LAW OFFICE OF JORDAN R. SISSON
P.O. Box 569, Riverside, CA 92502
Jordan R. Sisson, Esq.
March 22, 2022
VIA EMAIL:
City Council Written Communicat 15S M
c/o City Clerk ([email protected]) Item # A Name c/o Genevieve Hernandez ([email protected])
City of Chula Vista 7.1
276 Fourth Avenue
Chula Vista, California 91910
RE: ITEM 7.I: HERITAGE INDUSTRIAL CENTER; APPEAL COMMENTS TO CITY COUNCIL Dear Honorable City Councilmembers:
On behalf of Salvador Abrica and Teamsters Local 542 (collectively "Teamsters" or "Appellant"), this office submits the following comments to the City of Chula Vista ('City") regarding the above-referenced item regarding the development of three industrial shell buildings totaling 201,200 square feet ("SF") of warehouse/office/e-commerce use ("Project") on an |1.6-acre property located near the intersection of Heritage Road and Santa Maya ("Site") proposed by Rockefeller Group ("Applicant"). In furtherance of the Project, Applicant sought and Planning Commission granted a Design Review Permit and Variance Permit (collectively "Entitlements"). In doing so, the Commission determined that, for the purpose of the California Environmental Quality Act ("CEQA"),' the Project was adequately analyzed under a previously certified Environmental Impact Report ("EIR").? In short, The Teamster's appeal centers on the City's failure to conduct additional CEQA review for the Project. Appellants respectfully urge the City to either (a) grant the appeal and deny granting the Entitlements, or if so incline (b) grant the Entitlement subject to the environmental mitigation measures highlighted below (pages 3 and 4) and the proposed operating conditions concerning traffic (page 5).
Generally, CEQA requires additional CEQA documentation to a previously prepared EIR when there is either: (1) substantial changes to a project or (2) circumstances involving the project that result in new or more severe significant impacts; or (3) substantial new information showing either new or more severe significant effects not previously disclosed, or new feasible mitigation measures or alternatives that would substantially reduce significant impacts. (See e.g., CEQA Guidelines §§ 15l62(a) [subsequent EIRs], 15|63(a) [supplemental EIRs], 15164(a) [EIR addendums].) Here, there are at least three reasons to find the need for additional CEQA review. First, the potential use of the Site as a last-mile delivery, e-commerce facility is not speculative given the specific facts about the project size, Applicant, existing relationships with tenants, and the proposed 24 hours per day seven days a week operation.3 This type of use is a modern invention largely created by Amazon after the EIR was prepared. To claim such a use was analyzed before its creation stretches credulity. 'Inclusive of 14 Cal. Code Regs. § 15000 et seq. ("CEQA Guidelines"). 2 Inclusive of final and draft EIR provided by the City in four parts totaling 1960 pages in the combined PDF document available at https://www.dropbox.com/s/jb3zle4q3nw94vg/Combined%20EIR.pdf?dl=0. 3 See Project Plans (https://pub-chulavista.escribemeetings.com/filestream.ashx?Documentld=18979) and Noise Study, PDF p. 4 (https://pub-chulavista.escribemeetings.com/filestream.ashx?Documentld= 18980).
Otay Ranch Project Appeal Comments
March 22, 2022
Second, the Project is a significantly different project that was assumed for the area in 2014.
Nowhere does the EIR mention warehouses or e-commerce facilities or include a vehicle miles traveled (VMT") analysis for industrial uses under the plan. At most, the EIR mentions roughly 28.6 acres of industrial uses in the plan area (i.e., Village Three North/Portion of Village Four), built out over 15 years as with other uses, with light industrial uses generating 90 trips per acre. (See EIR, PDF pp. 490, 624, 711, 952, [EIR pp. I-4, 4-10, 4-97, 5.3-34].) At that rate, the EIR assumed this | 1.6-acre Site would generate 1,044 average daily trips-roughly 5.18 trips per thousand square feet ("KSF") for this 201.2 KSF Project. Here, however, the Project is estimated to generate 1,669 total daily trips or 8.29 trips per KSF. (See Noise Study, p. 26 [fn. 7].) This is a 60 percent increase in daily trips that have never been analyzed and a change in the assumed project for this area. This will result in more noise, traffic, air quality, and other impacts tied to traffic. Clearly, 60 percent more traffic will have a significantly larger VMT profile for this area,4 which has never been assessed under the EIR or now.
Third, as discussed at great length in the Lozeau Drury letter dated February 9, 2022, there has been a significant change in circumstance and new information regarding significant biological, air quality. nd greenhouse gas ("GHG) impacts. (Drury Letter, pp. 5-10.5) Attached to the Dury letter were exper omments by wildlife biology expert Shawn Smallwood, Ph.D., and air quality experts Matt Hagemanr P.G., C.Hg., and Paul E. Rosenfeld, Ph.D., of the Soil/Water/Air Protection Enterprise ("SWAPE"), which construction-related ROG emissions exceed and GHG emissions exceed applicable thresholds, as well as additional mitigation measures available to reduce air/GHG emissions. (See Drury Letter, PDF pp. 35, incorporation of renewable energy features meeting applicable goals under the CEQA Guidelines.6 SWAPE Criteria Air Pollutant Emissions
Construction
Model ROG
(Ibs/day)
SWAPE 237.4
SDAPCD Threshold 137
Exceeds? Yes
" See Drury Letter, PDF p. 65 (experts estimate 2.6 million VMTs for the Project), reliance on renewable energy sources.)
•
Otay Ranch Project Appeal Comments
March 22, 2022
SWAPE Annual Greenhouse Gas Emissions
Project Phase Proposed Project
(MT COZe/year)
Total Construction 603.34
Construction (amortized over 30 years) 20.11
Arca 0.01
Energy 538.92
Mobile 859.28
Waste 125.47
Waicr 212.27
Annual Operational 1,735.95
Total Net Annual GHG Emissions 1,756
Bright-line Threshold 900
Exceeds? Yes
***
• Requiring off road construction equipment to be zero emission, where avariable, and all diesel fueled off road construction equipment, to be equipped with CARB Tier IV comphant engines or better, and including this requirement in applicable bid documents. purchase orders, and contracts, with successful contractors demonstrating the ability to supply the compliant construction equipment for use prior to any ground disturbing and construction activities Prohabiting off-road dresel powered equrpment from being in the "on" position for more than 10 hours per day.
• Requiring on road heavy duty haul trucks to be model year 2010 or newer if diesel fueled ***
• Proding electrical hook ups to the power grid, rather than use of drevel fueled generators. for etectric construction toots, such as sows. drills and compressors. and using electry toots whenever tearble
• Uming the amoun of denty grading desturbance ares
Prohibiting frading on dart with an Air Quality inder torecast of prester than 100 tor particulates or otone for the project area
fartedding ding of heavy equipment for mort than two minute:
Kepping onsite and furrushing to the head agency or other regulators upon request. all equipmene mantenance records and dela sheets, including desen specifications and erassan control ter canufications
Otay Ranch Project Appeal Comments
March 22, 2022
• Conducting an on-site inspection to verity compliance with construction mitigation and to denbly other opportunities to further reduce construction impacts. • Using paints, architectural coatings, and industrial maintenance coatings that have volatie organic compound levels of less than 10 g/l
• Providing information on transit and ndesharing programs and services lo construction employees
• Providing meal options onsite or shuttles between the facility and nearby meal destinations for constructon employees.
• Requering that all farshty owned and operated feel equipment with a gross venkle weight rating greater than 14,000 pounds accessing the site meel or exceed 2010 model-year emissions equivalent engine standards as currently defined in California Code of Regulations Title 13.
Divisson 3. Chapter 1. Article 4 5, Section 2025 Facility operators shall maintain records on site demonstrating compliance with this requrement and shall make records vailable for inspection by the local jurisdiction, air district, and state upon request • Requering all heavy duty vehicies entering or operated on the project site to be rero a mission beginning in 2030
• Requering on site equipment, such as forklifts and yard trucks, to be electric with the necessary electrical charging stations provided
• Forbidding trucks from idling for more than two minutes and requiring operators to turn off engines when not in use
• Installing and maintaining, at the manufacturer's recommended maintenance intervals, der hitration systems at sensitive receptors within a certain radius of facility for the life of the provert.
• Installing and maintaining at the manulacturer's recommended maintenance intervals, an air monitoring station proximate to sensitive receptors and the facity for the life of the proyect. and making the resulting data publicly avalable in real time. While air montoning does not miligate the air qually or greenhouse gas impacts of a lacility, it nonetheless benefits the affected community by providing information that can be used to improve air quality or avoid exposure to unhealthy air
• Constructing electri truck charging stations proportional to the number of dock doors at the project.
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Otay Ranch Project Appeal Comments
March 22, 2022
In sum, the Project as proposed goes beyond what was analyzed in the 2014 EIR. Teamster's respectfully request that the City grants the appeal and withhold the Entitlements until the Applicant has conducted a CEQA-compliant review (e.g., subsequent, supplemental, addendum EIR or project-specific mitigated negative declaration) that analyzes and mitigates for the additional traffic, VMTs, air/GHG emissions associated with the potential use of the Site as a last-mile delivery station and consideration of feasible mitigation measures, especially those highlighted above on page 3 and 4. Absent additional CEQA documentation, the City must properly condition the Project to stay within the confines of what was analyzed and anticipated in the EIR. To this end, the City should consider the following operating conditions to be placed on the Entitlements:
• The 11.6-acre Site shall not exceed 1,044 average daily trips taking appropriate consideration of passenger-car equivalent rates for larger trucks, trailers, and other larger-multi-axle vehicles accessing the Site.
• The Site operator shall monitor daily trip rates in real-time via automated trip counts and video monitoring that will be provided to the City on a monthly or quarterly basis. : Violaten perate sbal cep dain shar de sube rio dof emers aion avatable to the City, including but not limited to revocation of its Entitlements.
Appellants respectfully urge the City to either (a) grant the appeal and deny granting the Entitlements, or if so incline (b) grant the Entitlement subject to the above operational conditions and mitigations highlighted on pages 3 and 4.
Thank you for your consideration. Please place this letter in the administrative record for the Projet.
Sincerely,
LAW. OFFICE OF JORDAN R. SISSON
Jordan R. Sisson
Attorney for Teamsters