ly delaying safety measures. I am writing to call this facility to your attention and to urge the Department to take all necessary steps to safeguard the local community. Earlier this year, community leaders brought to my attention the liquefied petroleum gas storage facility owned by Rancho LPG Holdings LLC in San Pedro, California. Like the Blue Rhino facility that exploded in Florida, Rancho holds significant quantities of flammable gases, including propane. Unlike the Florida facility, the Rancho facility's holdings are stored in large tanks, posing a threat of a larger scale explosion than what was seen in Florida. The community leaders in Rancho Palos Verdes are concerned about the risks Rancho poses to its neighboring residents. They told me that unexplained flaring has occurred at the site without proper notification and that mitigation measures have not been performed at the site to prevent an accident or terrorist attack. ·They are concerned that the tanks are simply too close to homes and schools, given the possibility of a large-scale explosion. On March 14, 2013, the U.S. Environmental Protection Agency (EPA) initiated an enforcement action against Rancho for violations of legal requirements of EPA' s Risk Management Program. Rancho was cited for failure to share the facility's emergency response plan with first responders who would have a role in responding to a release at the facility, failure 5-248 The Honorable Janet Napolitano July 31, 2013 Page 2 to assess risks in its rail storage area, and a failure to properly plan for seismic events. Essentially, EPA said that Rancho is not prepared for an earthquake or accident. When I learned of these facts, my staff contacted the Department of Homeland Security (DHS) to learn what the Department was doing to protect the community. Under the current system, federal oversight of a facility like Rancho is split between EPA, which is charged with protecting against chemical accidents, and DHS, which is charged with protecting against chemical releases that are caused by terrorist or criminal acts. What we learned from DHS was surprising. While EPA has taken action to protect the community from deficiencies in the Rancho facility's preparedness, DHS found no significant or disqualifying problems at Rancho. An official of the Department told my staff that the facility hadjust undergone a "successful CFATS inspection."1 No explanation was given as to how Rancho could be a danger to the cmmnunity according to EPA but perfectly safe according to the Department of Homeland Security. Last week, my staff reviewed the records from that inspection, and they reveal serious inadequacies in the DHS inspection at the facility. Most of the information DHS relied upon was self-reported by the facility. And when the inspectors went to the facility to conduct the inspections, their verification efforts were minimal. For example, the DHS inspector "verified" that the facility's emergency response plan had been communicated to local emergency responders based on an interview with a senior representative of the company's management who did not work at the facility, whereas EPA found by checking with employees and local emergency responders that the facility's emergency response plan was not on file. Similarly, the DHS inspector "verified" that employees had been trained on their roles and responsibilities in emergency situations by reviewing training records and interviewing the same senior manager, but EPA discovered by checking with the employees that they did not know what their roles and responsibilities are for emergency response. As I hope you can understand, the DHS actions have the potential to create considerable confusion for the community. EPA says Rancho is not prepared for an accident; DHS says the company is prepared for an intentional attack. The EPA inspection appears thorough; the DHS inspection seems cursory. The EPA findings are alanning; the DHS conclusions are reassuring. I believe the root cause of the problem may be deficiencies in the Chemical Facility Anti- Terrorism Standards (CFATS) program administered by DHS. The CFATS program has a long 1 Oral communication between DHS staff and Energy and Commerce Committee staff (Mar. 21, 2013). 5-249 The Honorable Janet Napolitano July 31, 2013 Page 3 record of ineffectiveness. As Rep. Bennie Thompson, the Ranking Member of the Committee on Homeland Security, and I wrote President Obama earlier this year, CF ATS appears to be a "failing" program that has shown a "distressing lack of progress in securing these facilities since the program was established nearly six years ago."2 Now, this example suggests that the benchmarks for progress through the CF ATS program are not reliable indicators of a facility's security. It is troubling to think that we might never have become aware of the deficiencies in the CF A TS inspection if not for EPA• s work. Significant changes to the CF A TS program appear warranted. I urge you to review the Department's actions at Rancho and the larger CFATS progran1. I hope you will then take whatever steps are necessary to ensure public safety. Thank you for your attention to this matter. Sincerely, Henry A. Waxman Ranking Member 2 Letter from Rep. Henry A. Waxman, Energy and Commerce Committee Ranking Member, and Rep. Bennie Thompson, Homeland Security Committee Ranking Member, to President Barack Obama (May 2, 2013) ( online at http://democrats.energycommerce.house.gov/index.php?q=news/ranking-members-waxman-and- thompson-urge-president-to-establish-blue-ribbon-commission-on-chemi). 5-250 E-mails regarding Rancho LPG facility 5-251 Kit Fox From: Sent: To: Cc: Subject: Janet Gµnter <arriane5@aol.com> Wednesday, June 19, 2013 11 :29 PM MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; det31 O@juno.com; connie@rutter.us; jody.james@sbcglobal.net; Kit Fox; chateau4us@att.net; connie@rutter.us; lisa.pinto@mail.house.gov; aaron.wilensky@mail.house.gov; dan.tillema@csb.gov; don.holmstrom@csb.gov; Beth.Rosenberg@csb.gov; Mark. Griffon@csb.gov; Rafael. Moure- Eraso@csb.gov; wesling.mary@epamail.epa.gov; meer.daniel@epa.gov; helmlinger.andrew@epa.gov; blumenfeld.jared@epa.gov; marciesmiller@sbcglobal.net; pmwarren@cox.net; igornla@cox.net; dwgkaw@hotmail.com; burling102@aol.com; jacob.haik@lacity.org; richard.vladovic@lausd.net; bonbon90731@gmail.com; nancy.lauer@lapd.lacity.org lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; leneebilski@hotmail.com; overbid2002@yahoo.com; diananave@gmail.com; mandm8602@att.net; dlrivera@prodigy.net; peter.burmeister@sbcglobal.net; ronkil@aol.com; lpryor@usc.edu; earl .southwell@gmail.com Another article on Prof. Bea who has acknowledged the extremely high risk of Rancho LPG in San Pedro http://discovermagazine.com/2013/june/14-master-of-disaster#. UcKZU uNC-1 1 5-252 Master of Disaster I DiscoverMagazine.com Page 1of6 FROM THE JUNE 2013 ISSUE Earthquakes and hurricanes will always wreak havoc, but risk management expert Robert Bea says the greatest tragedies result from hubris and greed. By Linda Marsa I Thursday, May 23, 2013 RELATED TAGS: NATURAL DISASTERS Paul Chinn/San Francisco Chronicle/Corbis Robert Bea has an unusual specialty: He studies disasters. As one of the world's leading experts in catastrophic risk management, the former Shell Oil Co. executive sifts through the wreckage to unravel the chain of events that triggers accidents. The blunt-spoken civil engineer has spent more than a half-century investigating high-profile engineering failures, from the space shuttle Columbia's horrific end to the explosion of the Deepwater Horizon oil-drilling rig in the Gulf. A professor emeritus of civil engineering at the University of California, Berkeley, Bea's disaster autopsy methods. -such as looking at the organizational breakdowns that lead to calamities -have been widely adopted. Although policymakers and corporate honchos seek his counsel, sometimes they don't like what he has to say -witness the flak he took from BP during the Deepwater Horizon probe. Now in his mid-70s, Bea's voice is raspier, but his critical faculties are undimmed. On a crisp fall day, he talked with DISCOVER in his comfortable one-story house in Moraga, a leafy suburb east of http://discovermagazine.com/2013/june/l 4-master-of-disaster 7/29/2013 5-253 Master of Disaster I DiscoverMagazine.com Page 2of6 Berkeley, about what causes catastrophes. You have said that engineering failures aren't the chief culprits behind disasters, pointing instead to human and organizational failures -inadequate safety protocols, corporate hierarchies, conflicting egos or just plain laziness. Was there an "aha moment" when this became apparent? When I was involved in the investigation into the Piper Alpha disaster, when an explosion destroyed an Occidental Petroleum oil-drilling platform in the North Sea, killing 167 men in 1988. The external investigation team that had been hired by Occidental into what caused Piper Alpha found it was a corporate culture that had gone bad, had lost its way. I was part of that team all the way through the Lord Cullen Commission hearings in London, and I had to listen to one of my friends explain to the Cullen Commission why he and his colleagues had turned off the smoke alarms on the platform because the operating crew was doing a routine maintenance procedure late in the evening. Unfortunately, for over a month, certain alarms had been disabled to prevent unnecessary shutdowns on the rig -in some cases as a response to practical jokes. But turning off the alarms was one of the reasons they got caught by surprise. Ironically, two years before, I was brought in to advise Occidental on risk management for Piper Alpha because they were having gas releases, pipes were leaking. Of course, you didn't have to be very smart to say, "Yeah, we've got a problem -it's called rusty pipes. And we've got problems with people not doing what they should be doing, and people who don't understand what's happening." One evening, during the first year of the investigation, I saw spread out on the reception table of the Occidental offices a copy of the London Times newspaper with a great, big, bold headline that said, "Occidental puts profit before safety." It had a picture of one of the bandaged, beat-up, horribly scarred survivors from the disaster who was telling this to the newspaper. What this survivor was observing is true. If you don't have profitability, you don't have the resources to invest in achieving adequate protection. What the tension is, is having the discipline and the foresight to make those investments before you're in trouble. When I came back to Berkeley after the investigation was completed, I realized that for the past 50- some-odd years of my career, I'd been working on 10 percent of the problems. I'd been working on normal engineering things, and 90 percent of the problems are humans and/or organizations. We often have ample warnings before catastrophes hit, but we tend to ignore them until it's too late. Why? http://discovermagazine.com/2013/june/14-master-of-disaster 7/29/2013 5-254 Master of Disaster I DiscoverMagazine.corn Page 3 of6 The problem is attention span, particularly in this country because we are a pretty young country. Our knowledge of history is very limited. We are extremely blessed. Lots of good things attract our attention. It's a noisy environment, really noisy. It's unusual to find people who are comfortable sitting in a room by themselves thinking. You could say the eruption of Mount St. Helens was certainly painful, but it actually affected relatively few people and then disappeared into that strong noise environment. At that point people say, "Well, it's never happened to me. I can't even remember my parents talking about it, and I've got these new things to play with, and they require attention," like Facebook and Twitter. And suddenly, we have flitted from something that is difficult and painful to think about back to something that is enjoyable. You seem to be suggesting that people have trouble dealing with issues over the long term. Are there other examples? Well, global climate change is a perfect one, or rising sea levels. It's happening slowly. People love living by the beach, so they build a beautiful home on a concrete slab, on top of the sand a few feet above sea level, and [ignore the fact] that the sea level is [rising]. So thinking about these slowly evolving long-term things, it is painful. It says, "Well, I might have to move my home. I really enjoy the beach," and we don't like to give those things up. Is this inability to think long term also true of organizations -corporations or government agencies? Yes. The equation for disaster is A+ B = C. A is natural hazards, things like hurricanes, gases and liquids under pressure that are extremely volatile. They're volcanoes. They're tsunamis. They're natural, and there's nothing unusual about them. Robert Bea helped investigate the 1988 Piper Alpha disaster, where an exploding oil platform killed 167 in the North Sea. Press Association/AP http:// discovermagazine.corn/2013/june/l 4-rnaster-of-disaster 7/29/2013 5-255 Master of Disaster I DiscoverMagazine.com Page 4 of6 B is organizational hazards: people and their hubris, their arrogance, their greed. The real killer is our indolence. So human error is the kindling that escalates a natural hazard - a hurricane, a tsunami, chemicals under pressure -into C, a catastrophic disaster. Can you give me some examples? Hurricane Ike. Galveston, Texas, got completely wiped out in 1900. Thousands of people got killed. So.the U.S. Army Corps of Engineers built a seawall on Galveston Island, and that sucker has gone through every major hurricane since 1900. But people think that if a storm hasn't happened since they lived there, somehow it can't happen to them. This is.where B comes in -the hubris and shortsightedness. Because a hurricane hadn't flattened the city in decades, civic leaders decided to let people build at sea level again. And when Hurricane Ike came through in 2008, it was just like Berlin at the end of the second world war. Everything was gone. Before Superstorm Sandy, I wrote that the subways were going to flood, but no one did anything. Mayor Bloomberg even hired some of my engineer friends from the Netherlands to come to New York City and advise him about building gates to cut off incoming hurricane surges. But here we're back to B -hubris and shortsightedness. People think because they've never seen a storm like what happened in New Jersey or they've never seen the tunnels flooded in New York City that it can't happen, or that they need to think about building a levee. When I lived in New Orleans, we lost everything in Hurricane Betsy [in 1965]: our house, wedding photographs, marriage license, birth certificates. Yet 40 years later, after Katrina, I go back to the same place. There's a new home built on the foundation, and the owners are dragging wet, oily mattresses out the front door. Luckily I had no one with me that morning, but I broke down and cried. It wasn't tears of sadness. It was tears of frustration at such a miserable, despicable mess. While we can't prevent disaster, we can do things that are more sensible to mitigate risks, like maybe not building homes in floodplains. But the cities are already there. Are you going to move entire cities? In some cases, yes. We did it in the Mississippi River Valley after the 1993 floods. We actually moved entire towns to higher ground, like Valmeyer, Ill., and Rhineland, Mo., because we suddenly http://discovermagazine.com/2013/june/l 4-master-of-disaster 7/29/2013 5-256 Master of Disaster I DiscoverMagazine.com Page 5 of6 recognized they'd rebuilt them five times in the same damn place. Doing it six times doesn't quite make sense. But there is not a "one size fits all" answer. In other cases, there are intermediate solutions that can work, such as occupying only what you can defend properly and in a sustainable manner. An example is the "new New Orleans," where parts of the city outside of the defended perimeter of the levee system can be expected to flood severely and frequently. Individuals there are building structures on higher ground and making them stronger, and preparing to take care of themselves in future storms. 1 of3 e Comment on this article http://discovermagazine.com/2013/june/14-mastet-of-disaster 7/29/2013 5-257 Master of Disaster J DiscoverMagazine.com <:header> <:nav id=global-nav> 2 comments New Comment SIGN !NWITH Discover e 0 0 • OR REGISTER WITH DiSQUS ? DISQUS is a conversation network Disqus never moderates or censors. The rules on this community are its own. Your email is safe with us. It's only used for moderation and optional notifications. Don't be a jerk or do anything illegal. Everything is easier that w . Best""' <:section id=conversation data-role="main" data-outbound-link="embed:comments"> Linda Jablonowski a month ago http://discovermagazine.com/2013/june/l 4-master-of-disaster Page 6 of6 0 7/29/2013 5-258 Kit Fox From: Sent: To: Janet Gunter <arriane5@aol.com> Thursday, June 27, 2013 5:29 PM MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; det31 O@juno.com; jody.james@sbcglobal.net; connie@rutter.us; marciesmiller@sbcglobal.net; dwgkaw@hotmail.com; igornla@cox.net; fbmjet@aol.com; owsqueen@yahoo.com; lljonesin33@yahoo.com; dan.weikel@latimes.com; paul_h_rosenberg@hotmail.com; stanley.mosler@cox.net; bonbon90731@gmail.com; dlrivera@prodigy.net; overbid2002 @yahoo.com; diananave@gmail.com; burling102@aol.com; pmwarren@cox.net; carriescoville@yahoo.com; chateau4us@att.net; Kit Fox; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; leneebilski@hotmail.com; mary _gligorov@yahoo.com; ksm ith@klct.com; robertrnch@aol .com; richard.vladovic@lausd.net; nancy.lauer@lapd.lacity.org; lisa.pinto@mail.house.gov; aaron.wilensky@mail.house.gov; lpryor@usc.edu; carl.southwell@gmail.com Subject: Fwd: Testimony of CSB Chairperson Before the U.S. Senate Committee on Environment and Public Works Wake up everybody!!! If Professor Bob Bea is concerned ... don't you think everybody should be?????!!! The "Premiere Authority" on Risk in the United States has confirmed that there is a serious problem in San Pedro with extraordinary risk exposure. Why is Rancho going to have to blow up before anyone responds to this flagrant hazard??!! Janet G -----Original Message----- From: Robert G. BEA <rgb251@berkeley.edu> To: Janet Gunter -San Pedro LPG Risk <arriane5@aol.com> Sent: Thu, Jun 27, 2013 2:49 pm Subject: Fwd: Fw: Testimony of CSB Chairperson Before the U.S. Senate Committee on Environment and Public Works " ... tragedies of the kind that should be prevented ... " ~ To view this message in a browser, please click here CLICK HERE to view the written statement CLICK HERE to view the CSB's preliminary findings BEGIN TESTIMONY Chairman Boxer, Senator Vitter, and distinguished Committee members -thank you for inviting me today. I am CSB Chairperson Rafael Moure-Eraso. The two explosions we are discussing today -West Fertilizer and Williams Olefins -are tragedies of the kind that should be prevented. The destruction I personally saw in West -the obliteration of homes, schools, and businesses by an ammonium 1 5-259 nitrate explosion -was almost beyond imagination. The loss of life was horrible. The CSB has determined that ammonium nitrate fertilizer storage falls under a patchwork of U.S. safety standards and guidance - a patchwork that has many large holes. These holes include: the use of combustible wooden buildings and wooden storage bins, sprinklers generally not required, and no federal, state, or local rules restricting the storage of large amounts of ammonium nitrate near homes, schools and hospitals. Voluntary fire codes have some useful provisions for ammonium nitrate. But Texas and most of its counties have no fire code. So at West, these fire code provisions were strictly voluntary, and West Fertilizer had not volunteered. Our investigators learned that combustible seeds were stored near the ammonium nitrate, not · separated by any fire-resistant partition. OSHA has some similar provisions for ammonium nitrate fertilizer in its Explosives standard, 1910.109. However, OSHA has not focused extensively on ammonium nitrate storage and hadn't inspected West since 1985. Other natiohs have gone much further than the U.S. on ammonium nitrate safety. The UK recommends dedicated, noncombustible storage buildings and noncombustible bins. The U.S. manufacturer, CF Industries, recommends the same and urges sprinklers as well. But the fertilizer industry tells us that U.S. sites commonly store ammonium nitrate in wooden buildings and bins - even near homes, schools, or other vulnerable facilities. This situation must be addressed. Preventing the risk of fire essentially eliminates the potential for an explosion like we saw in West, by removing one of the preconditions for detonation. Facilities like West fall outside existing federal process safety standards, which were developed in the 1990's and are list-based. Ammonium nitrate would likely have been included, if the EPA had adopted our 2002 recommendation to cover reactive chemicals under its Risk Management Program. But the modestly sized RMP program is no panacea; it already covers large refineries and petrochemical sites - including Williams Olefins -and yet we still see serious accidents. The Williams plant has over a hundred workers, producing ethylene and propylene. On June 13, there was a catastrophic failure involving a heat exchanger and associated piping which broke loose from a distillation tower. The ensuing explosion led to the deaths of two employees. We join in mourning their loss. It is too soon in our investigation to tell why the equipment failure occurred. The bigger picture in process safety is that EPA and OSHA resources are under duress. Regulations need to be modernized -but more inspection and prevention are needed as well. Meantime, we are finding encouraging alternatives to the current situation: Following the Chevron refinery fire last year, and acting upon CSB recommendations, California is poised to triple the number of dedicated process safety inspectors ... funded by industry fees. 2 5-260 Another promising approach is the 'safety case'-successfully used in other nations, which insurers say have much lower petrochemical accident rates than we do. Companies identify and commit to follow the best safety standards from around the world, subject to approval and oversight by a competent, well-funded regulator. Many experts believe this is the best safety regime for complex, technological industries, rather than the U.S. system which calls upon a prescriptive and often outdated rule book. Thank you again for the opportunity to testify today. END TESTIMONY Robert Bea Professor Emeritus Center for Catastrophic Risk Management University of California Berkeley Email: bea@ce.berkeley.edu Risk Assessment & Management Services 60 Shuey Drive Moraga, CA 94556 925-631-1587 (office) 925-699-3503 (cell) Email: BeaRAMS@gmail.com 3 5-261 Kit Fox From: Sent: To: Cc: Subject: Janet Gunter <arriane5@aol.com> Saturday, July 06, 2013 8:22 PM MrEnvirlaw@sbcglobal.net; det31 O@juno.com; jody.james@sbcglobal.net; connie@rutter.us; chateau4us@att.net; Kit Fox; burling102@aol.com; marciesmiller@sbcglobal.net; dwgkaw@hotmail.com; igornla@cox.net; fbmjet@aol.com; robertrnch@aol.com; bonbon90731@gmail.com; pmwarren@cox.net; ksmith@klct.com; kyle_ chapman@boxer.senate.gov; maurice _lyles@boxer.senate.gov; michael_ davies@feinstein.senate.gov; michael .picker@gov.ca.gov; lisa.pinto@mail.house.gov; aaron.wilensky@mail.house.gov; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol .com; goarlene@cox.net; leneebilski@hotmail.com bea@ce.berkeley.edu; lpryor@usc.edu; carl.southwell@gmail.com LPG Fires re: today's Canada rail explosion. Attention to 2nd link as it relates to the "domino effect" Remember that San Pedro's Rancho LPG LLC's 25 Million Gallons of Butane & 300,000 Gallons of Propane are surrounded on three sides by more jet propellants (in huge underground storage tanks across the street) at the Naval Fuel Depot (west) and a host of other types of oil and gasses (including additional butane) at the abutting Phillips 66 refinery (north). Let's not forget the full array of marine oil terminals within 1/2 mile (east) or the multitude of chemical and fuel pipelines running directly underneath the Rancho facility. The massive volume of butane and propane at this site is extraordinary .... and the geologic vulnerabilities along with the antiquated infrastructure make the Rancho facility a concern of great urgency. Not only would it annihilate people for miles, but decimate both ports of LA and Long Beach. See videos at these links: http://www.youtube.com/watch?v=nNY2YsVjcd4 http://www.youtube.com/watch?v=UFFDLk1 fXcU http://www.youtube.com/watch?v=Xf3WKTwHplU It's time to do something. Jiminy Cricket www.hazardsbegone.com 1 5-262 Kit Fox From: Sent: To: Subject: Attachments: Paul: Noel Weiss <noelweiss@ca.rr.com> Saturday, July 06, 2013 9:12 PM Paul Rosenberg; Janet Gunter; Anthony Patchett; Connie Rutter; Jody James; det310 @juno.com; June Smith; marciesmiller@sbcglobal.net; chateau4us@att.net; Peter M. Warren; hanslaetz@gmail.com; Kit Fox Re: LPG Railcar Explosion today in Canada National Fire Protection Association -2009 -Safe Tank Separation Requirements.pdf; Rancho -Revocable PERMIT _RP_ 10-05.o.pdf; Contra Costa County Risk Management Ordinance.o.pdf; Janice Hahn Motion on Rancho -September 14, 2010.pdf; RIGZONE - Alberta Government Charges Plains Midstream Over Oil Spill-April, 2013.pdf Thanks for the invite .... and thanks for the terrific and informed coverage from Random Lengths over the years .... I believe Paul that there are tank cars in varying numbers {I am not sure how many) that line up near the facility to receive (and possibly deliver) butane for transport ... This does raise an issue of infrastructure and the integrity of the rail spur owned by the Port and leased to Rancho (very, very cheaply ... possibly so cheaply that it represents a de facto subsidy by the Port to Rancho which would be a violation of the Tidelands Trust Doctrine which makes unlawful the use of tidelands trust monies and assets monies to benefit a private entity not part of the tidelands grant -which is the reason neither the Port revenues or the Airport revenues can be used for anything other than the operation and maintenance of the airport and the port (as the case may be)) .... I Who maintains the rail spur? Note that the permit says the Port can control what happens on the rail spur. . This language arguably is broad enough to include direction by the Board to Rancho on how Rancho operates the facility since what occurs in the facility impacts on the integrity of the rail spur (if Rancho ever 'blew', is there any doubt the rail spur would be destroyed or seriously damaged ... But the language is so incredibly poorly written, that needless confusion arises, which prejudices the people's safety, to say nothing of the Port's contractual rights ... Our (former) incompetent City Attorney in action .. The hope is now Paul that this Rail Spur Permit gets rewritten by someone who knows how to write a contract that protects the people, and includes a requirement that Rancho provide insurance and an indemnity to protect the Port, the City, and the people from all damages occasioned by the Rancho's operations ..... The kind of thing I am thinking of are things (beside insurance) such as: 1. Limiting the use of the tanks to just one tank instead of two until some kind of wall is built in front of the facility which makes it just a little more difficult for a terrorist to plug a bunch of high-powered bullets into the tanks from the street; 2. Requiring the tanks be separated by a safe distance, and controlling the amount of butane on-site to (say half) until the tanks are safely separated; 3. Including a provision in the contract that says that Rancho is strictly liable for all damages to the people, the Port, and the City occasioned by its operations .... period, end of story. 4. Rancho files with the Port and the City (with the right of public inspection) a clear, unambiguous Risk Management Program of the type contemplated by the Risk Management Ordinance enacted by Contra Costa County; 5. That the rent be raised to pay for the costs of bi-annual inspections whose results are open to the public; 6. That the lease incorporate any changes to existing laws passed by the City of Los Angeles .. and in the meantime, have Rancho fully comply with the provisions of the Contra Costa County Ordinance (which could be incorporated into the rail spur permit, plus provide an adequate amount of insurance ($1.5 Billion Minimum) to protect the people, the Port, and the City .... ; (Keep in mind Paul, that the permit is revocable without cause on 30 days notice .. so the Port and the City of LA could make these changes post-haste to take effect within 60-90 days, or else the permit would be terminated); 1 5-263 7. Clarify that the use of the rail spur tracks are to facilitate Rancho's business activities, clearly identified (storage, sale, and transport of butane and propane) ... the rail spur permit is unclear and ambiguous in this regard; 8. Clarify that it is Rancho who is to maintain the rail spur. ..... Because the permit is a 'form' document applied to buildings instead of rail spurs, the maintenance provisions are confusing and therefore ambiguous ... 9. Revise totally Paragraph 13 (which says that Rancho shall not permit hazardous materials to be used on the rail spur .. in quantities that would require reporting to the Feds or the State .. ) .Seems, therefore, on the face of it, that using the rail spur to transport butane would not be allowed under this language .. Of course, it is part of the incredibly poor lawyering done by the City Attorney's office who, of course, is completely conflicted out because the City Attorney represents conflicting sides .. The Port (against whom the City will have a claim if there ever is an explosion that necessitates police and fire) and the City (the Port has not agreed to indemnity and insure the City ... something the City should insist upon .. . . relying instead on Rancho's promise of indemnity .. backed by a small insurance policy. . . but in any event, the City has claims against the Port for the Port's negligent management of this rail spur permit. .. Being on both sides of this situation puts the City Attorney in an impossible ethical conflict which could be and should be obviated in the absence of a clear and informed waiver by the City Council and the Port .... a waiver which should never occur ... Trutanich and Delgadillo were either blind to this ethical slight or ignored it. . Meanwhile, the people are prejudiced and the City Attorney's fiduciary duties to the people violated (The fiduciary duties are borne out of the fact that the City of Los Angeles is a public trust, operated by the Trustee (the municipal corporation created by the Charter), for the benefit of the people, who are the beneficiaries of that public trust. .. That makes each City Council person, the Mayor, the City Attorney, and the Controller Trustees (or agents of the Trustee-Municipal Corporation) ... and as public Trustees of the public trust, they owe special fiduciary duties to the trust beneficiaries (in this case, us (we the people) .... So Mike Feurer needs to resign from representing the Port, who should retain its own council. .. The job of the City Attorney is not to run political interference for the Council or the Port Commissioners (or the Mayor) .. But to be a check and a balance on political excess, political favoritism, and crony-capitalist insider City Hall dealings .... If Feurer fails to do so, he is committing legal and political malpractice ... But regardless, this piece of garbage that masquerades as a legal contract (a permit) needs serious, serious revision to protect the people's interest. ... My contention is that Rancho is in violation of Paragraph 17 .. the use of this rail spur is not consistent with the Tidelands Trust Doctrine because the Port is making a gift of public assets to Rancho by leasing the rail spur for a pittance ($1187 per month -where they came up with that number. . who knows .. ) when the value is much, much more ... particularly when taking into account that the rail spur is the only way the butane gets to 'market', whatever that is ... . Which, by the way, leads to another avenue of inquiry Paul. .... With all of the new drilling and tracking going on, natural gasses (including butane) are in plentiful supply ... Meanwhile, the demand is down .. which means the price for butane is low .... It would appear, however, that Rancho may be gambling with the public safety by using this facility to speculate in the butane market. . by purchasing butane and storing it during the summer months (when the price is especially low), and then selling it at a profit during the winter months when demand picks up due to the requirement that butane be used as an additive in gasoline .... If true, this is 'rank' speculation on the backs of the people .. Given that accidents will happen (even when companies flush with bucks like Exxon Mobil, Chevron, and PG&E fail to spend what is necessary to properly maintain their facilities and pipelines) and Plains All America (which really owns Rancho) just had an oil spill in Alberta last month ... and a major pipeline leak two years ago, for which the government of Alberta is now going after it (seemingly) big-time for its rank obduracy in failing to be responsible and responsive to the core needs of the situation .... . it is reasonable to assume that some accident will occur at the facility .. and if it does, then the question to Rancho is: Why should the public bear the risk of loss from Rancho's operations? Is that fair? Is that right? Is that good public policy? The Port should use what leverage this rail spur permit gives it to insist on a much greater degree of safety .. .for the Port's own good and its own pocketbook, if for nothing else ..... That leads to a question of whether the Port is insured for the costs occasioned by an accident at the Rancho facility .. and if so, the Port needs to let us know what kind of insurance it has which covers its exposure .. which, by the way, includes exposure to the Citizens of Rancho Palos Verdes .... If the Port does not have insurance to cover its liability exposure, it needs to go out and get it (again, $1.5 Billion Minimum) and then charge Rancho for the cost. . and if Rancho can't pay, then Rancho needs to shut-down and the rail spur permit revoked ..... The Rail spur permit is so poorly written, that this issue is simply not clear ... So the core question for the Port is ... 'Why are you acting so incredibly recklessly in allowing Rancho to socialize the losses this way ... ? It is not a lawful expenditure of port funds or assets to allow a private enterprise like Rancho to exploit the people, the Port, and the City .. Frankly, apart from appearing reckless, the Port Commissioners and the 2 5-264 Executive Director look like idiots ... Who, in their right mind, would expose the Port, the People, and the City to this kind of risk .... "?Conoco may store 6 million gallons or butane on its property, but Conoco has its own fire department ... and while I haven't seen a picture of Conoco's facility, my guess is that those 6 million gallons are not concentrated in one tank .... but are probably split up among several tanks ... It just seems so incredibly reckless to allow such a large concentration of such a flammable gas like butane ..... at an exposed facility .. where there is no serious risk management program in place .. and where the public confronts the specter of having to pay for Rancho's negligence or a terrorist act. .. when both should be Rancho's responsibility ..... As currently written, the rail spur permit allows Rancho to privatize its gains while the losses are socialized on the people . . . . Not acceptable .... and it should not be allowed to continue ... Joe Busciano, where are you?\ The rail spur permit needs to clearly and unequivocally state that the losses are to be 'strictly' borne by Rancho ... not by the people, Rancho .. Not by the Port. . Rancho ... Not by the City ... But by Rancho ... Not by the People of Rancho Palos Verdes .. But by Rancho .... Another question: When was the last time the rail spur was inspected? Paragraph 16 of the Rail Spur Perm it does gives the Port the right to inspect the tanks .... Has the Port done so ... Ever? This clause is the one that could imposes on the Port liability to the City should there be a problem .. .If the Port fails to exercise the rights it has under the rail spur permit to inspect, then the Port would be negligent. ... If the City has to respond and expend resources in the process, then the Port should be liable to the City ... There should be some Memorandum of Understanding along those lines ... Is there? If not, why not? The Port should exercise the power it has under the rail spur permit (poorly written as it is), particularly now that Rancho has been cited by the EPA ...... In fact, the Port should send a letter to Rancho insisting on proof of adequate insurance, coupled with proof that Rancho has fully complied with the EPA mandate ... as well as all other Federal mandates .... This is an appropriate line of inquiry Paul directed to the Port .. Namely: "Have you?" The LA City Controller could subpoena all of this documentation under Section 217 of the City Charter .... including Rancho's insurance ... as part of an objective evaluation of the cost to the City of having to respond to an accident at Rancho (including the costs of having to reimburse the County Fire and Sheriff's Department, if any) ... Ditto the Mayor. . Ditto the Harbor Commission .. Ditto the City Council, the President of the City Council, and the Public Safety Committee . . So it is reasonable to ask these people why they are sitting on their hands ... Because Rancho says no, it will not provide the documents, or that they are proprietary? Are you kidding me? I don't recall any of these people running for office saying that if elected, they will let Rancho decide what is in the public interest. .... So now they are in power, it is not unreasonable to expect them to represent the broader public safety interest. . not Rancho's interest. . Rancho has its own lobbyists and lawyers .. Who has the public got? The elected trustees of the public trust which is the City of Los Angeles .... Time for them to do their job. So technically, the City of Los Angeles and the Port have the ability to protect the people ... until those tanks are eventually made to go ..... But have they done so? If not, it is time the people insist on openness, transparency, and action ... Paul, I don't believe Rancho can survive such scrutiny .... It needs to go .. The tanks need to go ... Meanwhile, the pressure needs to be maintained so the people are protected in the meantime .... Ask Joe Busciano why he has not re-introduced Janice Hahn's motion of September 14, 2010? (Copy enclosed) ... Ask Joe Busciano why he has refused to push his motions forward .. If they are bottled up in Committee, Rule 54 of the Council Rules empowers the full council to vote to bring them out of committee. Joe can fight much harder for the people here .... Ask Joe Busciano what is stopping him from pushing the LA City Council to pass a risk-management ordinance modeled off of the risk-management ordinance in force in Contra Costa County (and fully accepted by the refineries there .. particularly after the explosion at the Richmond refinery that occurred first in 1999, then in August, 2012 .... ? Ask Ron Galperin whether he will subpoena Rancho's insurance policy .. and the Port records of inspection of Rancho's tanks and operation? Ask Eric Garcetti whether he will use the subpoena power he has under Section 217 of the Charter to get Rancho's documents and insurance policy, and convene a task force to study and evaluate the risk? Ask the Port Commissioners why they don't commission an independent study of the risk and charge it to Rancho under the rail spur permit lease? 3 5-265 Ask Janice Hahn why she doesn't use her position as Co-Founder of the Port Caucus to hold a hearing of her Port Caucus (or members) on Rancho and Port Security at the Port .. at which the City officials can attend, along with EPA and DOT personnel (and Janice Hahn is also a member of the Transportation Committee of the House) ... On September 14,2010, Janice asked Jane Harman to step-up and provide assistance to the City in providing more vigorous enforcement of Rancho's operations .... Today, Janice sits where Jane sat. .. So the question to Janice is when she is going to pick up the (proverbial) 'phone call' she placed to Jane back in September, 2010, now that it is Janice on the receiving end ... Ask Henry Waxman whether he will join the Port Caucus and stand with the need to remove this blight on the public safety; or short of that, insist that Rancho cease using this business model of socializing the losses onto the people while it privatizes the gains .... Ask the Port Director what kind of insurance Rancho has submitted to the Port as part of the insurance and indemnity provisions of the rail spur permit (the figure of $1 Million is mentioned; but the permit gives the Director the discretion to ask for more ... Has she? If not, why not? If so, then the Port should produce the insurance in response to a public records request (which the City of Rancho Palos Verdes can make also .. and the rail spur permit can request that the City of Rancho Palos Verdes and its citizens be named additional insureds, along with the people of the City of Los Angeles .... and then raise the amount from $1 Million to $1.5 Billion ... ) .. Given the situation and the risks, the current conditions require greater insurance be mandated .. and if the Port fails to require it, then the Port stands exposed to liability .... That is an opinion I would hope to get (eventually) from the City Attorney of Rancho Palos Verdes (rendered at the request of the Council) ... armed with that opinion, I can then go to the City Attorney of Los Angeles, the City Council of Los Angeles, the Mayor, and the Controller in support of my advocacy for the passage of a Risk-Management Ordinance modeled after the Risk-Management Ordinance passed by the County of Contra Costa. Why did the Port not get Plains All-America to guarantee Rancho's performance under the rail spur permit? I'm not sure the Rail Spur Permit is even properly signed (I don't have the version which is stamped approved by the Board .. I assume one exists ... Perhaps you can check that out. .. ). But Rancho is stated to be a Delaware Limited Partnership located in Calgary, Alberta .... Yet the document is signed by some 'Vice-President' (actually someone for the Vice-President. . someone who we don't even know has the authority to sign .. or what is the entity on whose behalf he is signing .... The question is: "Vice President" of what? If Rancho is a Delaware limited partnership, then who is the general partner .. If it is a corporation, then who is the corporation? What are its assets? Rancho is said to be a subsidiary of Plains Mainstream Canada (the same entity that had the oil spill in May, 2013, and was responsible for the second largest oil pipeline spill in Alberta, Canada history in 2011 (see attached) and is now being charged by the Canadian authorities with failing to competently remediate the problems stemming from its negligence .. I don't know if these are civil or criminal charges .. But the point is that it is this same Canadian entity that owns Rancho that screwed up twice in the last two years in connection with their Canadian operations .. and has been cited now by the EPA. ... Meanwhile, Plains Mainstream Canada is a subsidiary of Plains All America ..... So who knows if the signature on the Rail Spur Permit is even correct. ... and really binds Rancho to anything (One wonders which entity actually pays the rent) ... So Paragraph 27 of the Rail Spur Permit has to be read in this context. . It says the permit is void if 25% of the shares of Rancho LPG Holdings, LLC are ever transferred .. Kind of touch to know when it is not clear the City ever took steps to find out precisely what is going on with Rancho's ownership .. But at a minimum, it would not be took much to ask that the rail spur permit be signed by the General Partner ... (It is also kind of funny that Rancho is identified as a 'Delaware Limited Partnership in the First Paragraph of the Rail Spur Permit), but is denominated with the letters 'LLC which usually refers to a 'limited liability corporation" .. So who knows what it is we are dealing with here .... The LA City Attorney approved the document as to form and content. .. but one has to ask .. What were they thinking? or Were they thinking? This whole thing almost has an Enron-like quality about it where some insiders at Plains All American set up this separate limited partnership to buy the facility and make some easy insider money for themselves by setting up this special limited purpose entity (be it an LLC (limited liability corporation) or Limited Partnership (LP) to own and operate the Rancho facility ... where they could make some easy cash by purchasing butane (and possibly propane) at low prices during the summer, and resell the product at higher prices during the winter months when demand tightens due to the need for butane as a gasoline additive ... Again Paul, this is worthy of some investigation .... because it is not right for the Port of Los Angeles to allow its property (the rail spur) to be used by a private company to speculate in the purchase, sale, or storage of butane .... Regardless, Rancho's ownership structure needs to be fully disclosed ... particularly given the risks inherent in the storage and transport of this concentrated quantity of butane .. In short, Paul, there is a lot that can be done here by an inquiring media type such as yourself ... Talents that simply are absent from the LA Times or the Daily News ..... 4 5-266 PAA {Plains All American) bonds are rated BBB+ ... Not great. ... So Plains is seriously leveraged .... How that impacts on whether Plains is going to spend all the money needed to safely operate this facility is an open question ... We need to find out. ... Rancho has a duty to this community ... and that duty entails more openness and transparency than has been exhibited to date .... If Rancho is storing butane for others at the site, I can assure you Paul that Rancho's storage contract with its customers has Rancho indemnifying and insuring them against all liability occasioned by Rancho's operations ... So if Rancho has to indemnity and insure its customers, Rancho can and should certainly indemnity and insure the people, the Port, and the City .... This issue of insurance may come to be relevant on the Keystone Pipeline issue .... There should be a requirement for the Keystone Pipeline, if it is approved ... that the operator assume strict liability for all spills or damages flowing from its operation, and that adequate insurance be in place to protect the people ... If there is not a market for insurance, then the Federal Government should provide it, subject to strict requirements of safety .. which could include a requirement that the company abide by risk management laws enacted in the local jurisdictions through which the pipeline will flow .. .If that can't be done .. then no pipeline ... If such a provision were enacted pertaining to Rancho, then the City of LA could pass a risk-management ordinance modeled after the Contra-Costa County Ordinance ... an ordinance which Senator Boxer praised in the hearings she held last month on the Texas fertilizer plant explosion and the Chemical Plan explosion in Louisiana .... Meanwhile, speak to the members of the Rancho Palos Verdes City Council. . Mayor Susan Brooks sent letters to Janice Hahn, Henry Waxman, and Joe Busciano asking them to advise what they are doing about Rancho .. and in the case of Joe Busciano, why the City of LA is not applying for HAZ-Mat (Hazardous Materials) Funding Grants from the State which will assist in the ability of the fire department to keep people safe .. If Joe can't see his way clear to even do that, what is he doing on the City Council? .. A nice smile can only get one so far ... In this case, the people need some tangible action and some tangible results .. so far, neither of which have been forthcoming .... So I am counting on the City of Rancho Palos Verdes to provide a kick-start to this process .... the 'spark' (no pun intended} to ignite action ... all eventually leading to at a minimum, a safer facility, the passage by the City of Los Angeles of a competent risk-management ordinance, and our political leaders (Joe Busciano, Janice Hahn, and Henry Waxman) truly stepping up and fulfilling their duties to the people .... If Rancho can't hack it, then Rancho has to leave ... Abiding such a reckless situation is poor public policy .... Failing to even discuss it, and thereby allowing Rancho to hide behind lobbyists or politicians who spike public discussion of the issue is morally corrupt. ... Joe Busciano is paid a lot of money .. over $200K in cash and non-cash benefits ... He is not paid to simply smile .. He is paid to act as a co-public trustee of the public trust which is the City of Los Angeles . . . In that capacity he has a fiduciary duty to the people ... It is time he take that responsibility seriously ... Thanks again Paul for your continuing interest in Rancho .... My confidence now rests with the RPV City Council to help us all 'jump-start' this process .... Hopefully by one or more formal resolutions asking Joe Busciano, Janice Hahn, and Henry Waxman to report personally to the Council .. along with eventually procuring an opinion from the Rancho Palos Verdes City Attorney on the legal liabilities attendant to this situation which run in favor of RPV and its citizens and against the Port and the City of Los Angeles -an opinion I can then take to the LA City Attorney and the City Council as part of the effort to 'shame' the City of Los Angeles into being much more pro-active in protecting the broader public interest instead of Rancho's narrow private interest. Once that happens, I expect Joe Busciano and Janice Hahn to move .... and I will insist that the new Controller, the new City Attorney, and the new Mayor aggressively join the effort. I also hope and expect this process can and will be facilitated by serious, well-directed, and thoughtful public participation from RPV residents and from City of Los Angeles residents .. working together for the collective good ..... reflective of the kind of citizen action that makes our democracy 'hum' and our Country special. .. true political empowerment of the people to make the system work as it should. 5 5-267 Noel (310) 822-0239 From: Paul Rosenberg Sent: Saturday, July 06, 2013 4:02 PM To: Janet Gunter ; Anthony Patchett ; Connie Rutter ; Jody James ; det310@juno.com ; June Smith ; marciesmiller@sbcglobal.net; chateau4us@att.net; Peter M. Warren; hanslaetz@gmail.com; kitf@rpv.com; noelweiss@ca. rr .com Subject: RE: LPG Railcar Explosion today in Canada Comments, anyone? Random Lengths will at least do a news brief on this. But I'd like to have folks thoughts, whether or not we can go to press with them right now. Obviously our ongoing coverage of Rancho LPG will continue. Paul Rosenberg @PaulHRosenberg Columnist Al Jazeera English http://www.aljazeera.com/indepth/opinion/profile/paul-rosenberg.html Senior Editor Random Lengths News http:Uwww.randomlengthsnews.com To: MrEnvirlaw@sbcglobal.net; connie@rutter.us; jody.james@sbcglobal.net; det310@juno.com; burling102@aol.com; marciesmiller@sbcglobal.net; chateau4us@att.net; pmwarren@cox.net; hanslaetz@gmail.com; kitf@rpv.com; noelweiss@ca.rr.com Subject: LPG Railcar Explosion today in Canada From: arrianeS@aol.com Date: Sat, 6 Jul 2013 12:56:44 -0400 http://www.yalibnan.com/2013/07/06/several-missing-after-rail-tanker-cars-explode-in-canada/ 6 5-268 Kit Fox From: Sent: To: Subject: Janet Gunter <arriane5@aol.com> Tuesday, July 16, 2013 12:20 PM MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; connie@rutter.us; jody.james@sbcglobal.net; chateau4us@att.net; Kit Fox; igornla@cox.net; dwgkaw@hotmail.com; fbmjet@aol.com; mandm8602@att.net; dlrivera@prodigy.net; peter.burmeister@sbcglobal.net; pmwarren@cox.net; burling102@aol.com; marciesmiller@sbcglobal.net; guillermovillagran@sbcglobal.net; ruboysen@aol.com; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; leneebilski@hotmail.com; lljonesin33@yahoo.com IMPORTANT CONNECTION TO RANCHO LPG ... Action on Refinery Safety ...... see link http ://W'Ww. dai lybreeze. com/news/ci 236641 07 /californ ia-panel-u rges-stri ngent-refi nerv-safety-oversig ht-after 1 5-269 California panel urges stringent refinery safety oversight after Richmond Chevron fire - T ... Page 1 of 2 California panel urges stringent refinery safety oversight after Richmond Chevron fire By Robert Rogers, Contra Costa Times Daily Breeze Posted: DailyBreeze.com RICHMOND -A state panel convened in the wake of last year's Chevron refinery fire has recommended the creation of a refinery safety task force, with broad powers to impose stiffer penalties and improve air-quality monitoring standards. A report released last week by the lnteragency Working Group on Refinery Safety, a panel formed by Gov. Jerry Brown in response to the Aug. 6 fire, recommended that existing regulators work together under a single task force that would be created within the California Environmental Protection Agency by Sept. 1. Known a~ the lnteragency Refinery Task Force, it would bring together the work of all the state agencies with a role in regulating refinery operations and ensure they all freely share and have access to the same information. The task force would have greater control over penalties related to refinery accidents and develop a real-time, air-quality monitoring system. The report states personnel at Chevron's El Segundo refinery, a near duplicate of the northern facility, found "significant thinning" in piping in a crude unit --which is where the failure occurred in Richmond. Workers made upgrades with what were deemed to be safer construction materials. The U.S. Chemical Safety Board conducted a lengthy investigation into the Richmond fire and released a preliminary report earlier this year blaming the blaze on a badly corroded pipe that should have been replaced and warned of ongoing safety shortcomings at the aging refinery. Chairman Rafael Moure-Eraso hailed the working group's findings. "This report represents an important step forward in improving oil refinery safety and environmental performance both in California and nationally," Moure-Eraso said in a statement. " ... Not only are more preventive inspections by highly competent inspectors needed, but more rigorous major accident prevention requirements are necessary as well." Chevron referred questions about the state report to the Western States Petroleum Association, an industry group that represents refineries in six states, including 11 in California. Association President Catherine Reheis-Boyd said the group has worked alongside the governor's office and other regulators and is "committed to the ongoing work of refinery safety." Reheis-Boyd said she welcomes the call for additional inspectors, paid for by fees levied on refineries. http://www.dailybreeze.com/news/ci_ 23664107 /califomia-panel-urges-stringent-refinery-s. .. 712912013 5-270 California panel urges stringent refinery safety oversight after Richmond Chevron fire -T... Page 2 of2 "It's clear that there needs to be better coordination among (regulatory) agencies," Reheis- Boyd said. "That's an essential element" to reform. Of the recommendation for stiffer fines and penalties on refineries, Reheis-Boyd said, "We just want to make sure it's fair and representative of whatever has occurred." Chevron has said repeatedly in recent months that it welcomes the scrutiny after the fire and looks forward to working with regulators and government officials to enhance safety and prevent future accidents. Federal, state and local officials all have weighed in recently on the need for stronger refinery regulations and oversight. At Richmond City Hall on Thursday, the Planning Commission unanimously passed a resolution calling for city inspectors to declare the Chevron refinery a "dangerous building" and to use powers under the city charter to more aggressively regulate and inspect the 2,900-acre facility. "There is additional corrosion all over the refinery," said Roger Lin, an attorney for Communities for a Better Environment, a local activist group. "We are concerned the refinery could explode any day." Chevron spokeswoman Melissa Ritchie said the company is opposed to the resolution. Andres Soto of Communities for a Better Environment said it is time for "local bureaucrats to stop dragging their feet" and use their powers to impose greater scrutiny on the refinery. The state report gives a grim view of refinery safety in California that "raises significant issues relevant to the state's other 14 refineries." Calls Monday to Chevron's El Segundo refinery were not immediately returned.Staff writer Kristin S. Agostoni contributed to this report. http://www.dailybreeze.com/news/ci_23664107 /califomia-panel-urges-stringent-refinery-s. .. 712912013 5-271 Kit Fox From: Sent: To: Subject: Janet Gunter <arriane5@aol.com> Friday, July 19, 2013 11 :21 AM MrEnvirlaw@sbcglobal.net; noelweiss@ca.rr.com; jody.james@sbcglobal.net; connie@rutter.us; det310@juno.com; chateau4us@att.net; Kit Fox; kyle_ chapman@boxer.senate.org; maurice _lyles@boxer.senate.gov; lisa.pinto@mail.house.gov; aaron.wilensky@mail.house.gov; elise.swanson@mail.house.gov; michael.picker@gov.ca.gov; dan.tillema@csb.gov; don.holmstrom@csb.gov; Beth.Rosenberg@csb.gov; Rafael.Moure-Eraso@csb.gov; Mark.Griffon@csb.gov; lpryor@usc.edu; earl .southwell@gmail.com; burling 102@aol.com; marciesmiller@sbcglobal.net; pmwarren@cox.net; mandm8602@att.net; dlrivera@prodigy.net; peter.burmeister@sbcglobal.net; Zenponee@aol.com; tdramsay@gmail.com; igornla@cox.net; dwgkaw@hotmail.com; jacob.haik@lacity.org; john@nrcwater.com; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; leneebilski@hotmail.com; claudia.r.mcculloch@gmail.com; bonbon90731@gmail.com; fmillar@erols.com; Betwixt1@yahoo.com; bmsacks@gmail.com RL report on Disaster in Quebec and relevance to San Pedro's Rancho LPG Storage facility. & Sen. Boxer Cut and paste into your browser for article http://issuu.com/randomlengthsnews/docs/rln 07-11-13 edition/7?e=4576045/4004393 Turn top. 6. 1 5-272 ISSUU -Rln 07 11 13 edition by Random Lengths News Page 6 of63 The !nside Scoop On Going Nude This Summer 20'13 L SET RET=ON RA::irl now @PJL SET ECONOMODE=OFF @PJL SET TRA Yl TEMP= NORMAL @PJL SET RESOLUTION=60 http://issuu.com/randomlengthsnews/docs/rln _ 07-1 l-13 _ edition/7?e=4576045/4004393 7/29/2013 5-273 Kit Fox From: Sent: To: Cc: Subject: Fred Millar <fmillarfoe@gmail.com> Friday, July 19, 2013 12:17 PM Janet Gunter AGPatchett .; noelweiss@ca.rr.com; Jody James; connie@rutter.us; det310@juno.com; chateau4us@att.net; Kit Fox; kyle_chapman@boxer.senate.org; maurice_lyles@boxer.senate.gov; lisa.pinto@mail.house.gov; aaron.wilensky@mail.house.gov; elise.swanson@mail.house.gov; michael.picker@gov.ca.gov; dan.tillema@csb.gov; Don. Holmstrom; Beth.Rosenberg@csb.gov; Rafael. Moure-Eraso; Mark. Griffon; lpryor@usc.edu; earl .southwell@gmail.com; burling 102@aol.com; marciesm iller@sbcglobal.net; pmwarren@cox.net; mandm8602@att.net; dlrivera@prodigy.net; peter.burmeister@sbcglobal.net; Zenponee@aol .com; tdramsay@gmail.com; igornla@cox.net; dwgkaw@hotmail.com; jacob.haik@lacity.org; john@nrcwater.com; lhermanpg@cox.net; pjwrome@yahoo.com; katyw@pacbell.net; jwebb@usc.edu; c.jjkondon@earthlink.net; rcraemer@aol.com; goarlene@cox.net; leneebilski@hotmail.com; claudia.r.mcculloch@gmail.com; bonbon90731@gmail.com; Fmillar@Erols. Com; Betwixt1 @yahoo.com; bmsacks@gmail.com Re: RL report on Disaster in Quebec and relevance to San Pedro's Rancho LPG Storage facility. & Sen. Boxer You all might have noticed that the owner of the est, TX fertilizer plant whose Ammonium Nitrate blew up, killing 15 including all 12 firefighters who responded, had only $1million in insurance for the disaster costing an estimated $100 million in property damage alone. No state or local agency has info on how much insurance your butane facility has? Fred On Fri, Jul 19, 2013 at 2:20 PM, Janet Gunter <arriane5@aol.com> wrote: Cut and paste into your browser for article http://issuu.com/randomlengthsnews/docs/rln 07-11-13 edition/7?e=4576045/4004393 Turn top. 6. Fred Millar 915 S. Buchanan St No. 29 Arlington VA 22204 703-979-9191 1 5-274 Kit Fox From: Sent: To: Cc: Subject: Attachments: San Pedro Peninsula Homeowners United <sphomeunited@gmail.com> Sunday, July 28, 2013 12:47 PM lisa.pinto@mail.house.gov; aaron.wilensky@mail.house.gov; elise.swanson@mail.house.gov; hamilton cloud; jacob.haik@lacity.org; helmlinger.andrew@epa.gov; mary wesling; kyle_chapman@boxer.senate.gov; maurice_lyles@boxer.senate.gov; michael davies; Kit Fox; jeanne lacomb; norma fassler-katz; jim.clark@lacity.org; jcynthiaperry@aol.com; dan tillema (chemical safety board); don.holmstrom@csb.gov; blumenfeld.jared@epa.gov; The.Secretary@hq.doe.gov; sally magnani; jennifer.lucchesi@slc.ca.gov; Beth.Rosenberg@csb.gov; Raphael.Moure-Eraso@csb.gov; Mark.Griffon@csb.gov mrenvirlaw@sbc.global.net; noel weiss; Bonnie Christensen; richard.vladovic@lausd.net; cynthia gonyea; Diana Nave; lljonesin33@yahoo.com; pmwarren@cox.net; richard.havenick@cox.net; john miller; Kathleen Woodfield; Guillermo Villagran; peter.burmeister@sbcglobal.net; david rivera; Carl Southwell; lawrence pryor; Jody James; June Smith; marcie miller Fwd: Letter to email to legislators .... spphuranchobeareferraljuly2013sig.doc We are currently in possession of de-classified documents from the Nixon administration that reveal the emphasis placed on the introduction of the Petrolane/Amerigas/Rancho Liquid Petroleum Gas facility. These documents help to explain why the facility was allowed to escape a proper review process and receive exemptions making its installation possible in the early 70's. The existence of this facility and the elevated threat that it represents is unacceptible to the public and to the safety of the Ports of LA & Long Beach. This attached letter was written prior to receipt of these documents. Obviously, it is a very reasonable request. We urge all government officials copied on this letter to use their influence to address this crucial issue. Thank you. 1 5-275 San Pedro Peninsula Homeowners United, Inc. July 21, 2013 Ron Conrow Western District Manager Plains LPG Service, LP 19430 Beech Ave. Shafter, CA 93263 Post Office Box 6455, San Pedro, CA 90734 Email: sphomeunited@gmail.com -Fax (310) 548-4255 RE: REQUEST THAT RANCHO LPG/PLAINS ALL AMERICAN PIPELINE EMPLOY THE EXPERT ADVICE OF PROFESSOR BOB BEA IN DEVELOPING A PROBABALISTIC RISK ASSESSMENT AND MANAGEMENT PROCESSES ON RANCHO LPG FACILITY, SAN PEDRO Dear Mr. Armstrong: Your company and its subsidiary, Rancho LPG LLC, have been adamant in your consistent position that Rancho LPG poses no real threat to the safety of the adjacent residents and Ports of LA and Long Beach. Professor Bob Bea, at UC Berkeley, is recognized as the pre-eminent authority on risk in the USA. Therefore, it would seem a prudent, wise and cost effective decision by Plains All American Pipeline to engage in a "comprehensive risk analysis" and "probabilistic risk assessment" utilizing a team of qualified professionals while engaging Professor Bea in an advisory capacity. Given the authoritative credentials of Professor Bea, his participation in establishing your facility's safety would go a long way to assure the public and allow the business of Rancho to move forward unimpeded by nervous homeowners and citizens of other local municipalities. While Professor Bea has reviewed some details of your LPG operation, we would encourage your company to solicit his recommendation of analysis so that all details of the operation can be more fully examined and your claims of Rancho LPG's safety proven. The federal Chemical Safety Commission and Senator Barbara Boxer have recognized the flagrant deficiencies in refinery and chemical storage operations that have led up to the devastating events of San Bruno, Richmond, West, Texas, and Louisiana. Your own Plains Mid-Stream Canada pipeline spill in 2011 in Alberta (one of the worst spills on record) has added significantly to the existing trepidation of your operation. 5-276 Great effort is now being focused on what can and should be done to "prevent" these catastrophes that have been and "are" entirely preventable. US Chemical Safety Commissioner Moure-Eraso said in a recent statement, " Not only are more preventive inspections by highly competent inspectors needed, but more rigorous major accident prevention requirements are necessary as well." Engaging in this comprehensive risk analysis with Professor Bea's assistance would certainly help the neighbors in and around Rancho LPG, who have long feared for their safety, develop the sense that your company is not ambivalent to their very real concerns. This Study would be a gesture of great importance that could underscore a commitment by your company to the safety of the general public. We sincerely hope that you will follow through with this recommendation and contact Professor Bea soon in the best interest of all involved parties. Respectfully, . Chuck Hart President 5-277 Notice of FPEIR for Port Master Plan Update 5-278 IA THE PORT OF LOI ANGILll 425 S. Palos Verdes street Poat Office Box 151 San Pedro, CA 90733-0161 TEUTDD 310 SEA-PORT www.portolloaangeles.org Antonio R. Vlllaralgosa ! Mayor. City of Los Angs/es Board of Halbor 'I; Cindy Mllclkowlkl David Allan Commlnloners President Vice President Geraldine Knalz, Ph.D. Executive D/r80tor Robin M. Kramer Douglas P. Krause SUng Won Sohn, Ph.D. July 24, 2013 SUBJECT: TRANSMITTAL OF THE FINAL PROGRAM ENVIRONMENTAL IMPACT REPORT FOR THE PORT OF LOS ANGELES MASTER PLAN UPDATE (SCH NO. 2012071081) The City of Los Angeles Harbor Department (LAHD) has released the Final Program Environmental Impact Report (PEIR) for the following project in the Port of Los Angeles (Port): Port of Los Angeles Master Plan Update The Final PEIR includes responses to comments on the Draft PElR, as well as changes made to the document. The Board of Harbor Commissioners (Board) is scheduled to consider certification of the Final PEIR at 8:30 am on August 8, 2013 at the Port of Los Angeles, Administration Building, Board Hearing Room located at 425 South Palos Verdes Street, in San Pedro. In accordance with California Public Resources Code Section 21092.5, written responses to comments received by public agencies have been provided to those agencies at least 1 O days prior to the Board's consideration of whether to certify t!ie Final PEI R. A copy of the Final PEIR is attached or available for review at: Los Angeles Public Library, Central Branch, 630 W. 5th Street, Los Angeles, California 90071; Los Angeles Public Library, San Pedro Branch, 931 South Gaffey Street, San Pedro, Califomia-90731; Los Angeles Public Library, Wilmington Branch, 1300 North Avalon, Wilmington, California 90744; and the LAHD Environmental Management Division, 222 W. 6th Street, San Pedro, California 90731. The Final PEIR is also available on the Port website: http://www.portoflosangeles.org. For additional information, please· contact James Bahng, CEQA Project Manager at (31 O) 732· 3675. CHRISTOPHER CANNON Director of Environmental Management CC:JB:yo ADP No.: 110518-060 5-279 Excerpts from FPEIR and Port Master Plan Update: Introduction 5-280 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1.1 1.2 INTRODUCTION Final Program EIR Organization A Draft Program Environmental Impact Report (PEIR) was prepared and circulated for public comment to evaluate environmental impacts related to the Port of Los Angeles (Port) Master Plan Update (PMPU or proposed Program). The Draft PEIR analyzed potential environmental impacts from a Port-wide perspective that is programmatic in nature. Project-specific analysis would be undertaken in environmental documents prepared when the proposed appealable/fill projects are initiated and carried forward for environmental review. The PMPU serves as a long-range plan to establish policies and guidelines for future development at the Port, located in San Pedro Bay approximately 20 miles south of downtown Los Angeles. The PMPU focuses on the portion of the Port that is within the coastal zone (i.e., the Port's coastal zone boundary), as required under the California Coastal Act (CCA). In general, the PMPU area is bounded by the community of Wilmington to the north, lands surrounding the Consolidated Slip to the northeast, the City of Los Angeles boundary and lands surrounding the Cerritos Channel to the east, the Pacific Ocean to the south, and the community of San Pedro to the west. This chapter presents background and introductory information for the proposed Program. The proposed Program is described in detail along with a brief summary of general changes and modifications made to the Draft PEIR. Chapter 2.0, Response to Comments, presents information regarding the distribution of and comments on the Draft PEIR, and responses to those comments. Chapter 3.0, Modifications to the Draft Program Environmental Impact Report (EIR), presents the modifications to the Draft PEIR. This Final PEIR has been prepared in accordance with the requirements of the California Environmental Quality Act (CEQA) (Public Resource Code [PRC] Section 21000 et seq.) and State CEQA Guidelines (California Code of Regulations [CCR] Title 14, Section 15000 et seq.). The Los Angeles Harbor Department (LARD) is the lead agency. CEQA Review Process Preparation of the PEIR began in July 2012 with the publication of the Notice of Preparation (NOP) and will conclude with the consideration of the City of Los Angeles Board of Harbor Commissioners (Board) to certify the Final PEIR, which is W™~Mi~ !t!@lilMl~ilMl!M1Ml!tml!llirtWllMilml!lli1l!!!lttRfll!illlfl!lll1i!llll!illl?'t~~-%3 ml!ll!l!illlJl!illlJk~~ Port of Los Angeles Master Plan Update 1-1 Final Program Environmental Impact Report 5-281 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 1.2.1 1.2.2 1.2.3 1.0 Introduction anticipated to occur in July 2013. The following describes the environmental review process that LARD has undertaken for the proposed Program. Notice of Preparation and Scoping Process On July 26, 2012, the LARD issued a NOP and Initial Study (IS) to inform responsible and trustee agencies, public agencies, and the public that the LARD was preparing a PEIR. for the proposed Program, pursuant to CEQA. The NOP/IS (State Clearinghouse Number 2012071081) was circulated for a 30-day comment period from July 26, 2012 to August 24, 2012, to neighboring jurisdictions, responsible agencies, other public agencies, and interested individuals in order to solicit input on the scope of the environmental analysis to be included in the PEIR. The LARD held a public scoping meeting on August 14, 2012. A total of two individuals commented at the meeting, and twenty comment letters were received during the public comment period. Table 1.6-1 in Draft PEIR. Section 1.6, Scope and Content of the Draft Program EIR., presents a summary of the key comments received during the NOP/IS public comment period. The NOP/IS and public comment letters received are included in Appendix B of the Draft PEIR.. Draft Program EIR and Public Review The Draft PEIR. was released for public review on February 21, 2013 for a 45-day public review period, which ended on April 8, 2013. Copies of the Draft PEIR. were distributed to various government agencies, organizations, individuals, and Port tenants. The Draft PEIR. was also available for public review on the LARD website and at the LARD Environmental Management Division, Los Angeles Public Library Central Branch, Los Angeles Public Library San Pedro Branch, and Los Angeles Public Library Wilmington Branch. LARD conducted a public hearing regarding the Draft PEIR. on March 13, 2013 to provide an overview of the proposed Program and alternatives and accept public comments on the Draft PEIR. A total of 8 individuals commented at the meeting and 3 comment cards were received during the public hearing. LARD received a total of 28 comment letters during the public comment period. Final Program EIR and Certification This Final PEIR. has been provided to the public for review, comment, and participation in the planning process. This Final PEIR. is being distributed to provide the basis for decision making by the lead agency. Should the Board decide to approve the proposed Program, it will adopt Findings of Fact to support a decision on the PMPU (PRC Section 21081 and CEQA Guidelines Section 15091). Additionally, because the PEIR. identified significant and unavoidable impacts, the Board will consider a Statement of Overriding Considerations, which finds that specific overriding economic, legal, social, technological, or other benefits of the proposed Program outweigh the unavoidable adverse environmental effects (PRC Section 21081[b]; 14 CCR15093). Since the PEIR. identified mitigation measures to reduce certain environmental impacts, the Board must also adopt a mitigation monitoring and reporting program (MMRP). !illill!lll!illill!lll!illill!lll!illill!lll&llll~iMllllti!£illlllMlllld!illill!lll!illill!lll11ilil!iiii!illill!lll!illill!lll!illill!lll!illill!lll!illill!lllllllP@llll9WJq&.llllbkllll&a.!illill!lllWllllJ~Wllll&,lt@lllJ&ll!li~-~OOIHWtwt t ®~i!H!l Port of Los Angeles Master Plan Update ll!li!!!!!i!l~'i 1-2 Final Program Environmental Impact Report 5-282 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 1.3 1.3.1 1.3.2 I. 0 Introduction Existing Environmental Setting Regional Setting The Port is located at the southernmost end of the City of Los Angeles and comprises 43 miles of waterfront and 7,500 acres ofland and water, with approximately 300 commercial berths. The Port is approximately 23 miles south of downtown Los Angeles and is surrounded by the community of San Pedro to the west, the Wilmington community to the north, the Port of Long Beach to the east, and the Pacific Ocean to the south (Figure 1.3-1). The Port is an area of mixed uses that support various maritime-related activities. Port operations are predominantly centered on cargo shipping activities, including containerized, break bulk, dry bulk, liquid bulk, auto, and intermodal rail shipping; in 2011 the Port was the nation's largest seaport approximately 3,950 recreational vessels, 150 commercial fishing boats, 35 miscellaneous small service craft, and 15 charter vessels that handle sport fishing and harbor cruises. The Port has retail shops and restaurants, primarily along the west side of the Main Channel. It also has recreation, community, and educational facilities, such as a public swimming beach, Cabrillo Beach Youth Waterfront Sports Center, the Cabrillo Marine Aquarium, the Los Angeles Maritime Museum, 22nd Street Park, and the Wilmington Waterfront Park, by cargo volume. In addition to the large shipping industry at the Port, there is a cruise ship industry and a commercial fishing fleet. The Port also accommodates boat repair yards and provides slips for slips for approximately 3,950 recreational vessels, 150 commercial fishing boats, 35 miscellaneous small service craft, and 15 charter vessels that handle sport fishing and harbor cruises. The Port has retail shops and restaurants, primarily along the west side of the Main Channel. It also has recreation, community, and educational facilities, such as a public swimming beach, Cabrillo Beach Youth Waterfront Sports Center, the Cabrillo Marine Aquarium, the Los Angeles Maritime Museum, 22nd Street Park, and the Wilmington Waterfront Park. Program Setting The PMPU area includes the entire Port boundary that lies within the coastal zone (i.e., the Port's coastal zone boundary). In general, the PMPU area is bounded by the community of Wilmington to the north, lands surrounding the Consolidated Slip to the northeast, the City of Los Angeles boundary and lands surrounding the Cerritos Channel to the east, Los Angeles Harbor to the south, and the community of San Pedro to the west (Figure 1.3-1). The existing Port Master Plan (PMP) divides the Port into nine planning areas (Figure 1.3-2), as described in Sections 1.3.2.1-1.3.2.9, and allows a variety ofland uses within each planning area (Tables 1.3-1 and 1.3-2). iiiii!i! lllll\IM!ll -.iiilliiiilli~~ll!!i!!i!ll!!llliil1ililll!lllilll!lllllll!!i!ll!--!i!l'i!!i!l'i!l!ll!.illl!lllllilll!lllll!l!lill!!i!Wii--~li!.'il(lll!iilil!'Jil!i!"%'i!i!ll!!i!ll!!i!ll!!l!liiIBll!!i!1 ----!i!ll!!l!lill!!!l!li!i!ll!!i!iIBliIBlililillllii!i!!i!iIBI~ Port of Los Angeles Master Plan Update 1-3 Final Program Environmental Impact Report 5-283 Los Figure l.3-1. Regional Location Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-4 5-284 Los J<"igare l.3~2. Existing PMP Planning Areas Port of Los Angeles Master Plan Update Final Program Environmental Impact Report I. 0 Introduction Planning Areas Coastal Zone t Boundary 9{, F tu; e==r.o I Smm:e: PortofLosAngdes2012 A 1-5 5-285 2 3 4 5 6 7 8 9 10 11 Los 1.0 introduction Table 1.3-1. Existing PMP Planning Areas and Allowable Land Uses Planning Area Land Uses Allowed 1 Recreation, Industrial (light), Liquid Bulk, General Cargo, Other 2 General Cargo, Liquid Bulk, Dry Bulk, Commercial Fishing, Commercial, Recreation, Institutional, Industrial, Other 3 General Cargo, Liquid Bulk, Commercial, Institutional, Industrial, Other 4 General Cargo, Liquid Bulk, Industrial, Other 5 General Cargo, Liquid Bulk, Other Liquid Bulk, Dry Bulk, Commercial Fishing, Commercial*, Recreational*, Institutional, Industrial, Other 6 Recreation, Liouid Bulk, Other 7 General Cargo, Liquid Bulk, Dry Bulk, Commercial Fishing, Institutional, Industrial, Other 8 General Cargo*, Drv Bulk*, Commercial Fishing, Recreation, Industrial, Liquid Bulk, Other 9 General Cargo, Liquid Bulk*, Dry Bulk, Commercial Fishing*, Institutional, Industrial, Other Note: *Indicates allowed land uses based on PMP Amendments. Table 1.3-2. Existing PMP Land Use Definitions General Cargo Liquid Bulk Other Liquid Bulk Dry Bulk Commercial Fishing Recreational Industrial Institutional Commercial Other 1.3.2.1 1.3.2.2 Generally including container, unit, break bulk, neo bulk, and passenger facilities. Comnrising crude oil, petroleum products, petrochemical products, chemicals, and allied products. Comprising molasses, animal oils, and fats and vegetable oils. Comprising metallic ores, some nonmetallic minerals, coal, chemicals, and allied products, primarily metal products, waste and scrap materials, and grains. Generally relating to the commercial fishing industry, including commercial fishing docks, fish canneries, fish waste treatment facilities, fish markets, and commercial fishing berthing areas. Uses include water-oriented parks, marinas, and related facilities, small craft launching ramps, museums, youth camping and water-oriented facilities, public beaches, public fishing piers, and sports fishing. Uses include shipbuilding/yard/repair facilities, light manufacturing/industrial activities, and ocean resource-oriented industries. Uses pertain to those lands that are either owned or leased by institutions of federal, state, or city governments. Uses include restaurants, tourist attractions, Ports O'Call office facilities, and retail activities. Uses include some vacant land, proposed acquisitions; rights of way for rail, utilities, and roads; and areas not designated for a specific short-term use. Planning Area 1 (West Channel/Cabrillo Beach) Planning Area 1 (West Channel/Cabrillo Beach) is located in the southwestern portion of the Port and encompasses approximately 110 acres. This area is generally designated for marine-oriented recreation activities. Existing land uses within Planning Area 1 include recreation, open space, commercial, institutional, and vacant lands (Figure 1.3-3). Planning Area 2 (West Bank) Planning Area 2 (West Bank) is located west of the Los Angeles Harbor Main Channel and south of Fourth Street. This area encompasses approximately 218 acres and contains a variety of land uses including liquid bulk, break bulk, commercial fishing, commercial, recreational, institutional, and vacant lands (Figure 1.3-3). Pfiilllllifiilll!lilili!liiiiiiiiiiiiiii!iilll!li&k&k' &k&k@k@k@k@k~-'!iilll!li&k&k&k&k~--lili!IM!iilll!li&k&ki Hlili!l-lili!l!iilll!li&k&klili!l@lili!l@Jlili!llili!l!iilll!li!iilll!li&k&klili!l~&k&klili!l~IWlili!l~lllllllliH~ll!lll!!M!llllmll.fil((f~Mllllilliffi Mllillillifilili!IMli!Wo mmm~ Port of Los Angeles Master Plan Update 1-6 Final Program Environmental Impact Report 5-286 li'igure 1.3-3. Existing Land Uses (2011) Port of Los Angeles Master Plan Update Final Program Environmental Impact Report General Cargo (Container) Liquid Bulk Dry Bulk Commercial Fishing Recreational (Marina) Industrial Institutional Commercial General Cargo (Break Bulk) 1.0 Introduction 0 Recreation (Open Space) Commercial (Passenger Supporting) Other Mile 1.0 Sourr:e: Port of Los Angeles 2012 1-7 5-287 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.3.2.3 1.3.2.4 1.3.2.5 1.3.2.6 1.3.2.7 1.3.2.8 1.0 Introduction Planning Area 3 (West Turning Basin) Planning Area 3 (West Turning Basin) encompasses approximately 213 acres and extends from Berth 87 on the south to Berth 115 on the north. Existing land uses within this area include container cargo, liquid bulk, commercial, maritime support, institutional, open space, passenger, and vacant lands (Figure 1.3-3). Planning Area 4 (West Basin) Planning Area 4 (West Basin) encompasses 224 acres and is located between the Harbor Freeway and the West Basin area of the Inner Harbor. Existing land uses include container cargo, liquid bulk, break bulk, dry bulk, institutional, maritime support, and vacant lands (Figure 1.3-3). Planning Area 5 (Wilmington District) Planning Area 5 (Wilmington District) comprises approximately 622 acres encompassing the northern terminus of the Main Channel and includes areas adjacent to the community of Wilmington and the Consolidated Slip. Existing land uses include break bulk, dry bulk, liquid bulk, institutional, recreationai, and vacant lands (Figure 1.3-3). Planning Area 6 (Cerritos Channel) Planning Area 6 (Cerritos Channel) is located in the northeastern portion of the Port between the East Basin and Cerritos Channel. This area encompasses approximately 59 acres and includes nine separate marinas and supporting facilities (e.g., boat repair and maintenance, administrative offices, marine supplies, and recreational areas). Existing land uses include recreational and open space (Figure 1.3-3). Planning Area 7 (Terminal Island/Main Channel) Planning Area 7 (Terminal Island/Main Channel) encompasses approximately 743 acres extending from Berth 206 to Reservation Point and is adjacent to the East Basin Channel, Turning Basin, and Main Channel. Fish Harbor and southern Terminal Island are situated on the southeastern boundary of this area. Existing land uses include container cargo, liquid bulk, dry bulk, institutional, and vacant lands (Figure 1.3-3). Planning Area 8 (Fish Harbor) Planning Area 8 (Fish Harbor) encompasses approximately 134 acres and is located in the southern portion of Terminal Island. Existing land uses include commercial fishing, container cargo, break bulk, commercial, liquid bulk, maritime support, institutional, and vacant lands (Figure 1.3-3). !li!l!ll$llliillill!QiiQiiilllll1M¥illlll!li!l@®i iiAiiiilllll!li!IQiiQiilllll!li!IAAIA!!A•illlll•Ai!iiQiMIQIQii@ilib.Qi@iiAiiiilllll!li!l*4iQ:D£@@iiQi@iiQildQiil~iAilW$!!Ail illlll!li!IAiiAilQiiQi%iiQM\ilMilllllQim@ii®QiiiAiil~!i!jQii~~-'t@i~i!Q!lll illlll!li!IQiiQitlW!lliilMQiimMilllll!li!l'illlllAiilllll!li!lma•••~Aii- Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-8 5-288 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.3.2.9 1.4 1.4.1 1.4.2 1.5 i*i#fo#kiml WP% Planning Area 9 (Terminal Island/Seaward Extension) 1.0 Introduction Planning Area 9 (Terminal Island/Seaward Extension) is generally located on the southern portion of Terminal Island and adjacent to the Outer Harbor. This area encompasses approximately 1, 170 acres and supports container cargo, liquid bulk, institutional, open space, and vacant lands (Figure 1.3-3). Program Purpose and Objectives Program Purpose The overall purpose of the PMPU is to create a consolidated planning document that clarifies LAHD's short-and long-term land-use plans in an easily accessible manner. The PMPU is needed to update historically outdated language in the 1980 PMP, as amended, with policies and guidelines that reflect current community and environmental conditions and account for trends in foreign and domestic waterborne commerce, navigation, and fisheries. Program Objectives The overall objectives of the PMPU are to: • Develop the Port in a manner that is consistent with federal, state, county, and city laws, including the CCA and Charter of the City of Los Angeles; • Integrate economic, engineering, environmental, and safety considerations into the Port development process for measuring the long-term impact of varying development options on the Port's natural and economic environment; • Promote the orderly, long-term development and growth of the Port by establishing functional areas for Port facilities and operations; and, • Allow the Port to adapt to changing technology, cargo trends, regulations, and competition from other United States (U.S.) and foreign ports. Proposed Program The PMPU addresses all elements required under CCA Chapter 8, Article 3 (Section 30711 [a] and [b ]), including permitted uses, design and location of land use areas, estimates of development effects on environmental resources, and anticipated projects listed as appealable. The PEIR includes the following elements in the program description: • Changes to the number and boundaries of existing planning areas; • Changes to existing PMP land use categories; • Revisions to allowable land uses within the planning areas; Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 5-289 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 1.5.1 1.0 Introduction • Descriptions of proposed appealable/fill projects; and, • A list of the other projects that have been approved in a certified CEQA document and/or are undefined (i.e., in the conceptual design stage) that are identified for public disclosure purposes consistent with the PMPU. Changes to Existing Planning Areas The PMPU would result in three principal changes to the existing planning areas: • Consolidate the number of land uses within the planning areas and specify a single land use for most sites; • Reduce the number of planning areas from nine to five; and, • Modify the boundaries of the individual planning areas. The reduction in the number of planning areas is intended to consolidate general areas with predominant land use patterns within the Port. These changes are largely administrative and would cause no impacts to the physical environment. The locations, acreages, and allowable land uses for the proposed planning areas are described in Table 1.5-1, and the boundaries and land use designations for each planning area are shown in Figures 1.5-1 and 1.5-2. Table 1.5-1. Proposed PMPU Planning Areas and Allowable Land Uses Planning Area Location Acreage Allowable Land Uses* 1 (San Pedro) From the Breakwater up to the 413 Recreational Boating, Commercial, Break Vincent Thomas Bridge Bulk, Open Space, Institutional, Cruise Operations, and Maritime Support 2 (West Basin From the Vincent Thomas Bridge 1,098 Container, Open Space, Liquid Bulk, Break and Wilmington) to north of the Cerritos Channel Bulk, Dry Bulk, Maritime Support, Recreational Boating, and Commercial 3 (Terminal Terminal Island, excluding Fish 1,940 Container, Liquid Bulk, Dry Bulk, Maritime Island) Harbor Support, Open Space 4 (Fish Harbor) Fish Harbor, including former 92 Commercial Fishing, Maritime Support, Break Southwest Marine Shipyard site Bulk, and Institutional 5 (Water) All water excluding areas 3,209 Navigable Waterways, Maneuvering Areas, adjacent to marinas Anchorage Areas, and Shallow Water Habitat Note: *Proposed land uses would be confined to the specific sites identified on the PMPU Land Use Designations Map (Figure 1.5-2). 1.5.2 PMPU Land Use Categories The PMPU land use plan would consolidate the number ofland uses within the planning areas and would specify a single land use for most sites. For much of the PMPU area, the revised land use categories would be compatible with or less intensive than existing land uses, potentially resulting in fewer impacts to the physical environment than under existing condition conditions. The proposed changes to land use categories are listed in Table 1.5-2. mjjj!!M\11J\~~mumm•1WtMm1mw~mw~•·•~mm•Nmrum,mmmwmmmwm~~rum~~mmwmmmwmmmf&mH•~tmwmm•·~mm•~~•~m,mmmmrnuuuw=mm; uiaruem~wm~~-~~ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-10 5-290 Los Figure 1.5-l. Proposed PMPU Pfanning Areas Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1.0 Introduction Planning Areas Coastal Zone Boundary Mile Source: Port of Los Angeles 2012 1-11 5-291 Figure 1.5-2. Proposed Pl\fi>U Land Use Designations Port of Los Angeles Master Plan Update Final Program Environmental Impact Report Container Liquid Bulk Ory Bulk Commercial Fishing Recreational Boating Maritime Support Institutional Visitor Sevlng Commercial Break Bulk Open Space Cruise Operations 1. 0 Introduction Liquid Bulk Option Liquid Bulk Option Mixed Use Mixed Use Mixed Use Mixed Use 0 Mile 1.0 1-12 5-292 2 3 J. 0 Introduction Table 1.5-2. Changes in Land Use Categories Existing PMP Land Use Categories General Cargo Liquid Bulk Other Liquid Bulk Dry Bulk Commercial Fishing Recreational Industrial Institutional Commercial Other Proposed PMPU Comments Land Use Categories Container The General Cargo land use category is divided into three Break Bulk categories to provide more specificity. Cruise Operations Liquid Bulk Liquid Bulk and Other Liquid Bulk (nonhazardous) are consolidated into one category. Dry Bulk No change. Commercial Fishing No change. Recreational Boating This category is divided to differentiate marinas from parks/beaches Open Space due to their different land use and water requirements. Maritime Support This category is renamed to provide more clarity to the land use description. Institutional No change. Visitor Serving This category is renamed to provide more clarity to the land use Commercial description. Not Applicable (N/A) This land use category is no longer needed. The proposed PMPU land and water use definitions are provided in Table 1.5-3; the examples of these uses are not comprehensive, but are only meant to be illustrative of the types of activities that may occur in the various land and water use categories. Table 1.5-3. Proposed PMPU Land and Water Use Definitions Land Use Description Examples ,' ::· '.:: .J .. ~ .. L.andT;/s?, ;". ', ,' : : '• '' :: Container Water-dependent uses focused on container • Container Terminal cargo handling and movement. • Chassis Storage • On-Dock Rail Yard • Omni Terminal Dry Bulk Water-dependent uses focused on non-• Cement containerized, dry bulk cargoes shipped in • Potash and similar large, unpackaged amounts. • Grain; • Scrap Metal Break Bulk Water-dependent uses focused on non-• Roll-On Roll-Off Cargoes containerized, bulk cargoes packaged as a • Steel Slabs unit. • Neo Bulk • Fruit • Automobiles Cruise Operations Water-dependent operations focused on • Cruise Facilities cruise operations and passenger handling. • Baggage Handling Facilities Liquid Bulk Water-dependent uses focused on storage, • Crude Oil Terminal receipt, and delivery of liquid bulk • Petroleum Products Terminal commodities. • Non-petroleum Products and Other Liquid Bulk Commodities llmM!mllmllmllm!i -~---I llm!mMllmlllllllllltm:ll!llllll!lllllllllll!mll!lllllllllllllmll!l~---$·••m•~llll~•&S1111;rn•WJJ1HWlliil&WlllllllmHPil!l!l!!ll!!@lllllllmlli!lli!Mlli!lll'l!l•H•11!!rnll!!· ll!l@!!!IR!illlh~~··m!!ll& -···~---!mt lli!lli!llmllllli~ll!llllllll§!!ll!•!!ll"llmllm!ll!i1~-­ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report J-J3 5-293 1. 0 Introduction Table 1.5-3. Proposed PMPU Land and Water Use Definitions Land Use Description Examples Maritime Support Water-dependent and non water-dependent • Barge/Tugboat operations necessary to support cargo • Boatyard and Ship Repair handling and other maritime activities. • Marine Fueling Station • Marine Service Contractors, (e.g., diving, and emergency response services) • Water Taxi • Cargo Fumigation Commercial Facilities related to commercial fishing and • Fish Processing Fishing processing. • Cold Storage/Fish Unloading/Ice House • Fishing Vessel Moorage • Fish Laboratories and Testing Recreational Recreational boating activities generally • Marinas Boating associated with marinas. • Upland Boat Storage • Yacht Clubs • Marina-Related Retail Visitor-Serving Visitor serving commercial uses for the • Restaurant Commercial public, including museums. • Maritime Related Office • Visitor Serving Retail • Harbor Tour Vessels • Sport Fishing • Museums • Community Centers/Conference Centers • Exhibit Space Open Space Open spaces reserved for the general public • Public Beaches such as parks and beaches or open areas • Parks reserved for environmental protection. • Environmentally Protected Area • Wetlands Institutional Uses and facilities operated by government • Public Safety (Police and Fire) agencies. • Other federal, state, and local agencies • Educational • Marine Research Facility • Non-profit Organizations • ',', .... ' :,: WatefUs~. ·,: : : Navigation Water areas devoted to anchorage of vessels, • Main Channel movement and maneuvering of vessels. • East and West Turning Basin Environmental Water areas dedicated to environmental • Shallow Water Habitat Mitigation protection and not suitable for the navigation of cargo moving vessels. Recreational Water areas associated with the mooring of • Marina Slip Areas Boating recreational vessels. Berthing Water areas directly adjacent to cargo • Cargo Berths berths. These areas are dedicated to the berthing of cargo vessels. Note: *In addition to the specific land use definitions and scope of activities, uses directly related to and supporting the land use are also permitted activities. Examples include but are not limited to an administrative office and/or maintenance and repair facility that support a container tenninal or administrative offices and/or quality control laboratory that support commercial fishing processing activities. !Mllmlllll!Mllmlll!lt!ll!'*lmllllllmlll!llllll!tl!!J!ll'll'll'll'l"'!!i!' lmlllll!Mllmllllllmlllll"'llll•lmlll!ll!Wi!i!mmiml!li-lmlllll"1!!-lllli\llllmlllllml!lil!!i!ll'll'lill!!#llllllllllmllllllllli\llllllli\lllWillililimmiillililliltii'&llllllli!HlllflJlili· .lili®!ll!ll'ill!!Willilillilill!llllMl'll'IW®llR~l$ili!lilll!WW!l'll'll'll'li!­ port of Los Angeles Master Plan Update 1-14 Final Program Environmental Impact Report 5-294 5 - 2 9 5 Figure l.S-3. Proposed PMPU Land Use Changes Port of Los Angeles Master Plan Update Final Program Environmental Impact Report I. 0 Introduction Planning Areas Coastal Zone Boundary Mile Source: Port of Los Angeles 2012 1-16 5-296 Los }'igure 1.5-4. Proposed PM.PU Appealable/Ji'ill Projects Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1.0 Introduction Berths 187 -189 Liquid Bulk Relocation Yang Ming Terminal Redevelopment China Shipping Fill Berth 300 Development Tri Marine Expansion 338 Cannery Street Adaptive Reuse Al Larson Marina Planning Area Boundary A """""""' Coastal Zone Boundary ,~ !!Y.. 0 Mile ==t.o A 1-17 5-297 1.0 Introduction Table 1.5-4. Proposed PMPU Appealable/Fill Projects and Land Use Changes Planninf! Area Avvealable!Fill Projecta,o Land Use Chanf!e 0 PlanninJZ;A,r,(!!a 1 Planning None 1: (Mixed Land Use Site): Existing institutional uses at Warehouse No. 1 Area 1: San would remain and/or be changed to visitor-serving commercial. Pedro . .: .. ·: ·.· ····· . ... Pti.tnnin"s! A:rea.2 .....• .... Planning Berths 187-189 Liquid 2: The liquid bulk terminal at Berths 187-189 (Vopak) would be relocated Area 2: West Bulk Relocation to Berths 191-194. Berths 187-189 would consist of open space and Basin and institutional land uses. Wilmington Yang Ming Terminal 3: An additional 6 acres of fill at Berths 120-121 and cut of3 acres ofland Redevelopment, including at Berths 121-127 for the Yang Ming Terminal would be designated as Cut and Fill (3-acre cut; container area. 6-acre fill) 4: The liquid bulk facility at Berths 118-120 (Kinder Morgan) would be eliminated and replaced with container cargo uses. China Shipping Fill 5: An additional 16 acres of fill would be added at Berth 102 for the China ' 16-acre fill) Shinning container terminal and designated for container cargo uses. None 6: (Optional Land Use Site): Vacant land on Mormon Island between San Clemente Avenue and Hermosa Street would be changed to liquid bulk or break bulk. .· •: •>) Plq'flfiifiJ!fArfi!a 3 • ••••••• : Planning Berth 300 Development 7: An additional 18 acres of fill would be added at Pier 300 and designated Area3: '18-acre fill) for container cargo uses. Terminal Island None 8: (Mixed Land Use Sites): Vacant land at Berths 206-209 would be changed to container, break bulk, and/or dry bulk and dry bulk land at Berths 210-211 would be changed to dry bulk and/or container. 9: Vacant land between Seaside Avenue and Reeves Avenue and south of Reeves Avenue would be changed to maritime sunnort. 10: Vacant land along Ferrv Street would be changed to maritime sunnort. 11: The land use consisting of the existing liquid bulk area (ExxonMobil) north of the Terminal Island Water Reclamation Plant (TIWRP) would be reolaced with container cargo uses. 12u: The institutional area south of Pier 400 would be changed to open space (least tern habitat). 13: Existing container area on Pier 400 would be changed to maritime sunnort. 14: Vacant land, commercial fishing, and industrial areas near Fish Harbor Mrould be changed to container cargo uses. 15: (Optional Land Use Site): Existing maritime support uses at Berth 301 would be changed to container or liquid bulk . ... < ·• . . · .•. • .. · · Pl«ni#liil4f:ed.4 : >•/' ·.t ">••" ,(/ ': .. ,: Planning Tri Marine Expansion None Area 4: Fish 338 Cannery Street None !Harbor Adantive Reuse Al Larson Marina 16: Land use change from recreational boating to maritime support. None 17: (Mixed Land Use Site): Vacant land at Southwest Marine Shipyard would be changed to break bulk and/or maritime support. The surrounding area would be changed to maritime sunnort. 18: Vacant land, commercial fiShing, liquid bulk, and institutional land uses at Fish Harbor would be replaced with commercial fishing and maritime sunnort. PlanninflArea s· Planning rone rone Area 5: Water Notes: a. These projects are appealable to the CCC, as defined under CCA Section 30715. Refer to Section 1.5.3, Changes to Land Uses and Proposed Appealable/Fill Projects within the PMPU Planning Areas, for additional details. b. Proposed fill projects would be consistent with the PMPU, once certified, and would not require an amendment. Appealable/fill projects that would have fill or cut and fill are bolded. c. Refer to Figure 1.5-3 (Proposed PMPU Land Use Changes) for the specific locations of the proposed land use changes. The numbers included in this column correspond to the number of the land use change depicted in Figure 1.5-3. d. This land use change is administrative because it only changes the definition of the land use; no impacts to the physical environment would occur. Therefore, this land use change is not carried forward for analysis in the PEIR. !fill!IWll\Willll\Willll\Wil!Th~@mmmm~ro•"f"i%l~n:mm1m1~Hll\Willll\WillmlllN•n••~MM•~~--~¥~~~HU£@UDf1!1l~millll\W!llN•llBIB!fill!IW"A!m~hmWIB~'.!!NN!rn1R~~Nm•tw.m1*~~11\Wi11W.NN!W.NmkNN!~•~~NN~ Port of Los Angeles Master Plan Update 1-18 Final Program Environmental Impact Report 5-298 Los 1.0 Introduction Table 1.5-5. Other PMPU Projects and Land Use Changes8 Planning Area Other Projects Appealabli Land Use Changes Comments I<:: ..... ·. :· .'·;.'' ,· . f?tcifmtrig.:.At~rn· .. . ..... Planning Outer Harbor No Vacant land would be changed This project was previously Area 1: San Cruise Terminal to cruise operations and open evaluated in the certified San Pedro and Outer Harbor space. Pedro Waterfront Project Park Environmental Impact Statement (EIS)/EIR. City Dock No. 1 No The break bulk area east of East This project was previously Marine Research Channel (Berths 57-71) would evaluated in the certified City Project be changed to institutional. Dock No. 1 Marine Research Project EIR. Ports O'Call No Industrial uses along Harbor This project was previously Redevelopment Boulevard would be changed to evaluated in the certified San commercial. Pedro Waterfront Project EIS/EIR. Various No A variety of projects occurring These land use changes were along the San Pedro Waterfront previously evaluated in the have associated land use certified San Pedro Waterfront changes which eliminate Project EIS/EIR and the certified industrial land uses and result in Cabrillo Marina Phase II increased public access to the Development Project EIR. waterfront (open spaces), additional visitor-serving commercial development within the Port, and expanded cruise operations . :·:••·• <·' ;' .··. . llt~~~tngA,,,ea.2 .>/ .: ... ,, : .... / . :> Planning Wilmington No Institutional and industrial areas This project was previously Area2: West Waterfront near Wilmington (north of evaluated in the certified Basin and Development Berths 184-185) would be Wilmington Waterfront Wilmington Project changed to open space. Development Project EIS/EIR. Anchorage Road No None This is not a proposed project. Soil Storage Site Specific details are currently not (ARSSS) Open available. Space Berths 176-181 No The Mormon Island container This is not a proposed project. Break Bulk area (Berths 17 4-181) would be Specific details are currently not Terminal changed to break bulk. available. Redevelopment East Basin Marina Yes Vacant land east of Yacht Haven This is not a proposed project. Improvements Marina (Berths 201-203) would Specific details are currently not be changed to recreational available. boating. l!!IU 1111111 llllll!!llllllllllll!!llllllMl1i!l!ll11111Ui!llllll!!llllllllllll!!lllllllllllllllll!!llllllllllllllllllllll!!llllllllllltMililMl1i!lltillMJl1i!lllllllhlllllhRl!i!llllll*'.Sl1i!lllllllllllBMl1i!llllllllllll1i!l$11i!1Mlllllllllll!i!lllllllllllllllll!!lllllll1i!l!ll!lll!!lllllllllll""l1i!l®Hl1i!l£\l1i!l&.fl1i!lt lllllll1i!l'fil-:t!iilH!i!l!,~i:lll""lill1 .. ..WllllllllllllllMiUlll"llMml1i!ll!i!llllllllllllllllWifllM"' .. *llM~\llMWblll'!llil!llllMlll­ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report J-J9 5-299 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 Los Table 1.5-5. Other PMPU Projects and Land Use Changes3 Planning Area Other Projects Appealabli Land Use Changes Comments \. RltJjthing Area 3 . Planning Pier 500 (200-acre No None This is not a proposed project. Area3: fill) Specific details are currently not Terminal available. Island Trucking Support No None This is not a proposed project. Center Specific details are currently not available. Terminal Island No None This is not a proposed project. On-Dock Rail Specific details are currently not Facility available. Berths 212-224 No None This is not a proposed project. Container Terminal Specific details are currently not Expansion available. Relocation of Yes None This is not a proposed project. ExxonMobil Specific details are currently not Storage Tanks available. ··.· ..... :( ... < . · ... .... · l/lltJ11nli-,gll,re,cr~ · . · .. ·• .. ~· ... .:.· . . ·········· .· .· ... · Planning Relocation of Yes None This project was previously Area 4: Fish Jankovich Marine evaluated in the certified San Pedro Harbor Fueling Station Waterfront Project EIS/BIR. Notes: a. The PEIR does not analyze the impacts of other projects included in the PMPU that have already been evaluated in a certified CEQA document. Furthermore, as some projects included in the PMPU are in the conceptual design stage, sufficient project details are not available to support a programmatic evaluation of potential impacts. These other projects are listed in the PEIR for purposes of public disclosure and addressed in Draft PEIR Chapter 4.0, Cumulative Analysis. b. These projects are appealable to the CCC, as defined under CCA Section 30715. Please refer to Section 1.5.3, Changes to Land Uses and Proposed Appealable/Fill Projects within the PMPU Planning Areas, for additional .details. 1.5.3.1 1.5.3.1.1 1.5.3.1.2 Planning Area 1: San Pedro General Overview Planning Area 1 would encompass the San Pedro Waterfront, extending from the breakwater to the Vincent Thomas Bridge along the western boundary of the Port (Figure 1.5-5). This area includes Berths 19-95, the Port's cruise operations, institutional uses, open space (Cabrillo Beach), and recreational boating activities. Planning Area 1 includes land uses focused on public access to the waterfront, but also has limited cargo operations and commercial fishing activities. Planning Area 1 emphasizes waterfront access through a waterfront promenade, parks, museums, academic uses, and visitor-serving commercial uses and attractions. fu Planning Area 1, existing institutional uses at Warehouse No. 1 would remain and/or be changed to visitor-serving commercial. Adaptive reuse of Warehouse No. 1 would occur in conformance with LAHD's Built Environment Historic, Architectural, and Cultural Resource Policy. Appealable/Fill Projects No appealable/fill projects would occur within Planning Area 1. mm lilil®ilili/®ilili/®illlillllllill" lllillMmilllill~lllill! lllill' lllillWaMJlilil®iililllillklllillHdlllillialllill,r£1M!flilil®ililil®illlillilllllilliMillillWillilllllillill!illillillilllllillillill@illillffMWilillillillillPillillillillillillillillillillillillillillillillillillillillillillillillWlllillklllillt lllilllllilllllill@lllillIBlllill•~· Wf't&§ %fW*1ffl%¥iiM%1¢%IDHi~ Port of Los Angeles Master Plan Update 1-20 Final Program Environmental Impact Report 5-300 Los 1.0 Introduction Open Space Cruise Operations Maritime Support Mixed Use Institutional -= Planning Area A Visitor Serving Commercial "'""""""' Coastal Zone Boundary T B:eakBulk r Mile 1.0 Figure l.5-5. Proposed PMPU Planning Area .1 Land Use Designations Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-21 5-301 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.5.3.2 1.5.3.2.1 1.5.3.2.2 1.0 Introduction Planning Area 2: West Basin and Wilmington General Overview Planning Area 2 would encompass the West Basin and Wilmington areas, and includes Berth 96 through Berth 204 (Figure 1.5-6). The West Basin consists of container terminals, while the remaining Wilmington areas consist of a variety of uses ranging from liquid bulk at Berths 148-150, liquid bulk and dry bulk uses on Mormon Island, to recreational boating and open space along Anchorage Road. Public access to the waterfront is provided at Berths 183-186. The planning framework for Planning Area 2 addressed in the PMPU is based on the Wilmington Waterfront Plan, Berths 97-109 (China Shipping) Container Terminal Project, Berths 136-147 (TraPac) Container Terminal Project, the Anchorage Road Soil Storage Site Concept Plan, and Wilmington Marinas Plan. Vacant land on Mormon Island between San Clemente Avenue and Hermosa Street would be an optional use site and allow liquid or break bulk uses. Additional land use changes are associated with the proposed appealable/fill projects in Planning Area 2. Appealable/Fill Projects Berths 187-189 Liquid Bulk Relocation This project would relocate existing liquid bulk berthing operations at Berths 187-189 to Berths 191-194. Tankage located along Berths 187-189 would also be removed and replaced with new tankage at Berths 191-194. A new Marine Oil Terminal Engineering and Maintenance Standards (MOTEMS)-compliant wharf and equipment would be constructed at Berths 191-194. Land uses at Berths 187-189 would change from liquid bulk to open space and institutional. Yang Ming Terminal Redevelopment This project would include filling approximately 6 acres of the harbor at Berths 120-121 and cutting (i.e., creating open water) approximately 3 acres ofland at Berths 121-127 to facilitate redevelopment of the West Basin Container Terminal. The proposed cut and fill, combined with wharf redevelopment, would create approximately 3,400 feet of new wharf. The project would also include a land use change near Berths 118-120 from liquid bulk to container terminal and would accommodate an approximately 20-acre backland expansion. China Shipping Fill This project would fill approximately 16 acres of a slip at Berth 102 to add additional backland to the existing China Shipping container terminal. Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-22 5-302 Container Liquid Bulk Dry Bulk Recreational Boating Maritime Support Institutional 0 .Figure l.5·6. Proposed PMPU Planning Area 2 l.,and Use Designations Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1.0 Introduction Visitor Serving Commercial Break Bulk ! Open Space T Liquid Bulk Option 9?{. ~ Planning Area T -Coastal Zone Boundary ~ Mile LO 1-23 5-303 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 1.5.3.3 1.5.3.3.1 1.5.3.3.2 1.0 Introduction Planning Area 3: Terminal Island General Overview Planning Area 3, located on Terminal Island, would be the largest planning area and would focus on container operations. The proposed area comprises all of Terminal Island, with the exception of Fish Harbor, which would be in Planning Area 4 (Figure 1.5-7). Of the six container terminals at the Port, four are located in Planning Area 3. The Terminal Island Land Use Plan provides the framework for land uses located in Planning Area 3. The plan optimizes cargo-handling operations on Terminal Island, while restricting non-cargo and non water-dependent uses. Open space is located along the southern tip of Pier 400 as an environmentally protected area for least terns and the urban forest area north of the Los Angeles Export Terminal (LAXT) rail loop. The proposed appealable/fill projects would provide additional space for expanding container and liquid bulk cargoes by clearing underutilized and vacant facilities, reconfiguring existing operations, and completing approximately 18 acres of land expansion/filling. The following land use changes would occur within Planning Area 3: • The land use consisting of the existing ExxonMobil liquid bulk facility north of the Terminal Island Water Reclamation Plant (TIWRP) would be replaced with container uses; • Planning Area 3 includes two mixed use sites that would allow break bulk, dry bulk, and/or container uses at Berths 206-209 and dry bulk and/or container uses at Berths 211-212; • Berth 301 would be an optional use site that would allow conversion of existing maritime support uses to either container or liquid bulk; • Vacant land between Seaside Avenue and Reeves Avenue and south of Reeves A venue would be changed to maritime support; • Vacant land along Ferry Street would be changed to maritime support; • Vacant land, commercial fishing, and industrial areas near Fish Harbor would be changed to container cargo uses; and, • Existing container area on Pier 400 would be converted to maritime support. Appealable/Fill Projects Berth 300 Development This project would fill approximately 18 acres of water behind Berths 270-271 and Berth 301 to create additional container backland. This project would include berthing for maritime support. ffl~imHW' :m&@W~.&W~ W-Wfki~!iiit@IW~ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-24 5-304 Container Liquid Bulk Maritime Support Institutional Open Space Liquid Bulk Option Mixed Use Mixed Use ~ Planning Area .......,... Coastal Zone Boundary p::::::::::=r::-~····--··-··'F==3 0 Mile LO Figure 1.5-7, Proposed PMPU Planning Area 3 Land Use Designations Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1.0 Introduction 1-25 5-305 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 1.5.3.4 1.5.3.4.1 1.5.3.4.2 1.5.3.5 1.5.3.5.1 1.5.3.5.2 1.0 introduction Planning Area 4: Fish Harbor General Overview Planning Area 4 would contain Fish Harbor and focus on expanding commercial fishing while maintaining adequate acreages for maritime support uses. Commercial fishing would remain in the northern and eastern portions of Fish Harbor, while maritime support, break bulk cargo, and other institutional uses would be located along the western portion of Fish Harbor (Figure 1.5-8). Vacant land at Southwest Marine Shipyard (Berths 240-241) would be a mixed land use site and would allow break bulk and/or maritime support uses. Additional land use changes are associated with the proposed appealable/fill projects in Planning Area 4. The Terminal Island Land Use Plan also provides the framework for Planning Area 4. Appealable/Fill Projects Tri Marine Expansion This project would expand Tri Marine's current fish processing facility at Berth 264. The expanded facility would include fish processing operations, cold storage, and office space. A new fish pump to transfer fish from the fishing boats to the new facility would be constructed to complement the existing fish pump at the facility. 338 Cannery Street Adaptive Reuse This project would redevelop a nine-acre site located in Fish Harbor at Berth 265 by adaptive reuse of the existing historic buildings for commercial fishing development. Improvements would complement and maintain existing historic structures, while helping to create a financially sustainable commercial fishing development. Al Larson Marina This project would remove approximately 125 recreational boating slips at Berths 256-257 to allow for the expansion of the boatyard located directly north of the marina. Planning Area 5: Waterways General Overview Planning Area 5 would consist of water areas in the Port. Water uses allowed in Planning Area 5 include general navigation, areas designated for environmental mitigation, recreational boating, and berthing {Figure 1.5-9). No land use changes would occur in Planning Area 5. Appealable/Fill Projects No appealable/fill projects would occur within Planning Area 5. " l!l1!!llmmmmmmmm11WW111'&1111!1!11WW11mmmmm'tfiliijl'&illl!l!™m111WW11mmm11WW11mm~n~~-~mmlliili!llll!l'&illl!l!lllmlilmm11WW11m1mm1ma~~~--•nmwm'mmmm1mrrm1mmD4iMmmmem~mmm1mmm~ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-26 5-306 Figure 1.5-8. Proposed PMPU Planning Area 4 Land Use Designations Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1.0 Introduction Commercial Fishing Maritime Support Institutional t Break Bulk Mixed Use ~ == Planning Area T · ....._,,. Coastal Zone Boundary ft Mile 0.25 1-27 5-307 Los Figure l.5-9. Proposed PMPU Planning Area 5 Land Use Designations Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1.0 introduction Planning Area f Coastal Zone Boundary f i=:;:::::::::::·-~·"-'E==3 0 Mile l.O No1e: No appealablelfill projects or land use ctianges are proposed for this planning area. 1-28 5-308 2 3 4 5 6 7 8 9 10 11 12 13 14 15 1.5.4 1.0 Introduction Changes in Land Use Acreage The proposed changes in land use would result in changes to the total acreages associated with individual land use categories. Table 1.5-6 provides a summary of the land use changes (acres by land use type) that would occur with implementation of the PMPU, shown as differences between existing baseline conditions, defined as those occurring in 2011, and proposed conditions. Section 1.5.3, Changes to Land Uses and Proposed Appealable/Fill Projects within the PMPU Planning Areas, provides details regarding land use changes within specific planning areas. Table 1.5-6. Summary of Proposed PMPU Land Use Changes Existing Proposed Previously Overall PMPU Land Use Type (2011) Changes Analyzed Difference Acreage Evaluated in the Changes (acresf PEIR (acres) (acresl (acres) (acres) Container· 2,050 288 33 321 2,371 Liquid Bulle 119 -17 66 49 168 DrvBulk 45 -30 1 -29 15 Commercial Fishing 20 36 2 38 58 Recreational Marina 66 0 25 25 91 (Recreational Boating) Industrial (Maritime 45 75 13 88 133 Support) Institutional 115 -37 15 -22 92 Commercial (Visitor 88 6 15 21 109 Serving/Commercial) Break Bulle 160 21 38 59 219 Open Space 92 28 110 138 231 Passengers/Supporting 54 0 15 15 69 Commercial (Cruise Operations) Vacant 658 -333 -325 -658 0 Open Waterc 3,224 -37 -7 -44 3,180 Totald 6,735 0 0 0 6,735 Notes: a. All acreages are approximate. Acreages for mixed use and optional land use sites are associated with the "worst case" or most intensive land use for an individual site, as evaluated in this PEIR. b. The PEIR does not analyze the impacts of the land use changes included in the PMPU that have already been evaluated in a certified CEQA document. c. Acreages do not include the Reservation Point Area (i.e., 64 acres). This is not LAHD controlled property. d. The total area includes open water acreage and all unassigned acreage in Planning Areas 1-4 and boundary differences. 1.5.5 Program Schedule Buildout of the proposed appealable/fill projects would occur in multiple phases, although the precise schedule, and in most cases the scope, of these projects is unknown or has not been developed in sufficient detail at this time. The LAHD anticipates, however, that the proposed appealable/fill projects described above would be implemented within the next 5 years. However, the analysis of the PMPU planning horizon extends out to year 2035. !lllim!llllm!llllm!llllm!llllmi!llillmi!!i!l~~~~M~Mi!llillM!!i!l*~~~~l!!llliii!l!liiiiiiil!!ll.~~!di!llill™!llllm .. !llllmi!llill!!i!l .. i!llillH11m!!i!l~Wl:ll!li1l!IBt ~i!llill~i!llillf!!l!ll''!!i!!Hi£1!!11~ml!fil!Mi!llillMK~ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1-29 5-309 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 1.5.6 1.6 I.O Introduction Summary In summary, the PMPU would consolidate areas characterized by predominant land use patterns within the Port and allocate a single land use to most sites. The PMPU would also include appealable/fill projects and other projects that have been approved in certified CEQA documents and/or are currently undefined (i.e., in the conceptual design stage). The proposed appealable/fill projects included in the PMPU are in various planning stages and are expected to be initiated or completed within the next 5 years. This PEIR focuses on land use changes that would result in changes and/or intensification of activities with the potential for directly or indirectly impacting the physical environment (CEQA Guidelines Section 15378(a)). Several changes proposed in the PMPU are administrative (e.g., changes to existing planning areas and land use categories/definitions) and would cause no impacts to the physical environment. For much of the PMPU area, proposed land use categories would be compatible with or less intensive than existing land uses, potentially resulting in fewer impacts to the physical environment compared to existing conditions. This PEIR focuses on the proposed appealable/fill projects, as defined under CCA Section 30715, and provides a programmatic evaluation of impacts associated with buildout of these projects. In general, this PEIR is intended to simplify the task of preparing subsequent environmental documents for the proposed appealable/fill projects and will serve as the first-tier document for later CEQA review of the proposed appealable/fill projects included in the PMPU. The LARD expects that most of the proposed appealable/fill projects that are included in this PEIR would require separate environmental documents. CDPs for the proposed appealable/fill projects would not be issued until those project-specific CEQA reviews are completed. This PEIR does not analyze the impacts of other projects included in the PMPU that have already been evaluated in certified CEQA documents. Furthermore, as some projects included in the PMPU are in the conceptual design stage, sufficient project details are not available to support a programmatic evaluation of potential impacts. These other projects are listed in the PEIR for purposes of public disclosure and addressed in Draft PEIR Chapter 4.0, Cumulative Analysis. Changes to the Draft Port Master Plan Update A summary of the changes made to Draft PMPU is provided below. Revisions to the Draft PMPU that directly correspond to changes to the Draft PEIR are presented in Chapter 3.0, Modifications to the Draft Program EIR, of this Final PEIR. The Final PMPU is included in Appendix A, Port Master Plan, of this Final PEIR. The key changes to the Draft PMPU include: • Clarification of the PMPU Goals; • Inclusion of additional PMPU land use examples; !Wilm!IW!••M iill!i!ll''1W!l\1Nllllli!ll!ll i!MNiiii!llM-!!l&llll MMiiii!llM%iliM!iillJil!!.!Mlllllll!illMll!i!ilii ! NNii!llll!lllll!i!iM!illlllilllllillll!ll*lllll!M Port of Los Angeles Master Plan Update 1-30 Final Program Environmental Impact Report 5-310 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 1.7 I. 0 Introduction • Clarification of public access infrastructure and programs at the Port; • Modification of PMPU land use designations and boundaries; • Clarification of land use acreages for the PMPU planning areas; and, • Clarification of an existing and inclusion of an additional other project. Changes to the Draft Program EIR The Final PEIR discusses changes and modifications that have been made to the Draft PEIR. Actual changes to the text, organized by chapters, sections, and appendices, are presented in Chapter 3.0, Modifications to the Draft Program EIR, of this Final PEIR. Changes noted in Chapter 3.0, Modifications to the Draft Program EIR, are identified by text strikeout and underline. These changes are referenced in Chapter 2.0, Response to Comnients, of this Final PEIR, where applicable. The changes and clarifications presented in Chapter 3.0, Modifications to the Draft Program EIR, were reviewed to determine whether or not they warranted recirculation of the PEIR prior to certification according to CEQA Guidelines. The changes would not result in any new significant environmental impacts or a substantial increase in the severity of an existing environmental effect. A summary of the key changes to the Draft PEIR include: • Correction of the PMPU land use designation for Cabrillo Beach from visitor- serving commercial to open space; • Inclusion of the boat launch area at Cabrillo Beach into the total acreage associated with the recreational boating land use category; • Designation of Warehouse No. 1 in Planning Area 1 as a mixed land use site that would allow institutional and/or visitor-serving commercial uses; • Modification of the break bulk land use boundary in Planning Area 4 to include all of the buildings at the Southwest Marine terminal site (Berth 240). This area was also designated as a mixed land use site that would allow break bulk and/or maritime support; • Enhancement of mitigation measure MM CR-3 to specify additional protective measures (e.g., in-situ preservation, adaptive reuse, and relocation); and, • Inclusion of additional freeway modeling and analyses completed for the proposed Program. ¥WE& n l~illM44 Wlrf~E Port of Los Angeles Master Plan Update 1-31 Final Program Environmental Impact Report 5-311 Excerpts from FPEIR and Port Master Plan Update: Response to City comments on FPEIR 5-312 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2.1 RESPONSE TO COMMENTS Distribution of the Draft Program EIR The Draft PEIR was distributed to the public and regulatory agencies to review and comment from February 21, 2013 to April 8, 2013. Copies of the Draft PEIR were distributed to various government agencies, organizations, individuals, and Port tenants. In addition, postcards were mailed to all addresses in the communities of Wilmington and San Pedro. LARD conducted a public hearing regarding the Draft PEIR on March 13, 2013 to provide an overview of the proposed Program and alternatives and accept public comments on the Draft PEIR. The Draft PEIR was available for review at the following locations: • LARD, Environmental Management Division, 222 W. 6th Street, San Pedro, CA 90731; • Los Angeles Public Library-Central Branch, 630 West 5th Street, Los Angeles, CA 90071; • Los Angeles Public Library -San Pedro Branch, 931 S. Gaffey Street, San Pedro, CA 90731; and, • Los Angeles Public Library-Wilmington Branch, 1300 North Avalon Boulevard, Wilmington, CA 90744. In addition to printed copies of the Draft PEIR, electronic versions were made available, as requested by interested parties. Due to the size of the document, the electronic versions were prepared as series of PDF files to facilitate downloading and printing. The Draft PEIR was available in its entirety on the LARD website at http://www.portoflosangeles.org/EIR/PMPlJ/DEIR/deir pmpu.asp, and the public notice was available online at http://wW\v.portoflosangeles.org/EIR/PMPU/DEIR/ Public Notice.pdf. ~:• m:twtm\ttPf~~mMmMmrm1maMmw mmMmm1•,~mitm1 mmm~!i~m11111@11l!ilmmllll@lll!ilmmllll@lll!il~mmm· •- Port of Los Angeles Master Plan Update 2-1 Final Program Environmental Impact Report 5-313 2 3 4 5 6 7 8 9 10 11 12 13 14 Los 2.2 2.0 to Comments Comments on the Draft Program EIR and Draft PMPU The public comment and response component of the CEQA process serves an essential role. It allows the respective lead agencies to assess the impacts of a project, and it provides the opportunity to amplify and better explain the analyses that the lead agencies have undertaken to determine the potential environmental impacts of a project. To that extent, responses to comments are intended to provide complete and thorough explanations to commenting agencies and individuals, and to improve the overall understanding of the proposed Program for the decision making bodies. The Draft PEIR and Draft PMPU were released on February 21, 2013 for a 45-day public review period ending on April 8, 2012. The LARD received 28 comment letters, 3 public hearing comment cards, and 77 oral comments on these documents during the public review period. Table 2.2-1 presents a list of those agencies, organizations, and individuals who commented on the Draft PEIR and Draft PMPU. Table 2.2-1. Public Comments Received on the Draft Program EIR and Draft PMPU Letter Code Date OY?;anizationllndividual Pa~e / ; ?\. ·.· •. StQte Oovf]rnmenf. • ·.· NARC 2/5/2013 Native American Heritage Commission 2-5 CSLC 4/8/2013 California State Lands Commission 2-11 DOT 4/10/2013 California Department of Transportation (Caltrans) District 7 2-17 .. .· . · ;;; .• laaatf!fQvt!rfiifi~izt ; i.·; . .; .. .... · .. ·; RPVl 4/2/2013 City of Rancho Palos Verdes 2-31 RPV2 4/8/2013 City of Rancho Palos Verdes 2-35 BOS 4/11/2013 City of Los Angeles, Bureau of Sanitation 2-41 ··• ·. (········· ; · .. ·;>· .• Qfi!anra:ations ·· .; .. ·. .·;; PTLA 4/5/2013 PortTechLA 2-47 PSLl 417/2013 Proiect Street Legal 2-51 CCA 4/8/2013 Coalition for Clean Air 2-55 LAC 4/8/2013 Los Angeles Conservancy 2-67 NTHP 4/8/2013 National Trust for Historic Preservation 2-85 AS 4/8/2013 The Art Spot 2-99 CFASEl 4/8/2013 Coalition For A Safe Environment 2-105 .. · < .··?<··;· <:•· .. /;;;; ••: '· . · ····· .. •ti#ltJ?~41:(ii/s /, , /;'• .. ,;;.' ; " ·.· ; PR 3/25/2013 Patricia Ross 2-115 SG 3/29/2013 Stanley Green 2-119 LF 4/3/2013 Lawrence Fafarman 2-123 PB 4/3/2013 Philip Belfer 2-127 JR 4/6/2013 Jay Ross 2-131 DE 41512013 Donna Ethington 2-135 LA 4/6/2013 Linda Alexander 2-143 SC 4/6/2013 Sue Castillo 2-147 CE 417/2013 Christine Esprabens 2-151 DSS No Date Denise and Stephen Smith 2-155 FA No Date Frank B. Anderson 2-159 Businesses .. SAR 4/2/2013 SA Recycling 2-163 EXXONl 4/4/2013 ExxonMobil Pipeline Company 2-173 GSNT 4/4/2013 Gresham Savage Nolan & Tilden 2-177 BH 4/8/2013 Brandt-Hawley Law Group 2-485 ~ & ~ &M•r ~!~mm;@ ~~illllll1illillllll1ill!ll!!ll!lillllll1ill111i111!11i'lilt!!il!111i111!11~111i111!11illll!il!ll!!lilllll!ili:·"• Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 2-2 5-314 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Los 2.0 to Comments Table 2.2-1. Public Comments Received on the Draft Program EIR and Draft PMPU CFASE2 EXXON2 PSL2 PTl PT2 2.3 2.3.1 3/13/2013 Coalition for a Safe Environment 2-489 3/13/2013 ExxonMobil 2-495 3/13/2013 2-499 3/13/2013 2-503 2-559 Responses to Comments In accordance with CEQA (Guidelines Section 15088), LARD has evaluated the comments on environmental issues received from agencies and other interested parties and has prepared written responses to each comment pertinent to the adequacy of the environmental analyses contained in the Draft PEIR. In specific compliance with CEQA Guidelines· Section 15088(b), the written responses address the environmental issues raised. In addition, where appropriate, the basis for incorporating or not incorporating specific suggestions into the proposed Program is provided. In each case, LAHD has expended a good faith effort, supported by reasoned analysis, to respond to comments. This section includes responses to the written and oral comments received during the Draft PEIR public review period. This section also includes all the comments received on the Draft PMPU. Information provided in the response to comments on the Draft PMPU is included in Appendix A, Final PMPU, of this Final PEIR. Some comments have prompted revisions to the text of the Draft PEIR, which are referenced and included in Chapter 3.0, Modifications to the Draft Program EIR. A copy of each comment letter is provided, with responses to each comment immediately following. Public Comments and Responses to Comments m1 faf;@¥' r t @MGM i @ l t i®JRl.iittl!1lWfili!fFE&£ !! MWiJ&M~EiiiJi&WMM~lil!llil!lffi!IWlil!llil!l®dlil!llil!l@lil!llil!llil!llil!llil!llil!llil!lilll!ilMhlil!J'.&11!$11i!ili1st~ Port of Los Angeles Master Plan Update 2-3 Final Program Environmental Impact Report 5-315 CITYOF 2 April 2013 Port of Los Angeles Planning & Economic Development Division 425 S. Palos Verdes St. San Pedro, CA 90731 l<ANCHO PALOS VEl~DES CITY MANAC?fR'S OFFICE AOMINISTf~ATION VIA ELECTRONIC & U.S. MAIL SUBJECT: City of Rancho Palos Verdes' Comments on Draft Port Master Plan To Whom It May Concern: The City of Rancho Palos Verdes-located just west of the San Pedro community of the RPVI·I City of Los Angeles-appreciates the opportunity to review the Port of Los Angeles' Draft Port Master Plan. We have reviewed the Plan and offer the following comments: 1. Section 5.0 of the Plan describes the five (5) planning areas of the Plan, including the designation and acreage of land uses therein. We understand that the Plan proposes to eliminate liquid bulk storage within Planning Area 1 (located nearest to densely-populated areas in San Pedro and Rancho Palos Verdes) and to designate at least one hundred sixty-six acres (166 ac.) within Planning Areas 2 and 3 for liquid bulk storage. The City of Rancho Palos Verdes is sup- portive of any plan that would reduce the risk of exposing residents to the hazards related to the storage and transport of liquid bulk cargoes. We further suggest that the Port should make additional provisions in the Plan to facilitate the relocation of liquid bulk storage facilities to the harbor area, including the future 200-acre Pier 500 project within Planning Area 3 (i.e., Terminal Island). 2. Section 8.0 of the Plan describes the Risk Management Plan (RMP) for the Port. RPVl-2 We understand that the stated intent of the RMP "is to assess the potential risks of the storage and transfer of hazardous commodities occurring at liquid bulk terminals within the Port." To this end, we offerthe following observations: a. Although apparently not mandated by the California Coastal Commission, we believe that the RMP should also include a "good faith'' effort to assess the risks associated with the storage and handling of hazardous liquid bulk cargoes on vessels, tanker trucks, rail tank cars and in pipelines, at least within the areas covered by the Plan. To do so would demonstrate the ,HP-tn f i ... \\\'!r:t,;kNt: B:vu / h'..,.-\i'1~:i·R; H\~u~; 0 ~ )t 'S <,~\ ~r=J;-'f~;·-'."d-9~ i r:n11 5r:.,i+2=~ ;t·Ax 11ru sr:.-~·\101 '/~">.V'/.' t\\U }:'.::>'\ i--0.X t< C ="\'llt<l'\ l'f.:'f'UfD (•fl! l..'.!.-\:\Cl 1-'0 i'~"'·'H? NiNWkkfi JM§~!M\11i!B!!llliflllilll!ffiilii!!lllllllilll!ffi!!lllMRm!ill!Bm!!lllm!ii!!m&flllli N!lfilU flll!MB#£~-49WW@&htfM ~ Port of Los Angeles Master Plan Update 2-31 Final Program Environmental Impact Report 5-316 RPVJ-3 2.0 Port of Los Angeles 2 April 2013 Page2 b. Port's willingness to provide more than the minimum, statutorily-required protection and notification to "vulnerable resources." We note that the RMP identifies "[residents] living in the area around the Port [as] the largest and most vulnerable number of people exposed to risks." It also specifically identifies certain critical Port infrastructure (i.e., the Vincent Thomas and Badger Avenue bridges) as "vulnerable resources." The RMP discusses "hazard footprints" in terms of potential adverse impacts upon these "vulnerable resources," including radiant heat, toxic and/or flammable vapor cloud, blast overpressure and flying debris However, the RMP provides no specifics or details regarding the location or extent of these "hazard footprints" for either existing or proposed liquid bulk facilities in the Port. RPVl4 3. Section 9.0 of the Plan summarizes the Program Environmental Impact Report (PEIR) prepared for the Plan. The City of Rancho Palos Verdes will be commenting separately on the Draft PEIR, on or before the end of the public comment period on B April 2013. Again, thank you very much for the opportunity to review and comment upon this important project If you have any questions or need additional information, please feel free to contact me at (310) 544~5226 or via ~mail at kfff@rpv.com sh~ Kit Fox, AICP Senior Administrative Analyst cc: Mayor Susan Brooks and City Council Carolyn Lehr, City Manager Carolynn Petru, Deputy City Manager Border Issues file M:\Border lssues\LA Port Master Plan Update\20130402_POLA_DmflPMPComments.docx to Comments -!lllil!l!!Wllll!l!!Wlll!lllililll!l!!Wllllllllllll!l!!Wlll!!\H!llli!llli' mil l!l!!Wllll!l!!Wlllllillm#Milllllm-lllllmllillmMl!liltw!llliHl!!!i™lllllllllll:Ml!Wi®llWJ-1111114#i!ll!* i!ll!i i!ll!ii!ll!!!!lllillllll!lllllllllli!iRli!i·!"f!f!IMll-~'lllfl!J!i!llWJillllllll!l!Jlilll!!llm!llli'J ____ ,illliii!llli!iiii!li!Wiii!ii"tiB~ Port of Los Angeles Master Plan Update 2-32 Final Program Environmental Impact Report 5-317 Comment Letter RPV1: City of Rancho Palos Verdes 2 Response to Comment RPVl-1: 3 This comment addresses the PMPU and does not raise issues that require a response 4 under CEQA. Please refer to Final PEIR Appendix A, Final PMPU, for information 5 provided in response to this comment. 6 Response to Comment RPVl-2: 7 This comment addresses the PMPU and does not raise issues that require a response 8 under CEQA. Please refer to Final PEIR Appendix A, Final PMPU, for information 9 provided in response to this comment. 10 Response to Comment RPVl-3: 11 This comment addresses the PMPU and does not raise issues that require a response 12 under CEQA. Please refer to Final PEIR Appendix A, Final PMPU, for information 13 provided in response to this comment. 14 Response to Comment RPVl-4: 15 Thank you for your comment. Responses to the city's comments on the Draft PEIR 16 are provided in responses to Comments RPV2-1 through RPV2-4. The comment is 17 noted and is hereby part of the Final PEIR, and is therefore before the decision- 18 makers for their consideration prior to taking any action on the PMPU. Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 2-33 5-318 Los This Page Intentionally Left Blank. !lll®lllii'1illl!lll®lllii'1illl!lll®lllii'1illl!lll®lllii'1illl!lll®lllii'1illlMMM*M'*W!ilil'llii'1illlMllii'1illl!lll®lllii'1illl!lll®IMl!lllii~MfilMlllii'1illl!lll®lllii'1illl!lll®lllii'1illlMllliifilllii'1illliMWMllii'1illl!lll®!Mllii'1illl~~~~ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 2-34 5-319 Los CITY OF 8 April 2013 2.0 r~cHO PALOS VERDES OFFICE OF THE CITY MANAGER VIA ELECTRONIC & U.S. MAIL Christopher Cannon, Director of Environmental Management Los Angeles Harbor Department 425 S. Palos Verdes St. San Pedro, CA 90731 SUBJECT: City of Rancho Palos Verdes' Comments on Draft Program Environ- mental Impact Report for the Port Master Plan Update Dear Mr. Cannon: to Comments The City of Rancho Palos Verdes appreciates the opportunity to review the draft RPV2·.l Program Environmental Impact Report (PEIR) for the Port Master Plan Update (PMPU). We have reviewed the PEIR and offer the following comments: 1. Section 3.7 of the PEIR discusses the hazards and hazardous materials impacts of the PMPU. The two (2) relevant mitigation measures proposed in Section 3.7 are in response to "reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment" (i.e., Impact HAZ-2). However, the City of Rancho Palos Verdes respectfully suggests that Section 3.7 of the PEIR requires additional analysis in the following issue areas: a. The analysis of Impact HAZ-1 (i.e., relating to "[hazards] to the public or the environment through the routine transport, use, or disposal of hazardous materials") concludes that impacts will be less-than-significant and that no mitigation is warranted because these activities are already "extensively regulated ... to prevent releases and accidents, and ensure the capability to respond in the event of an accident." From our review of the draft PMPU document, we understand that the California Coastal Commission does not mandate the assessment of risks associated with the storage and handling of hazardous liquid bulk cargoes on vessels, tanker trucks, rail tank cars and in pipelines as a part of a port master plan. However, we believe that the PEIR should include a "good faith" effort to assess these risks as well. To do so would demonstrate the Port's willingness to provide more than the minimum, statutorily-required protection and notification to vulnerable resources and populations in the vicinity of the Port. 309110 HAWTHORNE 8t\IO / IQ\NCHO rmos VERDES. CA 90275·5391 I (310) 544·5205 /FAX (310) 544·5291 C·MAI. CtF.HRliJRPVC0'1 / Wl'J\VJ'AlCSVf.llQf.SC0!-1/Rl'll i'f<'f1TW Ct'< Rcr,vc:u:o f')\Prn ~~111%Hlll%H111%H~1•~.-.-~111%Hlll%H111%H111%Hlll%Hlll%H111%H4~1~1111%Hlll%HB~~~"~~lll%H!!B!!B!IB%41!!111l1\MW•~~~~~~~m~~~~n~~*&~~~hmumrn!Bl!!B!!fllllfMf!IJW~ Port of Los Angeles Master Plan Update 2-35 Final Program Environmental Impact Report 5-320 RPV2-2 2.0 Christopher Cannon 8 April 2013 Page2 b. The analysis of Impact HAZ-2 (i.e., relating to ''reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment'') concludes that there are potentially-significant impacts related to the risk of hazardous materials releases into the waters of the Port, and suggests two (2) mitigation measures that would only apply to "projects involving hazardous liquid bulk facilities with in-water operations." The PEIR briefly discusses the Port's Risk Management Plan (RMP) as the means by which conflicts between liquid bulk facilities and vulnerable resources and populations are to be resolved. From our review of the draft PMPU document, we understand that this is to be done through the Port's assessment and identification of any overlapping "hazard footprints" for liquid bulk facilities and nearby vulnerable resources and/or populations. However, neither the PEIR nor the PMPU provides any specifics or details regarding the location or extent of these "hazard footprints" for either existing or proposed liquid bulk facilities in the Port. As such, we respectfully suggest that the conclusion that such environmental impacts are less-than-significant is not adequately supported by evidence provided in the PEIR. RPV2-3 2. Section 5.0 of the PEIR discusses the program alternatives to the proposed PMPU. The PEIR notes that, although many key components of the program alternatives suggested by the Port Community Advisory Committee (PCAC) have been included in the PMPU, the PCAC recommendations related to liquid bulk storage facilfties near the Wilmington community In the City of Los Angeles and on Terminal Island were rejected, respectively, as: • Not avoiding or reducing significant environmental impacts; and, • Being physically and financially infeasible. The City of Rancho Palos Verdes offers the following comments with respect to the rejection of the PCAC alternative (Section 5.1.4.1) in the PEIR: a. With respect to the PCAC recommendations regarding liquid bulk storage near Wilmington, the PEIR (Page 5-4, Lines 32-39) again relies upon the Port's RMP to ensure that there are no significant adverse impacts upon "vulnerable resources." However, as we noted in our Comment 1.b above, we are concerned that the lack of details and specifics about the "hazard footprints" of existing or proposed liquid bulk facilities in the Port does not offer sufficient evidence to support this conclusion in the PEIR. b. With respect to the PCAC recommendations regarding the relocation of liquid bulk storage to Terminal Island, the PEIR (Page 5-5, Lines 1-16) asserts that there is a lack of available berthing capacity and that the cost of such relocation would be economically infeasible. It is not clear if these to Comments !IWlllimll!mll!mll!mll!mll!~~1mll!mll!~b~•m11!®1!'ffe~&~wmll!mll!mll!!IWllli!'~~mll!~~-•mll!mll!mll!mll!•il~:B!lm"~~~~~~~~~~ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 5-321 Christopher Cannon 8 April 2013 Page3 2.0 to Comments conclusions took into account the possible future expansion and RPV2-4 development of the "Pier 500" project on Terminal Island, as described in the draft PMPU document. Would the berthing capacity for the relocation of liquid bulk facilities still be inadequate on Terminal Island with the addition of Pier 500? Would the relocation of such facilities to Pier 500 still be infeasible? Again, thank you very much for the opportunity to review and comment upon this important project. If you have any questions or need additional information, please feel free to contact me at (310) 544-5226 or via e-mail at kitf@rpv.com :?2: Senior Administrative Analyst cc: Mayor Susan Brooks and City Council Carolyn Lehr, City Manager Carolynn Petru, Deputy City Manager Border Issues file M:\Sorder lssues\LA Port Master Plan Update\20130408_POLA_DraftPEIRCcimments.docx WllW WWllllWWllllWWllllllWWil ll!l!Plm""Wll•llWWiWIWllPWllWWillWWllllllWWiWlliWll'Wll'WWllllWllWllWWllllWllWWllWllPPWllii!i!WllWWllllWllWllWllWll! WllMWll*ilWIPWllMWll4\"WllW!W!ill!WlllHIWMWllWWll'¥Wf•Rl!c'WWW¥!1i!W1Wiff"'WWllllWIWllllWlll-WllWllWllWi¥¥WllWllWll' WllW- Port of Los Angeles Master Plan Update 2-3 7 Final Program Environmental Impact Report 5-322 Los 2.0 to Comments This Page Intentionally Left Blank. mm~m~m&mma•1~~~~~0m®m&&•m•m~~~;wm~•M••~•&&m~ma•td•~1m1~~~~~~•'•¥®~1~~~~~i&&trn~a~~~~~~~ma~mamamamamail!#IJ~@ Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 2-38 5-323 Los 2.0 to Comments Comment Letter RPV2: City of Rancho Palos Verdes 2 Response to Comment RPV2-1: 3 This comment addresses the PEIR. and requests that Draft PEIR. Section 3. 7, Hazards 4 and Hazardous Materials, assess the risks to the public and environment (under 5 Impact HAZ-1) associated with storage and handling of liquid bulk cargoes on 6 vessels, tanker trucks, rail tank cars, and pipelines. 7 Draft PEIR Section 3.7.4.3, Impacts and Mitigation Measures, addresses the risks 8 under Impact HAZ-1 of routine transport, use, or disposal of hazardous materials. 9 The Draft PEIR. does not address risks to the public and environment associated with 10 vessel or pipeline transport of liquid bulk from future liquid bulk facilities because 11 specific project details are not available. The Draft PEIR concludes that operation of 12 the proposed appealable/fill projects and land use changes would present a less than 13 significant risk to the public in part because transportation, storage, and use of 14 hazardous materials are extensively regulated. These safety regulations that govern 15 the shipping, transport, storage, and handling of hazardous materials (i.e., United 16 States Coast Guard [USCG], City of Los Angeles Fire Department [LAFD], and 17 United States Department of Transportation [USDOT] regulations and requirements) 18 will limit the severity and frequency of potential releases of hazardous materials. The 19 LAHD's Risk Management Plan (RMP) also contains rigorous policies to prevent or 20 minimize risks associated with operations of liquid bulk facilities in the Port. 21 Siting is another primary method of controlling risks, and the LAHD's RMP 22 precludes the siting of new hazardous liquid bulk facilities and modifications to 23 existing facilities near vulnerable resources that could be impacted. The RMP also 24 precludes vulnerable resources from being sited near existing hazardous liquid bulk 25 facilities. Additionally, siting of new vulnerable resources proximal to existing or 26 approved facilities that handle hazardous liquid bulk cargoes is not permitted. 27 Improvements or modifications to existing hazardous liquid bulk facilities or 28 operations that would expand a hazard footprint, and therefore result in an overlap 29 with vulnerable resources, are not permitted. For security reasons the LAHD does not 30 provide maps with hazard footprints in CEQA documents or the PMPU. 31 Nevertheless, the LAHD believes that risks of routine handling of hazardous 32 materials are adequately addressed in the Draft PEIR., and no further changes are 33 warranted. 34 Response to Comment RPV2-2: 35 This comment addresses the PEIR. and states that the less than significant conclusion 36 under Impact HAZ-2 (refer to Draft PEIR. Section 3.7, Hazards and Hazardous 37 Materials) is not adequately supported because the PEIR and PMPU do not show 38 hazard footprints and their relationships to sensitive resources. 39 Draft PEIR. Section 3.7.4.3, Impacts and Mitigation Measures, addresses the risks 40 under Impact HAZ-2 of a release of hazardous materials to the environment through 41 reasonably foreseeable upset or accident conditions. As discussed in Response to 42 Comment RPV2-l, LAHD's RMP prohibits the siting of hazardous liquid bulk 43 facilities near vulnerable resources that could be impacted. Compliance with existing 44 regulations and requirements would appropriately limit the risk to the public from an Port of Los Angeles Master Plan Update Final Program Environmental Impact Report 1111111~*:&11\1!1111••'% ill!-~• 2-39 5-324 5 - 3 2 5 Excerpts from FPEIR and Port Master Plan Update: Response to City comments on on Port Master Plan Update 5-326 Designating land uses for properties outside the Coastal Zone in the PMP would be inappropriate because they are not subject to the policies and procedures provided in the Coastal Act. The previous approvals for the China Shipping Terminal, TraPac Terminal Expansion, and BNSF SCIG projects were consistent with the PMP. There are no properties to be obtained as part of the PMP. Properties previously acquired by the Port met all legal requirements . . b. States that the berth numbers described in the text are not identified on the maps. Response: Maps with berth numbers can be found on the Port website (http://www.portoflosangeles.org). c. States that wetland or potential wetlands were not identified in the PMP. Response: "Wetlands" was added to the definition of the Open Space land use designation. d. Asserts that the on-dock rail was not considered for the potential Pier 500 project. Response: Pier 500 is not an approved project in the PMP. The current concept would designate Container use for the landfill. The comment incorrectly states that on-dock rail is not considered for Pier 500 since the definition of container use includes on-dock rail. e. The comment requests a 90 day extension for public comment. Response: The Draft PMP and Draft PEIR were released on February 21, 2013 and public comment was accepted until April 8, 2013. The 45 comment day period was consistent with both the Coastal Act and CEQA. LOCAL GOVERNMENT Kit Fox, City of Rancho Palos Verdes a. Requests that the PMP facilitate the relocation of liquid bulk facilities to Planning Area 3 (Terminal Island), including Pier 500. Response: All current liquid bulk facilities are consistent with the Risk Management Plan and therefore do not pose a risk. 5-327 b. Requests that the Port assess the risks associated with the movement of liquid bulk commodities (vessels, trucks, rail cars, and pipelines). Response: As discussed in the Risk Management Plan, risk assessments of commodities either transiting on a vessel, tank truck, rail tank car or in a pipeline are not addressed in the Risk Management Plan due to their transitory nature. For example, tank cars transit into and out of a rail yard frequently carrying a variety of commodities. Therefore, it is difficult to determine at any one time what commodities may be inside a tank car and where that tank car might be located in the rail yard. The transitory nature of these operations, including vessels moving within the Port, prevents accurate and representative hazard footprints from being prepared. c. Requests that the location or extent of hazard footprints generated by liquid bulk facilities at the port under the Risk Management Plan be publically disclosed. Response: Hazardous footprint calculations from existing hazardous liquid bulk facilities, as defined by the Port's Risk Management Plan, are not released to the general public due to security/safety reasons expressed by the U.S. Coast Guard. Nevertheless, coastal permits on liquid bulk facilities before the Board of Harbor Commissioners are required to include information on whether the proposed project conforms to the Risk Management Plan. Presently, all existing liquid bulk facilities are consistent with the Risk Management Plan. BUSINESSES Barna Szabo, SA Recycling • Advocates for the PMP to allow for continued dry bulk operations at Berths 210-211, as well as for the possible addition of another wharf available for loading bulk cargo and the construction of an elevated connecting roadway between the two adjacent terminals. Response: The text relative to the potential relocation of SA Recycling was revised to include several options with regard to SA Recycling's existing facility. Under the new text, the existing dry bulk facility may be allowed to remain in its current location and potentially expand its operations, depending upon the operational scheme and acreage requirements for the container terminal expansion, including the elevated connected roadway. The land use plan for SA Recycling and Berths 206-209 are consistent with the options identified in the text, including the elevated roadway, since Berths 210-211 5-328