MITIGATED NEGATIVE DECLARATION

Transcription

1 MITIGATED NEGATIVE DECLARATION HARBOR BOULEVARD SOUTH ISLAND SPECIFIC PLAN RESPONSE TO COMMENTS Lead Agency: City of Fountain Valley Slater Avenue Fountain Valley, CA (714) Project Proponent: Santa Ana RV Storage, L.P. 130 W. 3 rd Street Tustin, CA (949) Environmental Consultant: Phil Martin & Associates 4860 Irvine Boulevard, Suite 203 Irvine, California (949) February 10, 2016

2 TABLE OF CONTENTS CHAPTER PAGE 1.0 INTRODUCTION AND LIST OF COMMENTERS RESPONSE TO COMMENTS MITIGATION MONITORING PROGRAM APPENDICES APPENDIX A - Caster Properties Letter Harbor Boulevard South Island Specific Plan February 10, 2016 Mitigated Negative Declaration Response to Comments Page i

3 1.0 INTRODUCTION AND LIST OF COMMENTERS

4 1.0.1 INTRODUCTION This Response to Comments document contains the public agency comments received during the public review period of the Mitigated Negative Declaration, a list of the public agencies commenting on the Mitigated Negative Declaration and the responses of the City of Fountain Valley, as the lead agency, to the environmental points that were raised in the public agency comment BACKGROUND Project Location The Harbor Boulevard South Island Specific Plan project totals approximately 6.5 acres and is located at South Harbor Boulevard, along the east side of Harbor Boulevard and north of the Santa Ana River. The project site is divided into three planning areas with a used vehicle storage and used car sales facility in Planning Area 1, the ABC Roofing company in Planning Area 2 and the A-1 Self-Storage facility in Planning Area 3. The project site is surrounded by existing urban development including single-family detached residences to the west, commercial uses to the south and north and the Santa Ana River channel adjacent to and east of the site. Description of Harbor Boulevard South Island Specific Plan The project applicant proposes to construct a self-storage facility on a acre irregularly shaped parcel in the north end of the Specific Plan (Planning Area 1) with 644 self-storage units in two buildings that total 96,733 square feet. The self-storage project proposes 23 parking spaces with 9 spaces adjacent to the customer service office including one accessible parking space, and another 14 spaces on the site behind an automatic gate that will provide site access to the self-storage units. All of the buildings are contemporary in design and include textured masonry, prefinished insulated metal panels, and aluminum glazing on all sides of the building. There will be 3 full time employees the first year with 2 full time and 2 part-time employees after the first year of operation. Planning Areas 1 and 3 can be built to a maximum Floor Area Ratio (FAR) of 1.11 for self-storage use only. All other uses are limited to 0.60 FAR. Planning Area 2 can be built to a maximum FAR of 0.60 for any use. The average FAR for the entire project will be FAR with 250,316 square feet of maximum building area on acres of land PUBLIC CIRCULATION OF MITIGATED NEGATIVE DECLARATION The Mitigated Negative Declaration was circulated for a 20-day public review period pursuant to CEQA Guideline 15105(a) from January 14, 2016 to February 3, The notice of availability of the Mitigated Negative Declaration was filed with the Orange County Clerk Recorder. The Mitigated Negative Declaration is an informational document, intended to disclose the environmental consequences of approving and constructing the proposed Harbor Boulevard South Island Specific Plan project. All written comments received during the 20-day public review period are addressed in this Response to Comments document. Chapter 1 Introduction and List of Commenters 1.0-1

5 1.0.4 RESPONSES Responses to comments received on the Mitigated Negative Declaration during the public review period are presented in Chapter 2, Comments and Responses. The City received one comment letter. The comment letter is numbered at the top and bracketed to indicate how the letter has been divided into individual comments. Each comment is designated a number with the letter number appearing first, followed by the comment number. For example, Letter 1 would have the following format: 1-1. The bracketed letter precedes responses to the letter s comments in Chapter 2 of this Response to Comments. The comment received to the Mitigated Negative Declaration by the City of Fountain Valley has been carefully reviewed. The comment received was evaluated based on environmental issues raised. The information provided in the responses to comments provides clarifications and additional information necessary for the decision makers and the public to understand the environmental consequences of the proposed project and for the decision makers to act on the project. All responses to comments contain a good faith reasoned effort at full disclosure regarding the disposition of these significant environmental issues LIST OF COMMENTERS The following is the only letter received on the Mitigated Negative Declaration with an identifying letter number, the agency that submitted the letter, and the date of letter. A copy of the letter is attached in Appendix A. 1. Letter 1 Brian Caster, Caster Properties, Inc., January 27, MITIGATION MONITORING PROGRAM The Mitigation Monitoring Program for the Harbor Boulevard South Island Specific Plan project includes a description of the requirements of the California Environmental Quality Act, a list of the mitigation measures identified by the Mitigated Negative Declaration and a compliance checklist. The intent of the Mitigation Monitoring Program is to provide a mechanism to prescribe and enforce a means for properly and successfully implementing the mitigation measures as identified within the Mitigated Negative Declaration for the project. The Mitigation Monitoring Program is provided in Chapter 3. Chapter 1 Introduction and List of Commenters 1.0-2

6 2.0 RESPONSE TO COMMENTS

7 Letter 1: Brian Caster, Caster Properties, Inc. Comment A-1 objects to the requirement in the Plan that "[a]ll non-conforming signs, such as billboards and pole signs, shall be removed within 15 years of the approval of this Specific Plan." Plan, at p. 37. Such requirement violates the Outdoor Advertising Act (Bus. & Prof. Code, 5200 et seq.), which provides, among other things, the following protection for owners of advertising displays: [N]o advertising display which was lawfully erected anywhere within this state shall be compelled to be removed, nor shall its customary maintenance or use be limited, whether or not the removal or limitation is pursuant to or because of this chapter or any other law, ordinance, or regulation of any governmental entity, without payment of compensation.... Bus. & Prof. Code, In that regard, the Plan fails to provide the owners of any nonconforming signs any compensation for the forced removal of their signs as required by law. In addition, the requirement in the Plan that all non-conforming signs be removed within fifteen (15) years of approval of the Plan may also violate the First Amendment right to free speech. See, Metromedia v. City of San Diego, 453 U.S. 490 (1981); see also, Central Hudson Gas & Elec. v. Public Svc. Comm'n, 477 U. S. 557 (1980). Response: The comment is noted. The comment does not raise any CEQA issues. Therefore, no response is required by CEQA. Chapter 2 Response to Comments 2.0-1

8 3.0 MITIGATION MONITORING PROGRAM

9 3.0 MITIGATION MONITORING PROGRAM 3.1 Introduction This is the Mitigation Monitoring Program (MMP) for the Harbor Boulevard South Island Specific Plan project. It has been prepared pursuant to the requirements of Public Resources Code which, among other things, states that when a governmental agency adopts or certifies a CEQA document that contains the environmental review of a proposed project, The public agency shall 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. The reporting or monitoring program shall be designed to ensure compliance during project implementation. The City of Fountain Valley is the lead agency for the project, and is therefore, responsible for administering and implementing of the MMP. The decision-makers must define specific reporting and/or monitoring requirements to be enforced during project implementation prior to final approval of the proposed project. 3.2 Monitoring and Reporting Procedures This MMP includes the following information: (1) mitigation measures that will either eliminate or lessen the potential impact from the project; (2) the monitoring milestone or phase during which the measure should be complied with or carried out; (3) the enforcement agency responsible for monitoring mitigation measure compliance; and (4) the initials of the person verifying the mitigation measure was completed and the date of verification. The MMP will be in place through all phases of a project including project design (preconstruction), project approval, project construction, and operation (both prior to and postoccupancy). The City will ensure that monitoring is documented through periodic reports and that deficiencies are promptly corrected. The designated environmental monitor will track and document compliance with mitigation measures, note any problems that may result, and take appropriate action to rectify problems. Each mitigation measure is listed and categorized by impact area, with an accompanying discussion of: The phase of the project during which the measure should be monitored; Project review and prior to project approval During grading or building plan check review and prior to issuance of a grading or building permit On-going during construction Throughout the life of the project The enforcement agency; and The initials of the person verifying completion of the mitigation measure and date. The MMP is provided as Table 3-1 (Mitigation and Monitoring Program). Chapter 3 Mitigation Monitoring Program 3.0-1

10 TABLE 3-1 HARBOR BOULEVARD SOUTH ISLAND SPECIFIC PLAN - MITIGATION MONITORING PROGRAM Impact Level of Significance Prior to Mitigation Mitigation Measures Level of Significance after Mitigation Completed Date/Signature III. AI R Q U AL I T Y A. While PM 10 and PM 2.5 emissions will not cause dust emissions to exceed SCAQMD CEQA thresholds, mitigation through enhanced dust control measures is recommended for use because the air basin has a non-attainment status. PS No. 1 Prior to the start of demolition, grading or construction, to control fugitive dust the project contractor shall implement and maintain through construction the following: Apply soil stabilizers or moisten inactive areas. Prepare a high wind dust control plan. Address previously disturbed areas if subsequent construction is delayed. Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2-3 times/day). Cover all stock piles with tarps at the end of each day or as needed. Provide water spray during loading and unloading of earthen materials. Minimize in-out traffic from construction zone. Cover all trucks hauling dirt, sand, or loose material and require all trucks to maintain at least two feet of freeboard. Sweep streets daily if visible soil material is carried out from the construction site. LS Chapter 3 Mitigation Monitoring Plan 3.0-2

11 B. Ozone precursor emissions (ROG and NOx) are calculated to be below SCAQMD CEQA thresholds. However, because of the regional non-attainment for photochemical smog, the use of reasonably available control measures to control diesel exhaust emissions is recommended. PS No.2 Throughout construction the project contractor shall: Utilize well-tuned off-road construction equipment. Establish a preference for contractors using Tier 3 or better heavy equipment. Enforce 5-minute idling limits for both onroad trucks and off-road equipment. LS V I. G E O L O G Y AN D S O I L S A. Because the project site is located in southern California and a seismically active area, the potential for strong ground motion at the project site is estimated to be 0.567g within 50 years associated with a magnitude 6.9 earth quake along the Newport-Inglewood fault. B. The project could be impacted by liquefaction. PS No. 3 A geotechnical investigation shall be submitted to the City prior to the issuance of a grading permit that identifies the design and construction measures that shall be incorporated into the project to reduce potential strong seismic ground shaking in compliance with the 2013 California Building Code (CBC). PS No. 4 As recommended in the geotechnical investigation and approved by the City Building Official, compaction grouting shall be performed between 5 and 15 feet below ground grade level to correct on-site liquefaction hazards in compliance with the 2013 California Building Code. LS LS Chapter 3 Mitigation Monitoring Plan 3.0-3

12 APPENDIX A Comment Letter

13 Letter 1 1-1