A G E N D A
MEETING OF THE CITY COUNCIL
Monday, October 23, 2023 ~ 7:00 PM
City Council Chambers
211 Eighth Street
Seal Beach, California
THOMAS MOORE
MAYOR
Second District
SCHELLY SUSTARSIC
MAYOR PRO TEM
Fourth District
JOE KALMICK
COUNCIL MEMBER
First District
LISA LANDAU
COUNCIL MEMBER
Third District
NATHAN STEELE
COUNCIL MEMBER
Fifth District
This Agenda contains a brief general description of each item to be considered. No action or discussion shall be taken on any item not appearing on the agenda, except as otherwise provided by law. Supporting documents, including agenda staff reports, and any public writings distributed by the City to at least a majority of the Council Members regarding any item on this agenda are available on the City’s website at www.sealbeachca.gov.
City Council meetings are broadcast live on Seal Beach TV3 and on the City's website (www.sealbeachca.gov). Check the SBTV3 schedule for the rebroadcast of meetings. The meetings are also available on demand on the City’s website (starting 2012).
In compliance with the Americans with Disabilities Act of 1990, if you require disability related modifications or accommodations, including auxiliary aids or services to attend or participate in the City Council meeting, please call the City Clerk's office at (562) 431-2527 at least 48 hours prior to the meeting.
CALL TO ORDER
PLEDGE OF ALLEGIANCE
COUNCIL ROLL CALL
ORAL COMMUNICATIONS
At this time members of the public may address the Council regarding any items within the subject matter jurisdiction of the City Council. Pursuant to the Brown Act, the Council cannot discuss or take action on any items not on the agenda unless authorized by law. Matters not on the agenda may, at the Council' s discretion, be referred to the City Manager and placed on a future agenda.
Those members of the public wishing to speak are asked to come forward to the microphone and state their name for the record. All speakers will be limited to a period of five (5) minutes. Speakers must address their comments only to the Mayor and entire City Council, and not to any individual, member of the staff or audience. Any documents for review should be presented to the City Clerk for distribution.
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS
ORDINANCES
By motion of the City Council this is the time to notify the public of any changes to the agenda and /or rearrange the order of the agenda.
PRESENTATIONS / RECOGNITIONS
• Senator Janet Nguyen Legislative Update
• Introduction of Police Chaplain Kanakis
• Strides for Diabetes Awareness Proclamation
• City of Hope Orange County Presentation by Director of Radiation Oncology Wealthy Villariasa
CITY ATTORNEY REPORT Nicholas Ghirelli, City Attorney
CITY MANAGER REPORT Jill R. Ingram, City Manager
COUNCIL COMMENTS
General Council Member comments and reporting pursuant to AB 1234.
COUNCIL ITEMS – None
CONSENT CALENDAR
Items on the consent calendar are considered to be routine and are enacted by a single motion with the exception of items removed by Council Members.
A. Approval of the October 9, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on October 9, 2023.
B. Demands on City Treasury (Fiscal Year 2024) October 23, 2023 - Ratification.
C. Monthly Investment Report (September 30, 2023) - Receive and file.
D. Authorize an Application for Grant Funds for the California Coastal Commission Local Coastal Program Planning Grant and Receipt of Grant Funds if Awarded - That the City Council adopt Resolution 7459: A.
Approving the application for grant funds related to the California Coastal Commission Local Coastal Program Planning Grant to complete a Local Coastal Program for the City of Seal Beach; and, B. Directing staff to execute all necessary documents to receive and utilize the grant funding; and, C.
Approving Budget Amendment #24-04-03 to increase revenues up to $125,800.
E. Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Dixon Resources Unlimited for Parking Support Services - That the City Council adopt Resolution 7460: 1.
Approving Amendment No. 1 to the Professional Services Agreement with Dixon Resources Unlimited dated June 14, 2021, to authorize Additional Services and to increase the compensation by a one-time increase of $25,650 or $2,850 per month, to the current program management monthly flat-rate fee, for a total monthly cost of $6,600 for the remaining nine (9) months of the contract term and a total not-to-exceed amount of $160,650 for the three-year term; and, 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Agreement.
F. Amendment to Council Policy 100-03 (Council Rules of Procedure) to Place “Approval of Agenda,” Including Removal of Consent Calendar Items, After “Oral Communications” on All City Council, Commission, Committee, and Board Agendas - That the City Council adopt Resolution 7461 to amend Council Policy 100-03 (Council Rules of Procedure) by reordering the agenda to place “Approval of Agenda” and removal of consent calendar items after “Oral Communications” on all City Council, commission, committee, and board agendas.
ITEMS REMOVED FROM THE CONSENT CALENDAR
PUBLIC HEARING
G. General Plan Amendment 19-1 to Change the Land Use Category of the Property at 328 13th Street from Residential High-Density to General Commercial and Zone Change 19-1 of the Property at 328 13th Street from RHD-20 to GC for the Redevelopment of an Existing Chevron Gas Station, to Change the Zone of 324th 13th Street from RHD-20 to RHD-33 in Accordance With SB 330, and to Consider a Negative Declaration for the Project Pursuant to the California Environmental Quality Act (CEQA) -
That the City Council: 1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve General Plan Amendment 19-1 and Zone Change 19-1; and, 2. Approve Resolution 7462 amending the General Plan to change the land use category of 328 13th Street from Residential High Density to General Commercial; and,
3. Introduce, waive full reading, and read by title only Ordinance 1707 an Ordinance changing the zone of 328 13th Street from RHD-20 to GC and changing the zone of 324th 13th Street from RHD-20 to RHD-33; and, 4.
Adopt the Negative Declaration pursuant to CEQA based upon finding that there is no substantial evidence that the general plan amendment and zone change will result in significant adverse environmental impacts.
UNFINISHED / CONTINUED BUSINESS – None
NEW BUSINESS – None
ADJOURNMENT
Adjourn the City Council to Monday, November 13, 2023 at 5:30 p.m. to meet in closed session, if deemed necessary.
Wealthy Villariasa
Director Radiation Oncology at City of Hope Orange County Irvine Cancer Center
• Wealthy has worked in healthcare for the past 24 years, with the last 13 years serving in leadership
• He completed his master’s in HealthCare Administration from USC Sol Price in May 2021
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• Before joining the City of Hope Orange County, he worked at Long Beach MemorialCare for 11 years
• Wealthy has a clinical background and is also a Radiation Therapist earning his degree from Loma Linda University
• Wealthy enjoys spending his spare time with his family including his wife Jennifer, and their two children Ashley (21 yrs. Old), and Nicholas (18 yrs. Old).
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Agenda Item A
AGENDA STAFF REPORT
DATE: October 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Approval of the October 9, 2023 City Council Minutes ________________________________________________________________ SUMMARY OF REQUEST:
That the City Council approve the minutes of the Regular City Council meeting held on October 9, 2023.
BACKGROUND AND ANALYSIS:
This section does not apply.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
No legal analysis is required for this item.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council approve the minutes of the Regular City Council meeting held on October 9, 2023.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D. Harper, City Clerk Jill R. Ingram, City Manager Prepared by: Dana Engstrom, Deputy City Clerk
ATTACHMENTS:
A. Minutes – Regular Session, October 9, 2023
Seal Beach, California
October 9, 2023
The City Council met in regular session at 7:00 p.m. in the City Council Chamber. Council Member Landau led the Pledge of Allegiance.
ROLL CALL
Present: Mayor Moore
Council Members: Kalmick, Landau, Steele, Sustarsic
Absent: None
City Staff: Nicholas Ghirelli, City Attorney
Jill R. Ingram, City Manager
Patrick Gallegos, Assistant City Manager
Michael Henderson, Police Chief
Joe Bailey, Marine Safety Chief
Alexa Smittle, Director of Community Development
Barbara Arenado, Director of Finance/City Treasurer
Iris Lee, Public Works Director
Gloria D. Harper, City Clerk
Craig Covey, Orange County Fire Authority Division 1 Chief Nicholas Nicholas, Police Captain
Michael Ezroj, Police Captain
Kathryne Cho, Deputy Director of Public Works/City Engineer Samuel Funes, Assistant Planner
Tim Kelsey, Recreation Manager
APPROVAL OF AGENDA & WAIVER OF FULL READING OF RESOLUTIONS AND
ORDINANCES
City Clerk Harper indicated five (5) supplemental communications were received after the posting of the agenda that were provided to City Council and made available to the public.
Council Member Steele moved, second by Mayor Pro Tem Sustarsic, to approve the agenda.
AYES: Kalmick, Landau, Moore, Steele, Sustarsic
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
PRESENTATIONS / RECOGNITIONS
• City of Seal Beach Certificate of Recognition from the Municipal Water District of Orange County
• Recognition of Republic Services Southwest Area Municipal Relationship Manager Manuel Gouveia
• Community Oriented Policing (COP) Team Presentation – Officer Kendra Owen, Officer David Rael-Brook and Assistant Planner Samuel Funes • Fire Prevention Week Proclamation – October 8-14, 2023 • Water Professionals Appreciation Week Proclamation – October 7-15, 2023
PUBLIC COMMUNICATIONS
Mayor Moore opened oral communications. Speakers: Susan Perrell, Kori DeLeon, Mike/Susan Goulding. Mayor Moore closed oral communications.
CITY ATTORNEY REPORT
City Attorney Ghirelli had no items to report.
CITY MANAGER REPORT
City Manager Ingram expressed her gratitude to the Council for allowing the closure of City Hall for employees to participate in Staff Development Day. Leadership development and team building was the focus of the day presented by Delwin Lampkin from the California Joint Powers Insurance Authority at no additional cost to the City. She thanked City employees, Deb Machen, Jennifer Robles, Lauren Barich, Dana Engstrom, Kelsey Yonemura, Megan Coats, and Anthony Nguyen for their support in coordinating this wonderful event.
City Manager Ingram provided calendar updates that included the upcoming Seal Beach Tennis and Pickleball Center Ground Breaking event on Wednesday, October 11, 2023 at 4:30pm, the Seal Beach Historical Resources Foundation Open House to showcase the new City Hall exhibit on Thursday, October 12, 2023 from 4:30pm - 6:30pm, the Citizen-Council Parking Advisory Ad Hoc Committee meeting scheduled for Thursday, October 12, 2023 at 5:30pm in the Council Chambers, and the Zoning Code Update Community Outreach meeting to be held on Tuesday, October 17, 2023, at 6:00 pm, in the Council Chambers.
COUNCIL COMMENTS
Council Member Steele indicated that he enjoyed the Huntington Beach Airshow; he apologized to the residents who spoke during public comment regarding the noise from the airshow that affected the residents and their dogs in the College Park East neighborhood. He reported his attendance at the Leisure World Town Hall event, noting it was well attended and thanked staff for their support. Additionally, he reported his attendance at several Golden Rain Foundation meetings. Lastly, he asked those who pray to join him in praying for those in the Middle East.
Council Member Kalmick reported that the Army Corp of Engineers has really stepped up and started talking to the other agencies about the sand replenishment issue in Surfside.
He noted that there has been a request for a shallower donor site which means less dredging and less money and are now waiting on a revised quote from the sole bidder that would be in line with the budget for the project. Additionally, he reported his attendance at the open house for Diversified Technical Systems (DTS), Inc., and gave an overview of the business venture.
Council Member Landau reported her attendance at the Los Alamitos Unified School District’s State of the District Breakfast, noting how proud she is of the District and their employees. Additionally, she inquired about the City of Seal Beach involvement with the Huntington Beach Air Show, and City Manager Ingram responded that the Airshow is a private event that takes place in Huntington Beach to which the City of Seal Beach has no jurisdiction. Council Member Landau indicated that she attended the opening ceremonies for the event and noted that she was overwhelmed with pride. Lastly, she shared the details of a call received from a local business owner who expressed her appreciation for the first responders who extinguished a small fire at the location. She specifically thanked Police Officers Balderama and Garcia for their assistance.
Mayor Pro Tem Sustarsic indicated she was not invited to attend the Huntington Beach Air Show noting she too received a complaint about the intensity of the noise and a possible change in the flight path. She also reported her attendance at a Regional Military Affairs Committee meeting, the Los Alamitos Unified School District State of the District Breakfast, her participation in a West Section Assessment Group comprised of students, teachers, and community members to discuss topics related to the schools’ earning accreditations. Additionally, she reported her attendance at an Orange County Sanitation Operations Committee meeting and had the opportunity to attend A Day at the Dock on the Narissa, noting they pride themselves in being good stewards of the ocean.
Mayor Pro Tem Sustarsic indicated she wasn’t invited to attend the Huntington Beach Air Show noting she too received a complaint about the intensity of the noise and a possible change in the flight path. She also reported her attendance at a Regional Military Affairs Committee meeting, the Los Alamitos Unified School District State of the District Breakfast, she participated in a West Section Assessment Group comprised of students, teachers, and community members to discuss topics in hopes of the school earning accreditations. Additionally, she attended an OC Sans Operations Committee meeting and had the opportunity to attend A Day at the Doc on the Narissa noting they pride themselves in being good stewards of the ocean.
Mayor Moore reported his attendance at the Leisure World Town Hall meeting, and thanked Council Member Steele for moderating and staff for their professionalism.
Additionally, he reported his attendance at the Citizen-Council Parking Advisory Ad Hoc Committee meeting, a Seal Beach Chamber of Commerce meeting, and the DTS Open House tour. Lastly, he thanked City Manager Ingram for putting together Staff Development Day and expressed his support for staff development.
COUNCIL ITEMS
A. Foil Board Presentation - Marine Safety Chief Joe Bailey (Requested by Council Member Landau)
Marine Safety Chief Bailey provided a comprehensive overview of how Marine Safety handles beach management and specifically what the Marine Safety Department is doing to manage foil boards.
Council Members questions were answered. No action was required as this was a presentation and discussion item only.
B. Discussion and Possible Action to Re-Order the Council Meeting Agenda to Place “Approval of Agenda” After “Oral Communications” and to Amend Council Policy 100-03 (Council Rules of Procedure) – Requested by Council Member Landau - That the City Council discuss the agenda order and potential amendment to Council Policy 100-03 (Council Rules of Procedure) as requested by Council Member Landau.
City Clerk Harper provided a brief background on the request by Council Member Landau regarding the possible re-order of the placement of the “Approval of Agenda” and turned the item over to Council Member Landau for further discussion.
Council Member Landau explained the importance of why she is requesting the re-order of the “Approval of Agenda.” There was general discussion from Council Members and questions were addressed by City Attorney Ghirelli.
Council Member Landau moved, second by Mayor Pro Tem Sustarsic to move forward, with future meetings of the City Council, Commissions, Committees, and Boards, re-order the agenda to allow oral communications before approval of the agenda or the option to pull items from the consent calendar and that Council Policy 100-03 Rules of Procedure be revised and memorialized by resolution.
AYES: Kalmick, Moore, Sustarsic, Landau
NOES: None
ABSENT: None
ABSTAIN: Steele
Motion carried
CONSENT CALENDAR
Mayor Pro Tem Sustarsic moved, second by Council Member Landau, to approve the recommended actions on the consent calendar.
C. Approval of the September 25, 2023 City Council Minutes - That the City Council approve the minutes of the Regular City Council meeting held on September 25, 2023.
D. Demands on City Treasury (Fiscal Year 2024) October 9, 2023 - Ratification.
E. Approving and Authorizing Amendment No. 2 to the Professional Services Agreement with Tetra Tech, Inc. for Bolsa Chica Water Well Improvements, CIP WT1603 - That the City Council adopt Resolution 7456: 1. Approving Amendment No. 2 to the Professional Services Agreement dated February 24, 2020, as previously amended by Amendment No. 1 dated May 23, 2022, between the City of Seal Beach and Tetra Tech, Inc., extending the Agreement term to and including June 30, 2026, on the same terms and conditions; and, 2. Authorizing and directing the City Manager to execute Amendment No. 2 on behalf of the City.
F. Homeland Security Grant Program Agreement for Transfer or Purchase of Equipment and Services or for Reimbursement of Training Costs for Fiscal Year 2022 Urban Area Security Initiative (UASI) - That the City Council adopt Resolution 7457 authorizing the City Manager and/or the Chief of Police to execute an agreement and any other documents necessary on the City’s behalf for the transfer or purchase of equipment and services or for reimbursement of training costs for Fiscal Year 2022 Urban Areas Security Initiative (UASI) Homeland Security Grant Program to take any further actions necessary for the purpose of obtaining federal financial assistance provided by the Department of Homeland Security and sub-granted through the State of California and Anaheim and/or Santa Ana Police Departments in its capacity as the Core City for the Anaheim/Santa Ana Urban Area Security Initiative.
The vote below is for all the Consent Calendar Items:
AYES: Kalmick, Moore, Sustarsic, Landau, Steele
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ITEMS REMOVED FROM THE CONSENT CALENDAR
There were no items removed from the consent calendar.
PUBLIC HEARING
There were no public hearing items.
UNFINISHED/CONTINUED BUSINESS
There were no unfinished/continued business items.
NEW BUSINESS
G. Increase to Beach Lot Parking Rates and Authorization to Submit Coastal Development Permit Application to California Coastal Commission for Beach Lot Parking Rate Increases - That City Council adopt Resolution 7458: 1. Authorizing the submittal of the Coastal Development Permit application to increase beach parking lot rates by 50 percent; and, 2. Directing staff to take all necessary actions to obtain approval from the California Coastal Commission and implement the new rates upon receiving a Coastal Development Permit.
Captain Nicholas provided a comprehensive background on the staff report and addressed Council Member questions.
Council Member Landau moved, second by Council Member Kalmick to proceed with the beach lot rate increase submission to the California Coastal Commission along with the additional verbiage adding Section 3 to Resolution 7458 with the following “the new parking rate shall not take effect until the City Council approves the effective date following the Coastal Commission’s approval.”
AYES: Kalmick, Steele, Moore, Sustarsic, Landau
NOES: None
ABSENT: None
ABSTAIN: None
Motion carried
ADJOURNMENT
Mayor Moore adjourned the City Council meeting at 9:25 p.m. to Monday, October 23, 2023, at 5:30 p.m. to meet in Closed Session if deemed necessary. __________________________
Gloria D. Harper, City Clerk
City of Seal Beach
Approved: ___________________________
Thomas Moore, Mayor
Attested: ____________________________
Gloria D. Harper, City Clerk
Agenda Item D
AGENDA STAFF REPORT
DATE: October 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: Authorize an Application for Grant Funds for the California Coastal Commission Local Coastal Program Planning
Grant and Receipt of Grant Funds if Awarded
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7459:
A. Approving the application for grant funds related to the California Coastal Commission Local Coastal Program Planning Grant to complete a Local Coastal Program for the City of Seal Beach; and,
B. Directing staff to execute all necessary documents to receive and utilize the grant funding; and,
C. Approving Budget Amendment #24-04-03 to increase revenues up to $125,800.
BACKGROUND AND ANALYSIS:
The California Coastal Commission has made grant funding available to support local governments seeking to develop or update Local Coastal Programs (LCPs) pursuant to the California Coastal Act. New funding was recently allocated for these grants, specifically to support LCPs in areas that are not currently certified, or areas updating LCPs to reflect new information and changed conditions.
The City previously received Coastal Commission grant funding, which supported the development of the first half of the LCP, known as the Land Use Plan. The second component of an LCP is the Implementation Plan, which has not yet been drafted. Staff has prepared an application in response to the California Coastal Commission LCP Planning Grant Program Announcement for assistance with the Implementation Plan and ultimately completion of the entire LCP. The application requests a grant amount of $125,800 from the California Coastal Commission. If awarded, staff proposes to continue the City’s project efforts with Michael Baker International, who is already under contract with the City for the LCP and prepared
the Draft Land Use Plan, currently being reviewed by Coastal Commission staff.
The grant application includes a work program that includes not only community outreach and drafting of the document, but anticipates involvement with Coastal Commission staff throughout the development of the Local Coastal Program. Staff would expect to bring a contract amendment to the City Council for the work of Michael Baker International subsequent to a grant award.
The attached Resolution provides the California Coastal Commission with confirmation that the City Council is aware of the application and approves of staff’s request of grant funds for the Seal Beach LCP. The Resolution authorizes the Community Development Director of the City of Seal Beach to sign and submit the application on behalf of the City of Seal Beach.
In the event that the City is awarded a grant from the California Coastal Commission, the Resolution authorizes the City Manager to sign a contract agreement accepting funding from the California Coastal Commission.
ENVIRONMENTAL IMPACT:
The proposed submittal of the grant application does not constitute a project and therefore is exempt from the State of California Environmental Quality Act (CEQA) Guidelines pursuant to Section 15061(b)(3). Prior to City Council adoption of an LCP, a review will be conducted pursuant to CEQA, however, the proposed submittal of the grant application will not involve any development or change to the physical environment and therefore, no further review under CEQA is warranted or necessary.
LEGAL ANALYSIS:
This item has been reviewed and approved as to form.
FINANCIAL IMPACT:
If awarded grant funds in the amount of $125,800 from the California Coastal Commission, staff will utilize the funds for the continued creation, adoption and certification of the Local Coastal Program. To facilitate this, staff is requesting Budget Amendment #24-04-03 adding $125,800.
Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (Diff)
Amendment
Local Coast Grant 217-300-0331-42400 $0 $125,800 $125,800 Local Coast Grant 217-300-0331-51280 $0 $125,800 $125,800 STRATEGIC PLAN:
Completion of the LCP is identified as a priority in the City Council’s Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7459:
A. Approving the application for grant funds related to the California Coastal Commission Local Coastal Program Planning Grant to complete a Local Coastal Program for the City of Seal Beach; and,
B. Directing staff to execute all necessary documents to receive and utilize such grant funding; and,
C. Approving Budget Amendment #24-04-03 to increase revenues up to $125,800.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Megan Coats, Management Analyst
ATTACHMENTS:
A. Resolution 7459
B. Grant Application
RESOLUTION 7459
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING THE APPLICATION FOR AND RECEIPT OF
GRANT FUNDS FOR THE CALIFORNIA COASTAL
COMMISSION LOCAL COASTAL PLAN PLANNING
GRANT TO COMPLETE THE SEAL BEACH LOCAL
COASTAL PROGRAM
WHEREAS, the Budget Act of 2021, provides up to $31 million to support the Coastal Commission’s LCP Local Assistance Grant Program which awards grants to local governments to support coastal resiliency and Local Coastal Programs (LCPs); and, WHEREAS, the California Coastal Commission, under the authority of the California Coastal Act, may provide financial assistance to support coastal planning and has approved a grant program to provide such financial assistance for LCP planning; and, WHEREAS, the goal of the grant program is to develop new or updated LCPs in conformance with the California Coastal Act and to promote coastal resiliency and address the effects of climate change; and,
WHEREAS, grant proposals submitted under this grant program must complete Local Coastal Program (LCP) planning work with special emphasis on coastal resiliency and addressing the effects of climate change and sea-level rise; and, WHEREAS, the City of Seal Beach, does not yet have a certified LCP; and, WHEREAS, the City of Seal Beach desires to pursue a project that would result in the completion and submittal for certification by the California Coastal Commission of an LCP; and,
WHEREAS, the City of Seal Beach commits to and agrees to fully support a planning effort intended to complete a certified LCP pursuant to the provisions of the California Coastal Act, with full public participation and coordination with the Coastal Commission staff.
NOW, THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY RESOLVE:
1. City of Seal Beach staff is directed to submit the grant application package to the California Coastal Commission to provide financial and planning assistance, under authority of the California Coastal Act, in the amount of $125,800 to fund the project more particularly described in the grant application package.
2. The City Manager of the City of Seal Beach, or designee, is directed to execute, in the name of the City of Seal Beach, all necessary applications, contracts and agreements and amendments thereto to implement and carry out the grant application package attached hereto and any project approved through approval of the grant application.
3. Budget Amendment #24-04-03 shall be implemented upon award of grant funds as shown.
Description Account Revised/Adopted
Budget
Proposed
Budget
Budget (Diff)
Amendment
Local Coast Grant 217300-0331-42400 $0 $125,800 $125,800 Local Coast Grant 217300-0331-51280 $0 $125,800 $125,800 PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of October, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7459 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of October, 2023.
Gloria D. Harper, City Clerk
City of Seal Beach
LCP Grant Application
September 20, 2023
APPLICATION FORM
APPLICANT INFORMATION
Applicant name (agency): City of Seal Beach
Address: 211 8th Street, Seal Beach, CA 90740
Primary Contact name: Alexa Smittle Title: Community Development Director Telephone: (562) 431-2527 x 1313 Fax:
Email: [email protected]
Federal Tax ID#: 95-6000794
Person authorized to sign grant agreement, amendments, and Request for Funds:
Name: Jill R. Ingram Title: City Manager
Telephone: (562) 431-2527 x 1300 Email: [email protected]
PROJECT INFORMATION
Project Title: Seal Beach Local Coastal Program – Land Use Plan Finalization, Local Implementation Plan Preparation, and Project Management LCP/LCP Segment: Adoption and Certification of the Updated Local Coastal Program Project Location
City/Geographic area: Seal Beach
County: Orange
Project Timeline
Start date: 12/01/2023 End date: 06/01/2025
Signature: Date: 10/2/2023____________
City of Seal Beach
LCP Grant Application
September 20, 2023
PROJECT WORK PLAN, SCHEDULE, AND BUDGET
City of Seal Beach
Local Coastal Plan Seal Beach
Federal Tax ID#: 95-6000794
Budget Summary: $125,800
Term of Project: 19 Months
PROJECT DESCRIPTION
The City of Seal Beach will continue with the existing consultant, Michael Baker International for the continued development and certification of a Local Coastal Plan (LCP). Michael Baker International will develop the land use plan finalization, implementation plan preparation and finalization, and project management.
PROJECT TASKS
Task 2: Land Use Plan – Finalization
The Administrative Draft Land Use Plan (including all applicable exhibits) was electronically submitted to Coastal Commission for review in December 2019 and May 2023 for review and comment. The City and consultant shall coordinate with Coastal Commission on staff revisions to Land Use Plan text, policies, and graphics. Based on our previous experience with CCC review of Seal Beach LCP deliverables, we assume a minimum of two rounds of review and response to comment will be required prior to finalizing the Land Use Plan. The consultant will support City staff with one study session with the City Council and one study session with the Planning Commission to discuss the preparation process of the LUP, along with key findings from both deliverables.
- Task 2.1: Administrative Draft Land Use Plan
- Task 2.4: Response to 2nd Round of Coastal Commission Review and Comment - Task 2.5: Planning Commission/City Council Study Session Task 3: Implementation Plan Preparation and Finalization An Implementation Plan shall be prepared for review and incorporation into the Final Local Coastal Program, based on Land Use Policies as finalized under Task 2 of this grant. The City seeks to integrate the Implementation Plan as part of the Seal Beach Municipal Code. The Implementation Plan will establish a Coastal Development Permit Ordinance to identify procedures for processing permits at the local level following Local Coastal Program certification.
Additionally, the Implementation Plan will incorporate regulations from existing Specific Plans within the Coastal Zone. The consultant will prepare an administrative draft for two rounds of City of Seal Beach
LCP Grant Application
September 20, 2023
City review and comment, prior to preparing the public review draft Implementation Plan. The Administrative Draft Implementation Plan shall be electronically submitted to Coastal Commission for a 90-day review and comment period. Simultaneously, the Implementation Plan shall be electronically posted and noticed for public review and comment. The consultant will provide support and responses to an additional round of CCC review/comment on the Implementation Plan. Based on our previous experience with CCC review of Seal Beach LCP deliverables, we assume a minimum of two rounds of review and response to comment will be required prior to finalizing the Implementation Plan. Our previous scope of work (Task 3.2) assumed one round of review/comment, and the new Task 3.4 includes Michael Baker support and responses to secondary round of review/comment. The City and consultant shall facilitate one study session with the City Council and one study session with the Planning Commission to discuss the preparation process of the Implementation Plan, along with key findings from the deliverables.
- Task 3.1: Prepare Administrative Draft Implementation Pan - Task 3.2: Prepare Public Review Draft Implementation Plan - Task 3.4: Response to 2nd Round of Coastal Commission Review/Comment - Task 3.5: Planning Commission/City Council Study Session Task 6: Project Management
The City and consultant will prepare and submit quarterly grant reports tracking milestone progress and completion. Once per quarter, the consultant shall provide an electronic summary document outlining task progress, key submittals, and other project notes to the City for review.
Additionally, the City and consultant will prepare meeting collateral, including agenda, meeting minutes, and other materials required for discussion. This task assumes a maximum of eight internal coordination meetings.
- Task 6.1: Invoicing and Quarterly Reporting
- Task 6.2: Internal Coordination and Meetings
PROJECT SCHEDULE
19 Months
TASK TIMELINE
Task 2. Land Use Plan – Finalization Month 1 – Month 5
Task 2.1: Administrative Draft Land Use Plan Month 1 – Month 3 Task 2.4: Response to 2nd Round of Coastal Commission
Review and Comment Month 3 – Month 4
Task 2.5: Planning Commission Study Session Month 4 – Month 5 Task 2.5: City Council Study Session Month 4 – Month 5
Outcome/Deliverables:
a. CCC Land Use Plan Review Period
b. Public Review Draft Land Use Plan
a. Month 3
b. Month 4
City of Seal Beach
LCP Grant Application
September 20, 2023
Task 3. Implementation Plan Preparation and Finalization Month 1 – Month 19 Task 3.1: Prepare Administrative Draft Implementation Plan Month 1 – Month 10 Task 3.2: Prepare Public Review Draft Implementation Plan Month 10 – Month 14 Task 3.4: Response to 2nd Round of Coastal Commission
Review and Comment Month 14 – Month 17
Task 3.5: Planning Commission Study Session Month 17 – Month 19 Task 3.5: City Council Study Session Month 17 – Month 19 Outcome/Deliverables:
a. Administrative Draft Implementation Plan
b. Public Review Draft Implementation Plan
c. Public Comment and Revision Summary
a. Month 10
b. Month 14
c. Month 17
Task 6. Project Management Month 1 – Month 19
Task 6.1: Invoicing and Quarterly Reporting Month 1 – Month 19 Task 6.2: Internal Coordination and Meetings Month 1 – Month 19
BENCHMARK SCHEDULE
ACTIVITY COMPLETION DATE
CCC Land Use Plan Review Period Month 3
Public Review Draft Land Use Plan Month 4
Administrative Draft Implementation Plan Month 10
Public Review Draft Implementation Plan Month 14
Public Comment and Revision Summary Month 17
BUDGET
Funding Request: $125,800
City of Seal Beach CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
LABOR COSTS1
County/City Staff Labor
Task 2 – Land Use Plan
Finalization - - $0
Task 3 – Implementation Plan
Preparation and Finalization - - $0
Task 6 – Project Management - - $0
Total Labor Costs $0 $0 $0
1 Amount requested should include total for salary and benefits.
City of Seal Beach
LCP Grant Application
September 20, 2023
City of Seal Beach CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
DIRECT COSTS
County/City Staff Project Supplies
A - - $0
Total $0 $0 $0
County/City Staff Travel In State2
Mileage - - $0
Hotel, etc. - - $0
Total $0 $0 $0
Consultants3/Partners
Task 2 – Land Use Plan
Finalization $49,720 - Total $49,720
Task 2.1: Administrative Draft
Land Use Plan $25,740 - -
Task 2.4: Response to 2nd
Round of Coastal Commission
Review/Comment
$14,600 - -
Task 2.5: Planning
Commission/City Council
Study Session
$9,380 - -
Task 3 – Implementation Plan
Preparation and Finalization $50,760 - Total $50,760
Task 3.1: Prepare
Administrative Draft
Implementation Plan
$18,680 - -
Task 3.3: Prepare Public
Review Draft Implementation
Plan
$8,100 - -
Task 3.4: Response to 2nd
Round of Coastal Commission
Review/Comment
$14,600 - -
Task 3.5: Planning
Commission/City Council
Study Session
$9,380 - -
Task 6 – Project Management $20,320 - Total $14,160
Task 6.1: Invoicing and
Quarterly Reporting $6,400 - -
2 Travel reimbursement rates are the same as similarly situated state employees. 3 All consultants must be selected pursuant to a bidding and procurement process that complies with all applicable laws.
City of Seal Beach
LCP Grant Application
September 20, 2023
City of Seal Beach CCC Grant Total Match/Other
Funds
Total (LCP Grant
Funds + Match/
Other Funds)
Task 6.2: Internal
Coordination and Meetings $13,920 - -
Consultants Total Subtotal $120,800 Subtotal $0 Subtotal $120,800 Consultants Direct Costs $5,000 $5,000
Total Direct Costs DC Total $125,800
OVERHEAD/INDIRECT COSTS4
Total County/City Staff
Overhead/Indirect Costs $0 $0 $0
TOTAL PROJECT COST $125,800 $0 $125,800
4 Indirect costs include, for example, a pro rata share of rent, utilities, and salaries for certain positions indirectly supporting the proposed project but not directly staffing it. Amount requested for indirect costs should be capped at 10% of amount requested for “Total Labor.”
Agenda Item E
AGENDA STAFF REPORT
DATE: October 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Michael Henderson , Chief of Police
SUBJECT: Approving and Authorizing Amendment No. 1 to the Professional Services Agreement with Dixon Resources
Unlimited for Parking Support Services
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7460:
1. Approving Amendment No. 1 to the Professional Services Agreement with Dixon Resources Unlimited dated June 14, 2021, to authorize Additional Services and to increase the compensation by a one-time increase of $25,650 or $2,850 per month, to the current program management monthly flat-rate fee, for a total monthly cost of $6,600 for the remaining nine (9) months of the contract term and a total not-to-exceed amount of $160,650 for the three-year term; and,
2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Agreement.
BACKGROUND AND ANALYSIS:
In July 2017, Dixon Resources Unlimited (Dixon) was hired as the Parking Project Manager. In July of 2019, Dixon was retained by the City for on-call parking support services. Due to COVID-19, the progression of the parking improvement projects slowed resulting in a contract term extension from June 2020 to June 2021.
Subsequently, pursuant to Resolution 7163, the City and Dixon entered into a new Professional Services Agreement for a 36-month term effective June 14, 2021, and ending June 30, 2024 (“Agreement”). The current Agreement authorizes compensation in the not-to-exceed amount of $3,750 per month for a total not-toexceed compensation of $135,000 for the three-year term.
The City has implemented several parking improvement projects which include the web-based parking application that manages virtual parking permits for all parking passes, the use of Automated License Plate Readers for enforcement, and
electronic parking citations. There remains a significant number of ongoing projects which includes discussions with the Coastal Commission on Parking Regulations related to timed and metered parking in and around the coastal access, shared parking agreements between Rossmoor Center, parking agreements for So. Cal Shipping, DCOR, and CRC, and new policies for timed parking within the beach lots for coastal access.
The expansion of work includes the Citizen-Council Parking Advisory Ad Hoc Committee, Coastal Development Permit support, Monthly Reporting/Rapid License Plate Reader Report, stakeholder engagement, public outreach, and other support, as directed by the City Council has expanded the original scope of work.
Amendment No. 1 is intended to secure the additional services to assist with on-going parking challenges and provide on-call support services as needed. The Agreement will remain in effect through June 30, 2024.
ENVIRONMENTAL IMPACT:
The item is not subject to the California Environmental Quality Act (CEQA) pursuant to section 15061 (b)(3) of the CEQA Guidelines because it can be seen with certainty that the approval of the amendment of the Professional Service Agreement with Dixon Resources Unlimited will not have a significant effect on the environment.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the Agreement and resolution as to form.
FINANCIAL IMPACT:
The contract amendment will increase the Public Safety Parking Enforcement Contract Professional FY 2023-24 Budget by $25,650 to accommodate an increase of $2,850 per month to the current program management model flatmonthly fee for the remaining nine (9) months of the contract term. Budget Amendment BA #24-04-02 will allocate $25,650 from the General Fund Reserve.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
Description Account
Revised/Adopted
Budget
Proposed
Budget
Budget (diff)
Amendment
General Fund 101-210-0025-51280 $ 192,000 $ 217,650 $ 25,650
RECOMMENDATION:
That the City Council adopt Resolution 7460:
1. Approving Amendment No. 1 to the Professional Service Agreement with Dixon Resources Unlimited dated June 14, 2021, to authorize Additional Services and to increase the compensation by a one-time increase of $25,650 or $2,850 per month, to the current program management monthly flat-rate fee, for a total monthly cost of $6,600 for the remaining nine (9) months of the contract term, for a total not-to-exceed amount of $160,650 for the three-year term; and,
2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Agreement.
SUBMITTED BY: NOTED AND APPROVED:
Michael Henderson Jill R. Ingram
Michael Henderson , Chief of
Police
Jill R. Ingram, City Manager
Prepared by: Nick Nicholas, Support Services Captain
ATTACHMENTS:
A. Resolution 7460
B. Professional Services Agreement between Dixon Resources Unlimited and the City of Seal Beach Amendment No. 1
C. Professional Services Agreement between Dixon Resources Unlimited and the City of Seal Beach dated June 14, 2021
RESOLUTION 7460
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING AMENDMENT NO. 1 TO THE PROFESSIONAL
SERVICES AGREEMENT WITH DIXON RESOURCES
UNLIMITED DATED JUNE 14, 2021, TO AUTHORIZE
ADDITIONAL SERVICES AND TO INCREASE THE
COMPENSATION BY A ONE-TIME INCREASE OF $25,650 OR
$2,850 PER MONTH TO THE CURRENT PROGRAM
MANAGEMENT MONTHLY FLAT-RATE FEE, FOR A TOTAL
MONTHLY COST OF $6,600 DURING THE REMAINING NINE (9)
MONTHS OF THE CONTRACT TERM AND A TOTAL NOT-TOEXCEED AMOUNT OF $160,650 FOR THE THREE-YEAR TERM.
WHEREAS, the City previously entered into a Professional Services Agreement with Dixon Resources Unlimited for the provision of parking management consulting services for the Seal Beach Police Department; and, WHEREAS, the current scope of service provided by Dixon Resources Unlimited has been exceeded by increased demands for services related in part to the creation of the Citizen-Council Parking Ad Hoc Advisory Committee and other scheduled meetings and services.
NOW, THEREFORE, the Seal Beach City Council does resolve, declare, determine, and order as follows:
Section 1. Approving Amendment No. 1 to the Professional Services Agreement to the Professional Services Agreement with Dixon Resources Unlimited dated June 14, 2021 as set forth in Exhibit B to the staff report accompanying this Resolution; and, Section 2. Authorizing and directing the City Manager to execute Amendment No. 1 to the Agreement.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of October, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7460 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of October, 2023.
Gloria D. Harper, City Clerk
AMENDMENT NO. 1
PROFESSIONAL SERVICES AGREEMENT
for
Parking Management Support Services
between
City of Seal Beach
211 - 8th Street
Seal Beach, CA 90740
&
Dixon Resources Unlimited
3639 Midway Drive Suite 8345
San Diego, CA 921 10
(213)716-6933
This Amendment No. '1
, dated October 23, 2023, amends that certain Professional Services Agreement ("Agreement") dated June 14, 2021 , by and between the City of Seal Beach ('City"), a California charter city, and Dixon Resources Unlimited ("Consultant"), a California corporation.
1 J E AI
t
O
I
t
N T\
RECITALS
A. City and Consultant are parties to the Agreement pursuant to which Contractor provides parking management support services for compensation in the notto-exceed amount of $3,750 per month for 36 months, or a total not-to-exceed amount of $45,000 per year and a total not-to-exceed amount of $135,000 for the three-year term.
B. City and Consultant wish to amend the Agreement, by this Amendment No. 1, for Consultant to provide additional parking services and to increase Consultant's compensation for such additional services by a total of $25,650, or a not-to-exceed amount of $6,600 per month, for the remaining nine months of the Term, as provided herein.
AMENDMENT NO. 1
Section 1. Section 1.0 (Scope of Services) of this Agreement is hereby amended to add Subsection 1 .1 .1 to read as follows:
" 1.1 .1 For the remaining nine months of the third year of the Original Term extending from October 1,2023 to and including June 30, 2024 ("Remaining Term"), Consultant shall provide the Services (Exhibit A) and those additional services set forth in the attached Exhibit A-1 (Dixon Resources Unlimited Change Order Request for Expanded Parking Management Support Services, dated September 14, 2023), which are hereby incorporated by this reference. To the extent there is any conflict between Exhibit A, Exhibit A-1 , the Agreement dated June 14, 2021 , and Amendment No. 1, Amendment No. 1 shall control." Section 2. Section 3.0 (Consultant's Compensation) of this Agreement is hereby amended in its entirety to read as follows:
"3.0 Consultant's Compensation
3.1 For the first 27 months of the Term, extending from the Effective Date through and including September 30, 2023, City will pay Consultant in accordance with the rates shown on the "Option #1 cost proposal" set forth on pages 2-3 of Exhibit A for flalrate Services at a rate of $3,750 per month. ln no event will the City pay more than $45,000 per year or $101,250 for said 27 months.
3.2 For the Remaining Term (as defined in Subsection 1.1.1)' City will pay Consultant in accordance with the hourly rates shown on the fee schedule as set for in Exhibit A for services, and Exhibit A-1 for Additional Services, but in no event will the City pay more than the total not-to-exceed amount of $6,600 per 2 NOW, THEREFORE and in consideration of the foregoing and of the mutual covenants and promises herein set forth, the parties agree to amend the Agreement as follows:
month or the total not{o-exceed amount of $59,400 for the Remaining Term, and a total not-to-exceed amount of $160,650 for the three-year term.
3.3 Any additional work authorized by the City pursuant to Section 1.4 will be compensated in accordance with the fee schedules set forth in Exhibit A and Exhibit A-1 and shall not exceed the amount approved by the City Council at the time of the award."
Section 3. All references to the term "Agreement" throughout Sections 1.0 through 34.0, inclusive, of the Agreement are hereby modified to also include this Amendment No. 1 dated October 9,2023, as if all those terms are fully set forth therein.
Section 4. Exce pt as expressly modified or supplemented by this Amendment No. 1, all other provisions of the Agreement shall remain unaltered and in full force and effect. ln the event of a conflict between the provisions of this Amendment No. 1 and the provisions of the Agreement, the provisions of this Amendment No. 1 shall control.
Section 5. The persons executing this Amendment No. 1 on behalf of Consultant each warrant that he or she is each duly authorized to execute this Amendment No. 1 on behalf of said Party and that by his or her execution, Consultant is formally bound to the provisions of this Amendment No. '1 .
3 lN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 1 to be executed and attested by their proper offlcers thereunto:
CITY OF SEAL BEACH CONSULTANT: DIXON RESOURCES
UNLIMITE a California corporation
By: I
Jill R. lngram, City Manager
Attest:
By:
Gloria D. Harper, City Clerk
Approved as to Form:
Nrcholas Ghirelli, City Attorney
By:
Name:
Its:
(Please note, two signatures rcquircd for coeoralions
undet Corp. Code S37e unbss corporate documents
authorize only one person to sl)n this Agreement on
behalf of the corporation.)
By:
Name:
Its:
Julie Dixon
President
4 By:
EXHIBIT A.1 FOR AMENDMENT NO, 1 -
CONSULTANT's Additional Services
[Dixon Resources Unlimited Change Order Request for Expanded Parking Management Support Services, dated September 14,20231
5
Change Order Request for Expanded Parking Management
Support Services
To: Michael Henderson, Police Chief
From: Dixon Resources Unlimited
Date: September 14, 2023
Subject: Change Order Request for Expanded Parking Management Support Services for the City of Seal Beach
Change Order Request
Dixon Resources Unlimited (DIXON) has continued to provide parking consultant services to the City of Seal Beach (City) since 2017. DIXON has received direction from the Citizen-Council Parking Advisory Ad Hoc Committee for additional services and we have prepared this Change Order to expand the project scope of work and request additional funding to provide support for the following services, including but not limited to, assisting with the City’s Coastal Development Permit Application, community outreach, coordinating stakeholder engagement and associated on-site meetings, and additional data analysis.
Due to the expanded scope of work and increased on-site requirements, DIXON is requesting a one-time budget increase of $25,650 to accommodate an increase of $2,850 per month to the current program management monthly flat-rate fee.
The expanded scope of work is detailed below:
Parking Management Support Services
DIXON will work at the City’s direction to provide parking management support to optimize and maintain the City’s parking operation. Services may include, but are not limited, to the following areas: paid parking, enforcement optimization, permit management, occupancy, contract review, vendor management, Coastal Development Permit development and application support, stakeholder engagement, community outreach, presentation development support, attendance at Citizen-Council Parking Advisory Ad Hoc Committee meetings, marketing support, revenue reconciliation, and other parking management impacts that may arise throughout the City.
DIXON will work as directed by the City to support the parking operation. Possible deliverables may include, but are not limited to the following:
1. Coastal Development Permit Support – DIXON will support and coordinate the development and application for a Coastal Development Permit (CDP) with the California Coastal Commission, to adjust paid parking and permit rates. DIXON will compile a comprehensive package to submit to the Commission and support the City through the approval process.
2. Monthly Reports/Rapid LPR Report – DIXON will continue to provide comprehensive reports to the City as desired. This includes occupancy reports utilizing LPR analysis. DIXON’s Rapid LPR Report leverages your existing mobile LPR data without the use of designated routes. Rather than invest in dedicated data collection methods, we will utilize the information that is already available to you. DIXON will convert your existing LPR data and create exportable dashboards that will reflect up-to-date parking conditions for any target area. We will provide visualizations of parking occupancy and turnover so you can remain smart and adaptive for important policy decisions. The tool can also monitor parking enforcement efficiency and optimize enforcement resources by identifying locations that may require additional monitoring.
Rapid LPR Reports can include:
- Monthly report of average occupancy rate by block, by day of the week, and by time of day (table & graphical data representations)
- Monthly turnover rate by total number observed, length of stay, and time of day (table & graphical data representations)
3. Parking Advisory Ad Hoc Committee Support including Stakeholder Engagement and Public Outreach Support - DIXON will support the City’s ongoing public outreach efforts in coordination with and as directed by the Citizen-Council Parking Advisory Ad Hoc Committee.
Support may include, but is not limited to, development of presentation and marketing materials, community outreach including Old Town surveys, and facilitation of on-site community meetings.
4. Additional Services - DIXON will work with the City to support additional services as identified, such as contract review and vendor management. Support terms will be mutually agreed upon between both parties.
DIXON will work at the City’s direction to continue to provide parking management support services to address the City’s evolving priorities and ongoing needs.
Julie Dixon, President, will serve as the main point of contact/project manager for the City and will be directly assisted by other DIXON project support staff as required. Julie will be responsible for community outreach, stakeholder engagement, and direct involvement with the City.
Proposed Budget Adjustment
DIXON requests a budget adjustment of $25,650 to accommodate an increase of $2,850 per month to the current program management model flat-monthly fee, for a total monthly cost of $6,600 per month during the remaining nine (9) months of the contract term.
The program management model is both inclusive and adaptive and will continue to provide the City with the direct support needed to ensure an efficient and optimized parking operation, especially for the long term. The rates presented below are inclusive for performing the services necessary to accomplish the City’s objectives, and they incorporate all DIXON staff costs and any travel/incidental expenses required to produce the deliverables under the contract. The City will be invoiced monthly at one consistent flat monthly rate. We have supported enough similar projects to understand the labor required to support your initial, ongoing, and developing needs.
This approach allows for flexibility, optimization, and convenience regardless of the phase or task.
DIXON Program Management Pricing Model
Time Period Flat Monthly Fee
Months 1-27 $3,750
Months 28-36 $6,600
Total Budget (36 months from Contract Date) $160,650
PROFESSIONAL SERVICES AGREEMENT
between
City of Seal Beach
211 8th Street
Seal Beach, CA 90740
Iro
Dixon Resources Unlimited
3639 Midway Drive Suite B345
San Diego, CA 92110
213-716-6933
This Professional Service Agreement (" the Agreement") is made as of June 14 2021 the " Effective Date"), by and between Dixon Resources Unlimited (" Consultant"), a California Corporation, and the City of Seal Beach (" City"), a California charter city, collectively, " the Parties").
S7296 - 000112500342v 1. doc
RECITALS
A. City desires certain professional services.
B. Consultant represents that it is qualified and able to provide City with such services.
NOW THEREFORE, in consideration of the Parties' performance of the promises, covenants, and conditions stated herein, the Parties hereto agree as follows.
AGREEMENT
1. 0 Scope of Services
1. 1. Consultant shall provide those services (" Services") set forth in the Consultant' s Proposal, attached hereto as Exhibit A. To the extent that there is any conflict between Exhibit A and this Agreement, this Agreement shall control.
1. 2. Consultant shall perform all Services under this Agreement in accordance with the standard of care generally exercised by like professionals under similar circumstances and in a manner reasonably satisfactory to City.
1. 3. In performing this Agreement, Consultant shall comply with all applicable provisions of federal, state, and local law.
1. 4. Consultant will not be compensated for any work performed not specified in the Scope of Services unless the City authorizes such work in advance and in writing. The City Manager may authorize extra work to fund unforeseen conditions up to the amount approved at the time of award by the City Council. Payment for additional work in excess of this amount requires prior City Council authorization.
2. 0 Term
This term of this Agreement shall commence as of the Effective Date and shall continue for a term of 36 months ( 3 years) unless previously terminated as provided by this Agreement.
3. 0 Consultant' s Compensation
3. 1. City will pay Consultant in accordance with the rates shown on the Option # 1 cost proposal set forth on pages 2- 3 of Exhibit A for flat -rate Services at a rate of $ 3, 750 per month for 36 months. In no event will the City pay more than 45, 000 per year or $ 135,000 for the three year term of this Agreement. Any additional work authorized by the City pursuant to Section 1. 4 will be 2of18
S7296- 0001 \ 2500342v1. doc
compensated in accordance with the fee schedule set forth in Exhibit A the event of any conflict or inconsistency between Exhibit A and this section, the terms of this section shall prevail.
3. 2. Any additional work authorized by the City pursuant to Section 1. 5 will be compensated in accordance with the fee schedule set forth in Exhibit A or as otherwise agreed to by the Parties in writing.
4.0 Method of Payment
4. 1. Consultant shall submit to City monthly invoices for all services rendered pursuant to this Agreement. Such invoices shall be submitted within 15 days of the end of the month during which the services were rendered and shall describe in detail the services rendered during the period, the days worked, number of hours worked, the hourly rates charged, and the services performed for each day in the period. City will pay Consultant within 30 days of receiving Consultant' s invoice. City will not withhold any applicable federal or state payroll and other required taxes, or other authorized deductions from payments made to Consultant.
4. 2. Upon 24-hour notice from City, Consultant shall allow City or City's agents or representatives to inspect at Consultant's offices during reasonable business hours all records, invoices, time cards, cost control sheets and other records maintained by Consultant in connection with this Agreement. City' s rights under this Section 4. 2 shall survive for four ( 4) years following the termination of this Agreement.
5. 0 Termination
5. 1. This Agreement may be terminated by City, without cause, or by Consultant based on reasonable cause, upon giving the other party written notice thereof not less than 30 days prior to the date of termination.
5. 2. This Agreement may be terminated by City upon 10 days' notice to Consultant if Consultant fails to provide satisfactory evidence of renewal or replacement of comprehensive general liability insurance as required by this Agreement at least 20 days before the expiration date of the previous policy.
6. 0 Party Representatives
6. 1. Jill Ingram, City Manager, is the City' s representative for purposes of this Agreement.
6.2. Julie Dixon is the Consultant's primary representative for the purpose of this Agreement.
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S7296- 000112500342v1. doc
7. 0 Notices
7. 1. All notices permitted or required under this Agreement shall be deemed made when personally delivered or when mailed 48 hours after deposit in the United States Mail, first class postage prepaid and addressed to the party at the following addresses:
To City: City of Seal Beach
211 8th Street
Seal Beach, California 90740
Attn: City Manager
To Consultant: Dixon Resources Unlimited
3639 Midway Drive Suite B345
San Diego, California 92110
Attn: Julie Dixon
Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service.
8. 0 Personnel
8. 1 Consultants represents that it has, or shall secure, at its own expense, all personnel required to perform the Services under this Agreement. Any person who performs any Services shall be licensed as required by law.
9. 0 Independent Consultant
9. 1. Consultant is an independent Consultant and not an employee of the City. All work or other Services provided pursuant to this Agreement shall be performed by Consultant or by Consultant's employees or other personnel under Consultant' s supervision, and Consultant and all of Consultant' s personnel shall possess the qualifications, permits, and licenses required by State and local law to perform such Services, including, without limitation, a City of Seal Beach business license as required by the Seal Beach Municipal Code. Consultant will determine the means, methods, and details by which Consultant' s personnel will perform the Services. Consultant shall be solely responsible for the satisfactory work performance of all personnel engaged in performing the Services and compliance with the customary professional standards.
9. 2. All of Consultant' s employees and other personnel performing any of the Services under this Agreement on behalf of Consultant shall also not be employees of City and shall at all times be under Consultant' s exclusive direction and control. Consultant and Consultant' s personnel shall not supervise any of 4of18
S7296- 0001\ 2500342v1. doc
City' s employees; and City' s employees shall not supervise Consultant' s personnel. Consultant's personnel shall not wear or display any City uniform, badge, identification number, or other information identifying such individual as an employee of City; and Consultant's personnel shall not use any City e- mail address or City telephone number in the performance of any of the Services under this Agreement. Consultant shall acquire and maintain at its sole cost and expense such vehicles, equipment and supplies as Consultant' s personnel require to perform any of the Services required by this Agreement. Consultant shall perform all Services off of City premises at locations of Consultant' s choice, except as otherwise may from time to time be necessary in order for Consultant' s personnel to receive projects from City, review plans on file at City, pick up or deliver any work product related to Consultant' s performance of any Services under this Agreement, or as may be necessary to inspect or visit City locations and/or private property to perform such Services. City may make a computer available to Consultant from time to time for Consultant's personnel to obtain information about or to check on the status of projects pertaining to the Services under this Agreement.
9. 3. Consultant shall be responsible for and pay all wages, salaries, benefits and other amounts due to Consultant' s personnel in connection with their performance of any Services under this Agreement and as required by law.
Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: Social Security taxes, other retirement or pension benefits, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. Notwithstanding any other agency, State, or federal policy, rule, regulation, statute or ordinance to the contrary, Consultant and any of its officers, employees, agents, and subconsultants providing any of the Services under this Agreement shall not become entitled to, and hereby waive any claims to, any wages, salaries, compensation, benefit or any incident of employment by City, including but not limited to, eligibility to enroll in, or reinstate to membership in, the California Public Employees Retirement System (" PERS") as an employee of City, and entitlement to any contribution to be paid by City for employer contributions or employee contributions for PERS benefits.
9. 4. Consultant shall indemnify and hold harmless City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s personnel practices. or to the extent arising from, caused by or relating to the violation of any of the provisions of this Section 9. 0. In addition to all other remedies available under law, City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant' s failure to promptly pay to City any reimbursement or indemnification arising under this Section. This duty of indemnification is in addition to Consultant's duty to 5of18
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defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
9. 5. The provisions of this Section 8. 0 shall survive the expiration or termination of this Agreement.
10. 0 Confidentiality; Publication of Documents
10. 1 Consultant agrees that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are confidential. Except as necessary performance of the Services under this Agreement, no copies, sketches, photographs, or graphs of materials, prepared pursuant to this Agreement, and no data, documents or other information developed or received by Consultant in the performance of this Agreement shall be released by Consultant to any other person or public without City' s prior written authorization.
City shall grant such authorization if applicable law requires disclosure.
10. 2. All press releases and other information to be published in newspapers or magazines will be approved and distributed solely by City, unless otherwise provided by written agreement between the Parties. Should Consultant receive any subpoena or other court order for production or disclosure of any records, Consultant shall immediately notify City and shall cooperate with City in responding to such subpoena or court order.
10. 3. Consultant' s obligations under this Section shall survive the termination of this Agreement.
11. 0 Subcontractors
No portion of this Agreement shall be subcontracted without the prior written approval of the City. Consultant is fully responsible to City for the performance of any and all subconsultants.
12. 0 PERS Compliance and Indemnification
12. 1. General Requirements. The Parties acknowledge that City is a local agency member of PERS, and as such has certain pension reporting and contribution obligations to PERS on behalf of qualifying employees. Consultant agrees that, in providing its employees and any other personnel to City to perform any work or other Services under this Agreement, Consultant shall assure compliance with the Public Employees' Retirement Law, commencing at Government Code § 20000, the regulations of PERS, and the Public Employees' Pension Reform Act of 2013, as amended. Without limitation to the foregoing, Consultant shall assure compliance with regard to personnel who have active or inactive membership in PERS and to those who are retired annuitants and in performing this Agreement shall not assign or utilize any of its personnel in a 6of18
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manner that will cause City to be in violation of the applicable retirement laws and regulations.
12.2. Indemnification. Consultant shall defend ( with legal counsel approved by City, whose approval shall not be unreasonably withheld), indemnify and hold harmless City, and its City and its elected officials, officers, employees, servants, designated volunteers, and agents serving as independent Consultants in the role of City officials, from any and all liability, damages, claims, costs and expenses of any nature to the extent arising from, caused by, or relating to Consultant' s violation of any provisions of this Section 10. 0. This duty of indemnification is in addition to Consultant' s duty to defend, indemnify and hold harmless as set forth in any other provision of this Agreement.
13. 0 Confidentiality
Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written authorization by City. City shall grant such authorization if applicable law requires disclosure. All City data shall be returned to City upon the termination of this Agreement. Consultant' s covenant under this Section shall survive the termination of this Agreement.
14. 0 Assignment
Consultant shall not assign or transfer any interest in this Agreement whether by assignment or novation, without the prior written consent of City. Any purported assignment without such consent shall be void and without effect.
15. 0 Safety Requirements
All work performed under this Agreement shall be performed in such a manner as to provide safety to the public and to meet or exceed the safety standards outlined by CAL OSHA. The City may issue restraint or cease and desist orders to Contractor when unsafe or harmful acts are observed or reported relative to the performance of the Work. Contractor shall maintain the work sites free of hazards to persons and property resulting from its operations. Contractor shall immediately report to the City any hazardous condition noted by Contractor.
Contractor shall be responsible for and shall provide and maintain all required guards, railings, lights and warning signs and shall take all precautions to avoid injury or damage to any person or property and shall protect and indemnify the City against any claim or liability arising from or based on the lack of proper safeguards or negligence whether by himself or his agents, employees or subcontractors.
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Contractor shall protect all Work, materials and equipment from damage from any cause whatsoever, and provide adequate and proper storage facilities during the progress of the Work. Contractor shall provide for the safety and good condition of all Work until final acceptance of the Work by the City and replace all damaged or defective work, materials and equipment before requesting final acceptance.
Contractor shall exercise diligence to avoid damage to sprinkler piping, valves, trees, planting, turf, etc., in addition to buildings, structures, pavement, fences and footings. Any required tree branch trimming or removal shall be brought to the attention of the City promptly and will be performed by City personnel. Any damage to private property shall be repaired at the sole expense of the Contractor.
16. 0 Insurance
16. 1. Consultant shall not commence work under this Agreement until it has provided evidence satisfactory to the City that Consultant has secured all insurance required under this Section. Consultant shall furnish City with original certificates of insurance and endorsements effecting coverage required by this Agreement on forms satisfactory to the City. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf, and shall be on forms provided by the City if requested. All certificates and endorsements shall be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, at any time.
16. 2. Consultant shall, at its expense, procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damages to property that may arise from or in connection with the performance of this Agreement. Insurance is to be placed with insurers with a current A. M.
Best' s rating no less than A:VIII, licensed to do business in California, and satisfactory to the City. Coverage shall be at least as broad as the latest version of the following: ( 1) General Liability: Insurance Services Office Commercial General Liability coverage ( occurrence form CG 0001); ( 2) Automobile Liability:
Insurance Services Office Business Auto Coverage form number CA 0001, code 1 ( any auto); and, if required by the City, ( 3) Professional Liability. Consultant shall maintain limits no less than: ( 1) General Liability: $ 2, 000, 000 per occurrence for bodily injury, personal injury and property damage and if Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement/ location or the general- aggregate limit shall be twice the required occurrence limit; ( 2) Automobile Liability: $ 1, 000,000 per accident for bodily injury and property damage; and ( 3) Professional Liability: $ 1, 000,000 per claim/ aggregate.
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16.3. The insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms supplied or approved by the City to state: ( 1) coverage shall not be suspended, voided, reduced or canceled except after 30 days prior written notice by certified mail, return receipt requested, has been given to the City; (2) any failure to comply with reporting or other provisions of the policies, including breaches of warranties, shall not affect coverage provided to the City, its directors, officials, officers, ( 3) coverage shall be primary insurance as respects the City, its directors, officials, officers, employees, agents and volunteers, or if excess, shall stand in an unbroken chain of coverage excess of the Consultant' s scheduled underlying coverage and that any insurance or self-insurance maintained by the City, its directors, officials, officers, employees, agents and volunteers shall be excess of the Consultant's insurance and shall not be called upon to contribute with it; ( 4) for general liability insurance, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the services or operations performed by or on behalf of the Consultant, including materials, parts or equipment furnished in connection with such work; and ( 5) for automobile liability, that the City, its directors, officials, officers, employees, agents and volunteers shall be covered as additional insureds with respect to the ownership, operation, maintenance, use, loading or unloading of any auto owned, leased, hired or borrowed by the Consultant or for which the Consultant is responsible.
16.4. All insurance required by this Section shall contain standard separation of insureds provisions and shall not contain any special limitations on the scope of protection afforded to the City, its directors, officials, officers, employees, agents, and volunteers.
16. 5. Any deductibles or self-insured retentions shall be declared to and approved by the City. Consultant guarantees that, at the option of the City, either: ( 1) the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its directors, officials, officers, employees, agents, and volunteers; or ( 2) the Consultant shall procure a bond guaranteeing payment of losses and related investigation costs, claims and administrative and defense expenses.
17. 0 Indemnity
17. 1. To the fullest extent permitted by law, the Consultant shall, at its sole cost and expense, protect, defend, indemnify, and hold City, its elected officials, officers, attorneys, agents, employees, designated volunteers, successors, assigns and those City agents serving as independent Consultants in the role of City officials ( collectively " Indemnitees" in this Section) free and harmless from and against any and all damages, costs, expenses, liabilities, claims, demands, causes of action, proceedings, bid protests, stop notices, suits, judgments, penalties, liens and losses of any nature whatsoever, including fees of accountants, attorneys and other professionals, and all costs associated 9of18
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therewith, and the payment of all consequential damages ( individually, a " Claim", collectively " Claims"), in law or equity, whether actual, alleged or threatened, in any manner arising out of, pertaining to, or relating to the acts or omissions, or willful misconduct, of Consultant, and/ or its directors, officers, agents, servants, employees, subconsultants, materialmen, suppliers, or Consultants, or their officers, agents, servants or employees ( or any entity or individual that Consultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims arising from the sole negligence or willful misconduct of Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties. Further, Consultant shall appoint competent defense counsel, at Consultant' s own cost, expense and risk, to defend any and all such suits, actions or other legal proceedings of every kind arising out of or incident to the performance of the Contract that may be brought or instituted against Indemnitees. Consultant shall pay and satisfy any judgment, award or decree that may be rendered against City or the other Indemnitees in any such suit, action, or other legal proceeding arising out of or incident to the performance of the Contract. Consultant shall reimburse City and the other Indemnitees, for any and all legal expenses and costs incurred by each of them in connection therewith or in enforcing the indemnity herein provided. Consultant' s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant or Indemnitees. This indemnity shall apply to all Claims and liability regardless of whether any insurance policies are applicable.
17. 2. Civil Code Exception. Nothing in this Section shall be construed to encompass Indemnitees' sole negligence or willful misconduct to the limited extent that the underlying Contract is subject to Civil Code Section 2782( a) or the City' s active negligence to the limited extent that the Agreement is subject to Civil Code Section 2782( b), provided such sole negligence, willful misconduct or active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction.
17. 3. Subconsultant Indemnification. Consultant shall obtain executed indemnity agreements with provisions identical to those in this Section from each and every subconsultant or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. If Consultant fails to obtain such indemnities, Consultant shall be fully responsible and indemnify, hold harmless and defend the Indemnitees from and against any and all Claims in law or equity, whether actual, alleged or threatened, which arise out of, are claimed to arise out of, pertain to, or relate to the acts or omissions of Consultant' s subconsultant, its officers, agents, servants, employees, subconsultants, materialmen, Consultants or their officers, agents, servants or employees (or any entity or individual that Consultant' s subconsultant shall bear the legal liability thereof) in the performance of this Agreement, including the Indemnitees' active or passive negligence, except for Claims or Damages arising from the sole 10 of 18
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negligence or willful misconduct of the Indemnitees, as determined by final arbitration or court decision or by the agreement of the Parties.
17. 4. Bid Protest. In addition to its obligations pursuant to Section 15. 1, Consultant shall reimburse the City for all attorneys' fees and costs incurred by City in connection with, arising out of or incident to any bid protest.
17. 5. Nonwaiver of Rights. Indemnitees do not, and shall not, waive any rights that they may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Contract.
17. 6. Waiver of Right of Subrogation. Consultant, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation against the Indemnitees, while acting within the scope of their duties, from all claims, losses, and liabilities arising out of or incident to activities or operations performed by or on behalf of the Indemnitor.
17. 7. Survival. The provisions of this Section shall survive the termination of the Contract and are in addition to any other rights or remedies that Indemnitees may have under the law. Payment is not required as a condition precedent to an Indemnitee' s right to recover under this indemnity provision, and an entry of judgment against a Consultant shall be conclusive in favor of the Indemnitee' s right to recover under this indemnity provision.
18. 0 Equal Opportunity
Consultant affirmatively represents that it is an equal opportunity employer.
Consultant shall not discriminate against any subconsultant, employee, or applicant for employment because of race, religion, color, national origin, handicap, ancestry, sex, sexual orientation, or age. Such non- discrimination includes, but is not limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff, or termination.
19. 0 Labor Certification
Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of Labor Code Section 1861, by signing this Contract, Consultant certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with 11 of 18
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such provisions before commencing the performance of the Work of this Contract."
20. 0 Prevailing wage and Payroll Records
To the extent that this Agreement calls for services that, in whole or in part, constitute " public works" as defined in the California Labor Code, then Consultant shall comply in all respects with all applicable provisions of the California Labor Code, including those set forth in Exhibit B, attached hereto and incorporated by reference herein.
21. 0 Force Majeure
Neither City nor Consultant shall be responsible for delays in performance under this Agreement due to causes beyond its control, including but not limited to acts of God, acts of the public enemy, acts of the Government, fires, floods or other casualty, epidemics, earthquakes, labor stoppages or slowdowns, freight embargoes, unusually severe weather, and supplier delays due to such causes.
Neither economic nor market conditions nor the financial condition of either party shall be considered a cause to excuse delay pursuant to this subsection. Each party shall advise the other promptly in writing in accordance with Section 7 of this Agreement of each such excusable delay, its cause and its expected delay, and shall upon request update such advice.
22.0 Entire Agreement
This Agreement contains the entire agreement of the parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings, or agreements. This Agreement may only be modified by a writing signed by both parties.
23.0 Severability
The invalidity in whole or in part of any provisions of this Agreement shall not void or affect the validity of the other provisions of this Agreement.
24.0 Governing Law
This Agreement shall be governed by and construed in accordance with the laws of the State of California.
25. 0 No Third Party Rights
No third party shall be deemed to have any rights hereunder against either party as a result of this Agreement.
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26.0 Waiver
No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenantor condition. No waiver, benefit, privilege, or service voluntarily given or performed by a party shall give the other party any contractual rights by custom, estoppel, or otherwise.
27.0 Non -Appropriation of Funds
Payments to be made to Consultant by City for services performed within the current fiscal year are within the current fiscal budget and within an available, unexhausted fund. In the event that City does not appropriate sufficient funds for payment of Consultant' s services beyond the current fiscal year, this Agreement shall cover payment for Consultant' s services only to the conclusion of the last fiscal year in which City appropriates sufficient funds and shall automatically terminate at the conclusion of such fiscal year.
28. 0 Prohibited Interests; Conflict of Interest
26. 1. Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the Services, or which would conflict in any manner with the performance of the Services.
Consultant further covenants that, in performance of this Agreement, no person having any such interest shall be employed by it. Furthermore, Consultant shall avoid the appearance of having any interest, which would conflict in any manner with the performance of the Services. Consultant shall not accept any employment or representation during the term of this Agreement which is or may likely make Consultant " financially interested" ( as provided in California Government Code §§ 1090 and 87100) in any decision made by City on any matter in connection with which Consultant has been retained.
26.2. Consultant further warrants and maintains that it has not employed or retained any person or entity, other than a bona fide employee working exclusively for Consultant, to solicit or obtain this Agreement. Nor has Consultant paid or agreed to pay any person or entity, other than a bona fide employee working exclusively for Consultant, any fee, commission, gift, percentage, or any other consideration contingent upon the execution of this Agreement. Upon any breach or violation of this warranty, City shall have the right, at its sole and absolute discretion, to terminate this Agreement without further liability, or to deduct from any sums payable to Consultant hereunder the full amount or value of any such fee, commission, percentage or gift.
26. 3. Consultant warrants and maintains that it has no knowledge that any officer or employee of City has any interest, whether contractual, non - contractual, financial, proprietary, or otherwise, in this transaction or in the 13 of 18
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business of Consultant, and that if any such interest comes to the knowledge of Consultant at any time during the term of this Agreement, Consultant shall immediately make a complete, written disclosure of such interest to City, even if such interest would not be deemed a prohibited " conflict of interest" under applicable laws as described in this subsection.
29. 0 Mutual Cooperation.
29. 1. City' s Cooperation. City shall provide Consultant with all pertinent Data, documents, and other requested information as is reasonably available for Consultant' s proper performance of the Services required under this Agreement.
29.2. Consultant' s Cooperation. In the event any claim or action is brought against City relating to Consultant's performance of Services rendered under this Agreement, Consultant shall render any reasonable assistance that City requires.
30. 0 Audit
Consultant shall maintain complete and accurate records with respect to all Work and other matters covered under this Agreement, including but expressly not limited to, all Work performed, salaries, wages, invoices, time cards, cost control sheets, costs, expenses, receipts and other records with respect to this Agreement. Consultant shall maintain adequate records on the Work provided in sufficient detail to permit an evaluation of all Work in connection therewith. All such records shall be clearly identified and readily accessible. At all times during regular business hours, Consultant shall provide City with free access to such records, and the right to examine and audit the same and to make copies and transcripts as City deems necessary, and shall allow inspection of all program data, information, documents, proceedings and activities and all other matters related to the performance of the Work under this Agreement. Consultant shall retain all financial and program service records and all other records related to the Work and performance of this Agreement for at least four ( 4) years after expiration, termination or final payment under this Agreement, whichever occurs later. City' s rights under this Section shall survive for four ( 4) years after expiration, termination or final payment under this Agreement, whichever occurs later.
31. 0 Attorneys' Fees
If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party all of its attorneys' fees and other costs incurred in connection therewith.
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32. 0 Interpretation
In the event of any asserted ambiguity in, or dispute regarding the interpretation of any matter herein, the interpretation of this Agreement shall not be resolved by any rules of interpretation providing for interpretation against the party who causes the uncertainty to exist or against the party who drafted the Agreement or who drafted that portion of the Agreement.
33. 0 Exhibits
All exhibits referenced in this Agreement are hereby incorporated into the Agreement as if set forth in full herein. In the event of any material discrepancy between the terms of any exhibit so incorporated and the terms of this Agreement, the terms of this Agreement shall control.
34.0 Corporate Authority
The person executing this Agreement on behalf of Consultant warrants that he or she is duly authorized to execute this Agreement on behalf of said Party and that by his or her execution, the Consultant is formally bound to the provisions of this Agreement.
IN WITNESS WHEREOF,
representatives have exE
above written.
CITY OF SEAL BEACH
0 Atte
the Parties hereto, through their respective authorized uted this Agreement as of the date and year first
Approved as to orm*
By:
raig A. Steele, City Attorney
DIXON RESOD' CES UNLIMITED
By:
Name: Julie Dixon.
Its: Principal
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EXHIBIT A
SCOPE OF WORK
Attached)
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EXHIBIT B
AGREEMENT TO COMPLY WITH CALIFORNIA LABOR LAW REQUIREMENTS Labor Code §§ 1720, 1773. 8, 1775, 1776, 1777. 5, 1813, 1860, 1861, 3700] The undersigned Consultant certifies that it is aware of and hereby agrees to fully comply with the following provisions of California law:
1. Consultant acknowledges that this Contract is subject to the provisions of Division 2, Part 7, Chapter 1 ( commencing with Section 1720) of the California Labor Code relating to public works and the awarding public agency ("Agency") and agrees to be bound by all the provisions thereof as though set forth in full herein.
2. Consultant agrees to comply with the provisions of California Labor Code Section 1773. 8 which requires the payment of travel and subsistence payments to each worker needed to execute the Services to the extent required by law.
3. Consultant agrees to comply with the provisions of California Labor Code Sections 1774 and 1775 concerning the payment of prevailing rates of wages to workers and the penalties for failure to pay prevailing wages. The Consultant shall, as a penalty to the Agency, forfeit not more than fifty dollars ($ 50) for each calendar day, or portion thereof, for each worker paid less than the prevailing rates as determined by the Director of Industrial Relations for the work or craft in which the worker is employed for any public work done under the Agreement by Consultant or by any subcontractor.
4. Consultant agrees to comply with the provisions of California Labor Code Section 1776 which require Consultant and each subcontractor to ( 1) keep accurate payroll records, (2) certify and make such payroll records available for inspection as provided by Section 1776, and ( 3) inform the Agency of the location of the records. The Consultant is responsible for compliance with Section 1776 by itself and all of its subcontractors.
5. Consultant agrees to comply with the provisions of California Labor Code Section 1777. 5 concerning the employment of apprentices on public works projects, and further agrees that Consultant is responsible for compliance with Section 1777. 5 by itself and all of its subcontractors.
6. Consultant agrees to comply with the provisions of California Labor Code Section 1813 concerning penalties for workers who work excess hours. The Consultant shall, as a penalty to the Agency, forfeit twenty- five dollars ($ 25) for each worker employed in, the execution of the Agreement by the Consultant or by any subcontractor for each calendar day during which such worker is required or permitted to work more than 8 hours in any one calendar day and 40 hours in any one calendar week in violation of the provisions of Division 2, Part 7, Chapter 1, Article 3 of the California Labor Code. 17 of 18
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7. California Labor Code Sections 1860 and 3700 provide that every contractor will be required to secure the payment of compensation to its employees. In accordance with the provisions of California Labor Code Section 1861, Consultant hereby certifies as follows:
I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self- insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the Services of this Agreement."
Date 5/ 6/ 2021 Signature
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Agenda Item F
AGENDA STAFF REPORT
DATE: October 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Gloria D. Harper, City Clerk
SUBJECT: Amendment to Council Policy 100-03 (Council Rules of Procedure) to Place “Approval of Agenda,” Including
Removal of Consent Calendar Items, After “Oral
Communications” on All City Council, Commission,
Committee, and Board Agendas
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council adopt Resolution 7461 to amend Council Policy 100-03 (Council Rules of Procedure) to place “Approval of Agenda” and removal of consent calendar items after “Oral Communications” on all City Council, commission, committee, and board agendas.
BACKGROUND AND ANALYSIS:
At the September 11, 2023, Council meeting, Councilmember Landau requested that staff agendize a discussion item for the Council to consider revising the Meeting of the City Council Agenda (“Agenda”) format to hear Oral Communications prior to Approval of the Agenda.
At the October 9, 2023, Council meeting, staff presented the current Council Policy 100-3 (Council Rules of Procedure), after which the Council discussed the order of agenda and removal of consent calendar items. The City Council voted to reorder the Agenda to allow Oral Communications to be heard prior to Approval of the Agenda and the removal of consent calendar items for future City Council, commission, committee, and board agendas.
This policy was last modified by the City Council per unanimous adoption of Resolution 7411 at its June 12, 2023, meeting to memorialize the City Council Norms and City Council and City Manager Commitments following the April 4, 2023, Strategic Planning Workshop.
ENVIRONMENTAL IMPACT:
There is no environmental impact related to this item.
LEGAL ANALYSIS:
The City Attorney has reviewed the resolution and approved it as to form.
FINANCIAL IMPACT:
There is no financial impact for this item.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council adopt Resolution 7461 to amend Council Policy 100-03 (Council Rules of Procedure) by reordering the agenda to place “Approval of Agenda” and removal of consent calendar items after “Oral Communications” on all City Council, commission, committee, and board agendas.
SUBMITTED BY: NOTED AND APPROVED:
Gloria D. Harper Jill R. Ingram
Gloria D Harper, City Clerk Jill R. Ingram, City Manager ATTACHMENTS:
A. Resolution 7461
B. Council Policy 100-03 (Current)
C. Council Policy 100-03 (Proposed)
RESOLUTION 7461
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
AMENDING COUNCIL POLICY 100-03 (COUNCIL RULES OF
PROCEDURE) BY RE-ORDERING THE AGENDA TO PLACE
APPROVAL OF AGENDA AND REMOVAL OF CONSENT
CALENDAR ITEMS AFTER ORAL COMMUNICATIONS ON ALL
CITY COUNCIL, COMMISSION, COMMITTEE, AND BOARD
AGENDAS
WHEREAS, The City Council desires to amend City Council Policy 100-03 (Council Rules of Procedure) to place “Approval of Agenda,” including removal of consent calendar items, after “Oral Communications” on all City Council, commission committee, and board agendas; and,
WHEREAS, At the September 11, 2023, Council meeting, Councilmember Landau requested that staff agendize a discussion item for the Council to consider revising the Meeting of the City Council Agenda (“Agenda”) format to hear Oral Communications prior to Approval of the Agenda; and,
WHEREAS, At the October 9, 2023, Council meeting, staff presented the current Council Policy 100-3 (Council Rules of Procedure), and the City Council then voted to amend Policy 100-03 to re-order the Agenda to allow Oral Communications to be heard prior to Approval of the Agenda and removal of consent calendar items, for future City Council, commission, committee, and board agendas.
NOW THEREFORE, THE SEAL BEACH CITY COUNCIL DOES HEREBY
RESOLVE:
Section 1. The City Council hereby amends Section 4.B (Order of Agenda) of Council Policy 100-03 (Council Rules of Procedure) as set forth in in Attachment C to the staff report accompanying this Resolution.
Section 2. Except as expressly amended by this Resolution, Council Policy 100-03 shall remain in full force and effect.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on this 23rd day of October, 2023 by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7461 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of October, 2023.
Gloria D. Harper, City Clerk
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(100-03)
CITY OF SEAL BEACH
Council Policy
SUBJECT COUNCIL RULES OF PROCEDURE
SECTION
100
INDEX NO.
03 CURRENT
REVISION
Res #7411
REVISION
DATES
06/12/2023
COUNCIL
APPROVAL
Res #6495
07/28/2014
CITY
MANAGER
approval
N/A
1. SCOPE
The successful operation of a municipality requires that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization. These standards will promote communication, understanding and trust among members of the City Council, the public and City staff concerning their roles, responsibilities and expectations, and public participation in the process.
2. PURPOSE AND INTENT
This policy establishes rules of decorum for Council/staff interaction and procedure for orderly conduct of City Council meetings, special meetings, and study sessions.
Due to the informal nature of workshops, study sessions and joint meetings, the presiding officer may deviate from these rules, provided all deviations comply with the Brown Act.
The establishment and periodic review of these City Council rules will help protect free speech and civil discourse and facilitate the orderly, efficient conduct of productive, issue-based City Council meetings.
3. MEETING POLICY
These rules are designed to comply with the City Charter and applicable state law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of the City Council and Redevelopment Agency. Unless otherwise stated, reference to the City Council shall also include the Redevelopment Agency. When these rules refer to the Mayor and Council Members, the term shall also include Chair and Members of the Redevelopment Agency. Any act that the Mayor is authorized to perform 2 of 13
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may be performed by the Mayor Pro Tem in the Mayor’s absence, or by the Vice Chair of the Redevelopment Agency in the Chair’s absence.
City Council Meetings shall be conducted according to Article IV of the City Charter, provisions of the Government Code that pertain to holding meetings in public (Section 54950 - 54963; the Brown Act), and Robert’s Rules of Order, Newly Revised, if the Charter, the Brown Act, or these Rules do not address a subject.
4. ORDER OF AGENDA
A. Matters shall be heard in the order printed on the City Council agenda.
However, with Council approval, if several community members are present to speak on that specific agenda item or if the Council otherwise determines that it is in the public interest to change the order of the agenda, the Council may hear agenda items out of their prescribed order on the printed agenda. The appropriate time to rearrange the order of the agenda is while considering the approval of the agenda.
B. At the time the Council considers approval of the agenda, the Council may approve a request by the City Manager to change the agenda.
C. Consent Calendar. During consideration of approval of the agenda:
1. A Council Member may remove items listed on the Consent Calendar for individual consideration.
2. Upon request by the City Manager, City Attorney or member of the public, the presiding officer may remove items listed on the Consent Calendar for individual consideration.
D. At any time during a council meeting, any Council Member may request an item be placed on a council agenda within two regular Council meetings. In addition, the Mayor may place items on the next council agenda at any time that complies with the Brown Act posting of agenda requirements. All agenda matters including ordinances, resolutions and contract documents shall, before presentation to the Council, be 1) examined and approved as to form and legality by the City Attorney and 2) examined and approved for administration by the City Manager (or in his/her absence, his/her designee).
E. Reading of Minutes. Unless a member of the Council requests a reading of the minutes, the minutes may be approved without reading if the City Clerk has previously furnished each member with a copy. Directions for changes in the minutes shall be made only by a majority action of the Council. 3 of 13
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5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government business at open and public meetings, except in certain limited situations as authorized by California State law, for those matters properly considered within a closed session meeting. Examples of business that may be conducted in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report from the Bureau of State Audits.
B. Rule of Confidentiality. The Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties. Council Members shall keep all written materials and verbal information properly provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Council Members, or, as appropriate, the City Attorney and/or the City Manager, except where authorized by a majority of the City Council.
C. The Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the Council, City Attorney, and City Manager shall adhere to a strict policy of confidentiality of closed sessions.
D. Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, documents, or votes made in a closed session unless the Council authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury.
E. Closed session business shall be described on the public agenda.
Public comment on closed session items shall be allowed before convening the closed session. After a closed session, the Council shall convene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions all to be consistent with the requirements of the Brown Act. 4 of 13
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6. CITY COUNCIL MEETING RULES OF ORDER
A. Robert’s Rules of Order, Newly Revised, shall govern the proceedings of the Council in all instances not addressed by the City Charter, Brown Act, or these Council Rules of Conduct.
B. Rules of Debate.
1. Presiding officer may engage in discussion and Council votes.
The presiding officer (Mayor) may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason for his/her acting as the presiding officer.
2. Getting the Floor -- Improper References shall be avoided. Every person desiring to speak shall address the presiding officer, and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language.
3. Interruptions. Once recognized, a speaker shall not be interrupted unless it is to call him/her to order, or as otherwise provided in these rules. If a speaker is called to order, he/she shall stop speaking until the question of order is determined, and, if in order, shall be permitted to proceed.
4. Motion to reconsider. Other than with respect to adoption of resolutions of final actions in quasi-judicial proceedings, a Council Member may move to reconsider action taken by the Council only on the date action was taken or at the next subsequent meeting. This motion must be made by one of the prevailing sides, but may be seconded by any member, and may be made at any time and have precedence over all other motion or while a member has the floor; it is debatable. Nothing in these rules prevents a Council Member from making or remaking the same motion or any other motion at a subsequent meeting of the Council.
5. Remarks of Council Member - When Entered in Minutes. A Council Member may request, through the presiding officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council entered in the minutes.
6. Limitation of Debate. No Council Member shall be allowed to speak more than once upon a particular subject until each Council Member desiring to do so has spoken.
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7. Each Council Member shall limit his/her comments to 15 minutes on each item on the agenda.
7. RULES OF DECORUM
A. Remarks during Council meetings. No person shall make slanderous, libelous, personal, or profane remarks, disrupt the conduct of the meeting, or make threats against any person or the public order.
B. The presiding officer shall use his/her discretion to enforce these rules.
Council Members and staff shall be polite. Even under tense situations, all speakers shall refrain from the use of profanity, impolite or disrespectful remarks and offensive gestures, either towards a Council Member, staff, or the public.
C. Public remarks.
1. The City encourages the public to participate in every public meeting conducted by the City. Any member of the public may directly address the Council on any item of interest to the public, or any item on the agenda, during the portion of the agenda entitled, “Oral Communications.” In addition, any member of the public may provide testimony at any public hearing. Consistent with the City’s established policy, all comments shall be civil. Pursuant to the Brown Act, the Council cannot take action on or discuss any item not appearing on the posted agenda.
2. Each person desiring to address the Council shall approach the podium and when recognized by the presiding officer shall step to the microphone, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to no more than 5 minutes. In certain matters, the presiding officer may limit remarks to 3 minutes.
In order to effectively enforce the time limit, the Mayor Pro Tem shall monitor the time for each speaker and inform the Council when the time limit has been reached.
The presiding officer shall strictly enforce the time limit in order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business. Individual speakers may not use the allocation of other persons. Individual speakers may not speak twice on the same agenda item.
All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the speaker may speak without the permission of and through the presiding officer.
3. Each person will be allowed to present information to the City Council. Any printed information is optional and shall be given to the City Clerk 6 of 13
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and shall consist of at least 15 copies for the City Council, City Staff, and public.
The person can present a PowerPoint presentation, during “Oral Communications”, if the presentation is provided to the City Clerk in advance, by noon on the Friday before a City Council meeting. Any presentation will not exceed the 5-minute time limit. (revised 07/11/11)
4. Speakers shall refrain from attacking the character of any person.
The presiding officer, subject to appeal to the Council, shall be the judge of whether speakers are impugning character. (See: Rules Of Decorum - Section 7 E.2.)
5. The presiding officer shall not recognize the same person to speak more than once on the same subject except at the discretion of the City Council unless that person is deemed to be able to give expert advice needed by the Council in their deliberations.
6. Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, any group of persons wishing to address the Council on the same subject matter is encouraged to choose a spokesperson to address the Council.
D. Relevancy. At public hearings, speakers shall confine their remarks to those that are relevant to the subject of the hearing. The presiding officer, subject to appeal to the Council, shall be the judge of relevancy.
E. Members of the Audience.
1. A person in the audience who engages in disorderly conduct such as stamping of feet, whistling, using profane language, yelling, or any other type of demonstration, the conduct of which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, shall, upon instructions from the presiding officer, be removed from the Council Chambers by the Sergeant at Arms.
2. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the Council may find critical, unpleasant, or even offensive. The Brown Act states that the Council “shall not prohibit public criticism of the policies, procedures, programs or services of the City or the acts or omission of the City Council.” However, the Brown Act also provides that nothing in such provision “shall confer any privilege or protection for expression beyond that otherwise provided by law.” Moreover, the Brown Act also recognizes it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, 7 of 13
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the public should respect the order, procedures, and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits.
F. City Council Remarks.
1. Council Members shall address the public and staff in a courteous manner. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb a member while speaking or refuse to obey the orders of the presiding officer. Council Members shall not leave their seats during the meeting without first obtaining the permission of the presiding officer.
2. Each individual Council Member shall respect
the interpersonal style and individual points of view of the other Council Members and shall respect each other’s right to disagree. All Council Members shall exhibit a high degree of decorum and courtesy during the City Council meetings, towards other Council Members, the public, and City staff.
3. Council Members may discuss non-agenda items under any of the following exceptions. Council Members may briefly respond to statements made or questions posed by persons once the presiding officer closes Oral Communications. In addition, on his/her own initiative or in response to questions posed by the public, a Council Member may ask a question for clarification, make a brief announcement, or make a brief report on his/her own activities.
Furthermore, the Council may provide a reference to staff or other resources for factual information, request that staff report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.
4. Council Members shall not make hostile remarks. Council Members shall not engage in debate with a member of the public at a Council meeting. If a speaker from the public attacks a Council Member, the presiding officer may ask the staff for input, if appropriate. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of the public input, the presiding officer shall then afford each Council Member the opportunity to briefly respond.
5. Council Members shall keep open minds on all issues prior to deliberation immediately prior to a vote. Council Members shall base their decisions in quasi-judicial matters upon the evidence, including testimony presented at the public hearing.
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6. There shall be no “grandstanding” on any issue. In this context, “grandstanding” means the misuse of the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. “Grandstanding” includes: personally attacking another Council Member, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view unrelated to the issue before the Council solely for the purpose of playing to the audience; using the dais for nonCity business; addressing the media for political purposes rather than addressing the Council as a body; or purposely misstating the facts of an issue for political purposes.
7. During deliberation on any issue, each Council Member has the right to express his/her opinions as to the issue and be a passionate advocate for a position or point of view. However, City policy is established by the majority and not by any individual Council Member. Council Members, who are in the majority, shall respect the right of the minority to express disagreement with the majority.
Once the decision is reached, Council Members who are in the minority on an issue shall respect the authority of the majority.
8. A Council Member shall retain all of his/her rights and privileges of the dais.
G. Comments regarding City employees. Council Members shall not make comments regarding City personnel matters. Any concerns by a Council Member about the performance of a City employee should be discussed privately with the City Manager. Council Members shall refrain from engaging in personal attacks on staff at any time.
H. Employees. Members of the City staff and employees shall observe the same rules of order and decorum applicable to the City Council.
Members of the City staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.
I. Enforcement of Decorum. The Chief of Police, or such member of the police department as he/she may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. A Council Member may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to do so.
J. Violation of the Rules of Decorum. Upon violation of the rules of decorum, the established procedure to enforce the rules shall be as follows:
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1. Warning. Any person making slanderous, libelous, personal, or profane remarks or who becomes boisterous during a City Council meeting shall be called to order by the presiding officer. The presiding officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the presiding officer, the person persists in violating the rules, the presiding officer shall order a recess. Any representative of law enforcement who is present at the meeting when any violations occur shall be authorized to warn the person that his/her conduct is violating the rules and that he/she is requested to cease such conduct. If upon resumption of the meeting the violation persists, the presiding officer shall order another recess, whereupon the presiding officer shall have the authority to ask the law enforcement personnel to remove the person from the meeting and/or to cite the person as being in violation of Penal Code Section 403.
2. Motion to Enforce. If the presiding officer fails to enforce the rules of decorum set forth herein, any Council Member may move to require the presiding officer to do so, and an affirmative vote of a majority of the Council shall require the presiding officer to do so. If the presiding officer fails to carry out the wishes of the majority of the Council in this matter, the majority may designate another Council Member to act as presiding officer for the limited purpose of enforcing the rules of decorum established herein.
3. Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session.
Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session pursuant to the Government Code Section 54957.9. Nothing in this section shall prohibit the Council from readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
4. Violation of the California Penal Code. Any person who, without authority of law, willfully disturbs or breaks up any meeting, is guilty of a misdemeanor and may be prosecuted under Penal Code Section 403 for disturbing a public meeting.
8. VOTING
A. Failure to Vote. Every Council Member present will cast a vote unless he/she disqualifies himself/herself by reason of conflict of interest. 10 of 13
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1. In the event of a conflict of interest due to a financial interest in the decision, a councilmember must: (i) identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); and, (ii) publicly state his or her recusal from the matter; and, (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar.
2. In addition to a conflict due to financial interest, there are other reasons to abstain, including the following: the Council Member does not wish his/her position to become known, he/she has no preference of position on the issue, has a common law conflict of interest, or is not in a position to vote in favor or against a matter due to absence.
3. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect as though no vote were cast in result of the vote when counted. The recorded and published vote, however, shall show the abstention.
B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
C. Changing Vote. A member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw his/her abstention.
9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting.
B. Final Adjournment Hour. The City Council shall adjourn any meeting no later than 11:59 p.m. on the date of said meeting.
C. Waiver of Time Limit. The Council may waive these time limits by majority vote.
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10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach operates under the Council-Manager form of government; Article VI of the City Charter defines the duties of the City Manager. Section 406 of the City Charter says that neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her duties.
B. The Council is the City’s policy-making body, and the City Manager administers the Council’s policies. The Council holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction. The practices of each department are subject to review and control by the City Manager.
C. Except for purposes of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and shall not give orders to any subordinate of the City Manager, either publicly or privately.
D. Council Member Requests (revised 12/09/13)
1. All Council Member requests for written reports or research shall be addressed to the City Manager. The City Manager shall inform all Council Members that a Council Member has made such a request. Any Council Member may request a copy of any written material provided to the requesting Council Member.
2. If the City Manager determines that responding to a Council Member’s request for a report or research: (1) is outside the scope of the Council’s previously stated policies, goals, or objectives; and (2) would require more than 4 hours of staff time for a response, the City Manager may place the item on a future Council Agenda for further direction from the entire Council.
3. Council Members should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If a Council Member has questions, needs clarification, or needs additional material, he or she shall advise the City Manager as early as possible before a City Council meeting so the staff can meet his or her needs.
4. Council Members may contact the City Attorney at any time and ask questions and make inquiries. However, individual Council Members may not direct the City Attorney to perform research or perform legal services without the City Council, as a body, first providing that direction at a City Council meeting. 12 of 13
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E. City Council agenda reports should be provided to the City Council as early as possible before a meeting but no later than the Friday before that City Council meeting.
F. Staff reports shall give professional input on the issue, including areas of potential controversy and concern, shall try to present all sides of an issue, and shall recommend areas for discussion and decision by the City Council. Once a decision is made by the Council, it shall be fully supported, accepted, and implemented by staff.
G.Any project requested by an individual Council Member must be authorized by the City Manager. If the City Manager deems the project to be outside the bounds of direction or policy from the Council given at a Council meeting, the Council Member making the request may bring the request to the full City Council. Staff responses to requests for written information from one Council Member shall be copied to all Council Members.
H. An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force).
11. CITY COUNCIL NORMS AND CITY COUNCIL AND CITY MANAGER
COMMITMENTS
A. CITY COUNCIL NORMS
1. Maintain a citywide perspective, while being mindful of our districts.
2. Move from “I” to “We,” and from campaigning to governing.
3. Work together as a body, modeling teamwork and civility for our community.
4. Assume good intent.
5. Disagree agreeably and professionally.
6. Utilize long range plans to provide big picture context that is realistic and achievable.
7. Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
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8. Demonstrate respect, consideration, and courtesy to all.
9. Share information and avoid surprises.
10. Keep confidential things confidential, e.g., Closed Session meetings.
11. Respect the Council/Manager form of government and the roles of each party.
12. Communicate concerns about staff to the City Manager; do not criticize staff in public.
B. CITY COUNCIL AND CITY MANAGER COMMITMENTS
1. Agree to follow our agreed upon norms and protocols.
2. Agree to respect each other’s roles.
3. Each person shall contribute to the “care and feeding” of the partnership.
4. Respect the chain of command and use established processes.
12. ISSUANCE
Approved by City Council November 09, 2009, by Resolution No. 5919.
Modified by City Council:
July 11, 2011, by Resolution No. 6160
December 9, 2013, by Resolution No. 6422
July 28, 2014, by Resolution No. 6495
June 12, 2023, by Resolution 7411
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CITY OF SEAL BEACH
Council Policy
SUBJECT COUNCIL RULES OF PROCEDURE
SECTION
100
INDEX NO.
03 CURRENT
REVISION
Res #7411
7461
REVISION
DATES
06/12/2023
10/23/23
COUNCIL
APPROVAL
Res #6495
07/28/2014
CITY
MANAGER
approval
N/A
1. SCOPE
The successful operation of a municipality requires that standards be established to define the roles, responsibilities and expectations of the governing board and staff in the operation of the organization. These standards will promote communication, understanding and trust among members of the City Council, the public and City staff concerning their roles, responsibilities and expectations, and public participation in the process.
2. PURPOSE AND INTENT
This policy establishes rules of decorum for Council/staff interaction and procedure for orderly conduct of City Council meetings, special meetings, and study sessions.
Due to the informal nature of workshops, study sessions and joint meetings, the presiding officer may deviate from these rules, provided all deviations comply with the Brown Act.
The establishment and periodic review of these City Council rules will help protect free speech and civil discourse and facilitate the orderly, efficient conduct of productive, issue-based City Council meetings.
3. MEETING POLICY
These rules are designed to comply with the City Charter and applicable state law, including the Ralph M. Brown Act (Brown Act), and apply to all meetings of the City Council and Redevelopment Agency. Unless otherwise stated, reference to the City Council shall also include the Redevelopment Agency. When these rules refer to the Mayor and Council Members, the term shall also include Chair and Members of the Redevelopment Agency. Any act that the Mayor is authorized to perform 2 of 13
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may be performed by the Mayor Pro Tem in the Mayor’s absence, or by the Vice Chair of the Redevelopment Agency in the Chair’s absence.
City Council Meetings shall be conducted according to Article IV of the City Charter, provisions of the Government Code that pertain to holding meetings in public (Section 54950 - 54963; the Brown Act), and Robert’s Rules of Order, Newly Revised, if the Charter, the Brown Act, or these Rules do not address a subject.
4. ORDER OF AGENDA
A. Matters shall be heard in the order printed on the City Council agenda.
However, with Council approval, if several community members are present to speak on that specific agenda item or if the Council otherwise determines that it is in the public interest to change the order of the agenda, the Council may hear agenda items out of their prescribed order on the printed agenda. The appropriate time to rearrange the order of the agenda is while considering the approval of the agenda. Consideration of approval of the agenda, including removal of items listed on the Consent Calendar, shall occur after oral communications on all agendas of the City Council and City commissions, committees, and boards.
B. At the time the Council considers approval of the agenda, the Council may approve a request by the City Manager to change the agenda.
C. Consent Calendar. During consideration of approval of the agenda:
1. A Council Member may remove items listed on the Consent Calendar for individual consideration.
2. Upon request by the City Manager, City Attorney or member of the public, the presiding officer may remove items listed on the Consent Calendar for individual consideration.
D. At any time during a council meeting, any Council Member may request an item be placed on a council agenda within two regular Council meetings. In addition, the Mayor may place items on the next council agenda at any time that complies with the Brown Act posting of agenda requirements. All agenda matters including ordinances, resolutions and contract documents shall, before presentation to the Council, be 1) examined and approved as to form and legality by the City Attorney and 2) examined and approved for administration by the City Manager (or in his/her absence, his/her designee).
E. Reading of Minutes. Unless a member of the Council requests a reading of the minutes, the minutes may be approved without reading if the City 3 of 13
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Clerk has previously furnished each member with a copy. Directions for changes in the minutes shall be made only by a majority action of the Council.
5. CLOSED SESSIONS
A. Purpose. It is the policy of the Council to conduct local government business at open and public meetings, except in certain limited situations as authorized by California State law, for those matters properly considered within a closed session meeting. Examples of business that may be conducted in closed session include personnel evaluations, threats to public safety, labor negotiations, pending litigation, real estate negotiations, and consideration of a response to an audit report from the Bureau of State Audits.
B. Rule of Confidentiality. The Council recognizes that breaches in confidentiality can severely prejudice the City’s position in litigation, labor relations and real estate negotiations. Further, breaches of confidentiality can create a climate of distrust among Council Members and can harm the Council’s ability to communicate openly in closed sessions, thereby impairing the Council’s ability to perform its official duties. Council Members shall keep all written materials and verbal information properly provided to them in closed session in complete confidence to ensure that the City’s position is not compromised. No mention of information in these materials shall be made to anyone other than Council Members, or, as appropriate, the City Attorney and/or the City Manager, except where authorized by a majority of the City Council.
C. The Council further recognizes that confidentiality of discussions and documents are at the core of a closed session. Confidentiality is essential if the closed session is to serve its purpose. Therefore, the Council, City Attorney, and City Manager shall adhere to a strict policy of confidentiality of closed sessions.
D. Breach of Rule of Confidentiality. No person who attends a closed session may disclose any statements, discussions, documents, or votes made in a closed session unless the Council authorizes the disclosure. Violations can be addressed through injunctions, disciplinary action, and referral to the grand jury.
E. Closed session business shall be described on the public agenda.
Public comment on closed session items shall be allowed before convening the closed session. After a closed session, the Council shall convene the public meeting and publicly report certain types of actions if they were taken, and the vote on those actions all to be consistent with the requirements of the Brown Act. 4 of 13
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6. CITY COUNCIL MEETING RULES OF ORDER
A. Robert’s Rules of Order, Newly Revised, shall govern the proceedings of the Council in all instances not addressed by the City Charter, Brown Act, or these Council Rules of Conduct.
B. Rules of Debate.
1. Presiding officer may engage in discussion and Council votes.
The presiding officer (Mayor) may move, second, and debate from the chair, subject only to such limitations of debate as are by these rules imposed on all members and shall not be deprived of any of the rights and privileges of a Council Member by reason for his/her acting as the presiding officer.
2. Getting the Floor -- Improper References shall be avoided. Every person desiring to speak shall address the presiding officer, and, upon recognition by the presiding officer, shall confine himself/herself to the question under debate, avoiding all personalities and indecorous language.
3. Interruptions. Once recognized, a speaker shall not be interrupted unless it is to call him/her to order, or as otherwise provided in these rules. If a speaker is called to order, he/she shall stop speaking until the question of order is determined, and, if in order, shall be permitted to proceed.
4. Motion to reconsider. Other than with respect to adoption of resolutions of final actions in quasi-judicial proceedings, a Council Member may move to reconsider action taken by the Council only on the date action was taken or at the next subsequent meeting. This motion must be made by one of the prevailing sides, but may be seconded by any member, and may be made at any time and have precedence over all other motion or while a member has the floor; it is debatable. Nothing in these rules prevents a Council Member from making or remaking the same motion or any other motion at a subsequent meeting of the Council.
5. Remarks of Council Member - When Entered in Minutes. A Council Member may request, through the presiding officer, the privilege of having an abstract of his/her statement on any subject under consideration by the Council entered in the minutes.
6. Limitation of Debate. No Council Member shall be allowed to speak more than once upon a particular subject until each Council Member desiring to do so has spoken.
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7. Each Council Member shall limit his/her comments to 15 minutes on each item on the agenda.
7. RULES OF DECORUM
A. Remarks during Council meetings. No person shall make slanderous, libelous, personal, or profane remarks, disrupt the conduct of the meeting, or make threats against any person or the public order.
B. The presiding officer shall use his/her discretion to enforce these rules.
Council Members and staff shall be polite. Even under tense situations, all speakers shall refrain from the use of profanity, impolite or disrespectful remarks and offensive gestures, either towards a Council Member, staff, or the public.
C. Public remarks.
1. The City encourages the public to participate in every public meeting conducted by the City. Any member of the public may directly address the Council on any item of interest to the public, or any item on the agenda, during the portion of the agenda entitled, “Oral Communications.” In addition, any member of the public may provide testimony at any public hearing. Consistent with the City’s established policy, all comments shall be civil. Pursuant to the Brown Act, the Council cannot take action on or discuss any item not appearing on the posted agenda.
2. Each person desiring to address the Council shall approach the podium and when recognized by the presiding officer shall step to the microphone, state the subject he/she wishes to discuss, state whom he/she is representing if he/she represents an organization or other persons, and, unless further time is granted by majority vote of the Council, shall limit his/her remarks to no more than 5 minutes. In certain matters, the presiding officer may limit remarks to 3 minutes.
In order to effectively enforce the time limit, the Mayor Pro Tem shall monitor the time for each speaker and inform the Council when the time limit has been reached.
The presiding officer shall strictly enforce the time limit in order to ensure that all members of the public have an opportunity to speak and that the Council is able to complete the public’s business. Individual speakers may not use the allocation of other persons. Individual speakers may not speak twice on the same agenda item.
All remarks shall be addressed to the Council as a body, and not to any member thereof. No person other than the speaker may speak without the permission of and through the presiding officer.
3. Each person will be allowed to present information to the City Council. Any printed information is optional and shall be given to the City Clerk 6 of 13
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and shall consist of at least 15 copies for the City Council, City Staff, and public.
The person can present a PowerPoint presentation, during “Oral Communications”, if the presentation is provided to the City Clerk in advance, by noon on the Friday before a City Council meeting. Any presentation will not exceed the 5-minute time limit. (revised 07/11/11)
4. Speakers shall refrain from attacking the character of any person.
The presiding officer, subject to appeal to the Council, shall be the judge of whether speakers are impugning character. (See: Rules Of Decorum - Section 7 E.2.)
5. The presiding officer shall not recognize the same person to speak more than once on the same subject except at the discretion of the City Council unless that person is deemed to be able to give expert advice needed by the Council in their deliberations.
6. Spokesperson for Group of Persons. In order to expedite matters and to avoid repetitious presentations, any group of persons wishing to address the Council on the same subject matter is encouraged to choose a spokesperson to address the Council.
D. Relevancy. At public hearings, speakers shall confine their remarks to those that are relevant to the subject of the hearing. The presiding officer, subject to appeal to the Council, shall be the judge of relevancy.
E. Members of the Audience.
1. A person in the audience who engages in disorderly conduct such as stamping of feet, whistling, using profane language, yelling, or any other type of demonstration, the conduct of which disturbs the peace and good order of the meeting, or who refuses to comply with the lawful orders of the presiding officer, shall, upon instructions from the presiding officer, be removed from the Council Chambers by the Sergeant at Arms.
2. It is the policy of the Council that all members of the public have the right to address the Council and that right includes the right to make remarks that members of the Council may find critical, unpleasant, or even offensive. The Brown Act states that the Council “shall not prohibit public criticism of the policies, procedures, programs or services of the City or the acts or omission of the City Council.” However, the Brown Act also provides that nothing in such provision “shall confer any privilege or protection for expression beyond that otherwise provided by law.” Moreover, the Brown Act also recognizes it is also important that a proper standard of behavior be maintained during meetings and that the City Council is able to complete the public’s business in a timely manner. Therefore, 7 of 13
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the public should respect the order, procedures, and decorum of City Council meetings. Persons addressing the City Council shall adhere to time limits.
F. City Council Remarks.
1. Council Members shall address the public and staff in a courteous manner. While the Council is in session, the members must preserve order and decorum, and a member shall neither by conversation or otherwise delay or interrupt the proceedings or the peace of the Council nor disturb a member while speaking or refuse to obey the orders of the presiding officer. Council Members shall not leave their seats during the meeting without first obtaining the permission of the presiding officer.
2. Each individual Council Member shall respect
the interpersonal style and individual points of view of the other Council Members and shall respect each other’s right to disagree. All Council Members shall exhibit a high degree of decorum and courtesy during the City Council meetings, towards other Council Members, the public, and City staff.
3. Council Members may discuss non-agenda items under any of the following exceptions. Council Members may briefly respond to statements made or questions posed by persons once the presiding officer closes Oral Communications. In addition, on his/her own initiative or in response to questions posed by the public, a Council Member may ask a question for clarification, make a brief announcement, or make a brief report on his/her own activities.
Furthermore, the Council may provide a reference to staff or other resources for factual information, request that staff report back to the Council at a subsequent meeting concerning any matter or take action to direct staff to place a matter of business on a future agenda.
4. Council Members shall not make hostile remarks. Council Members shall not engage in debate with a member of the public at a Council meeting. If a speaker from the public attacks a Council Member, the presiding officer may ask the staff for input, if appropriate. If a speaker from the public makes inflammatory or erroneous statements, after the conclusion of the public input, the presiding officer shall then afford each Council Member the opportunity to briefly respond.
5. Council Members shall keep open minds on all issues prior to deliberation immediately prior to a vote. Council Members shall base their decisions in quasi-judicial matters upon the evidence, including testimony presented at the public hearing.
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6. There shall be no “grandstanding” on any issue. In this context, “grandstanding” means the misuse of the Council dais in a disrespectful and inappropriate manner to state a point of view in a negative manner. “Grandstanding” includes: personally attacking another Council Member, staff or member of the public, walking off the Council dais or leaving any meeting in anger or disgust; emphasizing a political point of view unrelated to the issue before the Council solely for the purpose of playing to the audience; using the dais for nonCity business; addressing the media for political purposes rather than addressing the Council as a body; or purposely misstating the facts of an issue for political purposes.
7. During deliberation on any issue, each Council Member has the right to express his/her opinions as to the issue and be a passionate advocate for a position or point of view. However, City policy is established by the majority and not by any individual Council Member. Council Members, who are in the majority, shall respect the right of the minority to express disagreement with the majority.
Once the decision is reached, Council Members who are in the minority on an issue shall respect the authority of the majority.
8. A Council Member shall retain all of his/her rights and privileges of the dais.
G. Comments regarding City employees. Council Members shall not make comments regarding City personnel matters. Any concerns by a Council Member about the performance of a City employee should be discussed privately with the City Manager. Council Members shall refrain from engaging in personal attacks on staff at any time.
H. Employees. Members of the City staff and employees shall observe the same rules of order and decorum applicable to the City Council.
Members of the City staff may leave their seats during a meeting without first obtaining the permission of the presiding officer.
I. Enforcement of Decorum. The Chief of Police, or such member of the police department as he/she may designate, shall be Sergeant at Arms of the City Council and shall carry out all orders given by the presiding officer for the purpose of maintaining order and decorum at the Council meetings. A Council Member may move to require the presiding officer to enforce the rules and the affirmative vote of a majority of the Council shall require him/her to do so.
J. Violation of the Rules of Decorum. Upon violation of the rules of decorum, the established procedure to enforce the rules shall be as follows:
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1. Warning. Any person making slanderous, libelous, personal, or profane remarks or who becomes boisterous during a City Council meeting shall be called to order by the presiding officer. The presiding officer shall first request that a person who is violating the rules cease such conduct. If, after receiving a request from the presiding officer, the person persists in violating the rules, the presiding officer shall order a recess. Any representative of law enforcement who is present at the meeting when any violations occur shall be authorized to warn the person that his/her conduct is violating the rules and that he/she is requested to cease such conduct. If upon resumption of the meeting the violation persists, the presiding officer shall order another recess, whereupon the presiding officer shall have the authority to ask the law enforcement personnel to remove the person from the meeting and/or to cite the person as being in violation of Penal Code Section 403.
2. Motion to Enforce. If the presiding officer fails to enforce the rules of decorum set forth herein, any Council Member may move to require the presiding officer to do so, and an affirmative vote of a majority of the Council shall require the presiding officer to do so. If the presiding officer fails to carry out the wishes of the majority of the Council in this matter, the majority may designate another Council Member to act as presiding officer for the limited purpose of enforcing the rules of decorum established herein.
3. Clearing the Room. Pursuant to Government Code Section 54957.9, in the event that any meeting is willfully interrupted by a person or groups of persons so as to render the orderly conduct of such meeting unfeasible, and order cannot be restored by the removal of the individuals who are willfully interrupting the meeting, by a majority vote of the City Council, the meeting room may be ordered cleared and the meeting shall continue in session.
Representatives of the press or other news media, except those participating in the disturbance, shall be allowed to attend any session pursuant to the Government Code Section 54957.9. Nothing in this section shall prohibit the Council from readmitting an individual or individuals not responsible for willfully disturbing the orderly conduct of the meeting.
4. Violation of the California Penal Code. Any person who, without authority of law, willfully disturbs or breaks up any meeting, is guilty of a misdemeanor and may be prosecuted under Penal Code Section 403 for disturbing a public meeting.
8. VOTING
A. Failure to Vote. Every Council Member present will cast a vote unless he/she disqualifies himself/herself by reason of conflict of interest. 10 of 13
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1. In the event of a conflict of interest due to a financial interest in the decision, a councilmember must: (i) identify the financial interest that gives rise to the conflict in detail sufficient to be understood by the public (except that disclosure of the exact street address of a residence is not required); and, (ii) publicly state his or her recusal from the matter; and, (iii) leave the room until after the disposition of the matter unless the matter appears on a consent calendar.
2. In addition to a conflict due to financial interest, there are other reasons to abstain, including the following: the Council Member does not wish his/her position to become known, he/she has no preference of position on the issue, has a common law conflict of interest, or is not in a position to vote in favor or against a matter due to absence.
3. For purposes of action of the Council, an abstention shall neither be counted for the majority nor for the minority and shall therefore have the effect as though no vote were cast in result of the vote when counted. The recorded and published vote, however, shall show the abstention.
B. Tie Vote. Tie votes shall be lost motions and may be reconsidered.
C. Changing Vote. A member may change his/her vote only if he/she makes a timely request to do so immediately following the announcement of the vote by the City Clerk and prior to the time that the next item in the order of business is taken up. A Council Member who publicly announces that he/she is abstaining from voting on a particular matter may not subsequently withdraw his/her abstention.
9. COUNCIL MEETING TIME LIMITS
A. Establishing Meeting Time Limit. The City Council shall not consider any new agenda item after 11:00 p.m. at any meeting. No later than 10:45 p.m. the City Council shall determine by a vote thereof to continue the meeting until the remaining agenda items are resolved or reschedule the remaining items to a date certain prior to, the next meeting, or continue the items until the next meeting.
B. Final Adjournment Hour. The City Council shall adjourn any meeting no later than 11:59 p.m. on the date of said meeting.
C. Waiver of Time Limit. The Council may waive these time limits by majority vote.
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10. CITY COUNCIL RELATIONSHIP WITH CITY STAFF
A. Article III of the City Charter provides that the City of Seal Beach operates under the Council-Manager form of government; Article VI of the City Charter defines the duties of the City Manager. Section 406 of the City Charter says that neither the City Council nor any of its members shall interfere with the execution by the City Manager of his/her duties.
B. The Council is the City’s policy-making body, and the City Manager administers the Council’s policies. The Council holds the City Manager responsible for the administration of the City departments. The overall internal administration by the City Manager is necessary in order to assure efficient and economic operations of the various departments pursuant to the Council’s direction.
The practices of each department are subject to review and control by the City Manager.
C. Except for purposes of inquiry, the City Council and its members shall deal with the administrative service solely through the City Manager and shall not give orders to any subordinate of the City Manager, either publicly or privately.
D. Council Member Requests (revised 12/09/13)
1. All Council Member requests for written reports or research shall be addressed to the City Manager. The City Manager shall inform all Council Members that a Council Member has made such a request. Any Council Member may request a copy of any written material provided to the requesting Council Member.
2. If the City Manager determines that responding to a Council Member’s request for a report or research: (1) is outside the scope of the Council’s previously stated policies, goals, or objectives; and (2) would require more than 4 hours of staff time for a response, the City Manager may place the item on a future Council Agenda for further direction from the entire Council.
3. Council Members should contact the City Manager as early as possible if they desire to have any additional written material prior to a City Council meeting. If a Council Member has questions, needs clarification, or needs additional material, he or she shall advise the City Manager as early as possible before a City Council meeting so the staff can meet his or her needs.
4. Council Members may contact the City Attorney at any time and ask questions and make inquiries. However, individual Council Members may not direct the City Attorney to perform research or perform legal services without the City Council, as a body, first providing that direction at a City Council meeting. 12 of 13
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E. City Council agenda reports should be provided to the City Council as early as possible before a meeting but no later than the Friday before that City Council meeting.
F. Staff reports shall give professional input on the issue, including areas of potential controversy and concern, shall try to present all sides of an issue, and shall recommend areas for discussion and decision by the City Council. Once a decision is made by the Council, it shall be fully supported, accepted, and implemented by staff.
G. Any project requested by an individual Council Member must be authorized by the City Manager. If the City Manager deems the project to be outside the bounds of direction or policy from the Council given at a Council meeting, the Council Member making the request may bring the request to the full City Council. Staff responses to requests for written information from one Council Member shall be copied to all Council Members.
H. An exception to the above guidelines may be staff work required in support of a Council Member designated by the City Council to represent the City in an intergovernmental role (e.g., membership on Joint Powers Authority), or relative to a special assignment (e.g., a special task force).
11. CITY COUNCIL NORMS AND CITY COUNCIL AND CITY MANAGER
COMMITMENTS
A. CITY COUNCIL NORMS
1. Maintain a citywide perspective, while being mindful of our districts.
2. Move from “I” to “We,” and from campaigning to governing.
3. Work together as a body, modeling teamwork and civility for our community.
4. Assume good intent.
5. Disagree agreeably and professionally.
6. Utilize long range plans to provide big picture context that is realistic and achievable.
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7. Stay focused on the topic at hand. Ensure each member of Council has an opportunity to speak.
8. Demonstrate respect, consideration, and courtesy to all.
9. Share information and avoid surprises.
10. Keep confidential things confidential, e.g., Closed Session meetings.
11. Respect the Council/Manager form of government and the roles of each party.
12. Communicate concerns about staff to the City Manager; do not criticize staff in public.
B. CITY COUNCIL AND CITY MANAGER COMMITMENTS
1. Agree to follow our agreed upon norms and protocols.
2. Agree to respect each other’s roles.
3. Each person shall contribute to the “care and feeding” of the partnership.
4. Respect the chain of command and use established processes.
12. ISSUANCE
Approved by City Council November 09, 2009, by Resolution No. 5919.
Modified by City Council:
July 11, 2011, by Resolution No. 6160
December 9, 2013, by Resolution No. 6422
July 28, 2014, by Resolution No. 6495
June 12, 2023, by Resolution 7411
Agenda Item G
AGENDA STAFF REPORT
DATE: October 23, 2023
TO: Honorable Mayor and City Council
THRU: Jill R. Ingram, City Manager
FROM: Alexa Smittle, Community Development Director
SUBJECT: General Plan Amendment 19-1 to Change the Land Use Category of the Property at 328 13th Street from Residential High-Density to General Commercial and Zone Change 19-
1 of the Property at 328 13th Street from RHD-20 to GC for the Redevelopment of an Existing Chevron Gas Station, to Change the Zone of 324th 13th Street from RHD-20 to RHD33 in Accordance With SB 330, and to Consider a Negative Declaration for the Project Pursuant to the California
Environmental Quality Act (CEQA)
________________________________________________________________ SUMMARY OF REQUEST:
That the City Council:
1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve General Plan
Amendment 19-1 and Zone Change 19-1; and,
2. Approve Resolution 7462 amending the General Plan to change the land use category of 328 13th Street from Residential High Density to General Commercial; and,
3. Introduce, waive full reading, and read by title only Ordinance 1707 an Ordinance changing the zone of 328 13th Street from RHD-20 to GC and changing the zone of 324th 13th Street from RHD-20 to RHD33; and,
4. Adopt the Negative Declaration pursuant to CEQA based upon finding that there is no substantial evidence that the general plan amendment and zone change will result in significant adverse environmental impacts.
BACKGROUND AND ANALYSIS:
The applicant, Travis Companies, Inc., is requesting that the City Council amend the General Plan to change the land use category of 328 13th Street from Residential High Density to General Commercial, to change the zoning of this property from RHD-20 (Residential High Density – 20 units per acre) to GC (General Commercial), and to change the zoning of 324 13th Street from RHD-20 to RHD-33 (Residential High Density – 33 units per acre). The General Plan land use category for the latter property would remain unchanged as Residential High Density.
This request is part of a development application (Project) that was heard before the Planning Commission on May 15, 2023 and September 5, 2023, for which the Commission conditionally approved a Conditional Use Permit (CUP) and Variance request to allow the reconstruction of the gas station at 1300 PCH and 328 13th Street, with the addition of a 1,200 square foot convenience store, and for which the Commission recommended that the City Council approve the aforementioned zone change and General Plan amendment requests. The Municipal Code delegates decision making authority on CUPs and Variances to the Planning Commission, and their decision was not appealed; therefore, only the zone change and General Plan amendment requests are before the City Council for consideration and action.
G&M Oil Company, the owner of the Chevron gas station located at 1300 Pacific Coast Highway (PCH) on the southeast corner of the PCH and 13th Street, is proposing to demolish the existing gas station and to reconstruct it with modifications. The State of California, through Senate Bill (SB) 445 (enacted in 2014), is requiring that the underground, single wall storage tanks of this site be dug up and replaced by the year 2025. G&M Oil is using this as an opportunity to modernize the service station as a considerable amount of demolition will already need to take place. The proposal includes removing five (5) gas pumps (10 stations) and installing three (3) new gas pumps (6 stations), thereby reducing the intensity of the gas service use.
The existing kiosk station is proposed to be removed and replaced with a new 1,200 square foot convenience store.
In order to accommodate the addition of a convenience store, the applicant is proposing to use the abutting property to its south, located at 328 13th Street, as part of the Project site. This second parcel, also owned by the applicant, is currently developed as a seven-space parking lot. It is located in the RHD-20 zone and the residential high-density land use category of the General Plan. A General Plan amendment to change the land use category to general commercial and a zone change to General Commercial (GC) would be required to use the latter parcel as part of this Project.
However, SB 330, also known as the Housing Crisis Act of 2019, prohibits legislative actions that modify zones or zone standards that would
effectively reduce the capacity to develop residential units that were previously allowed. Thus, to avoid the reduction of residential capacity by rezoning 328 13th Street from RHD-20 to GC, the applicant also proposes to upzone a third parcel that they own, the next abutting property to the south, located at 324 13th Street, from RHD-20 to RHD-33. This third parcel is developed as a single-family residence. This rezoning would effectively allow one more residential unit to be built by-right at 324 13th Street to replace the lost capacity to build one residential unit at 328 13th Street. This rezoning action of the third parcel to RHD-33 would create a transitional zone between the GC zoned property to its north and the RHD-20 property zoned to its south. Both zone changes and plan amendments are legislative actions that require adoption by the City Council, with requirement that the application is first heard by the Planning Commission who will make a recommendation to the City Council.
The seven-space parking lot property was originally developed with a single-family residence. In 1972, a Savings and Loan within 300 feet of the property received approval to redevelop it as a surplus parking lot for its customers. That Savings and Loan is no longer in existence, and that lot was later reconfigured to provide adequate onsite parking for the current use. The gas station itself was developed in 1955 by the Harbor Oil Company. The current property owner purchased the gas station in the 1960s and building records show that the applicant converted the gas station to a self-service station with an attendant’s station in 1973. Outside of periods of construction, the gas station has been in continuous operation for almost 70 years.
As part of the project, the parking lot property will be required to be combined with the primary gas station property at 1300 PCH to form one commercial property through a parcel merger. The Land Use Element of the General Plan designates the properties along this southern portion of the PCH for general commercial use, which it defines as primarily a highwayoriented commercial use for auto-mobile service stations, automobile sales, automobile repair, motels, and hotels, restaurants, and other related uses.
The designation of the parking lot parcel as General Commercial is consistent with the land use designation of the 1300 PCH parcel, and is furthermore consistent with the land use designations of other properties on the south side of this section of the PCH, so there will not be a significant deviation from the existing land use map of the General Plan. This request would extend the General Commercial land use and zoning from up to 100 feet from the PCH to 137.5 feet from the PCH. This 137.5 feet is less than the 150 feet that the immediate general commercial neighboring property to the east (at 1350 PCH) extends, and it falls within the middle the range of 100 to 180 feet in which the general commercial properties on the south side of the PCH between 10th Street and 16th Street extend to the south.
Thus, the proposed General Plan Amendment and Zone Change would remain consistent with the pattern of the properties along the southern portion of the PCH.
PLANNING COMMISSION RECOMMENDATION
This Project was heard by the Planning Commission on May 15, 2023.
Following staff’s presentation, the applicant’s representative and a representative from Chevron testified in support. Thirteen members of the public also provided testimony. One spoke in favor stating that the business was an asset the community and twelve spoke in opposition, primarily citing concerns that the addition of the convenience store was not in character with the neighborhood and concerns that there would be an increase in traffic through their streets. Following public testimony, Commissioner Coles expressed a concern about the noise study, stating that there was a lack of information provided on the equipment, its calibration, and who conducted the study. He also expressed concern regarding the air quality study as to why the Anaheim Air Monitoring Station was used to gather data.
Commissioner Wheeler stated that based on community concerns, she believed more data should be collected on the circulation patterns of vehicles coming into and leaving the gas station. The Commission closed the public hearing and moved that the project be continued for 90 days so that supplemental information could be collected on traffic, air quality, and the noise analysis.
The Project was again heard by the Planning Commission on September 5, 2023. The public hearing was reopened. Updates were provided to the Commission on the noise study regarding information on the equipment, its calibration, and who conducted the study. Background was also provided on why the Anaheim Air Monitoring Station was used to gather data for the air quality study because of the historical data that it maintains that is used by the study. Additionally, a report was provided on traffic observations that were conducted on June 13, 2023 showing that in the morning peak period 70 percent of vehicles enter the site via 13th Street and that 24 percent of the exit via 13th Street. In the afternoon peak period 70 percent of the vehicles enter the site via 13th Street and 11 percent exit via 13th Street.
This Trip Generation Memorandum also showed that converting the gas station from a five-pump station with a kiosk to a three-pump station with a convenience store would generate nearly the same number of trips, so the updates of the gas station would not be considered significant in terms on new trips generated. Fourteen members of the public provided testimony in opposition to the project, many stating that they did not like the use, especially the addition of a convenience store and that they believed the site was too small. Concern was also expressed of potential traffic increase onto 13th Street.
Following public testimony, the Commission discussed the Project and unanimously conditionally approved CUP 19-7 and Variance 22-1, determining that the reconstruction of the gas station and the addition of a convenience store was an appropriate use of the site, and adding a condition that the 13th Street driveway shall be closed at all times, except
for the use by fuel delivery trucks, unless written evidence is provided by the applicant demonstrating to the satisfaction of the Community Development Director that the 13th Street driveway must be open as required by another public agency. In a separate 3-2 vote, the Commission recommended that the City Council approve the requested zone change and General Plan amendment.
ENVIRONMENTAL IMPACT:
An Initial Study was prepared examing potential impacts to the community.
A public review period of the Initial Study was held from September 15, 2022 through October 17, 2022, which included a public meeting held with the City’s Environmental Quality Control Board (EQCB) on October 11, 2022.
Comments were received from the public and the EQCB regarding concerns related to hazardous materials, traffic, noise, light and glare, water quality, cultural resources, underground tank removal, and public services.
An examination of the comments was conducted and a response to the comments was prepared. Additionally, pursuant to AB 52, tribal nations were consulted and the Kizh nation requested to have a cultural monitor present during excavation activities. The project will be conditioned to include monitoring. Following the review of the Initial Study, public comments, and the response to comments, Staff recommends adoption of the Negative Declaration as no significant impacts were identified as a result of the General Plan Amendment and zone change.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved the resolution and ordinance as to form.
FINANCIAL IMPACT:
There is no financial impact associated with the proposed action.
STRATEGIC PLAN:
This item is not applicable to the Strategic Plan.
RECOMMENDATION:
That the City Council:
1. Conduct a public hearing to receive input and consider the Planning Commission’s recommendation to approve General Plan Amendment 19-1 and Zone Change 19-1; and,
2. Approve Resolution 7462 amending the General Plan to change the land use category of 328 13th Street from Residential High Density to General Commercial; and,
3. Introduce, waive full reading, and read by title only Ordinance 1707, an Ordinance changing the zone of 328 13th Street from RHD-20 to GC and changing the zone of 324th 13th Street from RHD-20 to RHD-33; and,
4. Adopt the Negative Declaration pursuant to CEQA based upon finding that there is no substantial evidence that the general plan amendment and zone change will result in significant adverse environmental impacts.
SUBMITTED BY: NOTED AND APPROVED:
Alexa Smittle Jill R. Ingram
Alexa Smittle, Community
Development Director
Jill R. Ingram, City Manager
Prepared by: Shaun Temple, AICP, Planning Manager
ATTACHMENTS:
A. Resolution 7462
B. Draft Ordinance 1707
C. Initial Study/Negative Declaration
D. Public Comments Received during Initial Study Public Review Period E. Response to Public Comments, dated December 15, 2022 F. Trip Generation and Circulation Observation Memo, dated July 11, 2023 G. Planning Commission Resolution No. 23-08
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RESOLUTION 7462
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
SEAL BEACH ADOPTING A NEGATIVE DECLARATION AND
APPROVING GENERAL PLAN AMENDMENT (“GPA”) 19-1
TO CHANGE THE LAND USE CATEGORY OF 328 13TH
STREET FROM RESIDENTIAL HIGH-DENSITY TO GENERAL
COMMERCIAL
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. A duly noticed public hearing was held before the City Council on October 23, 2023 to consider the proposed Negative Declaration (including Initial Study and related Appendices) and the application for GPA 19-1, a request to amend the Land Use Map of the City’s General Plan to change the land use designation of the property located at 328 13th Street from Residential High Density to General Commercial, at which time all interested parties were given the opportunity to be heard and to present evidence. At the public hearing, the City Council received and considered all evidence presented, both written and oral, regarding the subject application.
Section 2. GPA 19-1 is part of a development application (Project) that was heard before the Planning Commission on May 15, 2023 and September 5, 2023, for which the Commission conditionally approved Conditional Use Permit 19-7 and Variance 22-1 to allow the reconstruction of the gas station at 1300 PCH and 328 13th Street, with the addition of a 1,200 square foot convenience store; and for which the Commission recommended that the City Council approve GPA 19-1 and Zone Change 19-1, an associated request to amend the City’s Zoning Map to change the zoning designation of the property located at 328 13th Street from RHD-20 (Residential High Density – 20 units per acre) to GC (General Commercial) and to change the zoning designation of the property located at 324 13th Street from RHD-20 (Residential High Density – 20 units per acre) to RHD-33 (Residential High Density – 33 units per acre).
Section 3. In compliance with the California Environmental Quality Act, Cal. Pub.
Res. Code § 21000 et seq. (“CEQA”) and the State CEQA Guidelines 14 C.C.R. § 15000 et seq., a Negative Declaration (“ND”) has been prepared for General Plan Amendment (“GPA”) 19-1, which would amend the Land Use Map of the City’s General Plan to change the land use designation of the property located at 328 13th Street from Residential High Density to General Commercial. The ND finds that proposed General Plan Amendment and Zone Change would not have a significant effect on the environment. Based on the City Council’s review of the record, and in the exercise of its independent judgment, the City Council hereby approves and adopts the ND in connection with the approval of GPA 19-1 and Zone Change 19-1.
Section 4. No findings are required for legislative acts such as a General Plan Amendment. However, the City Council finds that the General Plan Amendment to change the land use category of the property at 328 13th Street to General Commercial will be 2 of 2
consistent with other properties located along the southern portion of this area of the Pacific Coast Highway and will be internally consistent with the General Plan.
Section 5. The General Plan of the City of Seal Beach is hereby amended to change the land use category of the property located at 328 13th Street to General Commercial.
Section 6. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740.
PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on the 23rd day of October, 2023 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Thomas Moore, Mayor
ATTEST:
Gloria D. Harper, City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution 7462 on file in the office of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on the 23rd day of October, 2023.
Gloria D. Harper, City Clerk
LEGISLATIVE HISTORY
ORDINANCE 1707
AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING ZONE
CHANGE 19-1 TO CHANGE THE ZONE OF THE PROPERTY LOCATED AT 328 13TH STREET FROM RHD-20 TO GC AND TO CHANGE THE ZONE OF THE PROPERTY AT 324 13TH STREET FROM RHD-20 TO RHD-33.
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS:
Section 1. In compliance with the California Environmental Quality Act, Cal. Pub.
Res. Code § 21000 et seq. (“CEQA”) and the State CEQA Guidelines 14 C.C.R. § 15000 et seq., a Negative Declaration (“ND”) has been prepared for Zone Change 19-1, which would amend the City’s Zoning Map to change the zoning designation of the property located at 328 13th Street from RHD-20 (Residential High Density – 20 units per acre) to GC (General Commercial) and to change the zoning designation of the property located at 324 13th Street from RHD-20 (Residential High Density – 20 units per acre) to RHD-33 (Residential High Density – 33 units per acre). The ND finds that the amendment would not have a significant effect on the environment. The City Council, in its independent judgement, approved and adopted the ND on October 23, 2023 in connection with the City Council’s approval of General Plan Amendment 19-1 designating the property at 328 13th Street for General Commercial use.
Section 2. The Zoning Map of the City of Seal Beach is hereby amended to change the zoning designation of the property located at 328 13th Street to GC. The City Council hereby finds that this action is consistent with the General Plan, as amended by separate City Council resolution.
Section 3. The Zoning Map of the City of Seal Beach is hereby amended to change the zoning designation of the property located at 324 13th Street to RHD-33. The City Council hereby finds that this action is consistent with the General Plan, as amended by separate City Council resolution.
Section 4. Severability. If any section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional.
Section 5. Certification. The City Clerk shall certify to the passage and adoption of this Ordinance and shall cause the same to be published or posted in the manner required by law.
Section 6. Effective Date. This Ordinance shall take effect thirty (30) days after passage.
-2-
INTRODUCED at a regular meeting of the City Council of the City of Seal Beach held on the 23rd day of October, 2023.
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at a regular meeting held on the ___ day of _______, 2023.
AYES: Council Members _______________________________________ NOES: Council Members _______________________________________ ABSENT: Council Members _______________________________________ ABSTAIN: Council Members _______________________________________ __________________________
Thomas Moore, Mayor
ATTEST:
___________________________
Gloria D. Harper, City Clerk
APPROVED AS TO FORM:
_________________________
Nicholas Ghirelli, City Attorney
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Gloria D. Harper, City Clerk of the City of Seal Beach, do hereby certify that the foregoing Ordinance was introduced for first reading at a regular meeting of the City Council of the City of Seal Beach held on the 23rd day of October, 2023, and was passed, approved, and adopted by the City Council at a regular meeting on the ____ day of _______, 2023. ___________________________
Gloria D. Harper, City Clerk
1300 Pacific Coast Highway
Gas Station and Mini Market
Initial Study and
Negative Declaration
July 13, 2022
Lead Agency
City of Seal Beach
Community Development Department
211 Eighth Street
Seal Beach, California 90740
Prepared By
Hodge & Associates
1112 Wendy Avenue
Big Bear City, California 92314
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Contents
A.
B.
C.
D.
E.
F.
Project Location and Surrounding Land Uses............................................................................................. 1 Project Description ..................................................................................................................................... 1 Proposed Actions........................................................................................................................................ 1 Statutory Authority..................................................................................................................................... 5 Incorporation by Reference........................................................................................................................ 5 Analysis....................................................................................................................................................... 5
1. 2.
3. 4.
5. 6.
7. 8.
9. Aesthetics......................................................................................................................................... 6 Agriculture and Forestry Resources ................................................................................................. 7 Air Quality......................................................................................................................................... 7 Biological Resources.......................................................................................................................16 Cultural Resources..........................................................................................................................18 Energy.............................................................................................................................................18 Geology and Soils ...........................................................................................................................19 Greenhouse Gas Emissions ............................................................................................................21 Hazards and Hazardous Materials..................................................................................................24
10. Hydrology and Water Quality.........................................................................................................26
11. Land Use and Planning ...................................................................................................................28
12. Mineral Resources..........................................................................................................................29
13. Noise...............................................................................................................................................29
14. Population and Housing .................................................................................................................40
15. Public Services................................................................................................................................41
16. Recreation ......................................................................................................................................42
17. Transportation/Traffic....................................................................................................................42
18. Tribal Cultural Resources................................................................................................................43
19. Utilities and Service Systems..........................................................................................................44
20. Wildfire...........................................................................................................................................45
21. Mandatory Findings of Significance ...............................................................................................46 Tables
Table 1
Table 2
Table 3
Table 4
Table 5
Table 6
Table 7
Table 8
Table 9
Air Quality Monitoring Summary (2017-2020).................................................................................. 8 LST and Project Emissions................................................................................................................10 Daily Emissions Thresholds..............................................................................................................11 Construction Activity Equipment Fleet............................................................................................12 Construction Activity Emissions.......................................................................................................12 Proposed Uses Daily Operational Impacts (2023) ...........................................................................14 Construction Emissions....................................................................................................................23 Operational Emissions .....................................................................................................................23 Construction Equipment Noise Levels at 50-Foot Reference Distance ...........................................35 Table 10 Human Response To Transient Vibration........................................................................................37 Table 11 FTA and Caltrans Guideline Vibration Damage Potential Threshold Criteria ..................................38 Table 12 Estimated Vibration Levels During Project Construction .................................................................38 Exhibits
Exhibit 1 Regional Location............................................................................................................................... 2 Exhibit 2 Project Vicinity................................................................................................................................... 3 Exhibit 3 Site Plan ............................................................................................................................................. 4 Exhibit 4 Noise Compatibility Guidelines........................................................................................................31 Exhibit 5 Noise Meter Location ......................................................................................................................33 page ii
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City of Seal Beach
Appendices
Appendix A – Environmental Checklist
Appendix B – Air Quality/GHG Analysis
Appendix C – Noise Analysis
Appendix D– Trip Generation Memorandum
page iii
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City of Seal Beach
City of Seal Beach
Environmental Analysis Checklist Explanations
Gas Station and Mini Market
A. Project Location and Surrounding Land Uses
The Project site for the proposed development is located at 1300 Pacific Coast Highway and 328 13th Street in the City of Seal Beach (City). The site is within Planning Area 1, the Old Town area of the City.
The proposed Project site is surrounded by commercial establishments, restaurants, and residential uses. It is on the edge of the downtown area of the City.
Part of the subject project area is designated as Commercial-General per the City’s General Plan and is zoned GC – General Commercial. An additional parcel in the proposed project at 328 13th Street is designated as residential high density in the General Plan and is zoned Residential High Density-20.
Exhibit 1 shows the regional location of the Project. Exhibit 2 shows the Project site and the Project vicinity.
B. Project Description
An existing gas station is located at 1300 Pacific Coast Highway in the City of Seal Beach at the intersection of Pacific Coast Highway and 13th Street. The project consists of the demolition of the existing gas station at 1300 Pacific Coast Highway, including five gas pumps, a kiosk, the existing canopy, and two subsidiary structures. The existing underground storage tanks will be removed and any soil contamination will be remediated under California Air Resources Board (CARB) and other state regulations requiring removal of single-wall underground storage tanks. The project includes construction of a new gas station on the property with three replacement gas pumps, new underground storage tanks, a new canopy over the fuel dispensing area, and a 1,200-squarefoot convenience store on an adjacent parcel behind the existing gas station. The project would include an amendment to change the General Plan Land Use Designation of the adjacent parcel at 328 13th Street from residential to commercial to accommodate the new convenience store in connection with the proposed gas station.
C. Proposed Actions
The Project will require City approval of the new gas station and a General Plan and Zoning Code Amendment from residential to commercial of the parcel at 328 13th Street to allow the new convenience store. The proposed Project also requires compliance with environmental procedures (CEQA and CEQA Guidelines).
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Exhibit 1 Regional Location
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City of Seal Beach
Exhibit 2 Project Vicinity
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Exhibit 3 Site Plan
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D. Statutory Authority
The preparation of the Initial Study and Negative Declaration is governed by two principal sets of documents: the California Environmental Quality Act (hereinafter CEQA, California Public Resources Code §21000, et seq.) and the CEQA Guidelines (California Code of Regulations §15000, et seq.).
Additionally, City procedures and case law provide guidance to this Initial Study and Negative Declaration. The environmental analysis presented in this document primarily focuses on the changes in the environment that would result from the Project. This environmental document also evaluates all phases of the Project, including construction and operation.
In compliance with state law and procedures, the City has determined that the Negative Declaration is the appropriate environmental compliance for the proposed Project. Therefore, the City will not cause to be prepared an Environmental Impact Report (EIR). In compliance with §15063 of the CEQA Guidelines, the City conducted an Initial Study to determine if the Project may have a significant effect on the environment. The Initial Study checklist form and explanation discussion format meets the requirements of CEQA. Section 15063(d)(3) requires that the entries on the Initial Study checklist identifying environmental effects be briefly explained to indicate that there is some evidence to support the entries. An Initial Study may rely upon expert opinion supported by facts, technical studies, or other substantial evidence to document its findings. An Initial Study is not intended or required to include a level of detail that would be provided in an EIR. Therefore, in compliance with CEQA and the CEQA Guidelines, the IS/ND is not intended to be a lengthy, detailed document.
E. Incorporation by Reference
Certain documents are incorporated by reference into this Initial Study and Negative Declaration pursuant to CEQA Guidelines §15150. These documents and the locations where they can be inspected are identified in the Environmental Checklist (Appendix A of this Initial Study and Negative Declaration). Where a document is referenced, its pertinent sections will be briefly summarized in the discussions in this environmental document.
F. Analysis
The initial step in the City’s environmental evaluation is the completion of an Environmental Checklist (also known as an “Initial Study”) to identify known or potential impacts and eliminate environmentally irrelevant issues. After each issue listed on the checklist, the City has marked “Potentially Significant Impact,” “Less Than Significant Impact with Mitigation Incorporated,” “Less Than Significant Impact,” or “No Impact” depending on the potential of the Project to have adverse impacts. The Environmental Checklist prepared for the proposed Project is presented in Appendix A of this environmental document.
The following discussion provides explanations for the conclusions contained in the Environmental Checklist regarding the proposed Project’s environmental impacts. 5 Initial Study and
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1. Aesthetics
Would the Project:
a) Have a substantial adverse effect on a scenic vista? (No Impact) The Project site is located in a commercial area that does not provide a scenic vista. Surrounding properties are developed with commercial and residential structures. The Project site is located in a developed area of the City near Old Town. The Project involves demolition of an existing gas station on a commercially zoned-site and construction of a new gas station and convenience store on an adjacent residentially zoned parcel that will be re-zoned from Residential to General Commercial. The proposed gas station will replace an existing facility on the project site. Therefore, the Project will not result in a substantial adverse effect on a scenic vista.
b) Substantially damage scenic resources, including but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway? (No Impact) See response to Item 1.a) above. The 1300 PCH Gas Station Project, including the residentially zoned parcel at 328 13th Street, will not have a significant impact on any scenic resources such as trees, rock outcroppings, or historic buildings. In fact, the Project will replace the existing gas station, including new pumping facilities and gasoline storage tanks. Additionally, PCH is not listed as a state scenic highway in this area, and the proposed Project would not alter any views in the area. Therefore, the Project will not result in any significant impacts for this topical area. c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality? (No Impact) It is not anticipated that the Project will substantially impact the visual character or quality of the site and its surroundings, because the new gas station is replacing an existing station on the site. The project will require a zone change on a small connected residentially zoned parcel to accommodate the new gas station and mini market. However, surrounding and nearby land uses to the Project site include commercial establishments and residences. Therefore, the proposed Project will not result in any significant impacts relative to visual character or quality of the site and its surroundings and does not conflict with any regulations governing scenic quality. d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area? (No Impact)
The surrounding properties are already developed with existing commercial buildings, stores, and residential structures. Lighting associated with the Project will be identical to that featured during operation of the existing gas station. The lighting is not considered significant given the Project’s urbanized location. Therefore, substantial light and/or glare impacts should not occur as a result of the Project, and there is no impact.
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2. Agriculture and Forestry Resources
Would the Project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use? (No Impact) The proposed Gas Station and Convenience Market Project does not involve conversion of any farmland. The proposed Project does not call for rezoning of farmland, nor is it currently zoned for agriculture. The Project is located on Pacific Coast Highway in Planning Area 1, the Old Town area of Seal Beach. Therefore, the proposed Project will not have any impacts on agriculture and forestry resources.
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract? (No Impact) See response to Item 2.a) above. The Project would not conflict with existing zoning for agricultural use, or a Williamson Act contract. The property is not under a Williamson Act contract. Therefore, no impacts to this topical area would occur as a result of the proposed Project. c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in public Resources Code Section 12220(g)), timberland (as defined by Public Resources Code Section 4526), or timberland zoned Timberland Production (as defined by Government Code Section 51104(g))? (No Impact)
The Project does not involve land that is considered forest land or timberland zoned for timberland production. It is a project to replace an existing gas station near the downtown commercial district of Seal Beach. Therefore, no impacts to this topical area would occur as a result of the proposed Project. d) Result in the loss of forest land or conversion of forest land to non-forest use? (No Impact) The Project is located in an existing urban area and does not involve conversion of forest land to nonforest use. Therefore, no impacts to this topical area would occur as a result of the proposed Project. e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to nonforest use? (No Impact) The proposed Project will not have any impact on farmland or agricultural uses. The Project site is within a developed area surrounded by commercial and residential uses. Therefore, the Project will not have any impact that could result in the conversion of property to non-agricultural use.
3. Air Quality
Would the Project:
a) Conflict with or obstruct implementation of the applicable air quality plan? (Less Than Significant Impact)
An Air Quality Impact Analysis for the Project was performed by Giroux & Associates (April 22, 2022) and is included in its entirety as Appendix B to this document. The Project site is located in the South Coast Air Basin (SCAB). The federal Clean Air Act (1977 Amendments) required that designated agencies in any area of the nation not meeting national clean air standards must prepare a plan 7 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
demonstrating the steps that would bring the area into compliance with all national standards. The SCAB could not meet the deadlines for ozone, nitrogen dioxide, carbon monoxide, or PM10. In the SCAB, the agencies designated by the governor to develop regional air quality plans are the South Coast Air Quality Management District (SCAQMD) and the Southern California Association of Governments (SCAG). The two agencies first adopted an Air Quality Management Plan (AQMP) in 1979 and revised it several times, because earlier attainment forecasts were shown to be overly optimistic.
Existing and probable future levels of air quality around the Project area can best be inferred from ambient air quality measurements conducted by the SCAQMD at the Anaheim monitoring station. This station measures both regional pollution levels such as smog, as well as primary vehicular pollution levels near busy roadways such as carbon monoxide and nitrogen oxides. Particulates (PM-10 and PM-2.5) are also monitored at the Anaheim station. Table 1 is a 4-year summary of monitoring data for the major air pollutants compiled from this air monitoring station. From this data the following conclusions regarding air quality trends can be drawn.
Table 1 Air Quality Monitoring Summary (2017-2020)
Number of Days Standards Were Exceeded, and Maximum Levels During Such Violations (Entries shown as ratios = samples exceeding standard/samples taken) Pollutant/Standard 2017 2018 2019 2020
Ozone
1-Hour > 0.09 ppm (S)
8-Hour > 0.07 ppm (S)
8- Hour > 0.075 ppm (F)
Max. 1-Hour Conc. (ppm)
Max. 8-Hour Conc. (ppm)
Carbon Monoxide
0 4
2 1
1 0
1 1
1 6
15 4
0.142
0.097
0.090
0.076
0.112
0.071
0.096
0.082
8- Hour > 9. ppm (S,F)
Max 8-hour Conc. (ppm)
Nitrogen Dioxide
0 2.1
0 1.9
0 1.3
0 1.7
1-Hour > 0.18 ppm (S)
Max. 1-Hour Conc. (ppm)
Inhalable Particulates (PM-10)
24-hour > 50 µg/m3 (S)
24-hour > 150 µg/m3 (F)
Max. 24-Hour Conc. (µg/m3)
Ultra-Fine Particulates (PM-2.5)
24-Hour > 35 µg/m3 (F)
0 0 0 0
0.081 0.066 0.059 0.071
17/332
0/332
128.
13/320
0/320
129.
13/364
0/364
127.
13/329
0/329
120.
6/305
53.9 3/353
54.1 3/346
36.1 1/355
Max. 24-Hour Conc. (µg/m 41.4 3)
Anaheim Air Quality Monitoring Station (3176)
S=State Standard; F=Federal Standard
Source: South Coast AQMD – Azusa Monitoring Station data: www.arb.ca.gov/adam/ Photochemical smog (ozone) levels occasionally exceed standards. All state and federal ozone standards have been exceeded on less than 1% of all days in the past 4 years. While ozone levels are still occasionally elevated, they are much lower than 10 to 20 years ago.
Respirable dust (PM-10) levels exceed the state standard on approximately 4% of measured days. The less stringent federal PM-10 standard has not been exceeded in the last 4 years.
The federal ultra-fine particulate (PM-2.5) standard of 35 µg/m3 has been exceeded on less than 1% of measurement days in the last 4 years.
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
More localized pollutants such as carbon monoxide and nitrogen oxides are very low near the site.
There is substantial excess dispersive capacity to accommodate localized vehicular air pollutants such as NOx or CO without any threat of violating applicable AAQS. Data from a “near roadway” monitoring study directly along the I-5 shoulder (<50 feet) in Anaheim showed noticeably elevated levels of NOx and CO, but even at this close distance federal clean air standards were not exceeded.
Although complete attainment of every clean air standard is not yet imminent, extrapolation of the steady improvement trend suggests that such attainment could occur within the reasonably near future. The SCAQMD has initiated development of the 2022 AQMP to address the attainment of the 2015 8-hour ozone standard (70 ppb) for South Coast Air Basin and the Coachella Valley, which will focus on attaining the 70 ppb 8-hour ozone National Ambient Air Quality Standard (NAAQS) by 2037.
On-road vehicles and off-road mobile sources represent the largest categories of NOx emissions.
Accomplishment of attainment goals requires an approximate 70% reduction in NOx emissions. Large scale transition to zero emission technologies is a key strategy. To this end, Governor Executive Order N-79-20 requires 100% EV sales by 2035 for automobiles and short haul drayage trucks. A full transition to EV buses and heavy-duty long-haul trucks is required by 2045.
The proposed Project does not directly relate to the AQMP in that there are no specific air quality programs or regulations governing commercial development Projects. Conformity with adopted plans, forecasts and programs relative to population, housing, employment and land use is the primary yardstick by which impact significance of planned growth is determined. The SCAQMD, however, while acknowledging that the AQMP is a growth-accommodating document, does not favor designating regional impacts as less-than-significant just because the proposed development is consistent with regional growth projections. Air quality impact significance for the proposed Project has therefore been analyzed on a Project-specific basis.
Standards of Significance
Air quality impacts are considered “significant” if they cause clean air standards to be violated where they are currently met, or if they “substantially” contribute to an existing violation of standards. Any substantial emissions of air contaminants for which there is no safe exposure, or nuisance emissions such as dust or odors, would also be considered a significant impact.
Appendix G of the CEQA Guidelines offers the following four tests of air quality impact significance. A Project would have a potentially significant impact if it:
a) Conflicts with or obstructs implementation of the applicable air quality plan. b) Results in a cumulatively considerable net increase of any criteria pollutants for which the Project region is non-attainment under an applicable federal or state ambient air quality standard.
c) Exposes sensitive receptors to substantial pollutant concentrations. d) Creates objectionable odors affecting a substantial number of people.
Localized Significance Thresholds
The SCAQMD has developed analysis parameters to evaluate ambient air quality on a local level in addition to the more regional emissions-based thresholds of significance. These analysis elements are called Localized Significance Thresholds (LSTs). LSTs were developed in response to Governing Board’s 9 Initial Study and
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Environmental Justice Enhancement Initiative 1-4, and the LST methodology was provisionally adopted in October 2003 and formally approved by SCAQMD’s Mobile Source Committee in February 2005.
Use of an LST analysis for a Project is optional. For the proposed Project, the primary source of possible LST impact would be during construction. LSTs are applicable for a sensitive receptor where it is possible that an individual could remain for 24 hours such as a residence, a hospital, or a convalescent facility.
LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM-10 and PM-2.5). LSTs represent the maximum emissions from a project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor.
LST screening tables are available for 25-, 50-, 100-, 200- and 500-meter source-receptor distances.
The closest sensitive use is directly to the south; therefore, the most stringent thresholds for a 50- meter distance was modeled.
The SCAQMD has issued guidance on applying CalEEMod to LSTs. LST pollutant screening level concentration data is currently published for 1-, 2- and 5-acre sites for varying distances. For this Project, the most stringent thresholds for a 1-acre site were applied.
The following thresholds and emissions in Table 2 are therefore determined (pounds per day):
Table 2 LST and Project Emissions
LSR 1 acre/25 meters CO NOx PM-10 PM-2.5
N Coastal Orange County (pounds per day)
LST Thresholds
Max On-Site Emissions
647
8 92
12 4
3 3
2 CalEEMod Output in Appendix
Includes watering twice daily during the two days of grading LSTs were compared to the maximum daily construction activities. As seen in Table 2, LST impacts are less-than-significant. The proposed Project involves the demolition and replacement of a gas station at 1300 Pacific Coast Highway in the City of Seal Beach. The Project will not conflict with or obstruct implementation of the South Coast Air Basin’s Air Quality Management Plan. Therefore, less than significant impacts will occur in this issue area.
The Project involves demolition and replacement of a gas station at 1300 PCH in the City of Seal Beach.
Air quality impacts are considered “significant” if they cause clean air standards to be violated where they are currently met, or if they “substantially” contribute to an existing violation of standards. Any substantial emissions of air contaminants for which there is no safe exposure, or nuisance emissions such as dust or odors, would also be considered a significant impact.
Appendix G of the California CEQA Guidelines offers the following five tests of air quality impact significance. A project would have a potentially significant impact if it:
a)
b)
Conflicts with or obstructs implementation of the applicable air quality plan.
Violates any air quality standard or contributes substantially to an existing or projected air quality violation.
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c) Results in a cumulatively considerable net increase of any criteria pollutants for which the project region is non-attainment under an applicable federal or state ambient air quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors).
d)
e)
Exposes sensitive receptors to substantial pollutant concentrations.
Creates objectionable odors affecting a substantial number of people.
Primary Pollutants
Air quality impacts generally occur on two scales of motion. Near an individual source of emissions or a collection of sources such as a crowded intersection or parking lot, levels of those pollutants that are emitted in their already unhealthful form will be highest. Carbon monoxide (CO) is an example of such a pollutant. Primary pollutant impacts can generally be evaluated directly in comparison to appropriate clean air standards. Violations of these standards where they are currently met, or a measurable worsening of an existing or future violation, would be considered a significant impact. Many particulates, especially fugitive dust emissions, are also primary pollutants. Because of the nonattainment status of the South Coast Air Basin (SCAB) for PM-10, an aggressive dust control program is required to control fugitive dust during Project construction.
Secondary Pollutants
Many pollutants, however, require time to transform from a more benign form to a more unhealthful contaminant. Their impact occurs regionally far from the source. Their incremental regional impact is minute on an individual basis and cannot be quantified except through complex photochemical computer models. Analysis of the significance of such emissions is based upon a specified amount of emissions (e.g., pounds, tons) even though there is no way to translate those emissions directly into a corresponding ambient air quality impact.
Because of the chemical complexity of primary versus secondary pollutants, the SCAQMD has designated significant emissions levels as surrogates for evaluating regional air quality impact significance independent of chemical transformation processes. Projects with daily emissions that exceed any of the following emission thresholds are recommended by the SCAQMD to be considered significant under CEQA guidelines.
Table 3 Daily Emissions Thresholds
Pollutant
ROG
NOx
Construction Operations
75 100
550
150
55 55
55 550
150
55 CO
PM-10
PM-2.5
SOx 150 150
Lead 3 3
Source: SCAQMD CEQA Air Quality Handbook, November 1993 Rev. 11 Initial Study and
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Additional Indicators
In its CEQA Handbook, the SCAQMD also states that additional indicators should be used as screening criteria to determine the need for further analysis with respect to air quality. The additional indicators are as follows:
• Project could interfere with the attainment of the federal or state ambient air quality standards by either violating or contributing to an existing or projected air quality violation.
Project could result in population increases within the regional statistical area which would be in excess of that projected in the AQMP and in other than planned locations for the project’s build-out year.
•
• Project could generate vehicle trips that cause a CO hot spot.
Construction Activity Impacts
CalEEMod was developed by the SCAQMD to provide a model by which to calculate construction emissions and operational emissions from a variety of land use projects. It calculates the daily maximum and annual average emissions for criteria pollutants as well as total or annual greenhouse gas (GHG) emissions.
The Project is proposing to develop the site with a new gas station with six fueling positions and a small convenience store. The existing gas station components will be demolished. Construction was modeled in CalEEMod2020.4.0 using the construction equipment and schedule for a Project of this size as shown in Table 4.
Table 4 Construction Activity Equipment Fleet
Phase Name and Duration
Demolition (10 days)
Equipment
1 Concrete Saw
1 Dozer
2 Loader/Backhoes
Grading (2 days) 1 Grader
1 Dozer
1 Loader/Backhoe
Construction (100 days)
Paving (5 days)
1 Crane
2 Loader/Backhoes
2 Forklifts
1 Paver
4 Mixers
1 Loader/Backhoe
1 Roller
Utilizing the indicated equipment fleet and durations shown in Table 4 the worst-case daily construction emissions are calculated by CalEEMod and are listed in Table 5.
Table 5 Construction Activity Emissions
Maximum Daily Emissions
(pounds/day)
Maximal Construction Emissions
2022*
2023
ROG
1.1 1.8
NOx
12.0 6.4
CO
7.8 7.6
550
SO2
0.0 0.0
150
PM-10
3.0 0.5
PM-2.5
1.7 0.3
SCAQMD Thresholds 75 100 150 55
*watering twice daily during the 2 days of grading
12 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Peak daily construction activity emissions are estimated to be below SCAQMD CEQA thresholds without the need for added mitigation.
Construction equipment exhaust contains carcinogenic compounds within the diesel exhaust particulates. The toxicity of diesel exhaust is evaluated relative to a 24-hour per day, 365 days per year, 70-year lifetime exposure. The SCAQMD does not generally require the analysis of construction-related diesel emissions relative to health risk due to the short period for which the majority of diesel exhaust would occur. Health risk analyses are typically assessed over a 9-, 30-, or 70-year timeframe and not over a relatively brief construction period due to the lack of health risk associated with such a brief exposure.
Construction activities are not anticipated to cause dust emissions to exceed SCAQMD CEQA thresholds. Nevertheless, emissions minimization through enhanced dust control measures is recommended for use because of the non-attainment status of the air basin. Recommended measures include:
Fugitive Dust Control
•
•
Apply soil stabilizers or moisten inactive areas.
Water exposed surfaces as needed to avoid visible dust leaving the construction site (typically 2 to 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.
Similarly, 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 for diesel exhaust is recommended. Combustion emissions control options include the following.
Exhaust Emissions Control
•
•
•
Utilize well-tuned off-road construction equipment.
Establish a preference for contractors using Tier 3 or better rated heavy equipment.
Enforce 5-minute idling limits for both on-road trucks and off-road equipment.
Current practices and air quality regulations dictate the following measures should be followed to minimize fugitive dust or vehicle emissions from construction equipment. During construction activities, the contractor shall ensure that measures are complied with to reduce short-term (construction) air quality impacts associated with the Project: a) apply soil stabilizers or moisten inactive disturbed areas (such as covering stock piles with tarps) to meet South Coast Air Quality Management District (SCAQMD) Rule 403 (Fugitive Dust); b) stabilize previously disturbed areas if subsequent construction is delayed; c) apply water two times daily, or non-toxic soil stabilizers according to manufacturer’s specifications, to all disturbed unpaved surfaces; d) minimize in-out traffic from construction zone; e) cover all trucks hauling dirt, sand, or loose material or require all trucks to maintain at least two feet of freeboard; f) sweep streets daily if visible soil material is carried out from 13 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
the construction site; g) prepare a high wind dust control plan; h) cover all stock piles with tarps at the end of each day as needed; i) provide water spray during loading and unloading of earthen materials; j) utilize well-tuned off-road construction equipment; k) establish a preference for contractors using Tier 3 or better heavy equipment; and l) enforce 5-minute idling limits both on-road trucks and offroad equipment. As a result, impacts will be less than significant.
Operational Impacts
The Project would generate 1,032 daily trips using trip generation numbers provided in the Project traffic report. This number is less than the current 1,720 trips generated by the existing use.
Nevertheless, the Project operational emissions impact was calculated as if all trips were new trips as a worst-case condition.
Operational emissions were calculated using CalEEMod2020.4.0 for an assumed full occupancy year of 2023. The operational impacts are shown in Table 6. As shown, operational emissions will not exceed applicable SCAQMD operational emissions CEQA thresholds of significance even without taking credit for existing on-site use.
Table 6 Proposed Uses Daily Operational Impacts (2023)
Operational Emissions
(lbs/day)
Source ROG
<0.1
<0.1
1.8 1.8
55 NOx
<0.1
<0.1
1.1 1.1
55 CO
0.0 0.0
9.5 9.5
550
No
SO2
<0.1
<0.1
<0.1
<0.1
150
No
PM-10
<0.1
<0.1
1.3 1.3
150
No
PM-2.5
<0.1
<0.1
0.4 0.4
55 Area
Energy
Mobile
Total
SCAQMD Threshold
Exceeds Threshold? No No No
Source: CalEEMod Output in Appendix
As seen in Table 6, the Project would not cause any operational emissions to exceed their respective SCAQMD CEQA significance thresholds. Operational emission impacts are judged to be less than significant. No impact mitigation for operational activity emissions is considered necessary to support this finding.
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard? (Less Than Significant Impact)
See response to Item 3.a) above. The Project site is located in the South Coast Air Basin, which is a designated non-attainment area. The Project does not represent significant growth beyond that previously evaluated and forecasted for air quality cumulative impacts of basin-wide growth and development. Therefore, the Project will not result in any significant impacts cumulatively to air quality.
c) Expose sensitive receptors to substantial pollutant concentrations? (Less Than Significant Impact)
See response to Item 3.a) above.
14 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Gasoline Dispensing Emissions and Health Risk
The gasoline station is subject to and required to comply with SCAQMD Rules 461 (Gasoline Transfer and Dispensing) as well as a Permit to Construct and Permit to Operate, Rules 201 and 203, respectively.1 These required permits identify a maximum annual throughput allowed based on specific fuel storage and dispensing equipment that is proposed by the operator.
Rule 461 – Gasoline Transfer and Dispensing requires annual throughput reporting requirements. It is designed to regulate gasoline vapor emissions from gasoline transfer and dispensing processes. The rule was initially adopted in 1976 and has been amended several times.
Vapor recovery systems are required at gas stations to collect gasoline vapors that would otherwise escape into the atmosphere. All retail service stations under the SCAQMD jurisdiction have Phase I and II vapor recovery systems to control gasoline emissions. Phase I vapor recovery refers to the collection of gasoline vapors displaced from storage tanks when cargo tank trucks make gasoline deliveries.
Phase II vapor recovery systems control the vapors displaced from the vehicle fuel tanks during refueling. All gasoline is stored underground with valves installed on the tank vent pipes to further control gasoline emissions.
ROG is associated with fueling activity and is one of the major ingredients that contributes to groundlevel ozone (smog) formation. The proposed fuel dispensing operation is considered a stationary source emitter and is regulated in order to control the emissions of ROG.
The EPA has published a calculator to determine the ROG content for Gasoline Dispensing Facilities.2 Based on the project having 6 fueling positions and 3 fuel dispensers, the emissions potential is 1.041 tons per year for ROG.
The project would minimize the release of gasoline vapors via compliance with SCAQMD Rule 461, Gasoline Transfer and Dispensing, by installing a Phase II vapor recovery system for gasoline pumps and a Phase I vapor recovery system for the gasoline underground storage tanks. Although South Coast AQMD Rule 461 will reduce ROG emissions they are not eliminated from the fueling process.
Gasoline vapors also have the potential to produce Toxic Air Contaminants (TACs). TACs are defined by CARB as pollutants that “may cause or contribute to an increase in deaths or serious illness, or which may pose a present or potential hazard to human health.” TACs include benzene, hexane, MTBE, toluene, and xylene. However, only three (benzene, ethylbenzene, and naphthalene) result in cancer effects and are analyzed for cancer risk. Although gasoline vapors have non-cancer impacts, the risks from retail gasoline dispensing facilities are dominated by cancer risk.
The SCAQMD has published a Risk Assessment Procedures document for Rules 1401, 1401.1 & 212,3 which provides screening-level risk estimates for gasoline dispensing operations. These thresholds are utilized in order to identify potentially significant health risk impacts that may result from exposure to 1 http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2 2 https://www.google.com/search?ei=R68OXfKyI8HAsQW_15ewBQ&q=voc+percentage+gasoline+dispensing+ storage&oq=voc+percentage+gasoline+dispensing+storage&gs_l=psy-ab.3...3154.9514..9936...2.0..0.128.2351. 1j20......0....1..gws-wiz.......0i71j33i22i29i30j33i299j33i160.DNXhdXyHYdk 3 http://www.aqmd.gov/docs/default-source/rule-book/ProposedRules/1401/riskassessmentprocedures_2017_080717.pdf 15 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
sensitive populations. This screening-level risk estimate is very conservative (i.e., it would overstate rather than understate potential impacts.
The cancer risk look-up screening tables, located in Appendix N,4 are available for various meteorological receptor areas located within the SCAQMD jurisdiction. The screening tables are also dependent on annual throughput and distance to a sensitive receptor. For this project, the applicant estimates a throughput of approximately 110 million gallons per month. The most stringent 25-foot source receptor distance was modeled for the closest residential use. Additionally, cancer risk at the J.H. McGaugh Elementary School which is approximately 500 meters from the site was evaluated.
Based on the look up tables it is anticipated the closest residential receptor in the project vicinity will be exposed to a cancer risk of 3.6 in 1 million for below ground tanks. This risk is much less than the applicable threshold of 10 in 1 million.
Rule 1401.1 requires the facility-wide cancer risk to be less than 1 in 1 million at any school or school under construction within 500 feet of the facility. The cancer rate at the elementary school would be
0.03 in 1 million. These risks are much less than the applicable threshold of 1 in 1 million. Therefore, no mitigation is required.
Underground storage tanks have a limited lifetime though the rate of corrosion and tank failure is completely dependent on tank type, installation, and site circumstances. Replacing the existing older storage tanks with newer and safer tanks can only provide a benefit in terms of possible leaks or gas vapors. The existing single-wall storage tanks are being removed under CARB regulations and an upcoming December 31, 2025 deadline.
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people? (Less Than Significant Impact)
See response to item 3.c) above. The proposed demolition and reconstruction of the gas station will not create any significant objectionable odors. Therefore, the proposed Project will not result in any significant impacts of objectionable odors affecting a substantial number of people.
4. Biological Resources
Would the Project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (No Impact)
The City’s General Plan Open Space/Recreation/Conservation Element describes “open space land” as “any parcel or area of land or water that is essentially unimproved or contains only minor improvements and is devoted to an open space use.”5 The Project site is the existing gas station at 1300 Pacific Coast Highway and the residentially zoned parcel at 328 13th Street in a completely developed area included in the Old Town area of Seal Beach. The Project site has been previously graded in conjunction with the existing gas station on the property. The Project site does not contain 4 http://www.aqmd.gov/docs/default-source/permitting/rule-1401-risk-assessment/attachmentn-v8-1.pdf?sfvrsn=4 5 City of Seal Beach Open Space/Recreation/Conservation Element Page OS-1 16 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
any sensitive habitat or wildlife resources, nor is it in an open space area. The site is in the downtown commercial district of the City of Seal Beach. Therefore, the Project will not result in any significant impacts to biological resources.
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service? (No Impact) See response to Item 4.a) above. Sensitive natural communities called out by the City of Seal Beach General Plan are primarily located in open space and undeveloped areas of the community. There are no riparian habitats associated with the gas station site. The Project site does not contain any riparian habitat or sensitive natural communities. Therefore, no impacts to riparian or other sensitive natural communities are anticipated.
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means? (No Impact)
See response to Item 4.a) above. The site is located in an urbanized area of the downtown and does not contain wetlands. The Project does not propose any interruption of hydrological flow or increase in hard surface that would increase flows toward the ocean. The Project involves the replacement of an existing gas station. Therefore, no impacts to riparian habitats or wetlands will result from the proposed Project.
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impede the use of native wildlife nursery sites? (No Impact)
See response to Item 4.a) above. The site is located in the commercial downtown area of the City of Seal Beach. The site does not contain any sensitive habitat or wildlife resources. There are no migratory wildlife corridors on the Project site and the Project itself will not interfere with any native resident or migratory fish or wildlife species. Therefore, there will be no impacts on any wildlife species in the Project area.
e) Conflict with any local policies or ordinance protecting biological resources, such as a tree preservation policy or ordinance? (No Impact)
See response to Item 4.a) above. The Project site does not contain any biological resources. The Project is replacement of the existing gas station in the City’s Old Town Plan area. It is surrounded by restaurants, commercial establishments, and residences. There are no biological resources on the site.
Therefore, the Project will not conflict with any policies or ordinance pertaining to biological resources. f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan? (No Impact)
See responses to Items 4.a) and 4.e) above. The site is located in an urbanized area. The site does not include a Habitat Conservation Plan or a Natural Community Conservation Plan. The proposed replacement of the existing gas station does not involve any activities that would impact biological resources that would be subject to a conservation plan. 17 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
5. Cultural Resources
Would the Project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5? (No Impact)
The City’s General Plan/Historical Resources Element includes a comprehensive evaluation of historical resources citywide.6 The Project proposes the demolition and replacement of an existing gas station at 1300 Pacific Coast Highway and construction of a mini market on the parcel at 328 13th Street near the Old Town area of the City.
Identified archeological resources within the City of Seal Beach are primarily located on the Naval Weapons Station, the Hellman Ranch property, and potentially on the Boeing property. This Project is located in the Old Town planning area of the City of Seal Beach. The Project site is an operating gas station. The City’s Cultural Resources Element does not mention any recorded archeological sites in the Project area. Therefore, due to the nature of the Project, it is anticipated that the Project will not have any impacts on cultural (including historical) resources. b) Cause a substantial adverse change in the significance of an archeological resource pursuant to §15064.5? (No Impact)
See response to Item 5.a) above. The Project is proposed to replace an existing gas station on PCH. The proposed Project will require no grading due to the nature of the Project. Therefore, it is not anticipated that the Project will result in any significant impact to archaeological resources.
See response to Item 5.a) above. The General Plan Cultural Resources Element did not call out the Old Town planning area as a place with significant cultural resources. It is not anticipated that the Project will result in any direct or indirect impacts to unique paleontological resources or geologic features due to the type of Project and existing developed condition of the property. c) Disturb any human remains, including those interred outside of dedicated cemeteries? (No Impact)
See responses to Items 5.a) and 5.b) above. The site is located in an urbanized area with adjacent developed uses (restaurants, commercial establishments, and residences). Due to the developed condition of the site, it is not anticipated that the Project would result in any impacts relative to disturbance of human remains, including those interred outside formal cemeteries.
6. Energy
Would the Project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation? (No Impact)
The proposed Project will be built according to contemporary building and natural resources conservation regulations and will operate more efficiently than the existing gas station on the 6 City of Seal Beach General Plan/Cultural Resources Element, as amended 12/03, page CR-2. 18 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
property. Therefore, the Project will not result in wasteful, inefficient, or unnecessary consumption of energy resources during project operation or construction. Therefore, there will be no impacts. b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency? (No Impact)
The Project does not conflict with or obstruct state or local plans for renewable energy or energy efficiency. In fact, the new gas station will provide a dedicated pump island for bio-fuels as an alternative to standard gasoline. Therefore, there will be no impacts in this area.
7. Geology and Soils
Would the Project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i. Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map, issued by the State Geologist for the area or based on other substantial evidence of a known fault? (Less Than Significant Impact) The City’s General Plan/Safety Element includes an evaluation of public safety that addresses geology and soils of the City and is herein incorporated by reference.7 The City, as well as most of Southern California, is located in a region of historic seismic activity. There have been many earthquakes throughout recorded history; some have been large. The 1933 Long Beach earthquake was the most powerful and closest shock to hit Seal Beach in living memory, and the 1994 Northridge quake was the most recent powerful shock. In October 1969, a quake occurred that was felt predominantly in Seal Beach and Northwest Orange County. By way of comparison, the three quakes listed above had the following magnitudes: 1933 Long Beach, 6.3; 1994 Northridge, 6.8; 1969 Seal Beach, 4.3. The active faults of Southern California will continue to be subjected to stresses that produce movement that in turn cause earthquakes of varying magnitude and intensity.
A known active fault system is located within the limits of the City. The Seal Beach Fault, a segment of the Newport-Inglewood Fault Zone, is located within the City and generally parallels the coastline, extending from Long Beach generally through the Hellman Ranch property and the Seal Beach Naval Weapons Station. This fault has been delineated on the Alquist-Priolo Earthquake Fault Zone. The principal seismic hazard that could affect the Project site is ground shaking resulting from an earthquake occurring along any of the major active faults in Southern California. The most significant known active faults include the Newport-Inglewood, Whittier, and Palos Verdes faults. The closest known active fault to the Project site includes the Newport Inglewood (L.A. Basin) fault, which is approximately 1.5 miles from the Pacific Coast Highway Project site. Surface rupture occurs when the ground surface breaks during or as a consequence of seismic activity. As indicated previously, the site is located near an Alquist-Priolo zone, but there are no identified faults within the Project site property. Therefore, potential for surface rupture on site is considered low due to the lack of known active faults specifically on-site.
7 City of Seal Beach General Plan/Safety Element, adopted 12/03, pages S-30 to S-56. 19 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
The potential for damage resulting from seismic-related events exists within the City, as it does throughout Southern California. Seismic hazards include ground shaking, ground failure, ground displacement, tsunamis, and seiches. The site is not located in an area of the City that is designated as having liquefaction potential per the State of California Seismic Hazard Zones Map, Seal Beach Quadrangle (1998).
The site is expected to be subject to moderate to severe ground shaking from a regional seismic event within the projected life of the proposed gas station. However, a gas station already exists on the site and the replacement gas station will not increase the site’s susceptibility to geological issues. With the implementation of modern building codes designed to secure structures during seismic events, impacts in this area will be less than significant.
The topography of the site is relatively flat. The site is not located in an area of generally unique geologic or physical features.
ii. Strong seismic ground shaking? (Less Than Significant Impact) See response to Item 7.a)i) above. Due to the nature of the Project, all potential impacts relative to geology and soils are less than significant.
iii. Seismic-related ground failure, including liquefaction? (Less Than Significant Impact) See response to Item 7.a)i) above. The site is not located in an area of the City that is designated as liquefaction hazard zone per the state’s Seismic Hazard Zones Map. Therefore, all potential impacts relative to geology and soils are at a less than significant level. iv. Landslides? (No Impact)
The property is flat. The site is not subject to potential impacts associated with landslides. Therefore, it is not anticipated that Project activities will result in any impacts associated with landslides. b) Result in substantial soil erosion or the loss of topsoil? (No Impact) The Project will not result in any impacts to soil erosion or loss of topsoil. The site has been previously graded in conjunction with the existing use. The site is relatively flat in topography and will not require grading. Therefore, there are no impacts from the Project in the area of potential loss of topsoil. c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project, and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse? (No Impact)
See response to Item 7.a)i) above. Due to the nature of the Project, all potential impacts relative to geology and soils are at a less than significant level. d) Be located on expansive soil, as defined in Table 18-1-B of the Uniform Building Code (1994), creating substantial risks to life or property? (Less Than Significant Impact) See response to Item 7.a)i), which addresses geology and soils. The site includes the existing gas station at 1300 Pacific Coast Highway in the City of Seal Beach. The Project, replacement of the existing gas station and convenience market in Seal Beach will involve no grading and all potential impacts relative to geology and soils will be at a less than significant level. 20 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
e) Have soils incapable of adequately supporting the use of septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water? (No Impact)
The Project site will be served by the local sewer and water system; as such, the Project does not involve issues pertaining to soils incapable of supporting septic tanks or alternative wastewater disposal systems.
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature? (No Impact)
The Project will not indirectly destroy a unique paleontological resource or site or unique geologic feature. The Project involves demolition of an existing gas station and replacement with a new gas station with fewer pumps. There are no unique geologic features on the site.
8. Greenhouse Gas Emissions
Would the Project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment? (Less Than Significant Impact) “Greenhouse gases” (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as “global warming.” These greenhouse gases contribute to an increase in the temperature of the earth’s atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. Fossil fuel consumption in the transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately one-half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions.
California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include AB 32, SB 1368, SB 375, EO S-03-05, EO S-20-06 and EO S-01-07.
AB 32 is one of the most significant pieces of environmental legislation that California has adopted.
Among other things, it is designed to maintain California’s reputation as a “national and international leader on energy conservation and environmental stewardship.” It will have wide-ranging effects on California businesses and lifestyles as well as far reaching effects on other states and countries. A unique aspect of AB 32, beyond its broad and wide-ranging mandatory provisions and dramatic GHG reductions are the short time frames within which it must be implemented. Major components of the AB 32 include:
•
•
•
Require the monitoring and reporting of GHG emissions beginning with sources or categories of sources that contribute the most to statewide emissions.
Requires immediate “early action” control programs on the most readily controlled GHG sources.
Mandates that by 2020, California’s GHG emissions be reduced to 1990 levels. 21 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
•
•
Forces an overall reduction of GHG gases in California by 25-40%, from business as usual, to be achieved by 2020.
Must complement efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants.
Statewide, the framework for developing the implementing regulations for AB 32 is underway.
Additionally, through the California Climate Registry, general and industry-specific protocols for assessing and reporting GHG emissions have been developed. GHG sources are categorized into direct sources (i.e., company owned) and indirect sources (i.e., not company owned). Direct sources include combustion emissions from on-and off-road mobile sources, and fugitive emissions. Indirect sources include off-site electricity generation and non-company owned mobile sources.
In response to the requirements of SB97, the State Resources Agency developed guidelines for the treatment of GHG emissions under CEQA. These new guidelines became state laws as part of Title 14 of the California Code of Regulations in March 2010. The CEQA Appendix G Guidelines were modified to include GHG as a required analysis element. A project would have a potentially significant impact if it:
• Generates GHG emissions, directly or indirectly, that may have a significant impact on the environment, or
• Conflicts with an applicable plan, policy, or regulation adopted to reduce GHG emissions.
Section 15064.4 of the Code specifies how significance of GHG emissions is to be evaluated. The process is broken down into quantification of project-related GHG emissions, making a determination of significance, and specification of any appropriate mitigation if impacts are found to be potentially significant. At each of these steps, the new GHG guidelines afford the lead agency with substantial flexibility.
Emissions identification may be quantitative, qualitative or based on performance standards. CEQA guidelines allow the lead agency to “select the model or methodology it considers most appropriate.” The most common practice for transportation/combustion GHG emissions quantification is to use a computer model such as CalEEMod, as was used in the ensuing analysis.
The significance of those emissions then must be evaluated; the selection of a threshold of significance must take into consideration what level of GHG emissions would be cumulatively considerable. The guidelines are clear that they do not support a zero-net emissions threshold. If the lead agency does not have sufficient expertise in evaluating GHG impacts, it may rely on thresholds adopted by an agency with greater expertise.
On December 5, 2008, the SCAQMD Governing Board adopted an Interim quantitative GHG Significance Threshold for industrial projects where the SCAQMD is the lead agency (e.g., stationary source permit projects, rules, plans) of 10,000 metric tons (MT) CO2 equivalent/year. In September 2010, the Working Group released revisions which recommended a threshold of 3,000 MT CO2e for all land use types. This 3,000 MT/year recommendation has been used as a guideline for this analysis. In the absence of an adopted numerical threshold of significance, Project-related GHG emissions in excess of the guideline level are presumed to trigger a requirement for enhanced GHG reduction at the Project level.
22 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Construction Activity GHG Emissions
CalEEMod assumes the Project to require less than one year for construction but could occur over two calendar years. During Project construction, the CalEEMod2020.4.0 computer model predicts that the construction activities will generate the annual CO2e emissions identified in Table 7.
Table 7 Construction Emissions
CO2e
(metric tons)
Year 2022
Year 2023
56.0 4.9
Total
Amortized
60.9 2.0
CalEEMod output provided in appendix
SCAQMD GHG emissions policy from construction activities is to amortize emissions over a 30-year lifetime. The amortized level is also provided. GHG impacts from construction are considered individually less-than-significant.
Project Operational GHG Emissions
The input assumptions for operational GHG emissions calculations, and the GHG conversion from consumption to annual regional CO2e emissions are summarized in the CalEEMod2020.4.0 output files found in the appendix of this report.
The total operational and annualized construction emissions for the proposed Project are identified in Table 8. The Project GHG emissions are considered less-than-significant. This conclusion is reached by counting all trips as “new” rather than taking any credit for the current use which generates more trips than proposed. In this respect, the Project is air quality positive.
Table 8 Operational Emissions
Consumption Source
Area Sources
Metric Tons
0.0 Energy Utilization
Mobile Source
Solid Waste Generation
Water Consumption
Construction
1.8 232.7
0.0 0.3
2.0 Total 236.8
Guideline Threshold 3,000
Worst-case total Project GHG emissions are substantially below the proposed significance threshold of 3,000 MT suggested by the SCAQMD. Hence, the Project will not result in generation of a significant level of greenhouse gases.
b) Conflict with an applicable plan, policy or regulation adopted for the purpose of reducing the emissions of greenhouse gases? (Less Than Significant Impact) The City of Seal Beach has not yet developed a Greenhouse Gas Reduction Plan. The applicable GHG planning document is AB-32. As discussed above, the Project is not expected to result in a significant 23 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
increase in GHG emissions. As a result, the Project results in GHG emissions below the recommended SCAQMD 3,000-ton threshold. Therefore, the Project would not conflict with any applicable plan, policy, or regulation to reduce GHG emissions.
9. Hazards and Hazardous Materials
Would the Project:
a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? (Less Than Significant Impact) The proposed Project is the replacement of the gas station at 1300 Pacific Coast Highway and construction of a mini market on the parcel at 328 13th Street in the City of Seal Beach. As a gas station, the Project will involve the routine transport, use, or disposal of hazardous materials that could create a significant hazard to the public or the environment. However, the delivery and dispensing of gasoline is highly regulated by federal and state laws that significantly reduce any hazards to the public and the environment. Therefore, there is less than significant impact to this issue area. b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment? (Less Than Significant Impact
See response to 9.a) above. The Project itself will not be a generator of hazardous materials. The Project does include demolition of structures on the site that could contain lead or other hazardous material associated with older development. A protocol is proposed to cover any potential release of hazardous materials through the demolition of these structures. Prior to demolition of the existing gas station structure on the Project site, the contractor shall survey the structures to determine the presence of any hazardous substances such as asbestos or lead-based paint. If such materials are present, they will be remediated using mandatory procedures specified by the SCAQMD (Rule 4102, Asbestos Emissions from Demolition/Renovation Activities) and state air toxics agencies. No significant hazardous materials would be stored or handled on-site associated with the operational characteristics of the Project once it is developed.
No significant hazardous materials would be stored or handled on-site associated with the operational characteristics of the Project once it is developed. Therefore, there are no impacts associated with this topical area as a result of implementation of the proposed Project. c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school? (Less Than Significant Impact)
There is an existing school within one-quarter mile of the Project site. There are sensitive receptors (residences) in proximity to the Project site that necessitate mitigation measures. The construction of the Project will include short-term use of construction equipment that will emit emissions, and the use of construction material, such as paint, including hazardous materials. Additionally, in relation to construction activities, the proper use and maintenance of equipment, along with the use of general common sense, greatly reduces the potential for contamination. A plan is presented following that addresses hazardous materials related to short-term construction activities. During Project construction the applicant shall ensure that grading and building plans include the following measures and that the measures shall be followed by the construction contractor and crew: a) the storage of 24 Initial Study and
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City of Seal Beach
hazardous materials, chemicals, fuels, and oils and fueling of construction equipment shall be a minimum of 45 meters (150 feet) from any drainage, water supply, or other water features; b) hazardous materials stored on-site shall be stored in a neat, orderly manner in appropriate containers and, if possible, under a roof or other enclosure; c) whenever possible, all of a product shall be used up before disposal of its container; d) if surplus product must be disposed of, the manufacturer’s or the local and state recommended methods for disposal shall be followed; e) spills shall be contained and cleaned up immediately after discovery. Manufacturer’s methods for spill cleanup of a material shall be followed as described on the Material Safety Data Sheets (MSDS) for each product.
With implementation of these mitigation measures, the impacts in this subject area are reduced to a less than significant level.
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment? (Less Than Significant Impact) See response to 9.a) above. The Project is undergoing remediation for contamination by an underground storage tank on the property.8 As part of the Project the existing storage tanks will be removed and replaced by new tanks. The remediation will be completed. There are other sites located near the Project site at 1000 and 1590 Pacific Coast Highway that have been remediated of leaking underground storage tanks (LUST). A dry cleaning facility at 1100 Pacific Coast Highway is also undergoing remediation. Therefore, there are less than significant impacts from existing hazardous materials sites.
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area? (No Impact) The Project site is located within the Airport Environs Land Use Plan height restriction area for the Los Alamitos Joint Forces Training Base. However, the Project will be well under the aviation height restriction in the area. Therefore, the Project is not anticipated to have any impacts associated with a public airport or the safety of people working within the airport environs.
Additionally, the Project would not result in a safety hazard for people residing in the Project area.
Therefore, there are no impacts to this topical area from the Project. f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan? (No Impact)
The Project will not result in any impacts to an adopted emergency response plan or emergency evacuation plan.
8 https://geotracker.swrcb.ca.gov
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires? (No Impact)
The Project is located in a developed area and is not adjacent to wildland areas. Therefore, the Project itself (or location) will not be a significant risk involving wildland fires.
10. Hydrology and Water Quality
Would the Project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality? (No Impact) The City of Seal Beach (and the Project site) is located in the Santa Ana River Basin. The Project area is under the jurisdiction of the California Regional Water Quality Control Board (RWQCB) Santa Ana Region for issues related to water quality. The Santa Ana Region of the RWQCB is nearly 3,000 square miles in size, with a population of almost five million people. The Santa Ana Region includes cities and municipalities in a portion of Orange County (includes Seal Beach), and Riverside and San Bernardino counties. Each of the nine Regional Boards within California is required to adopt a Water Quality Control Plan, or Basin Plan. Each Basin Plan is designed to preserve and enhance water quality and protect the beneficial uses of all regional waters. Specifically, the Basin Plan: 1) designates beneficial uses for surface and ground waters; 2) sets narrative and numerical objectives that must be attained or maintained to protect the designated beneficial uses and conform to the state’s anti-degradation policy; 3) describes implementation programs to meet the objectives and protect the beneficial uses of all waters in the region; and 4) describes surveillance and monitoring activities to evaluate the effectiveness of the Basin Plan.
There is a Drainage Area Management Plan (DAMP) which is implemented by the cities (including Seal Beach), the County of Orange, and the Orange County Flood Control District. The DAMP was prepared in compliance with specific requirements of the National Pollutant Discharge Elimination System (NPDES) storm water program. The DAMP includes a wide range of Best Management Practices (BMPs) and control techniques to further reduce the amount of pollutants entering the storm drain system.
There are two primary types of source pollution: single-point source and nonpoint Source pollution.
Single-point sources are water pollutants that originate from a single-point source such as factories.
Potential impacts to water quality associated with this type of Project (commercial facilities) are nonpoint source pollution. Nonpoint source pollution includes materials and/or chemicals (e.g., motor oils/grease, paint, pet wastes, garden chemicals, litter) that may be washed into the storm drain system from various sources. Nonpoint source pollutants are typically washed into the storm drain system by rainwater and other means from streets, parking areas, residential neighborhoods, commercial/retail centers, construction sites. Since storm drains flow directly into the ocean without treatment, potential pollution can have an impact on water quality and wildlife. The Project site is currently developed as a gas station at 1300 Pacific Coast Highway. The proposed Project involves demolition of the existing gas station, removing the existing gasoline storage tanks on the site, and construction new gas pump islands and a mini market on the residentially zoned site. The proposed construction activities will be focused on the project site and should not affect urban water runoff more than the existing uses. The gas station site uses the municipal storm drain system of the City of Seal Beach.
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b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin? (No Impact)
See response to Item 10.a) above. The Project focuses on the demolition of the existing gas station and the construction of a new gas station and mini market on the site at 1300 Pacific Coast Highway in Seal Beach. The new gas station will continue to be served by the existing local sewer and water system.
The Project implementation at this site does not involve any construction activities (or long-term Project operations) that would impact groundwater supplies or groundwater recharge. The proposed improvements at the site are also not anticipated to have any significant impacts relative to groundwater. Therefore, it is not anticipated that the Project will have any significant impact on groundwater.
The Project will not impact groundwater supplies or interfere with groundwater recharge. c) Substantially alter existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i. Result in substantial erosion or siltation on- or off-site? (No Impact) See response to Item 10.a) above. The Project will not result in a significant change to the drainage pattern of property. The development of the site will not alter the course of a stream or a river. The Project area will continue to drain as it does today. Therefore, it is not anticipated that the Project will result in any impacts to erosion or siltation on-site or off-site. ii. Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site? (No Impact)
See response to Item 10.a) above. The Project does not involve any alteration of the existing and/or planned drainage system (pattern) of the area, including a substantial increase in the rate or amount of surface runoff. The Project property has been a gas station for many years. The proposed Project will minimally increase building coverage on the site and is not anticipated to create runoff beyond that which is handled by the existing storm drain system. Therefore, the runoff is not anticipated to significantly increase and there would be no impacts from this Project. iii. Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff? (No Impact)
See responses to Items 10.a) and 10.b) above. The City of Seal Beach is primarily built-out and contains an existing storm water drainage system. Local drainage facilities are maintained by the City of Seal Beach and provide for the collection of surface storm water. Surface water is then deposited into regional drainage channels that are owned and maintained by the Orange County Flood Control District (OCFCD). The OCFCD plans its drainage facilities to accommodate a 100-year flood. The closest major channel, less than 1 mile away from the site, is the Seal Beach Storm Drain Channel (OCFCD channel). The City’s General Plan identified that the City’s storm drain system is primarily built to 25- year storm event standards.
The Project is consistent with the capacity of the existing storm drain system in the City of Seal Beach and will not change the current run-off volume from the Project site. The Project is consistent with the land use designation on the existing gas station property and will not lead to more runoff than 27 Initial Study and
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City of Seal Beach
anticipated in the Seal Beach General Plan. The mini market site will require a zone change from residential to commercial. However, the new building is not expected to increase runoff beyond that which already occurs from the property. Therefore, there will be no impacts associated with runoff as a result of the proposed Project.
iv. Impede or redirect flood flows? (No Impact)
The project will not impede or redirect flood flows. It replaces an existing gas station on the site. The structure will not change the existing storm drain system in the City of Seal Beach. Therefore, there is no impact.
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation? (Less Than Significant)
The Project site is located within Zone X per the Federal Emergency Management Agency (FEMA) and on the Federal Flood Insurance Rate Map Panel No. 06059C-0226K (2021). The site is located outside the 100-year flood plain. Therefore, no impacts relative to the 100-year flood hazard will occur as a result of the proposed Project.
See responses to Items 10.a) and 10.c) above. The Project site is located above the beach area that would be the most vulnerable to a potential tsunami from seismic activity. The Seal Beach General Plan Safety Element rates the chance of tsunamis occurring in the Project area to be low based upon existing data, but notes that an earthquake along the Newport-Inglewood fault would carry a higher tsunami potential in the area.9 Therefore, impacts associated with inundation by seiche, tsunami, or mudflow are less than significant with the proposed Project. e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan? (No Impact)
The project does not conflict with or obstruct implementation of a water quality control plan or a sustainable groundwater management plan. The new gas station and convenience store will be built in compliance with all regulations governing water quality and protecting groundwater from contamination. The project removes aging gasoline storage tanks and gasoline dispensing equipment and replaces them with modern facilities. Therefore, there is no impact in this area.
11. Land Use and Planning
Would the Project:
a) Physically divide an established community? (No Impact) The Project site is at 1300 Pacific Coast Highway and 328 13th Street in the City of Seal Beach. The Project does not divide an established community. The Project proposes demolition of the existing gas station on the Project site and an existing residence. The Project site is located in an existing commercial district of the City and does not divide the community in any way. Therefore, no impacts relative to this topic will result due to the implementation of the Project. 9 City of Seal Beach General Plan Safety Element Page S-54 28 Initial Study and
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b) Cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? (Less Than Significant Impact)
The proposed Project will require a General Plan Amendment to change the land use designation from Residential to General Commercial on the parcel at 328 13th Street that will be the site of the mini market. A zone change will be required to change the zoning from residential high density-20 to General Commercial. The gas station portion of the project is consistent with the General Plan Land Use Designation “Commercial-General” on the property. The Project is located near the downtown area of the City’s Old Town, and the proposed Project is consistent with the surrounding commercial and residential uses.
The Project is located within the Coastal Zone. Once the zoning and land use designation are modified, the impacts will be less than significant.
12. Mineral Resources
Would the Project:
a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? (No Impact)
The Project site is not located within a known and/or designated mineral resources area. The Project would not change but replace the existing use on the site with updated facilities. Therefore, no significant decrease of natural resources is anticipated as a result of the Project. b) Result in the loss of availability of a locally important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan? (No Impact) See response to Item 12.a) above. The City’s General Plan does not delineate any locally important mineral resources other than oil in the City. These oil resources are not located within the area of the proposed Project. Therefore, the proposed Project will not result in any significant impacts to a locally important mineral resource.
13. Noise
Noise Setting
Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air.
Noise is generally considered to be unwanted sound. Sound is characterized by various parameters that describe the rate of oscillation of sound waves, the distance between successive troughs or crests, the speed of propagation, and the pressure level or energy content of a given sound. In particular, the sound pressure level has become the most common descriptor used to characterize the loudness of an ambient sound level.
The decibel (dB) scale is used to quantify sound pressure levels. Although decibels are most commonly associated with sound, “dB” is a generic descriptor that is equal to ten times the logarithmic ratio of any physical parameter versus some reference quantity. For sound, the reference level is the faintest sound detectable by a young person with good auditory acuity. 29 Initial Study and
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Because the human ear is not equally sensitive to all sound frequencies within the entire auditory spectrum, human response is factored into sound descriptions by weighting sounds within the range of maximum human sensitivity more heavily in a process called “A-weighting,” written as dB(A). Any further reference in this discussion to decibels written as "dB" should be understood to be A-weighted.
Time variations in noise exposure are typically expressed in terms of a steady-state energy level equal to the energy content of the time varying period (called LEQ), or alternately, as a statistical description of the sound pressure level that is exceeded over some fraction of a given observation period. Finally, because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law requires that, for planning purposes, an artificial dB increment be added to quiet time noise levels in a 24-hour noise descriptor called the Ldn (day-night) or the Community Noise Equivalent Level (CNEL). The CNEL metric has gradually replaced the Ldn factor, but the two descriptors are essentially identical.
The City of Seal Beach has established guidelines for acceptable community noise levels that are based upon the CNEL rating scale to ensure that noise exposure is considered in any development. CNELbased standards apply to noise sources whose noise generation is preempted from local control (such as from on-road vehicles, trains, and airplanes) and are used to make land use decisions as to the suitability of a given site for its intended use. These CNEL-based standards are articulated in the Noise Element of the city’s General Plan.
Exhibit 4 shows the noise compatibility guidelines for various land uses. These guidelines would apply in usable outdoor space such as patios, yards, and spas. The guidelines indicate that an exterior noise level of 65 dB CNEL is considered to be a “normally acceptable” noise level for multi-family homes.
Exterior noise levels up to 70 dB CNEL are typically considered “conditionally acceptable,” and residential construction should only occur after a detailed analysis of the noise reduction requirements is made and needed noise attenuation features are included in the Project design. Exterior noise attenuation features include, but are not limited to, setbacks to place structures outside the conditionally acceptable noise contour, orienting structures so no windows open to the noise source, and/or installing noise barriers such as berms or solid walls.
An interior CNEL of 45 dB is mandated by the State of California Noise Insulation Standards (CCR, Title 24, Part 6, Section T25-28) for multiple family dwellings and hotel and motel rooms. In 1988, the State Building Standards Commission expanded that standard to include all habitable rooms in residential use, included single-family dwelling units. Because normal noise attenuation within residential structures with closed windows is 25-30 dB, an exterior noise exposure of 65-75 dB CNEL allows the interior standard to be met without any specialized structural attenuation (e.g., dual paned windows), but with closed windows and fresh air supply systems such as air conditioning to maintain a comfortable living environment.
According to section 7.15.025 in the municipal code, the City of Seal Beach limits construction activities to between the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday, and between 9:00 a.m. and 8:00 p.m. on Sundays or city-observed federal holidays. Construction activities that occur during allowable hours are exempt from compliance with numerical noise standards.
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Exhibit 4 Noise Compatibility Guidelines
General Plan Guidelines, 2017; California Governor’s Office of Planning and Research; Appendix D, Figure 2, page 374 31 Initial Study and
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City of Seal Beach
Seal Beach Noise Ordinance Standards
Planning standards generally apply to land use decisions made in response to noise sources preempted from local control such as motor vehicles and aircraft. Noises from “stationary” sources are amenable to regulation through the Municipal Code. Chapter 7.15 of the City’s code governs noise from one property crossing the property line of an adjacent property. The commercial noise standard is 65 dBA day or night. The residential noise standard is 55 dBA by day and 50 dBA at night. Noise standards are not to be exceeded more than 30 minutes in any hour. Deviations from the baseline are allowed for noise “spikes” for progressively shorter periods for more substantial deviations up to a maximum of 20 dBA.
In areas where residential uses abut commercial or recreational activities, noise impacts may be perceived as intrusive, especially during noise sensitive quiet hours. There are commercial/residential interfaces at the project-site. Because of the small lot sizes in much of Seal Beach, mechanical equipment on one parcel may be located very close to the property line of an adjacent residentially zoned parcel. Motor hum and on/off cycling noise can be judged as intrusive. In recognition of this occasional conflict, a separate section of the Municipal Code directly addresses “Heating, Venting and Air Conditioning Equipment” (7.15.035). Modern equipment is typically quieter and less prone to causing problems. Compliance with the standards in this section of the code is nevertheless an important consideration in preventing possible noise nuisance.
Baseline Noise Levels
The analysis is based on the Noise Analysis report produced by Giroux & Associates on April 22, 2022 and included as Appendix C of the document.
A noise study was conducted by Giroux & Associates on Thursday, February 10, 2022, with short-term noise readings at the project site. Short-term (15-minute) noise measurements were conducted on the partial wall at the shared property line with the residence to the south. The location of the meter is shown in Exhibit 5. The location was chosen to be representative of the current noise environment at the closest and therefore most impacted sensitive use. For accuracy, two measurements were made at the same location.
The observed Leqs for the two measurements were 65 and 64 dBA. The maximum noise levels were 81 dBA and 72 dBA. Observed minimums for the sites were 48 and 44 dBA. Overall, it was evident that the area is subject to a lot of traffic on PCH which generates a good deal of noise. During the measurements there were car doors opening and closing at the existing pumps, but these activities were rarely detectable unless there was a short period of relative quiet from fewer cars due to traffic control. Also significant were the cars parked on both sides of 13th Street. The entire street was full of parked cars on both sides of the roadway, with frequent comings and goings. 32 Initial Study and
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Exhibit 5 Noise Meter Location
Meter
33 Initial Study and
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Would the Project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies? (Less Than Significant Impact) A noise assessment of the Project was completed by Giroux and Associates on April 22, 2022, to determine the existing noise levels at the site and Project noise impacts from the proposed Project.
The noise study is included as Appendix C to this environmental document. The Project itself will not generate noise levels in excess of standards established in the General Plan.
Impact Significance Criteria
Noise impacts are considered significant if they result in:
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.
b.
c.
Generation of excessive groundborne vibration or groundborne noise levels.
For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels.
Several characteristic noise sources are typically identified with land use intensification such as that proposed for the development of the proposed Project. Construction activities, especially heavy equipment, will create short-term noise increases near the site. Such impacts would be important for possible noise-sensitive receptors. Additionally, the Project analysis examines operational noise on adjacent receptors. There are no airports within proximity to the Project.
The term "substantial increase" is not defined by any responsible agency. The limit of perceptibility by ambient grade instrumentation (sound meters) or by humans in a laboratory environment is around
1.5 dB. Under ambient conditions, people generally do not perceive that noise has clearly changed until there is a 3 dB difference. A threshold of 3 dB is commonly used to define “substantial increase.” An increase of +3 dBA CNEL in traffic noise would be consistent a significant impact.
Construction Noise Impacts
The noise impact assessment evaluates short-term (temporary) impacts associated with Project construction. For construction noise, the potential for impacts is assessed by considering several factors, including the proximity of construction-related noise sources to sensitive receptors, typical noise levels associated with construction equipment, the potential for construction noise levels to interfere with adjacent activities, and whether proposed activities would occur outside the construction time limits specified in the Seal Beach Municipal Code.
The City of Seal Beach limits construction activities to between hours of 7:00 a.m. and 8:00 p.m.
Monday through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8 :00 p.m. on Sundays or city-observed federal holidays. Construction activities that occur during allowable hours are exempt from compliance with numerical noise standards. 34 Initial Study and
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Construction noise levels will vary at any given receptor and are dependent on the construction phase, equipment type, duration of use, distance between the noise source and receptor, and the presence or absence of barriers between the noise source and receptor. The closest sensitive use is the single-story structure to the south with a 5.5-foot setback to the shared property line and a 15.5-foot setback to the closest façade of the convenience store. Most demolition will occur at the current pump area with a setback distance of approximately 70 feet. An 8-foot block wall will be constructed at the shared property line and will help mitigate off-site noise.
The exact construction schedule for the proposed development is not known at this time. Construction equipment such as bulldozers, backhoes, loaders, and assorted other hand tools and professional grade equipment would likely be used.
In 2006, the Federal Highway Administration (FHWA) published the Roadway Construction Noise Model that includes a national database of construction equipment reference noise emissions levels. In addition, the database provides an acoustical usage factor to estimate the fraction of time each piece of construction equipment is operating at full power during a construction phase. The usage factor is a key input variable that is used to calculate the average Leq noise levels.
Table 9 identifies highest (Lmax) noise levels associated with each type of equipment identified for use, then adjusts this noise level for distance to the closest sensitive receptor and the extent of equipment usage (usage factor), which is represented as Leq. The table is organized by construction activity and equipment associated with each activity.
Quantitatively, the primary noise prediction equation is expressed as follows for the hourly average noise level (Leq) at distance D between the source and receiver (dBA).
Leq = Lmax @ 50’ – 20 log (D/50’) + 10 log (U.F%/100) – I.L.(bar) Where:
Lmax @ 50’ is the published reference noise level at 50 feet U.F.% is the usage factor for full power operation per hour I.L.(bar) is the insertion loss for intervening barriers Table 9 Construction Equipment Noise Levels at 50-Foot Reference Distance Measured Noise Cumulative
Hours of
Operation2
3.2 @ 50 feet
(dB)
82 Noise Level @ 50
Phase Name
Demolition
Equipment
Dozer
Concrete Saw
Loader/Backhoe
Grader
Usage Factor1
40%
feet (dB)
78 84
74 81
20%
37%
40%
1.6 3.0
3.2 90
78 Grading 85
Dozer
Loader/Backhoe
Forklift
40%
37%
20%
3.2 3.0
1.6 82
78 75
78 74
Building Construction 68
Loader/Backhoe
Crane
37%
16%
3.0 1.3
78 81
74 73
Welder
Paver
46%
50%
3.7 4.0
74 77
71 Paving 74
Paving Equip
Roller
40%
38%
3.2 3.0
76 80
72 76
Source: FHWA’s Roadway Construction Noise Model, 2006
1. Estimates the fraction of time each piece of equipment is operating at full power during a construction operation.
2. Represents the actual hours of peak construction equipment activity out of a typical 8-hour day. 35 Initial Study and
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The highest noise levels generated by Project construction activities would typically range from about 74 to 90 dBA Lmax at a distance of 50 feet from the noise source. Adjusted for usage typical hourly average construction generated noise levels are about 68 dBA to 84 dBA Leq measured at a reference distance of 50 feet from the site. Construction generated noise levels drop off or increase at a rate of about 6 dBA per doubling/halving of distance between the source and receptor. Shielding by buildings or terrain often results in lower construction noise levels at distant receptors. The potential for construction-related noise to adversely affect nearby residential receptors would depend on the location and proximity of construction activities to these receptors.
On-Site Demolition
Demolition activities are predicted to require use of the noisiest construction equipment. The probable equipment fleet includes a backhoe, a dozer, and a concrete saw. Demolition debris will be hauled off site. The existing pumps area is minimally 70 feet from the closest sensitive use. At 70 feet the noisiest piece of construction equipment, a concrete saw, could generate noise levels of 81 dBA Leq. Other demolition equipment such as a loader/backhoe will only generate noise levels of about 75 dBA which will be much quieter. Demolition is estimated to require 10 days.
On-Site Grading
The site is flat. Grading is anticipated to require 2 days. After demolition, grading will generate the most noise. The closest off-site structures only have a 5.5-foot distance separation from the Project property line. Since the site is small, most grading will be done with smaller hand tools such as loader/backhoe, not a dozer. The loader/backhoe will not operate directly at the property line for any length of time. Interior noise levels would be approximately 25 dBA lower assuming closed windows.
Although noise levels would be noticeable, they would be temporary and will occur only when heavy equipment operates at the closest property line. The site is flat and grading is only anticipated to require 2 days.
Building Construction
Construction activities would require smaller, less noisy equipment than demolition and grading but would require a longer duration. However, the small convenience store is the only major planned structure. The project also includes a new canopy over the fueling dispensing area and a trash enclosure. The closest on-site to off-site sensitive use is 15.5 feet from the closest building facade. At the closest residence construction noise levels could be as high as 84 dBA Leq without consideration of the block wall. With closed windows, the noise interior noise level would decrease to 59 dBA Leq. The planned 8-foot wall would reduce noise levels by approximately -5 dBA.
Paving
There is minimal paving along the southern property line which is closest to off-site residential.
Summary
Construction noise is unavoidable though noise would be temporary and limited to the duration of the construction in any one location and different types of construction equipment would be used throughout the construction process. These temporary impacts will cease once the Project is 36 Initial Study and
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completed. Complete elimination of construction activity noise is technically infeasible. However, incorporation of the best available noise reduction methods will minimize impacts.
Associated noise can be mitigated by required compliance with all applicable regulatory measures.
Compliance with the following measures is recommended:
• Construction activities are limited to the hours of 7:00 a.m. and 8:00 p.m., Monday through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8:00 p.m. on Sundays or city-observed federal holidays. •
•
Construction vehicles and equipment (fixed or mobile) shall be equipped with properly operating and maintained mufflers.
Material stockpiles and/or vehicle staging areas shall be located as far as practical from dwelling units.
Compliance with these regulatory measures will minimize any adverse construction noise impact potential. No mitigation measures are necessary.
b) Generation of excessive groundborne vibration or groundborne noise levels? (No Impact) See response to Item 13.a) above.
Construction Activity Vibration
Construction activities generate groundborne vibration when heavy equipment travels over unpaved surfaces or when it is engaged in soil movement. The effects of groundborne vibration include discernible movement of building floors, rattling of windows, shaking of items on shelves or hanging on walls, and rumbling sounds. Vibration-related problems generally occur due to resonances in the structural components of a building because structures amplify groundborne vibration. Within the “soft” sedimentary surfaces of much of Southern California, ground vibration is quickly damped out.
Groundborne vibration is almost never annoying to people who are outdoors (FTA 2006).
Groundborne vibrations from construction activities rarely reach levels that can damage structures.
Because vibration is typically not an issue, very few jurisdictions have adopted vibration significance thresholds. Vibration thresholds have been adopted for major public works construction Projects, but these relate mostly to structural protection (cracking foundations or stucco) rather than to human annoyance.
A vibration descriptor commonly used to determine structural damage is the peak particle velocity (ppv) which is defined as the maximum instantaneous positive or negative peak of the vibration signal, usually measured in inches per second (in/sec). The range of such vibration is as follows in Table 10.
Table 10 Human Response To Transient Vibration
Peak Particle Velocity (ppv)
Average Human Response
Severe
Strongly perceptible
Distinctly perceptible
Barely perceptible
(in/sec)
2.000
0.900
0.240
0.035
Source: Caltrans Transportation and Construction Vibration Guidance Manual, 2013 37 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
According to Caltrans, the threshold for structural vibration damage for modern structures is 0.5 in/sec for intermittent sources, which include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibratory compaction equipment. The American Association of State Highway and Transportation Officials (AASHTO) (1990) identifies maximum vibration levels for preventing damage to structures from intermittent construction or maintenance activities for residential buildings in good repair with gypsum board walls to be 0.4–0.5 in/sec as shown in Table 11.
Below this level there is virtually no risk of building damage.
Table 11 FTA and Caltrans Guideline Vibration Damage Potential Threshold Criteria Peak Particle Velocity (ppv)
Building Type (in/sec)
FTA Criteria
Reinforced concrete, steel or timber (no plaster)
Engineered concrete and masonry (no plaster)
Non-engineered timber and masonry buildings
Buildings extremely susceptible to vibration damage
Caltrans Criteria
0.5 0.3
0.2 0.12
Modern industrial/commercial buildings
New residential structures
0.5 0.5
Older residential structures 0.3
Historic old buildings
Fragile buildings
0.25 0.1
Extremely fragile ruins, ancient monuments 0.08
The predicted vibration levels generated by construction equipment anticipated for use are shown below in Table 12.
Table 12 Estimated Vibration Levels During Project Construction Peak Particle Velocity (ppv)
(inches per second)
Equipment
Large Bulldozer
Loaded trucks
Jackhammer
at 10 ft
0.352
0.300
0.138
0.012
at 15 ft
0.191
0.163
0.075
0.006
at 25 ft
0.089
0.076
0.035
0.003
at 40 ft
0.044
0.037
0.017
0.001
at 50 ft
0.031
0.027
0.012
Small Bulldozer <0.001
Source: FHWA Transit Noise and Vibration Impact Assessment The calculation to determine PPV at a given distance is:
PPVdistance = PPVref*(25/D)^1.5
Where:
PPVdistance = the peak particle velocity in inches/second of the equipment adjusted for distance,
PPVref = the reference vibration level in inches/second at 25 feet, and D = the distance from the equipment to the receiver.
Typically, equipment will operate at much greater setbacks than the distances shown above. As seen on Table 12, even at a 10-foot setback the vibration levels are below levels that could create structural damage (i.e., 0.4-0.5 in/sec). However, if heavy grading equipment such as a bulldozer were to be operated 10-feet from the shared property-line, vibration levels could exceed the level of annoyance. 38 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
There, the following measure would ensure that vibration would not be annoying or cause structural damage to adjacent residences:
• Heavy equipment such as graders and dozers shall maintain a minimal 25 foot setback distance from the southern site perimeter. Any grading within 25-feet shall be done with smaller equipment such as a loader/backhoe or bobcat.
Site Operational Noise
The Project proposes less pumps than currently installed. There are fewer associated trips. The convenience store structure would act as a noise wall and would acoustically shield the residences to the south, as will the 8-foot block wall. Convenience store customers will park at the pumps or in front of the store. There is a 10-foot rear setback from the convenience store to the closest at the southern perimeter that will be landscaped. The trash dumpster is along the eastern perimeter. On-site observations showed that car activity associated with pumping gas (doors opening and closing) was generally not audible over background noise including traffic from Pacific Coast Highway. Operational noise will be less than significant, and lower than the existing on-site use.
Construction noise will be less than significant with the inclusion of the following measures:
• Allowable hours of construction are 7:00 a.m. and 8:00 p.m., Mondays through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8 :00 p.m. on Sundays or city-observed federal holidays.
•
•
Construction vehicles and equipment (fixed or mobile) shall be equipped with properly operating and maintained mufflers.
Material stockpiles and/or vehicle staging areas shall be located as far as practical from dwelling units.
The following measure is required to ensure acceptable vibration levels at adjacent receptors:
• Heavy equipment such as graders and dozers shall maintain a minimal 25 feet setback distance from the shared residential property line to the south. Any grading shall be done with smaller equipment such as a loader/backhoe or bobcat.
The proposed 8-foot solid wall at the southern end of the site will assist in blocking possible noise intrusion at the nearest sensitive uses.
Project operational noise is anticipated to be less than existing noise levels due to a reduction in the number of pumps and associated trips. Traffic from PCH was observed to dominate the noise environment with minimal noise (car doors opening and closing) audible beyond the gas station boundary. The proposed convenience store structure will act as a noise barrier between the gas pumps and adjacent sensitive uses.
Customers for the convenience store will park at the pumps or in front of the store. The area at the store rear, between the store and the sensitive uses (a 10-foot setback) will be landscaped. 39 Initial Study and
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City of Seal Beach
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels? (No Impact)
The Project is located within an airport environs land use plan for the Los Alamitos Joint Forces Training Center. However, the land use designation in this area relates to building height, and there will be no impact to people working at the Project site who will not be exposed to excessive noise levels from aircraft.
d) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels? (No Impact) The Project is not located within the vicinity of a private airstrip, nor would the Project expose people to excessive noise levels. Therefore, there are no Project impacts associated with a private airstrip.
14. Population and Housing
Would the Project:
a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)? (No Impact)
The Project consists of the demolition and replacement of an existing gas station at 1300 Pacific Coast Highway and 328 13th Street in the City of Seal Beach. The project would also construct a mini market at 328 13th Street. The Project would not induce substantial population growth in the Project area.
No new or unanticipated significant infrastructure will be required for the Project. Therefore, due to the limited nature of the Project it is not anticipated that the Project will induce substantial population growth in the area, either directly or indirectly. The Project is designed to serve the existing area population. There is no impact from this Project.
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere? (No Impact)
The Project proposes to develop the residentially zoned property to accommodate the convenience store to serve the gas station site. The project would not displace substantial numbers of existing housing. Therefore, the Project will not displace substantial existing housing.
See response to Item 14.a) above. The Project will not result in the significant displacement of any people and/or housing. The Project will not displace substantial numbers of people, necessitating the construction of replacement housing.
40 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
15. Public Services
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times, or other performance objectives for any of the public services:
i. Fire protection? (No Impact)
The Orange County Fire Authority provides fire protection and emergency response services for the City. Response times to the Project site are dependent on various factors. Response time is generally 5 minutes or less. The Fire Authority’s response goal is to arrive within seven minutes and 20 seconds, 80% of the time. Emergency calls receive the quickest response times with alarm calls and nonemergency calls having longer response times respectively. The availability of personnel and extenuating circumstances may further affect response times. The closest fire station to the property is located at 718 Central Avenue in Seal Beach, less than 1 mile from the Project site in the downtown area. The proposed Project will not result in any potential significant increase in the number of calls for service to the area beyond that anticipated per the build out of the City’s General Plan. The proposed project is basically a replacement of the existing gas station on the site. Therefore, it is not anticipated that the proposed Project will result in any significant impacts relative to fire protection services and/or facilities.
ii. Police protection? (No Impact)
The City of Seal Beach Police Department provides law enforcement services to the Project area. The Project involves demolition and replacement of an existing gas station at 1300 Pacific Coast Highway in the City of Seal Beach. The improvements are not anticipated to result in an increase in calls for service beyond that anticipated in the City of Seal Beach General Plan. Therefore, there are no impacts from the Project.
iii. Schools? (No Impact)
The Project involves demolition and replacement of an existing gas station in the City of Seal Beach.
The Project would not increase students in the area. The Project would not affect school population.
Therefore, the Project is not anticipated to have an impact on schools. iv. Parks? (No Impact)
The Project involves demolition and replacement of an existing gas station. The improvements will not necessitate new park requirements or impact park facilities in the City. Therefore, the Project will have no impact on park facilities.
v. Other public facilities? (No Impact)
See above responses under Public Services. Due to the type of Project, it is not anticipated that the Project will have any significant impact on public services and/or facilities. 41 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
16. Recreation
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? (No Impact)
The proposed Project consists of demolition and replacement of the existing gas station at 1300 Pacific Coast Highway and 328 13th Street in the city of Seal Beach. It is not anticipated that the Project will have any impacts on recreation beyond that already projected for build out of the City per the General Plan. Additionally, the Project is replacement of an existing gas station and would not be expected to increase usage of existing neighborhood and regional parks. Therefore, no impacts to park facilities will occur as a result of this Project.
b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment? (No Impact)
See response to Item 16.a) above. It is not anticipated that the Project will result in any significant impacts to recreational facilities.
17. Transportation/Traffic
Would the Project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities? (Less Than Significant Impact) A Trip Generation Memorandum (Appendix D) was prepared for the Gas Station Project dated December 12, 2021. The Project involves the demolition and replacement of a gas station at 1300 Pacific Coast Highway in the City of Seal Beach. The Project site is in a commercial area, and the Project is consistent with the General Plan Land Use Designation on the site of the existing gas station. However, the project also proposes to develop a structure on the adjacent parcel at 328 13th Street. That parcel would require a General Plan Amendment to change the land use designation from residential to commercial and a zone change to re-zone the parcel from residential to commercial. A new gas station would be constructed with fewer fueling positions and a larger convenience store area. The Project is consistent with applicable plans, ordinances, or policies establishing measures of effectiveness for the circulation system, including the Main Street Specific Plan (MSSP), which establishes a level of service for Pacific Coast Highway that recognizes that traffic and parking near the downtown area will lead to less than established level of service standards for other roads in the City’s Circulation Element.
A trip generation calculation was conducted for the proposed project characteristics. The trips expected to be generated by the project were calculated using trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (2021). The trip rates are based on the Gasoline/Service Station Land Use 994. This land use designation is applicable for both the existing and proposed facilities.
The calculations determined that the proposed project is estimated to generate 688 fewer trips to the roadway network on a daily basis, with 16 fewer trips in the morning peak hours, and 34 fewer trips in the evening peak hour.
42 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
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Therefore, less than significant impacts are anticipated from this Project affecting the circulation system or any modes of transportation.
b) Conflict or be inconsistent with CEQA Guidelines §15064.3, subdivision (b)? (Less Than Significant Impact)
See response to Item 17.a) above. A Trip Generation Memorandum determined that there would be a reduction of 668 daily trips as a result of the project. It is anticipated that the significant reduction in trips will also involve a reduction in vehicle miles traveled as a result of implementation of the project.
Therefore, less than significant impacts would result due to implementation of the project. c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)? (No Impact) See response to Item 17.a) above. The Project does not propose any design features relative to curves, intersections, or incompatible uses.
d) Result in inadequate emergency access? (No Impact)
See response to Item 17.a) above. The Project does not propose to change any emergency access in the City of Seal Beach. Therefore, no significant impacts regarding emergency access are anticipated as a result of the Project.
See response to Item 17.a) above. The proposed Project will not conflict with adopted policies, plans or programs regarding public transit, bicycle, or pedestrian facilities or otherwise decrease the performance or safety of such facilities.
The Orange County Transportation Authority (OCTA) provides public transportation services in Orange County, including Seal Beach. Bus routes (OCTA Bus Route 1) operate along State Route 1 (Pacific Coast Highway) and (Route 42A) operate along Seal Beach Boulevard and Pacific Coast Highway/Downtown.
Long Beach Transit also provides bus service in Seal Beach. Long Beach Transit Routes 131 and 171 run along Main Street, Electric Avenue and Pacific Coast Highway. The City of Seal Beach also operates the Shopping Shuttle that serves Leisure World residents on Thursdays from 8:00 a.m. to 4:30 p.m. as well as a Dial-A-Ride program. The Project is not expected to negatively impact any current facility, service, or service expansion plans for the Project area and/or site. Therefore, the Project will not conflict with adopted policies, plans, or programs supporting alternative transportation.
18. Tribal Cultural Resources
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code §21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i. Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section 5020.1(k)? (No Impact)
There are no historical resources listed for the Project site. There are no historical resources listed in a local register. Therefore, there would be no impact from the proposed project. 43 Initial Study and
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City of Seal Beach
ii. A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code §5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code §5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe. (Less Than Significant) The City of Seal Beach contacted California Native American Tribes that had an interest in the subject project site area. The Gabrieleño Band of Mission Indians - Kizh Nation requested consultation on the project. The project is within the areas of interest demonstrated for that specific tribe. The consultation resulted in an agreement that the Tribe would provide a Native American Monitor on the project site during any excavation or grading activities. Therefore, project impacts are less than significant.
19. Utilities and Service Systems
Would the Project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects? (No Impact)
The Project is not anticipated to produce any significant wastewater beyond what it has produced as the existing gas station on the site. It will not trigger relocation or expansion of existing facilities.
Therefore, there will be no generation of wastewater beyond what the facility produced in past years.
The existing service station is already included in the build-out capacity of the City of Seal Beach General Plan, which projected capacity to handle development within Zoning and General Plan designations. Therefore, it is not anticipated that the proposal will result in any impact relative to wastewater or treatment requirements.
The Project will not result in the significant alteration or expansion of existing utility and service systems since the site is proposed to be rebuilt as it operated for many years in the past. The Project does not create any additional burden on these facilities that would require construction of new or expanded facilities. Therefore, the Project will have no impact on existing or new water or wastewater treatment facilities.
The Project proposes to use the storm water drainage facilities in existence now that have served storm water run-off from the project site in the past. The proposed Project is not expected to generate significant storm water due to the minimal change in the property’s impervious surfaces. The Project will include a reduction is gas pump islands and an increase in the convenience store area but will not involve changes to storm water drainage facilities. Therefore, the Project will result in no impacts to the storm water drainage facilities.
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years? (No Impact) See response to Item 19.a) above. The City of Seal Beach pumps its own water to serve the community, including the Project site. Any additional water needed is supplied to the City of Seal Beach through the Municipal Water District of Orange County by imported water sources purchased from the Metropolitan Water District. The Project proposes only replacement of an existing commercially 44 Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
designated property (gas station). The Project does not represent any development that would significantly increase water use. The Project will comply with all applicable City, state, and municipal laws pertaining to water conservation as required through City standard conditions of approval.
Therefore, no impacts to this topical area will occur.
c) Result in a determination by the waste water treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider’s existing commitments? (No Impact)
See response to Item 19.a) above. The Project will not result in any impacts to wastewater treatment. d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or otherwise impair the attainment of solid waste reduction goals? (No Impact) The Project site is located at 1300 Pacific Coast Highway in the City of Seal Beach. The Project is not anticipated to generate significant solid waste since it proposes replacement of the existing gas station, which was previously served by a landfill with sufficient permitted capacity. Minor solid waste generated on the site during construction will be handled through the traditional solid waste collection system in place in the City of Seal Beach and it is not expected to be significant. Republic Services provides solid waste collection and recycling services in the City of Seal Beach. Any solid waste generated during Project construction will be handled according to City solid waste disposal and recycling requirements. Therefore, the Project itself will not have any impact on solid waste disposal. e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste? (No Impact)
See response to Item 19.d) above. The Project will comply with federal, state, and local statutes on solid waste disposal.
20. Wildfire
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan? (No Impact)
The project would not impair an adopted emergency response plan or an emergency evacuation plan.
The project would merely replace the gas station and mini market that is currently operating on the site. Therefore, no impact would occur as a result of this project. b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire? (No Impact)
The project is located in an urbanized area of the City of Seal Beach. The project site is a flat parcel that would not exacerbate wildfire risks. Therefore, there are no impacts. 45 Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment? (No Impact) The project will utilize existing roads, power lines, emergency water resources and will not result in the installation or maintenance of such infrastructure. Therefore, there will be no impacts in this area. d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes? (No Impact) The Project site is a flat parcel that currently supports an existing gas station. There are no drainage changes proposed with the project. No people or structures would be exposed to significant risks such as flooding or landslides. Therefore, there will be no impacts.
21. Mandatory Findings of Significance
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major periods of California history or prehistory? (No Impact)
On the basis of the foregoing analysis, the proposed Project does not have the potential to substantially degrade the quality of the environment. The Project site does not contain any habitat of fish or wildlife species that would be impacted by the Project. The site is located in an urbanized setting. The proposed Project consists of the demolition and replacement of the gas station at 1300 Pacific Coast Highway and includes the adjacent parcel at 328 13th Street. The subject property is located in an area developed with existing uses including commercial establishments, restaurants, and residences. The Project is compatible with the surrounding land uses. The Project will not impact any sensitive nor special status habitat and/or wildlife species. b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? (No Impact) The Project is the demolition and replacement of a gas station at 1300 Pacific Coast Highway in the City of Seal Beach. The Project does not have impacts that are cumulatively considerable. The Project is consistent with the zoning on the property.
c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly? (No Impact) There are no known substantial adverse effects on human beings that would be caused by the proposed Project. The Project is consistent with the land uses in the Project area and the environmental evaluation has concluded that no adverse significant environmental impacts will result from the Project.
46 Initial Study and
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City of Seal Beach
Source List
The following enumerated documents are available at the offices of the City of Seal Beach, Community Development Department, 211 Eighth Street, Seal Beach, California 90740.
1. 2.
City of Seal Beach General Plan Policies, Adopted 12/03 California Environmental Quality Act as amended January 1, 2022. §§21000-21178 of the California Public Resources Code
3. Guidelines for California Environmental Quality Act as amended January 1, 2022, §15000-15387 of the California Code of Regulations, Title 14, Chapter 3, State of California
4. 5.
6. 7.
8. 9.
City of Seal Beach Land Use Element, Adopted 12/03
City of Seal Beach Open Space/Conservation Element Adopted 12/03 City of Seal Beach Noise Element, Adopted 12/03
City of Seal Beach Circulation Element, Adopted 12/03
Zoning Map, City of Seal Beach
Air Quality and GHG Impact Analysis, prepared by Giroux & Associates, dated April 22, 2022
10. Noise Impact Analysis prepared by Giroux and Associates, dated April 22, 2022
11. Federal Flood Insurance Rate Map, Panel No. 06059C-0226K, 2021
12. https://geotracker.swrcb.ca.gov
13. City of Seal Beach Safety Element, Adopted 12/03
14. Trip Generation Memorandum, Kimley Horn, December 12, 2021 47 Initial Study and
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City of Seal Beach
Appendix A – Environmental Checklist
Initial Study and
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Environmental Checklist Form
Introduction
This Initial Study has been prepared pursuant to the California Environmental Quality Act (CEQA) and the CEQA Guidelines as amended to determine if the proposed Bay Theater Restoration Project at 340 Main Street in the City of Seal Beach (City) will have the potential to cause significant effects on the environment.
The City of Seal Beach will use the Initial Study in deciding whether to approve the Project and whether to prepare an Environmental Impact Report (EIR), approve a Negative Declaration (ND), or approve a Mitigated Negative Declaration (MND) with mitigation measures.
Project Background
1. Project Title:
Gas Station and Mini-Market
2. Lead Agency Name and Address:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
3. Contact Person and Phone Number:
Art Bashmakian, Senior Planner
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
(562) 431-2527, ext. 1316
4. Project Location:
The Project is located at 1300 Pacific Coast Highway and 328 13th Street in the City of Seal Beach, Orange County, California.
5. Project Sponsor’s Name and Address:
G&M Oil Company
16868 A Lane
Huntington Beach, CA 92647-4831
6. General Plan Designation:
Commercial-General, Residential High Density
7. Zoning:
General Commercial, Residential High Density 20
8. Description of Project: (Describe the whole action involved, including but not limited to later phases of the Project, and any secondary, support, or off-site features necessary for its implementation. Attach additional sheets if necessary.)
An existing gas station is located at 1300 Pacific Coast Highway in the City of Seal Beach at the intersection of Pacific Coast Highway and 13th Street. The project consists of the demolition of the existing gas station at 1300 Pacific Coast Highway, including five gas pumps, a kiosk, and two Appendix A–1
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
subsidiary structures, including a new canopy over the fuel dispensing area. The existing underground storage tanks would be removed and any soil contamination would be remediated. The project also includes construction of a new gas station on the property with three replacement gas pumps, new underground storage tanks, and a 1,200-square-foot convenience store on an adjacent parcel behind the existing gas station. The project would include an amendment to change the General Plan Land Use Designation of the adjacent parcel at 328 13th Street from residential to commercial to accommodate the new convenience store in connection with the proposed gas station.
9. Surrounding Land Uses and Setting:
The site is within Planning Area 1, the Old Town area of the City. The proposed Project site is surrounded by commercial establishments, restaurants, and residential uses. It is on the edge of the downtown area of the City.
10. Other public agencies whose approval is required (e.g., permits, financing approval, or participation agreement.)
Orange County Fire Authority
11. Have California Native American tribes traditionally and culturally affiliated with the project area requested consultation pursuant to Public Resources Code section 21080.3.1? If so, is there a plan for consultation that includes, for example, the determination of significance of impacts to tribal cultural resources, procedures regarding confidentiality, etc.?
The City of Seal Beach contacted California Native American Tribes that had an interest in the subject project site area. The Gabrieleño Band of Mission Indians - Kizh Nation requested consultation on the project. The consultation resulted in an agreement that the Tribe would provide a Native American Monitor on the project site during any excavation or grading activities.
Therefore, project impacts are less than significant.
Environmental Factors Potentially Affected
The environmental factors checked below would be potentially affected by this Project, involving at least one impact that is a “Potentially Significant Impact” as indicated by the checklist on the following pages.
Aesthetics
Mineral Resources
Agriculture and Forestry Resources Noise
Air Quality Population and Housing
Biological Resources Public Services
Cultural Resources Recreation
Energy Transportation
Geology and Soils Tribal Cultural Resources
Utilities and Service Systems
Wildfire
Greenhouse Gas Emissions
Hazards and Hazardous Materials
Hydrology and Water Quality
Land Use and Planning
Mandatory Findings of Significance
Appendix A–2
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Determination
(To be completed by the Lead Agency)
On the basis of this initial evaluation:
I find that the proposed Project COULD NOT have a significant effect on the environment, and a NEGATIVE DECLARATION will be prepared.
I find that although the proposed Project could have a significant effect on the environment, there will not be a significant effect in this case because revisions in the Project have been made by or agreed to by the project proponent. A MITIGATED NEGATIVE DECLARATION will be prepared.
I find that the proposed Project MAY have a significant effect on the environment, and ENVIRONMENTAL IMPACT REPORT is required.
I find that the proposed Project MAY have a “potentially significant effect” or a “potentially significant unless mitigated impact” on the environment, but at least one effect 1) has been adequately analyzed in an earlier document pursuant to applicable legal standards, and 2) has been addressed by mitigation measures based on the earlier analysis as described on attached sheets. An ENVIRONMENTAL IMPACT REPORT is required, but it must analyze only the effects that remain to be addressed.
I find that although the proposed Project could have a significant effect on the environment, because all potentially significant effects (a) have been analyzed adequately in an earlier EIR or NEGATIVE DECLARATION pursuant to applicable standards and (b) have been avoided or mitigated pursuant to that earlier EIR, including revisions or mitigation measures that are imposed upon the proposed Project, nothing further is required.
Submitted by: City of Seal Beach
Prepared by: Hodge & Associates
William E. Hodge
Hodge & Associates
Date
Appendix A–3
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1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Evaluation of Environmental Impacts
1. A brief explanation is required for all answers except “No Impact” answers that are adequately supported by the information sources show that the impact simply does not apply to projects like the one involved (e.g., the project falls outside a fault rupture zone). A “No Impact” answer should be explained where it is based on project-specific factors as well as general standards (e.g., the project will not expose sensitive receptors to pollutants, based on a project screening analysis).
All answers must take account the whole action involved, including off-site as well as on-site, cumulative as well as project-level, indirect as well as direct, and construction as well as operational impacts.
Once the lead agency has determined that a particular physical impact may occur, then the checklist answers must indicate whether the impact is potentially significant, less then significant with mitigation, or less then significant. “Potentially Significant Impact” is appropriate if there is substantial evidence then an effect may be significant. If there are one or more “Potentially Significant Impact” entries when the determination is made, an EIR is required.
2. 3.
4. 5.
“Negative Declaration: Less Then Significant With Mitigation Incorporated” applies where the incorporation of mitigation measures has reduced an effect from “Potentially Significant Impact” to a “Less Than Significant Impact.” The lead agency must describe the mitigation measures, and briefly explain how they reduce the effect to a less then significant level (mitigation measures from Section XVII, “Earlier Analyses,” may be cross-referenced).
Earlier analyses may be used where, pursuant to the tiering, program EIR, or other CEQA process, an effect has been adequately analyzed in an earlier EIR or negative declaration, Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a.
b.
Earlier Analysis Used. Identify and state where they are available for review.
Impacts Adequately Addressed. Identify which effects from the checklist were within the scope of and adequately analyzed in an earlier document pursuant to applicable legal standards, and state whether such effects were addressed by mitigation measures based on earlier analysis.
c. Mitigation Measures. For effects that are “Less Than Significant With Mitigation Incorporated,” describes the mitigation measures which were incorporated or refined from the earlier document and the extent to which they address site-specific conditions for the project.
6. Lead agencies are encouraged to incorporate into the checklist references to information sources for potential impacts (e.g., general plans, zoning ordinances). References to a previously prepared or outside documents should, where appropriate, include a reference to the page or pages where the statement is substantiated.
7. 8.
Supporting Information Sources: A source list should be attached, and other sources used or individuals contacted should be cited in the discussion.
This is only a suggested form, and the lead agencies are free to use different formats; however, lead agency should normally address the questions from the checklist that are relevant to a project’s environmental effects in whatever format is selected.
9. The explanation of each issue should identify:
a.
b.
the significance criteria or threshold, if any, used to evaluate each question; and the mitigation measure identified, if any, to reduce the impact to less than significance.
Appendix A–4
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
City of Seal Beach
Environmental Checklist
Less Than
Potentially Significant With Less than
Significant
Impact
Mitigation
Incorporated
Significant
Impact No Impact
I. AESTHETICS
Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not limited to, trees, rock outcroppings, and historic buildings within a state scenic highway?
c) In nonurbanized areas, substantially degrade the existing visual character or quality of public views of the site and its surroundings? If the project is in an urbanized area, would the project conflict with applicable zoning and other regulations governing scenic quality?
d) Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?
II. AGRICULTURE AND FORESTRY RESOURCES
Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring Program of the California Resources Agency, to non-agricultural use?
b) Conflict with existing zoning for agricultural use, or a Williamson Act contract?
c) Conflict with existing zoning for, or cause rezoning of, forest land (as defined in Public Resources Code section 12220(g)), timberland (as defined by Public Resources Code section 4526), or timberland zoned Timberland Production (as defined by Government Code section 51104(g))?
d) Result in the loss of forest land or conversion of forest land to nonforest use? e) Involve other changes in the existing environment which, due to their location or nature, could result in conversion of Farmland, to non-agricultural use or conversion of forest land to non-forest use?
III. AIR QUALITY
Would the project:
a) Conflict with or obstruct implementation of the applicable air quality plan?
b) Result in a cumulatively considerable net increase of any criteria pollutant for which the project region is non-attainment under an applicable federal or state ambient air quality standard?
c) Expose sensitive receptors to substantial pollutant concentrations?
d) Result in other emissions (such as those leading to odors) adversely affecting a substantial number of people?
Appendix A–5
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Less Than
Potentially Significant With Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
IV. BIOLOGICAL RESOURCES
Would the project:
a) Have a substantial adverse effect, either directly or through habitat modifications, on any species identified as a candidate, sensitive, or special status species in local or regional plans, policies, or regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
b) Have a substantial adverse effect on any riparian habitat or other sensitive natural community identified in local or regional plans, policies, regulations or by the California Department of Fish and Wildlife or U.S. Fish and Wildlife Service?
c) Have a substantial adverse effect on state or federally protected wetlands (including, but not limited to, marsh, vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other means?
d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory wildlife corridors, or impeded the use of native wildlife nursery sites?
e) Conflict with any local policies or ordinances protecting biological resources, such as a tree preservation policy or ordinance? f) Conflict with the provisions of an adopted Habitat Conservation Plan, Natural Community Conservation Plan, or other approved local, regional, or state habitat conservation plan?
V. CULTURAL RESOURCES
Would the project:
a) Cause a substantial adverse change in the significance of a historical resource pursuant to §15064.5?
b) Cause a substantial adverse change in the significance of an archaeological resource pursuant to §15064.5?
c) Disturb any human remains, including those interred outside of dedicated cemeteries?
VI. ENERGY
Would the project:
a) Result in potentially significant environmental impact due to wasteful, inefficient, or unnecessary consumption of energy resources, during project construction or operation?
b) Conflict with or obstruct a state or local plan for renewable energy or energy efficiency?
VII. GEOLOGY AND SOILS
Would the project:
a) Directly or indirectly cause potential substantial adverse effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on the most recent Alquist-Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other substantial evidence of a known fault? Refer to Division of Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic-related ground failure, including liquefaction? iv) Landslides?
Appendix A–6
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Less Than
Potentially Significant With Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b) Result in substantial soil erosion or the loss of topsoil?
c) Be located on a geologic unit or soil that is unstable, or that would become unstable as a result of the project and potentially result in on- or off-site landslide, lateral spreading, subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18- 1-B of the Uniform Building Code (1994), creating substantial risks to life or property?
e) Have soils incapable of adequately supporting the use septic tanks or alternative waste water disposal systems where sewers are not available for the disposal of waste water?
f) Directly or indirectly destroy a unique paleontological resource or site or unique geologic feature?
VIII. GREENHOUSE GAS EMISSIONS
Would the project:
a) Generate greenhouse gas emissions, either directly or indirectly, that may have a significant impact on the environment?
b) Conflict with an applicable plan, policy, or regulation adopted for the purpose of reducing the emissions of greenhouse gases?
IX. HAZARDS AND HAZARDOUS MATERIALS
Would the project:
a) Create a significant hazard to the public or the environment through routine transport, use, or disposal of hazardous materials? b) Create a significant hazard to the public or the environment through reasonably foreseeable upset and accident conditions involving the release of hazardous materials into the environment?
c) Emit hazardous emissions or handle hazardous or acutely hazardous materials, substances, or waste within one-quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous materials sites compiled pursuant to Government Code §65962.5 and, as a result, would it create a significant hazard to the public or the environment?
e) For a project located within an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project result in a safety hazard for people residing or working in the project area?
f) Impair implementation of or physically interfere with an adopted emergency response plan or emergency evacuation plan?
g) Expose people or structures, either directly or indirectly, to a significant risk of loss, injury or death involving wildland fires?
X. HYDROLOGY AND WATER QUALITY
Would the project:
a) Violate any water quality standards or waste discharge requirements or otherwise substantially degrade surface or ground water quality?
b) Substantially decrease groundwater supplies or interfere substantially with groundwater recharge such that the project may impede sustainable groundwater management of the basin?
Appendix A–7
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Less Than
Potentially Significant With Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
c) Substantially alter existing drainage pattern of the site or area, including through the alteration of the course of a stream or river or through the addition of impervious surfaces, in a manner which would:
i) result in substantial erosion or siltation on- or off-site?
ii) Substantially increase the rate or amount of surface runoff in a manner which would result in flooding on or off-site? iii) Create or contribute runoff water which would exceed the capacity of existing or planned stormwater drainage systems or provide substantial additional sources of polluted runoff?
iv) Impede or redirect flood flows?
d) In flood hazard, tsunami, or seiche zones, risk release of pollutants due to project inundation?
e) Conflict with or obstruct implementation of a water quality control plan or sustainable groundwater management plan?
XI. LAND USE AND PLANNING
Would the proposal:
a) Physically divide an established community?
b) Cause a significant environmental impact due to a conflict with any applicable land use plan, policy, or regulation adopted for the purpose of avoiding or mitigating an environmental effect? XII. MINERAL RESOURCES
Would the project:
a) Result in the loss of availability of a known mineral resource that would be a value to the region and the residents of the state? b) Result in the loss of availability of a locally-important mineral resource recovery site delineated on a local general plan, specific plan, or other land use plan?
XIII. NOISE
Would the project result in:
a) Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies?
b) Generation of excessive groundborne vibration or groundborne noise levels?
c) For a project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the project expose people residing or working in the project area to excessive noise levels?
d) For a project within the vicinity of a private airstrip, would the project expose people residing or working in the project area to excessive noise levels?
XIV. POPULATION AND HOUSING
Would the project:
a) Induce substantial population growth in an area, either directly (for example, by proposing new homes and businesses) or indirectly (for example, through extension of roads or other infrastructure)?
Appendix A–8
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Less Than
Potentially Significant With Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b) Displace substantial numbers of existing people or housing, necessitating the construction of replacement housing elsewhere?
XV. PUBLIC SERVICES
a) Would the project result in substantial adverse physical impacts associated with the provision of new or physically altered governmental facilities, need for new or physically altered governmental facilities, the construction of which could cause significant environmental impacts, in order to maintain acceptable service ratios, response times or other performance objectives for any of the public services:
i. Fire protection?
ii. Police protection?
iii. Schools?
iv. Parks?
v. Other public facilities?
XVI. RECREATION
a) Would the project increase the use of existing neighborhood and regional parks or other recreational facilities such that substantial physical deterioration of the facility would occur or be accelerated? b) Does the project include recreational facilities or require the construction of or expansion of recreational facilities which might have an adverse physical effect on the environment?
XVII. TRANSPORTATION/TRAFFIC
Would the project:
a) Conflict with a program, plan, ordinance or policy addressing the circulation system, including transit, roadway, bicycle and pedestrian facilities?
b) Conflict or be inconsistent with CEQA Guidelines §15064.3, subdivision (b)?
c) Substantially increase hazards due to a geometric design feature (e.g., sharp curves or dangerous intersections) or incompatible uses (e.g., farm equipment)?
d) Result in inadequate emergency access?
XVIII. Tribal Cultural Resources
a) Would the project cause a substantial adverse change in the significance of a tribal cultural resource, defined in Public Resources Code §21074 as either a site, feature, place, cultural landscape that is geographically defined in terms of the size and scope of the landscape, sacred place, or object with cultural value to a California Native American tribe, and that is:
i) Listed or eligible for listing in the California Register of Historical Resources, or in a local register of historical resources as defined in Public Resources Code section
5020.1(k).
Appendix A–9
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Less Than
Potentially Significant With Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
ii) A resource determined by the lead agency, in its discretion and supported by substantial evidence, to be significant pursuant to criteria set forth in subdivision (c) of Public Resources Code §5024.1. In applying the criteria set forth in subdivision (c) of Public Resources Code §5024.1, the lead agency shall consider the significance of the resource to a California Native American tribe.
XIX. UTILITIES AND SERVICE SYSTEMS
Would the project:
a) Require or result in the relocation or construction of new or expanded water, wastewater treatment or storm water drainage, electric power, natural gas, or telecommunications facilities, the construction or relocation of which could cause significant environmental effects?
b) Have sufficient water supplies available to serve the project and reasonably foreseeable future development during normal, dry and multiple dry years?
c) Result in a determination by the wastewater treatment provider, which serves or may serve the project that it has adequate capacity to serve the project’s projected demand in addition to the provider's existing commitments?
d) Generate solid waste in excess of state or local standards, or in excess of the capacity of local infrastructure, or other wise impair the attainment of solid waste reduction goals?
e) Comply with federal, state, and local management and reduction statutes and regulations related to solid waste?
XX. WILDFIRE
If located in or near state responsibility areas or lands classified as very high fire hazard severity zones, would the project:
a) Substantially impair an adopted emergency response plan or emergency evacuation plan?
b) Due to slope, prevailing winds, and other factors, exacerbate wildfire risks, and thereby expose project occupants to pollutant concentrations from a wildfire or the uncontrolled spread of a wildfire?
c) Require the installation or maintenance of associated infrastructure (such as roads, fuel breaks, emergency water sources, power lines or other utilities) that may exacerbate fire risk or that may result in temporary or ongoing impacts to the environment?
d) Expose people or structures to significant risks, including downslope or downstream flooding or landslides, as a result of runoff, post-fire slope instability, or drainage changes?
XIX. MANDATORY FINDINGS OF SIGNIFICANCE
a) Does the project have the potential to substantially degrade the quality of the environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or wildlife population to drop below self-sustaining levels, threaten to eliminate a plant or animal community, substantially reduce the number or restrict the range of a rare or endangered plant or animal or eliminate important examples of the major period of California history or prehistory?
Appendix A–10
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Less Than
Potentially Significant With Less than
Significant Mitigation Significant
Impact Incorporated Impact No Impact
b) Does the project have impacts that are individually limited, but cumulatively considerable? (“Cumulatively considerable” means that the incremental effects of a project are considerable when viewed in connection with the effects of past projects, the effects of other current projects, and the effects of probable future projects)? c) Does the project have environmental effects which will cause substantial adverse effects on human beings, either directly or indirectly?
Appendix A–11
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Appendix B – Air Quality/GHG Analysis
AIR QUALITY and GHG IMPACT ANALYSES
GAS STATION PROJECT AT THE SOUTHEAST CORNER OF
PACIFIC COAST HIGHWAY AND 13TH STREET
CITY OF SEAL BEACH, CALIFORNIA
Prepared by:
Giroux & Associates
Prepared for:
Hodge & Associates
Attn: Bill Hodge
21061 Canyon Drive
Wildomar, CA 92261
Date:
April 22, 2022
Project No.: P22-015 AQ
PROJECT DESCRIPTION
The existing on-site gas station contains ten fueling positions and a kiosk. The Project will demolish these elements and will construct a gas station with six fueling positions and a 1,200- square-foot convenience store building. Overall, the number of customer trips per day is predicted to decrease. The closest sensitive use is immediately adjacent to the southern property line.
ATMOSPHERIC SETTING
The project site’s climate, as with all Southern California, is dominated by the strength and position of the semi-permanent high pressure pattern over the Pacific Ocean near Hawaii. It creates cool summers, mild winters, and infrequent rainfall. It drives the cool daytime sea breeze, and it maintains comfortable humidities and ample sunshine after the frequent morning clouds dissipate. Unfortunately, the same atmospheric processes that create the desirable living climate combine to restrict the ability of the atmosphere to disperse the air pollution generated by the large population attracted in part by the desirable climate. Portions of the Los Angeles Basin therefore experience some of the worst air quality in the nation for certain pollutants.
Temperatures in the City of Seal Beach average 61 degrees annually. Daily and seasonal oscillations of temperature are small because of the moderating effects of the nearby oceanic thermal reservoir. In contrast to the steady temperature regime, rainfall is highly variable.
Measurable precipitation occurs mainly from early November to mid-April, but total amounts are generally small. Seal Beach averages 12 inches of rain annually with January as the wettest month.
Winds in the project vicinity display several characteristic regimes. During the day, especially in summer, winds are from the south in the morning and from the west in the afternoon. Daytime wind speeds are 7 – 9 miles per hour on average. At night, especially in winter, the land becomes cooler than the ocean, and an off-shore wind of 3-5 miles per hour develops. Early morning winds are briefly from the south-east parallel to the coastline before the daytime onshore flow becomes well established again. One other important wind regime occurs when high pressure occurs over the western United States that creates hot, dry and gusty Santa Ana winds from the north and northeast across Newport Beach.
The net effect of the wind pattern on air pollution is that any locally generated emissions will be carried offshore at night, and toward inland Orange County by day. Daytime ventilation is much more vigorous. Unless daytime winds rotate far into the north and bring air pollution from developed areas of the air basin into Seal Beach, warm season air quality is much better in the project vicinity than in inland valleys of the air basin. Both summer and winter air quality in the project area is generally good.
In addition to winds that control the rate and direction of pollution dispersal, Southern California is notorious for strong temperature inversions that limit the vertical depth through which pollution can be mixed. In summer, coastal areas are characterized by a sharp discontinuity Seal Beach Gas AQ
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between the cool marine air at the surface and the warm, sinking air aloft within the high pressure cell over the ocean to the west. This marine/subsidence inversion allows for good local mixing, but acts like a giant lid over the basin. Air starting onshore at the beach is relatively clean, but becomes progressively more polluted as sources continue to add pollution from below without any dilution from above. Because of the projects location relative to the ocean, the incoming marine air during warm season onshore flow contains little air pollution. Local air quality is not substantially affected by the regional subsidence inversions.
A second inversion type forms on clear, winter nights when cold air off the mountains sinks to the surface while the air aloft remains warm. This process forms radiation inversions. These inversions, in conjunction with calm winds, trap pollutants such as automobile exhaust near their source. During the long nocturnal drainage flow from land to sea, the exhaust pollutants continually accumulate within the shallow, cool layer of air near the ground. Some areas of Orange County thus may experience elevated levels of carbon monoxide and nitrogen oxides because of this winter radiation inversion condition. However, the coastal areas of Orange County have not substantially been affected by limited nocturnal mixing effects (no elevated levels of CO) in approximately 10 years. Both types of inversions occur throughout the year to some extent, but the marine inversions are very dominant during the day in summer, and radiation inversions are much stronger on winter nights when nights are long and air is cool. The governing role of these inversions in atmospheric dispersion leads to a substantially different air quality environment in summer in the South Coast Air Basin than in winter.
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AIR QUALITY SETTING
AMBIENT AIR QUALITY STANDARDS (AAQS)
In order to gauge the significance of the air quality impacts of the proposed Project, those impacts, together with existing background air quality levels, must be compared to the applicable ambient air quality standards. These standards are the levels of air quality considered safe, with an adequate margin of safety, to protect the public health and welfare. They are designed to protect those people most susceptible to further respiratory distress such as asthmatics, the elderly, very young children, people already weakened by other disease or illness, and persons engaged in strenuous work or exercise, called "sensitive receptors." Healthy adults can tolerate occasional exposure to air pollutant concentrations considerably above these minimum standards before adverse effects are observed. Recent research has shown, however, that chronic exposure to ozone (the primary ingredient in photochemical smog) may lead to adverse respiratory health even at concentrations close to the ambient standard.
National AAQS were established in 1971 for six pollution species with states retaining the option to add other pollutants, require more stringent compliance, or to include different exposure periods. The initial attainment deadline of 1977 was extended several times in air quality problem areas like Southern California. In 2003, the Environmental Protection Agency (EPA) adopted a rule, which extended and established a new attainment deadline for ozone for the year 2021. Because the State of California had established AAQS several years before the federal action and because of unique air quality problems introduced by the restrictive dispersion meteorology, there is considerable difference between state and national clean air standards.
Those standards currently in effect in California are shown in Table 1. Sources and health effects of various pollutants are shown in Table 2.
The Federal Clean Air Act Amendments (CAAA) of 1990 required that the U.S. Environmental Protection Agency (EPA) review all national AAQS in light of currently known health effects.
EPA was charged with modifying existing standards or promulgating new ones where appropriate. EPA subsequently developed standards for chronic ozone exposure (8+ hours per day) and for very small diameter particulate matter (called "PM-2.5"). New national AAQS were adopted in 1997 for these pollutants.
Planning and enforcement of the federal standards for PM-2.5 and for ozone (8-hour) were challenged by trucking and manufacturing organizations. In a unanimous decision, the U.S.
Supreme Court ruled that EPA did not require specific congressional authorization to adopt national clean air standards. The Court also ruled that health-based standards did not require preparation of a cost-benefit analysis. The Court did find, however, that there was some inconsistency between existing and "new" standards in their required attainment schedules. Such attainment-planning schedule inconsistencies centered mainly on the 8-hour ozone standard.
EPA subsequently agreed to downgrade the attainment designation for a large number of communities to “non-attainment” for the 8-hour ozone standard.
Seal Beach Gas AQ
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Table 1
Seal Beach Gas AQ
- 4 -
Table 1 (continued)
Seal Beach Gas AQ
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Table 2
Health Effects of Major Criteria Pollutants
Pollutants Sources Primary Effects
Carbon Monoxide
(CO)
•
•
•
•
•
•
•
•
•
•
•
•
Incomplete combustion of fuels and other
carbon-containing substances, such as motor
exhaust.
Reduced tolerance for exercise.
Impairment of mental function.
Impairment of fetal development.
Death at high levels of exposure.
Aggravation of some heart diseases (angina).
Aggravation of respiratory illness.
Reduced visibility.
Natural events, such as decomposition of
organic matter.
Nitrogen Dioxide
(NO2)
•
•
•
Motor vehicle exhaust.
High temperature stationary combustion.
Atmospheric reactions. Reduced plant growth.
Formation of acid rain.
Ozone
(O3)
• Atmospheric reaction of organic gases with
nitrogen oxides in sunlight.
Aggravation of respiratory and
cardiovascular diseases.
•
•
•
•
Irritation of eyes.
Impairment of cardiopulmonary function.
Plant leaf injury.
Lead (Pb) • Contaminated soil. Impairment of blood function and nerve construction.
•
•
•
Behavioral and hearing problems in children.
Respirable Particulate Reduced lung function.
Matter
(PM-10)
•
•
•
•
Stationary combustion of solid fuels.
Construction activities. Aggravation of the effects of gaseous pollutants. Industrial processes.
• Aggravation of respiratory and cardio
respiratory diseases.
Atmospheric chemical reactions.
•
•
•
•
•
•
•
Increased cough and chest discomfort.
Soiling.
Reduced visibility.
Fine Particulate Matter
(PM-2.5)
• Fuel combustion in motor vehicles,
equipment, and industrial sources.
Increases respiratory disease.
Lung damage.
•
•
•
Residential and agricultural burning.
Industrial processes.
Cancer and premature death.
Reduces visibility and results in surface
Also, formed from photochemical reactions soiling.
of other pollutants, including NOx, sulfur
oxides, and organics.
Sulfur Dioxide
(SO2)
•
•
•
Combustion of sulfur-containing fossil fuels. •
Smelting of sulfur-bearing metal ores.
Industrial processes.
Aggravation of respiratory diseases (asthma,
emphysema).
•
•
•
•
•
Reduced lung function.
Irritation of eyes.
Reduced visibility.
Plant injury.
Deterioration of metals, textiles, leather,
finishes, coatings, etc.
Source: California Air Resources Board, 2002.
Seal Beach Gas AQ
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Evaluation of the most current data on the health effects of inhalation of fine particulate matter prompted the California Air Resources Board (ARB) to recommend adoption of the statewide PM-2.5 standard that is more stringent than the federal standard. This standard was adopted in 2002. The State PM-2.5 standard is more of a goal in that it does not have specific attainment planning requirements like a federal clean air standard, but only requires continued progress towards attainment.
Similarly, the ARB extensively evaluated health effects of ozone exposure. A new state standard for an 8-hour ozone exposure was adopted in 2005, which aligned with the exposure period for the federal 8-hour standard. The California 8-hour ozone standard of 0.07 ppm is more stringent than the federal 8-hour standard of 0.075 ppm. The state standard, however, does not have a specific attainment deadline. California air quality jurisdictions are required to make steady progress towards attaining state standards, but there are no hard deadlines or any consequences of non-attainment. During the same re-evaluation process, the ARB adopted an annual state standard for nitrogen dioxide (NO2) that is more stringent than the corresponding federal standard, and strengthened the state one-hour NO2 standard.
As part of EPA’s 2002 consent decree on clean air standards, a further review of airborne particulate matter (PM) and human health was initiated. A substantial modification of federal clean air standards for PM was promulgated in 2006. Standards for PM-2.5 were strengthened, a new class of PM in the 2.5 to 10 micron size was created, some PM-10 standards were revoked, and a distinction between rural and urban air quality was adopted. In December, 2012, the federal annual standard for PM-2.5 was reduced from 15 µg/m3 to 12 µg/m3 which matches the California AAQS. The severity of the basin’s non-attainment status for PM-2.5 may be increased by this action and thus require accelerated planning for future PM-2.5 attainment.
In response to continuing evidence that ozone exposure at levels just meeting federal clean air standards is demonstrably unhealthful, EPA had proposed a further strengthening of the 8-hour standard. A new 8-hour ozone standard was adopted in 2015 after extensive analysis and public input. The adopted national 8-hour ozone standard is 0.07 ppm which matches the current California standard. It will require three years of ambient data collection, then 2 years of nonattainment findings and planning protocol adoption, then several years of plan development and approval. Final air quality plans for the new standard are likely to be adopted around 2022.
Ultimate attainment of the new standard in ozone problem areas such as Southern California might be after 2025.
In 2010 a new federal one-hour primary standard for nitrogen dioxide (NO2) was adopted. This standard is more stringent than the existing state standard. Based upon air quality monitoring data in the South Coast Air Basin, the California Air Resources Board has requested the EPA to designate the basin as being in attainment for this standard. The federal standard for sulfur dioxide (SO2) was also recently revised. However, with minimal combustion of coal and mandatory use of low sulfur fuels in California, SO2 is typically not a problem pollutant.
Seal Beach Gas AQ
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BASELINE AIR QUALITY
Existing and probable future levels of air quality around the Project area can best be best inferred from ambient air quality measurements conducted by the SCAQMD at the Anaheim monitoring station. This station measures both regional pollution levels such as smog, as well as primary vehicular pollution levels near busy roadways such as carbon monoxide and nitrogen oxides.
Particulates (PM-10 and PM-2.5) are also monitored at the Anaheim station. Table 3 is a 4-year summary of monitoring data for the major air pollutants compiled from this air monitoring station. From this data the following conclusions regarding air quality trends can be drawn:
Photochemical smog (ozone) levels occasionally exceed standards. All state and federal ozone standards have been exceeded on less than 1 percent of all days in the past four years. While ozone levels are still occasionally elevated, they are much lower than 10 to 20 years ago.
Respirable dust (PM-10) levels exceed the state standard on approximately 4 percent of measured days. The less stringent federal PM-10 standard has not been exceeded in the last four years.
The federal ultra-fine particulate (PM-2.5) standard of 35 µg/m3 has been exceeded on less than one percent of measurement days in the last four years.
More localized pollutants such as carbon monoxide, nitrogen oxides, etc. are very low near the site. There is substantial excess dispersive capacity to accommodate localized vehicular air pollutants such as NOx or CO without any threat of violating applicable AAQS. Data from a “near roadway” monitoring study directly along the I-5 shoulder (<50 feet) in Anaheim showed noticeably elevated levels of NOx and CO, but even at this close distance federal clean air standards were not exceeded.
Although complete attainment of every clean air standard is not yet imminent, extrapolation of the steady improvement trend suggests that such attainment could occur within the reasonably near future.
Seal Beach Gas AQ
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Table 3
Air Quality Monitoring Summary (2017-2020)
(Number of Days Standards Were Exceeded, and
Maximum Levels During Such Violations)
(Entries shown as ratios = samples exceeding standard/samples taken) Pollutant/Standard 2017 2018 2019 2020
Ozone
1-Hour > 0.09 ppm (S)
8-Hour > 0.07 ppm (S)
8- Hour > 0.075 ppm (F)
Max. 1-Hour Conc. (ppm)
Max. 8-Hour Conc. (ppm)
Carbon Monoxide
0 4
2 1
1 0
1 1
1 6
15 4
0.142
0.097
0.090
0.076
0.112
0.071
0.096
0.082
8- Hour > 9. ppm (S,F)
Max 8-hour Conc. (ppm)
Nitrogen Dioxide
0 2.1
0 1.9
0 1.3
0 1.7
1-Hour > 0.18 ppm (S)
Max. 1-Hour Conc. (ppm)
Inhalable Particulates (PM-10)
24-hour > 50 µg/m3 (S)
24-hour > 150 µg/m3 (F)
Max. 24-Hr. Conc. (µg/m3)
Ultra-Fine Particulates (PM-2.5)
24-Hour > 35 µg/m3 (F)
Max. 24-Hr. Conc. (µg/m3)
0 0 0 0
0.081 0.066 0.059 0.071
17/332 13/320 13/364 13/329
0/332
128.
0/320
129.
0/364
127.
0/329
120.
6/305
53.9 3/353
54.1 3/346
36.1 1/355
41.4 Anaheim Air Quality Monitoring Station (3176)
S=State Standard
F=Federal Standard
Source: South Coast AQMD – Azusa Monitoring Station
data: www.arb.ca.gov/adam/
Seal Beach Gas AQ
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AIR QUALITY PLANNING
The Federal Clean Air Act (1977 Amendments) required that designated agencies in any area of the nation not meeting national clean air standards must prepare a plan demonstrating the steps that would bring the area into compliance with all national standards. The SCAB could not meet the deadlines for ozone, nitrogen dioxide, carbon monoxide, or PM-10. In the SCAB, the agencies designated by the governor to develop regional air quality plans are the SCAQMD and the Southern California Association of Governments (SCAG). The two agencies first adopted an Air Quality Management Plan (AQMP) in 1979 and revised it several times as earlier attainment forecasts were shown to be overly optimistic.
The 1990 Federal Clean Air Act Amendment (CAAA) required that all states with air-sheds with “serious” or worse ozone problems submit a revision to the State Implementation Plan (SIP).
Substantial reductions in emissions of ROG, NOx and CO are forecast to continue throughout the next several decades. Unless new particulate control programs are implemented, PM-10 and PM-2.5 are forecast to slightly increase.
The Air Quality Management District (AQMD) adopted an updated clean air “blueprint” in August 2003. The 2003 Air Quality Management Plan (AQMP) was approved by the EPA in 2004. The AQMP outlined the air pollution measures needed to meet federal health-based standards for ozone by 2010 and for particulates (PM-10) by 2006. The 2003 AQMP was based upon the federal one-hour ozone standard which was revoked late in 2005 and replaced by an 8- hour federal standard. Because of the revocation of the hourly standard, a new air quality planning cycle was initiated.
With re-designation of the air basin as non-attainment for the 8-hour ozone standard, a new attainment plan was developed. This plan shifted most of the one-hour ozone standard attainment strategies to the 8-hour standard. As previously noted, the attainment date was to “slip” from 2010 to 2021. The updated attainment plan also includes strategies for ultimately meeting the federal PM-2.5 standard.
Because Projected attainment by 2021 required control technologies that did not exist yet, the SCAQMD requested a voluntary “bump-up” from a “severe non-attainment” area to an “extreme non-attainment” designation for ozone. The extreme designation was to allow a longer time period for these technologies to develop. If attainment cannot be demonstrated within the specified deadline without relying on “black-box” measures, EPA would have been required to impose sanctions on the region had the bump-up request not been approved. In April 2010, the EPA approved the change in the non-attainment designation from “severe-17” to “extreme.” This reclassification set a later attainment deadline (2024), but also required the air basin to adopt even more stringent emissions controls.
In other air quality attainment plan reviews, EPA had disapproved part of the SCAB PM-2.5 attainment plan included in the AQMP. EPA stated that the current attainment plan relied on PM-2.5 control regulations that had not yet been approved or implemented. It was expected that a number of rules that were pending approval would remove the identified deficiencies. If these Seal Beach Gas AQ
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issues were not resolved within the next several years, federal funding sanctions for transportation Projects could result. The 2012 AQMP included in the current California State Implementation Plan (SIP) was expected to remedy identified PM-2.5 planning deficiencies.
The federal Clean Air Act requires that non-attainment air basins have EPA approved attainment plans in place. This requirement includes the federal one-hour ozone standard even though that standard was revoked almost ten years ago. There was no approved attainment plan for the onehour federal standard at the time of revocation. Through a legal quirk, the SCAQMD is now required to develop an AQMP for the long since revoked one-hour federal ozone standard.
Because the current SIP for the basin contains a number of control measures for the 8-hour ozone standard that are equally effective for one-hour levels, the 2012 AQMP was believed to satisfy hourly attainment planning requirements.
AQMPs are required to be updated every three years. The 2012 AQMP was adopted in early 2013. An updated 2016 AQMP was adopted by the SCAQMD Board in March 2017. The 2016 AQMD quantified the emissions reductions since the 2012 AQMP. The measure of effectiveness is shown in Table 4.
Table 4
Comparison of Emissions by Major Source Category From 2012 AQMP Pollutant
VOC
NOx
SOx
PM2.5
Stationary Sources Mobile Sources
-12%
-13%
-34%
-9%
-3%
-1%
-23%
-7%
*source 2016 AQMP
SCAQMD has initiated the development of the 2022 AQMP to address the attainment of the 2015 8-hour ozone standard (70 ppb) for South Coast Air Basin and Coachella Valley which will focus on attaining the 70 ppb 8-hour ozone National Ambient Air Quality Standard (NAAQS) by 2037. On-road vehicles and off-road mobile sources represent the largest categories of NOx emissions. Accomplishment of attainment goals requires an approximate 70% reduction in NOx emissions. Large scale transition to zero emission technologies is a key strategy. To this end, Governor Executive Order N-79-20 requires 100 percent EV sales by 2035 for automobiles and short haul drayage trucks. A full transition to EV buses and heavy-duty long-haul trucks is required by 2045.
The proposed Project does not directly relate to the AQMP in that there are no specific air quality programs or regulations governing commercial development Projects. Conformity with adopted plans, forecasts and programs relative to population, housing, employment and land use is the primary yardstick by which impact significance of planned growth is determined. The SCAQMD, however, while acknowledging that the AQMP is a growth-accommodating document, does not favor designating regional impacts as less-than-significant just because the proposed development is consistent with regional growth Projections. Air quality impact significance for the proposed Project has therefore been analyzed on a Project-specific basis.
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AIR QUALITY IMPACT
STANDARDS OF SIGNIFICANCE
Air quality impacts are considered “significant” if they cause clean air standards to be violated where they are currently met, or if they “substantially” contribute to an existing violation of standards. Any substantial emissions of air contaminants for which there is no safe exposure, or nuisance emissions such as dust or odors, would also be considered a significant impact.
Appendix G of the California CEQA Guidelines offers the following four tests of air quality impact significance. A Project would have a potentially significant impact if it:
a) Conflicts with or obstructs implementation of the applicable air quality plan. b) Results in a cumulatively considerable net increase of any criteria pollutants for which the Project region is non-attainment under an applicable federal or state ambient air quality standard.
c) Exposes sensitive receptors to substantial pollutant concentrations. d) Creates objectionable odors affecting a substantial number of people.
Primary Pollutants
Air quality impacts generally occur on two scales of motion. Near an individual source of emissions or a collection of sources such as a crowded intersection or parking lot, levels of those pollutants that are emitted in their already unhealthful form will be highest. Carbon monoxide (CO) is an example of such a pollutant. Primary pollutant impacts can generally be evaluated directly in comparison to appropriate clean air standards. Violations of these standards where they are currently met, or a measurable worsening of an existing or future violation, would be considered a significant impact. Many particulates, especially fugitive dust emissions, are also primary pollutants. Because of the non-attainment status of the South Coast Air Basin (SCAB) for PM-10, an aggressive dust control program is required to control fugitive dust during Project construction.
Secondary Pollutants
Many pollutants, however, require time to transform from a more benign form to a more unhealthful contaminant. Their impact occurs regionally far from the source. Their incremental regional impact is minute on an individual basis and cannot be quantified except through complex photochemical computer models. Analysis of significance of such emissions is based upon a specified amount of emissions (pounds, tons, etc.) even though there is no way to translate those emissions directly into a corresponding ambient air quality impact.
Because of the chemical complexity of primary versus secondary pollutants, the SCAQMD has designated significant emissions levels as surrogates for evaluating regional air quality impact significance independent of chemical transformation processes. Projects with daily emissions that exceed any of the following emission thresholds are recommended by the SCAQMD to be considered significant under CEQA guidelines.
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Table 5
Daily Emissions Thresholds
Pollutant
ROG
Construction Operations
75 100
550
150
55 55
NOx 55
CO 550
150
55 PM-10
PM-2.5
SOx 150
3 150
Lead 3
Source: SCAQMD CEQA Air Quality Handbook, November, 1993 Rev.
CONSTRUCTION ACTIVITY IMPACTS
CalEEMod was developed by the SCAQMD to provide a model by which to calculate both construction emissions and operational emissions from a variety of land use Projects. It calculates both the daily maximum and annual average emissions for criteria pollutants as well as total or annual greenhouse gas (GHG) emissions.
The Project is proposing to develop the site with a new gas station with 6 fueling positions and a small convenience store. The existing gas station components will be demolished. Construction was modeled in CalEEMod2020.4.0 using the construction equipment and schedule for a Project of this size as shown in Table 6.
Table 6
Construction Activity Equipment Fleet
Phase Name and Duration Equipment
1 Concrete Saw
Demolition (10 days) 1 Dozer
2 Loader/Backhoes
1 Grader
1 Dozer Grading (2 days)
1 Loader/Backhoe
1 Crane
2 Loader/Backhoes
2 Forklifts
Construction (100 days)
1 Paver
4 Mixers
1 Loader/Backhoe
1 Roller
Paving (5 days)
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Utilizing this indicated equipment fleet and durations shown in Table 6 the following worst-case daily construction emissions are calculated by CalEEMod and are listed in Table 7.
Table 7
Construction Activity Emissions
Maximum Daily Emissions (pounds/day)
Maximal Construction ROG NOx CO SO2 PM-10 PM-2.5 Emissions 2022*
2023
1.1 1.8
75 12.0
6.4 7.8
7.6 0.0
0.0 3.0
0.5 1.7
0.3 SCAQMD Thresholds 100 550 150 150 55
*watering twice daily during the 2 days of grading
Peak daily construction activity emissions are estimated be below SCAQMD CEQA thresholds without the need for added mitigation.
Construction equipment exhaust contains carcinogenic compounds within the diesel exhaust particulates. The toxicity of diesel exhaust is evaluated relative to a 24-hour per day, 365 days per year, 70-year lifetime exposure. The SCAQMD does not generally require the analysis of construction-related diesel emissions relative to health risk due to the short period for which the majority of diesel exhaust would occur. Health risk analyses are typically assessed over a 9-, 30-, or 70-year timeframe and not over a relatively brief construction period due to the lack of health risk associated with such a brief exposure.
LOCALIZED SIGNIFICANCE THRESHOLDS
The SCAQMD has developed analysis parameters to evaluate ambient air quality on a local level in addition to the more regional emissions-based thresholds of significance. These analysis elements are called Localized Significance Thresholds (LSTs). LSTs were developed in response to Governing Board’s Environmental Justice Enhancement Initiative 1-4 and the LST methodology was provisionally adopted in October 2003 and formally approved by SCAQMD’s Mobile Source Committee in February 2005.
Use of an LST analysis for a Project is optional. For the proposed Project, the primary source of possible LST impact would be during construction. LSTs are applicable for a sensitive receptor where it is possible that an individual could remain for 24 hours such as a residence, hospital or convalescent facility.
LSTs are only applicable to the following criteria pollutants: oxides of nitrogen (NOx), carbon monoxide (CO), and particulate matter (PM-10 and PM-2.5). LSTs represent the maximum emissions from a Project that are not expected to cause or contribute to an exceedance of the most stringent applicable federal or state ambient air quality standard and are developed based on the ambient concentrations of that pollutant for each source receptor area and distance to the nearest sensitive receptor.
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LST screening tables are available for 25, 50, 100, 200- and 500-meter source-receptor distances.
The closest sensitive uses directly to the south, therefore, the most stringent thresholds for a 50- meter distance was modeled.
The SCAQMD has issued guidance on applying CalEEMod to LSTs. LST pollutant screening level concentration data is currently published for 1, 2- and 5-acre sites for varying distances.
For this Project, the most stringent thresholds for a 1-acre site were applied.
The following thresholds and emissions in Table 8 are therefore determined (pounds per day):
Table 8
LST and Project Emissions (pounds/day)
LST 1 acre/25 meters CO NOx PM-10 PM-2.5 N Coastal Orange County LST Thresholds 647
8 92
12 4
3 3
Max On-Site Emissions 2
CalEEMod Output in Appendix
Includes watering twice daily during the two days of grading LSTs were compared to the maximum daily construction activities. As seen in Table 8, LST impacts are less-than-significant.
OPERATIONAL IMPACTS
The Project would generate 1,032 daily trips using trip generation numbers provided in the Project traffic report. This number is less than the current 1,720 trips generated by the existing use. Nevertheless, the Project operational emissions impact was calculated as if all trips were new trips as a worst-case condition.
Operational emissions were calculated using CalEEMod2020.4.0 for an assumed full occupancy year of 2023. The operational impacts are shown in Table 9. As shown, operational emissions will not exceed applicable SCAQMD operational emissions CEQA thresholds of significance even without taking credit for existing on-site use.
Table 9
Proposed Uses Daily Operational Impacts (2023)
Operational Emissions (lbs/day)
Source
Area
Energy
Mobile
Total
SCAQMD Threshold
Exceeds Threshold?
ROG
<0.1
<0.1
1.8 1.8
55 NOx
<0.1
<0.1
1.1 1.1
55 CO
0.0 0.0
9.5 9.5
550
No
SO2
<0.1
<0.1
<0.1
<0.1
150
PM-10
<0.1
<0.1
1.3 1.3
150
PM-2.5
<0.1
<0.1
0.4 0.4
55 No No No No No
Source: CalEEMod Output in Appendix
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GASOLINE DISPENSING EMISSIONS AND HEALTH RISK
The gasoline station is subject to and required to comply with SCAQMD Rules 461 (Gasoline Transfer and Dispensing) as well as a Permit to Construct and Permit to Operate, Rules 201 and 203, respectively1. These required permits identify a maximum annual throughput allowed based on specific fuel storage and dispensing equipment that is proposed by the operator.
Rule 461 – Gasoline Transfer and Dispensing requires annual throughput reporting requirements.
It is designed to regulate gasoline vapor emissions from gasoline transfer and dispensing processes. The rule was initially adopted in 1976 and has been amended several times.
Vapor recovery systems are required at gas stations to collect gasoline vapors that would otherwise escape into the atmosphere All retail service stations under the SCAQMD jurisdiction have Phase I and II vapor recovery systems to control gasoline emissions. Phase I vapor recovery refers to the collection of gasoline vapors displaced from storage tanks when cargo tank trucks make gasoline deliveries. Phase II vapor recovery systems control the vapors displaced from the vehicle fuel tanks during refueling. All gasoline is stored underground with valves installed on the tank vent pipes to further control gasoline emissions.
ROG is associated with fueling activity and is one of the major ingredients that contributes to ground-level ozone (smog) formation. The proposed fuel dispensing operation is considered a stationary source emitter and is regulated in order to control the emissions of ROG.
The EPA has published a calculator to determine the ROG content for Gasoline Dispensing Facilites2. Based on the project having 6 fuel pumps the emissions potential is 1.041 tons per year for ROG.
The project would minimize the release of gasoline vapors via compliance with SCAQMD Rule 461, Gasoline Transfer and Dispensing, by installing a Phase II vapor recovery system for gasoline pumps and a Phase I vapor recovery system for the gasoline underground storage tanks.
Although South Coast AQMD Rule 461 will reduce ROG emissions they are not eliminated from the fueling process.
Gasoline vapors also have the potential to produce Toxic Air Contaminants (TACs). TACs are defined by CARB as pollutants that “may cause or contribute to an increase in deaths or serious illness, or which may pose a present or potential hazard to human health.” TACs include benzene, hexane, MTBE, toluene, and xylene. However, only three (benzene, ethylbenzene, and naphthalene) result in cancer effects and are analyzed for cancer risk. Although gasoline vapors 1 http://www.aqmd.gov/home/rules-compliance/compliance/gasoline-dispensing2 2 https://www.google.com/search?ei=R68OXfKyI8HAsQW_15ewBQ&q=voc+percentage+gasoline+dispensing+stor age&oq=voc+percentage+gasoline+dispensing+storage&gs_l=psyab.3...3154.9514..9936...2.0..0.128.2351.1j20......0....1..gwswiz.......0i71j33i22i29i30j33i299j33i160.DNXhdXyHYdk Seal Beach Gas AQ
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have non-cancer impacts, the risks from retail gasoline dispensing facilities are dominated by cancer risk.
The SCAQMD has published a Risk Assessment Procedures document for Rules 1401, 1401.1 & 2123 which provides screening-level risk estimates for gasoline dispensing operations. These thresholds are utilized in order to identify potentially significant health risk impacts that may result from exposure to sensitive populations. This screening-level risk estimate is very conservative (i.e. it would overstate rather than understate potential impacts.
The cancer risk look-up screening tables, located in Appendix “N4,” are available for various meteorological receptor areas located within the SCAQMD jurisdiction. The screening tables are also dependent on annual throughput and distance to a sensitive receptor. For this project, the applicant estimates a throughput of approximately 110 million gallons per month. The most stringent 25-foot source receptor distance was modeled for the closest residential use.
Additionally, cancer risk at the J.H. McGaugh Elementary School which is approximately 500 meters from the site was evaluated.
Based on the look up tables it is anticipated the closest residential receptor in the project vicinity will be exposed to a cancer risk of 3.6 in one million for below ground tanks. This risk is much less than the applicable threshold of 10 in one million.
Rule 1401.1 requires the facility-wide cancer risk to be less than one in one million at any school or school under construction within 500 feet of the facility. The cancer rate at the elementary school would be 0.03 in one million. These risks are much less than the applicable threshold of 1 in one million. Therefore, no mitigation is required.
Underground storage tanks have a limited lifetime though the rate of corrosion and tank failure is completely dependent on tank type, installation, and site circumstances. Replacing the existing older storage tanks with newer and safer tanks can only provide a benefit in terms of possible leaks or gas vapors.
3 http://www.aqmd.gov/docs/default-source/rule-book/ProposedRules/1401/riskassessmentprocedures_2017_080717.pdf 4 http://www.aqmd.gov/docs/default-source/permitting/rule-1401-risk-assessment/attachmentn-v8-1.pdf?sfvrsn=4 Seal Beach Gas AQ
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CONSTRUCTION EMISSIONS MINIMIZATION
Construction activities are not anticipated to cause dust emissions to exceed SCAQMD CEQA thresholds. Nevertheless, emissions minimization through enhanced dust control measures is recommended for use because of the non-attainment status of the air basin. Recommended measures include:
Fugitive Dust Control
• Apply soil stabilizers or moisten inactive areas.
• 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 Similarly, 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 for diesel exhaust is recommended. Combustion emissions control options include:
Exhaust Emissions Control
• Utilize well-tuned off-road construction equipment.
• Establish a preference for contractors using Tier 3 or better rated heavy equipment. • Enforce 5-minute idling limits for both on-road trucks and off-road equipment.
Seal Beach Gas AQ
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GREENHOUSE GAS EMISSIONS
“Greenhouse gases” (so called because of their role in trapping heat near the surface of the earth) emitted by human activity are implicated in global climate change, commonly referred to as “global warming.” These greenhouse gases contribute to an increase in the temperature of the earth’s atmosphere by transparency to short wavelength visible sunlight, but near opacity to outgoing terrestrial long wavelength heat radiation in some parts of the infrared spectrum. The principal greenhouse gases (GHGs) are carbon dioxide, methane, nitrous oxide, ozone, and water vapor. For purposes of planning and regulation, Section 15364.5 of the California Code of Regulations defines GHGs to include carbon dioxide, methane, nitrous oxide, hydrofluorocarbons, perfluorocarbons and sulfur hexafluoride. Fossil fuel consumption in the transportation sector (on-road motor vehicles, off-highway mobile sources, and aircraft) is the single largest source of GHG emissions, accounting for approximately half of GHG emissions globally. Industrial and commercial sources are the second largest contributors of GHG emissions with about one-fourth of total emissions.
California has passed several bills and the Governor has signed at least three executive orders regarding greenhouse gases. GHG statues and executive orders (EO) include AB 32, SB 1368, EO S-03-05, EO S-20-06 and EO S-01-07.
AB 32 is one of the most significant pieces of environmental legislation that California has adopted. Among other things, it is designed to maintain California’s reputation as a “national and international leader on energy conservation and environmental stewardship.” It will have wide-ranging effects on California businesses and lifestyles as well as far reaching effects on other states and countries. A unique aspect of AB 32, beyond its broad and wide-ranging mandatory provisions and dramatic GHG reductions are the short time frames within which it must be implemented. Major components of the AB 32 include:
• Require the monitoring and reporting of GHG emissions beginning with sources or categories of sources that contribute the most to statewide emissions. • Requires immediate “early action” control programs on the most readily controlled GHG sources.
• Mandates that by 2020, California’s GHG emissions be reduced to 1990 levels. • Forces an overall reduction of GHG gases in California by 25-40%, from business as usual, to be achieved by 2020.
• Must complement efforts to achieve and maintain federal and state ambient air quality standards and to reduce toxic air contaminants.
Statewide, the framework for developing the implementing regulations for AB 32 is under way.
Maximum GHG reductions are expected to derive from increased vehicle fuel efficiency, from greater use of renewable energy and from increased structural energy efficiency. Additionally, through the California Climate Action Registry (CCAR now called the Climate Action Reserve), general and industry-specific protocols for assessing and reporting GHG emissions have been developed. GHG sources are categorized into direct sources (i.e. company owned) and indirect Seal Beach Gas AQ
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sources (i.e. not company owned). Direct sources include combustion emissions from on-and off-road mobile sources, and fugitive emissions. Indirect sources include off-site electricity generation and non-company owned mobile sources.
THRESHOLDS OF SIGNIFICANCE
In response to the requirements of SB97, the State Resources Agency developed guidelines for the treatment of GHG emissions under CEQA. These new guidelines became state laws as part of Title 14 of the California Code of Regulations in March, 2010. The CEQA Appendix G guidelines were modified to include GHG as a required analysis element. A Project would have a potentially significant impact if it:
• Generates GHG emissions, directly or indirectly, that may have a significant impact on the environment, or,
• Conflicts with an applicable plan, policy or regulation adopted to reduce GHG emissions.
Section 15064.4 of the Code specifies how significance of GHG emissions is to be evaluated.
The process is broken down into quantification of Project-related GHG emissions, making a determination of significance, and specification of any appropriate mitigation if impacts are found to be potentially significant. At each of these steps, the new GHG guidelines afford the lead agency with substantial flexibility.
Emissions identification may be quantitative, qualitative or based on performance standards.
CEQA guidelines allow the lead agency to “select the model or methodology it considers most appropriate.” The most common practice for transportation/combustion GHG emissions quantification is to use a computer model such as CalEEMod, as was used in the ensuing analysis.
The significance of those emissions then must be evaluated; the selection of a threshold of significance must take into consideration what level of GHG emissions would be cumulatively considerable. The guidelines are clear that they do not support a zero net emissions threshold. If the lead agency does not have sufficient expertise in evaluating GHG impacts, it may rely on thresholds adopted by an agency with greater expertise.
On December 5, 2008 the SCAQMD Governing Board adopted an Interim quantitative GHG Significance Threshold for industrial Projects where the SCAQMD is the lead agency (e.g., stationary source permit Projects, rules, plans, etc.) of 10,000 Metric Tons (MT) CO2 equivalent/year. In September 2010, the SCAQMD CEQA Significance Thresholds GHG Working Group released revisions which recommended a threshold of 3,000 MT CO2e for all land use Projects. This 3,000 MT/year recommendation has been used as a guideline for this analysis. In the absence of an adopted numerical threshold of significance, Project related GHG emissions in excess of the guideline level are presumed to trigger a requirement for enhanced GHG reduction at the Project level.
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PROJECT RELATED GHG EMISSIONS GENERATION
Construction Activity GHG Emissions
CalEEMod assumes the Project to require less than one year for construction but could occur over two calendar years. During Project construction, the CalEEMod2020.4.0 computer model predicts that the construction activities will generate the annual CO2e emissions identified in Table 10.
Table 10
Construction Emissions (Metric Tons CO2e)
CO2e
Year 2022
Year 2023
Total
56.0 4.9
60.9 Amortized 2.0
CalEEMod Output provided in appendix
SCAQMD GHG emissions policy from construction activities is to amortize emissions over a 30-year lifetime. The amortized level is also provided. GHG impacts from construction are considered individually less-than-significant.
Project Operational GHG Emissions
The input assumptions for operational GHG emissions calculations, and the GHG conversion from consumption to annual regional CO2e emissions are summarized in the CalEEMod2020.4.0 output files found in the appendix of this report.
The total operational and annualized construction emissions for the proposed Project are identified in Table 11. The Project GHG emissions are considered less-than-significant. This conclusion is reached by counting all trips as “new” rather than taking any credit for the current use which generates more trips than proposed. In this respect, the Project is air quality positive.
Table 11
Operational Emissions
(Metric Tons CO2e)
Consumption Source
Area Sources
Energy Utilization
Mobile Source
Solid Waste Generation
Water Consumption
Construction
0.0 1.8
232.7
0.0 0.3
2.0 Total
Guideline Threshold
236.8
3,000
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CONSISTENCY WITH GHG PLANS, PROGRAMS AND POLICIES
The City of Seal Beach has not yet completed a finalized Greenhouse Gas Reduction Plan. The applicable GHG planning document is AB-32. As discussed above, the project is not expected to result in a significant increase in GHG emissions. As a result, the project results in GHG emissions below the recommended SCAQMD 3,000-ton threshold. Therefore, the project would not conflict with any applicable plan, policy, or regulation to reduce GHG emissions.
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CALEEMOD2020.4.0 COMPUTER MODEL OUTPUT
• DAILY EMISISONS
• ANNUAL EMISSIONS
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CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Seal Beach Gas Station
South Coast Air Basin, Summer
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size
6.00 Metric
Pump
Lot Acreage
0.02 Floor Surface Area
847.05
Population
Convenience Market with Gas Pumps 0
1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
8 Wind Speed (m/s) 2.2 Precipitation Freq (Days) 31
Operational Year 2023
Utility Company Southern California Edison
CO2 Intensity 390.98
(lb/MWhr)
CH4 Intensity
(lb/MWhr)
0.033 N2O Intensity
(lb/MWhr)
0.004
1.3 User Entered Comments & Non-Default Data
Project Characteristics -
Land Use -
Construction Phase -
Vehicle Trips - trip rates per traffic study
Construction Off-road Equipment Mitigation -
Table Name
tblVehicleTrips
tblVehicleTrips
tblVehicleTrips
Column Name
ST_TR
Default Value New Value
322.50
322.50
322.50
172.00
172.00
172.00
SU_TR
WD_TR
2.0 Emissions Summary
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
2.1 Overall Construction (Maximum Daily Emission)
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2022
2023
1.1105
1.7629
1.7629
12.0239
6.4186
7.8482
7.6486
7.8482
0.0149
0.0130
0.0149
5.4014
0.2012
5.4014
0.5178
0.3203
0.5178
5.9192
0.4666
5.9192
2.5923
0.0534
2.5923
0.4764
0.2946
0.4764
3.0687
0.3010
3.0687
0.0000
0.0000
0.0000
1,446.511 1,446.511 0.4436
0.3573
0.4436
2.4400e- 1,458.181
4 4 003 3
1,213.973 1,213.973 4.0500e- 1,222.834
1 1 003 5
Maximum 12.0239 1,446.511 1,446.511 4.0500e- 1,458.181
4 4 003 3
Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year lb/day lb/day
2022
2023
1.1105
1.7629
1.7629
12.0239
6.4186
7.8482
7.6486
7.8482
0.0149
0.0130
0.0149
2.4798
0.2012
2.4798
0.5178
0.3203
0.5178
2.9976
0.4666
2.9976
1.1796
0.0534
1.1796
0.4764
0.2946
0.4764
1.6560
0.3010
1.6560
0.0000
0.0000
0.0000
1,446.511 1,446.511 0.4436
0.3573
0.4436
2.4400e- 1,458.181
4 4 003 3
1,213.973 1,213.973 4.0500e- 1,222.834
1 1 003 5
Maximum 12.0239 1,446.511 1,446.511 4.0500e- 1,458.181
4 4 003 3
CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent 0.00 0.00 0.00 0.00 52.15 0.00 45.75 53.40 0.00 41.92 0.00 0.00 0.00 0.00 0.00 0.00 Reduction
CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
2.2 Overall Operational
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area
Energy
Mobile
Total
0.0190 1.0000e0056.1000e0040.0000
0.0000
0.0139
0.0139
0.0000 0.0000 0.0000 0.0000 1.3100e0031.3100e0030.0000 1.4000e003
5.0000e0054.5000e0043.8000e0043.0000e0053.0000e0053.0000e0053.0000e0050.5433 0.5433 1.0000e0051.0000e0050.5465
1.8255 1.1390 9.5460 1.2977 0.0123 1.3100 0.3458 0.0115 0.3572 1,417.261 1,417.261 0.1745 0.1021 1,452.034 6 6 0
1.8445 1.1395 9.5470 1.2977 0.0124 1.3100 0.3458 0.0115 0.3573 1,417.806 1,417.806 0.1745 0.1021 1,452.581 3 3 9
Mitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Area
Energy
Mobile
Total
0.0190 1.0000e0056.1000e0040.0000
0.0000
0.0139
0.0139
0.0000 0.0000 0.0000 0.0000 1.3100e0031.3100e0030.0000 1.4000e003
5.0000e0054.5000e0043.8000e0043.0000e0053.0000e0053.0000e0053.0000e0050.5433 0.5433 1.0000e0051.0000e0050.5465
1.8255 1.1390 9.5460 1.2977 0.0123 1.3100 0.3458 0.0115 0.3572 1,417.261 1,417.261 0.1745 0.1021 1,452.034 6 6 0
1.8445 1.1395 9.5470 1.2977 0.0124 1.3100 0.3458 0.0115 0.3573 1,417.806 1,417.806 0.1745 0.1021 1,452.581 3 3 9
CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROG
0.00 NOx
0.00 CO SO2
0.00 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4
0.00 N20
0.00 CO2e
Percent 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 Reduction
3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days Num Days Week
Phase Description
1 Demolition
Grading
Demolition 8/1/2022
8/16/2022
8/18/2022
1/5/2023
1/12/2023
8/12/2022
8/17/2022
1/4/2023
5 5
5 5
5 10
2 2
3 4
5 Grading
Building Construction
Paving
Building Construction
Paving
100
1/11/2023 5
Architectural Coating Architectural Coating 1/18/2023 5 Acres of Grading (Site Preparation Phase): 0
Acres of Grading (Grading Phase): 1.5
Acres of Paving: 0
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 1,271; Non-Residential Outdoor: 424; Striped Parking Area: 0 (Architectural Coating – sqft)
OffRoad Equipment
Phase Name
Architectural Coating
Offroad Equipment Type
Air Compressors
Amount Usage Hours
6.00 Horse Power Load Factor
1 0.48
4 1
1 2
1 78
Paving Cement and Mortar Mixers 9
Concrete/Industrial Saws
Cranes
6.00 8.00
4.00 6.00
6.00 0.56
0.73 0.29
0.20 0.41
Demolition 81
Building Construction
Building Construction
Grading
231
Forklifts 89
Graders 187
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Paving Pavers 1
1 1
1 2
2 1
1 7.00
7.00 1.00
6.00 8.00
6.00 7.00
7.00 130
80 0.42
0.38 0.40
0.40 0.37
0.37 0.37
0.37 Paving Rollers
Demolition
Grading
Rubber Tired Dozers
Rubber Tired Dozers
Tractors/Loaders/Backhoes
Tractors/Loaders/Backhoes
Tractors/Loaders/Backhoes
Tractors/Loaders/Backhoes
247
247
Building Construction 97
Demolition
Grading
97 97
Paving 97
Trips and VMT
Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip Hauling Trip Worker Trip
Number Number Length
Vendor Trip Hauling Trip Worker Vehicle
Class
Vendor
Vehicle Class Vehicle Class
Hauling
Length Length
Demolition 4 10.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HDT_Mix
HDT_Mix
HDT_Mix
HDT_Mix
HHDT
HHDT
HHDT
HHDT
HHDT
Grading 3
5 7
1 8.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 14.70
14.70 14.70
14.70 6.90
6.90 6.90
6.90 20.00 LD_Mix
20.00 LD_Mix
20.00 LD_Mix
20.00 LD_Mix
Building Construction
Paving 18.00
Architectural Coating 0.00
3.1 Mitigation Measures Construction
Water Exposed Area
CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.2 Demolition - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 1,147.902 1,147.902 0.2119 1,153.200 5 5 1
Total 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 1,147.902 1,147.902 0.2119 1,153.200 5 5 1
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0341
0.0341
0.0000
0.0000
0.0241
0.0241
0.0000
0.0000
0.3789
0.3789
0.0000
0.0000
0.0000
0.0000
0.1118
0.1118
0.0000
0.0000
0.0000
0.0000
0.1125
0.1125
0.0000
0.0000
0.0296
0.0296
0.0000
0.0000
0.0000
0.0000
0.0303
0.0303
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.0100e0036.7000e0046.2000e004102.1145 102.1145 2.6700e0032.4400e- 102.9078 003
1.0100e0036.7000e0046.2000e004102.1145 102.1145 2.6700e0032.4400e- 102.9078 003
CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.2 Demolition - 2022
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 0.0000 1,147.902 1,147.902 0.2119 1,153.200 5 5 1
Total 0.7094 6.4138 7.4693 0.0120 0.3375 0.3375 0.3225 0.3225 0.0000 1,147.902 1,147.902 0.2119 1,153.200 5 5 1
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0341
0.0341
0.0000
0.0000
0.0241
0.0241
0.0000
0.0000
0.3789
0.3789
0.0000
0.0000
0.0000
0.0000
0.1118
0.1118
0.0000
0.0000
0.0000
0.0000
0.1125
0.1125
0.0000
0.0000
0.0296
0.0296
0.0000
0.0000
0.0000
0.0000
0.0303
0.0303
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.0100e0036.7000e0046.2000e004102.1145 102.1145 2.6700e0032.4400e- 102.9078 003
1.0100e0036.7000e0046.2000e004102.1145 102.1145 2.6700e0032.4400e- 102.9078 003
CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.3 Grading - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust
Off-Road
Total
5.3119 0.0000
0.5173
0.5173
5.3119
0.5173
5.8292
2.5686 0.0000
0.4759
0.4759
2.5686
0.4759
3.0445
0.0000 0.0000
1.0832 12.0046 5.9360 0.0141 1,364.819 1,364.819 0.4414 1,375.855 8 8 1
1.0832 12.0046 5.9360 0.0141 5.3119 2.5686 1,364.819 1,364.819 0.4414 1,375.855 8 8 1
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0273
0.0273
0.0000
0.0000
0.0193
0.0193
0.0000
0.0000
0.3031
0.3031
0.0000
0.0000
0.0000
0.0000
0.0894
0.0894
0.0000
0.0000
0.0000
0.0000
0.0900
0.0900
0.0000
0.0000
0.0237
0.0237
0.0000
0.0000
0.0000
0.0000
0.0242
0.0242
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
8.1000e0045.4000e0044.9000e00481.6916
81.6916
81.6916
81.6916
2.1400e0031.9500e00382.3262
8.1000e- 82.3262
004
5.4000e0044.9000e0042.1400e0031.9500e003
CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.3 Grading - 2022
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Fugitive Dust
Off-Road
Total
2.3904 0.0000
0.5173
0.5173
2.3904
0.5173
2.9077
1.1559 0.0000
0.4759
0.4759
1.1559
0.4759
1.6318
0.0000 0.0000
1.0832 12.0046 5.9360 0.0141 0.0000 1,364.819 1,364.819 0.4414 1,375.855 8 8 1
1.0832 12.0046 5.9360 0.0141 2.3904 1.1559 0.0000 1,364.819 1,364.819 0.4414 1,375.855 8 8 1
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0273
0.0273
0.0000
0.0000
0.0193
0.0193
0.0000
0.0000
0.3031
0.3031
0.0000
0.0000
0.0000
0.0000
0.0894
0.0894
0.0000
0.0000
0.0000
0.0000
0.0900
0.0900
0.0000
0.0000
0.0237
0.0237
0.0000
0.0000
0.0000
0.0000
0.0242
0.0242
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
8.1000e0045.4000e0044.9000e00481.6916
81.6916
81.6916
81.6916
2.1400e0031.9500e00382.3262
8.1000e- 82.3262
004
5.4000e0044.9000e0042.1400e0031.9500e003
CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.939 1,103.939 0.3570 1,112.865 3 3 2
Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 1,103.939 1,103.939 0.3570 1,112.865 3 3 2
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2022
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 1,112.865 3 3 2
Total 0.6863 7.0258 7.1527 0.0114 0.3719 0.3719 0.3422 0.3422 0.0000 1,103.939 1,103.939 0.3570 1,112.865 3 3 2
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.608 1,104.608 0.3573 1,113.540 9 9 2
Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 1,104.608 1,104.608 0.3573 1,113.540 9 9 2
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2023
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.608 1,104.608 0.3573 1,113.540 9 9 2
Total 0.6322 6.4186 7.0970 0.0114 0.3203 0.3203 0.2946 0.2946 0.0000 1,104.608 1,104.608 0.3573 1,113.540 9 9 2
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Paving - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road
Paving
Total
0.6112
0.0000
0.6112
5.5046 7.0209 0.0113 0.2643
0.0000
0.2643
0.2643
0.0000
0.2643
0.2466
0.0000
0.2466
0.2466
0.0000
0.2466
1,036.087 1,036.087 0.3018 1,043.633
8 8 1
0.0000 0.0000
5.5046 7.0209 0.0113 1,036.087 1,036.087 0.3018 1,043.633 8 8 1
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0569
0.0569
0.0000
0.0000
0.0384
0.0384
0.0000
0.0000
0.6276
0.6276
0.0000
0.0000
0.0000
0.0000
0.2012
0.2012
0.0000
0.0000
0.0000
0.0000
0.2023
0.2023
0.0000
0.0000
0.0534
0.0534
0.0000
0.0000
0.0000
0.0000
0.0544
0.0544
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.7600e0031.1300e0031.0400e003177.8853 177.8853 4.3200e0034.0500e- 179.2014 003
1.7600e0031.1300e0031.0400e003177.8853 177.8853 4.3200e0034.0500e- 179.2014 003
CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Paving - 2023
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Off-Road
Paving
Total
0.6112
0.0000
0.6112
5.5046 7.0209 0.0113 0.2643
0.0000
0.2643
0.2643
0.0000
0.2643
0.2466
0.0000
0.2466
0.2466
0.0000
0.2466
0.0000 1,036.087 1,036.087 0.3018 1,043.633
8 8 1
0.0000 0.0000
5.5046 7.0209 0.0113 0.0000 1,036.087 1,036.087 0.3018 1,043.633 8 8 1
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0569
0.0569
0.0000
0.0000
0.0384
0.0384
0.0000
0.0000
0.6276
0.6276
0.0000
0.0000
0.0000
0.0000
0.2012
0.2012
0.0000
0.0000
0.0000
0.0000
0.2023
0.2023
0.0000
0.0000
0.0534
0.0534
0.0000
0.0000
0.0000
0.0000
0.0544
0.0544
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.7600e0031.1300e0031.0400e003177.8853 177.8853 4.3200e0034.0500e- 179.2014 003
1.7600e0031.1300e0031.0400e003177.8853 177.8853 4.3200e0034.0500e- 179.2014 003
CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.6 Architectural Coating - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating
Off-Road
Total
1.5713
0.1917
1.7629
0.0000
0.0708
0.0708
0.0000
0.0708
0.0708
0.0000
0.0708
0.0708
0.0000
0.0708
0.0708
0.0000
281.4481 281.4481
281.4481 281.4481
0.0000
1.3030 1.8111 2.9700e0030.0168 281.8690
1.3030 1.8111 2.9700e- 281.8690
003
0.0168
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.6 Architectural Coating - 2023
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Archit. Coating
Off-Road
Total
1.5713
0.1917
1.7629
0.0000
0.0708
0.0708
0.0000
0.0708
0.0708
0.0000
0.0708
0.0708
0.0000
0.0708
0.0708
0.0000
281.4481 281.4481
281.4481 281.4481
0.0000
1.3030 1.8111 2.9700e0030.0000 0.0168 281.8690
1.3030 1.8111 2.9700e- 281.8690
003
0.0000 0.0168
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 1.8255
1.8255
1.1390
1.1390
9.5460
9.5460
0.0139
0.0139
1.2977
1.2977
0.0123
0.0123
1.3100
1.3100
0.3458
0.3458
0.0115
0.0115
0.3572
0.3572
1,417.261 1,417.261 0.1745
0.1745
0.1021
0.1021
1,452.034
6 6 0
Unmitigated 1,417.261 1,417.261 1,452.034
6 6 0
4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Convenience Market with Gas Pumps
Total
1,032.00
1,032.00
1,032.00
1,032.00
1032.00
1,032.00
615,975
615,975
615,975
615,975
4.3 Trip Type Information
Miles Trip % Trip Purpose %
Land Use H-W or C-W
16.60 H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary 14 Diverted
21 Pass-by
Convenience Market with Gas 8.40 6.90 0.80 80.20 19.00 65
4.4 Fleet Mix
Land Use LDA LDT1 LDT2
0.184625
MDV
0.129879
LHD1
0.023845
LHD2
0.006339
MHD HHD OBUS UBUS
0.000515
MCY SBUS MH
Convenience Market with Gas
Pumps
0.544109 0.060768 0.011719 0.008584 0.000815 0.024285 0.000743 0.003774 CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
5.0 Energy Detail
Historical Energy Use: N
5.1 Mitigation Measures Energy
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
NaturalGas
Mitigated
5.0000e0054.5000e0043.8000e0040.0000
0.0000
3.0000e0053.0000e0053.0000e0053.0000e0050.5433
0.5433
0.5433
0.5433
1.0000e0051.0000e0050.5465
NaturalGas 0.5465
Unmitigated
5.0000e0054.5000e0043.8000e0043.0000e0053.0000e0053.0000e0053.0000e0051.0000e0051.0000e005
5.2 Energy by Land Use - NaturalGas
Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr
4.61816
lb/day lb/day
Convenience
Market with Gas
Pumps
5.0000e0054.5000e0043.8000e0040.0000 3.0000e0053.0000e0053.0000e0053.0000e0050.5433 0.5433 1.0000e0051.0000e0050.5465 Total 5.0000e0054.5000e0043.8000e0040.0000 3.0000e0053.0000e0053.0000e0053.0000e0050.5433 0.5433 1.0000e0051.0000e0050.5465 CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
5.2 Energy by Land Use - NaturalGas
Mitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr lb/day lb/day
Convenience
Market with Gas
Pumps
0.0046181 5.0000e- 4.5000e0043.8000e0040.0000 3.0000e0053.0000e0053.0000e0053.0000e0050.5433 0.5433 1.0000e0051.0000e0050.5465 6 005
Total 5.0000e0054.5000e0043.8000e0040.0000 3.0000e0053.0000e0053.0000e0053.0000e0050.5433 0.5433 1.0000e0051.0000e0050.5465
6.0 Area Detail
6.1 Mitigation Measures Area
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category lb/day lb/day
Mitigated 0.0190
0.0190
1.0000e0056.1000e0040.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.3100e0031.3100e0030.0000
0.0000
1.4000e003
Unmitigated 1.0000e0056.1000e0041.3100e0031.3100e0031.4000e003 CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
6.2 Area by SubCategory
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating
2.1500e0030.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Consumer 0.0000
Products
0.0168
Landscaping 6.0000e0051.0000e0056.1000e0040.0000 1.3100e0031.3100e0030.0000 1.4000e003 Total 0.0190 1.0000e0056.1000e0040.0000 1.3100e0031.3100e0030.0000 1.4000e003 CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
6.2 Area by SubCategory
Mitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory lb/day lb/day
Architectural
Coating
2.1500e0030.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Consumer 0.0000
Products
0.0168
Landscaping 6.0000e0051.0000e0056.1000e0040.0000 1.3100e0031.3100e0030.0000 1.4000e003 Total 0.0190 1.0000e0056.1000e0040.0000 1.3100e0031.3100e0030.0000 1.4000e003
7.0 Water Detail
7.1 Mitigation Measures Water
CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 24 Date: 4/24/2022 1:47 PM Seal Beach Gas Station - South Coast Air Basin, Summer
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
8.0 Waste Detail
8.1 Mitigation Measures Waste
9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type
10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power
Boiler Rating
Load Factor
Fuel Type
Fuel Type
Boilers
Equipment Type Number
Number
Heat Input/Day Heat Input/Year
User Defined Equipment
Equipment Type
11.0 Vegetation
CalEEMod Version: CalEEMod.2020.4.0 Page 1 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Seal Beach Gas Station
South Coast Air Basin, Annual
1.0 Project Characteristics
1.1 Land Usage
Land Uses Size
6.00 Metric
Pump
Lot Acreage
0.02 Floor Surface Area
847.05
Population
Convenience Market with Gas Pumps 0
1.2 Other Project Characteristics
Urbanization
Climate Zone
Urban
8 Wind Speed (m/s) 2.2 Precipitation Freq (Days) 31
Operational Year 2023
Utility Company Southern California Edison
CO2 Intensity 390.98
(lb/MWhr)
CH4 Intensity
(lb/MWhr)
0.033 N2O Intensity
(lb/MWhr)
0.004
1.3 User Entered Comments & Non-Default Data
Project Characteristics -
Land Use -
Construction Phase -
Vehicle Trips - trip rates per traffic study
Construction Off-road Equipment Mitigation -
Table Name
tblVehicleTrips
tblVehicleTrips
tblVehicleTrips
Column Name
ST_TR
Default Value New Value
322.50
322.50
322.50
172.00
172.00
172.00
SU_TR
WD_TR
2.0 Emissions Summary
CalEEMod Version: CalEEMod.2020.4.0 Page 2 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
2.1 Overall Construction
Unmitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022
2023
0.0381 0.3850
0.0268
0.3850
0.3922
0.0342
0.3922
6.3000e0045.9500e0030.0203 0.0262 2.7400e0030.0187 0.0214 0.0000
0.0000
0.0000
55.5311
4.8776
55.5311
4.8776
0.0171 1.0000e00555.9623
7.0200e- 4.9110
003
6.0000e0054.9000e0041.3200e0031.8100e0031.3000e0041.2400e0031.3700e0031.2200e0031.0000e005 Maximum 0.0381 6.3000e0045.9500e0030.0203 0.0262 2.7400e0030.0187 0.0214 55.5311 55.5311 0.0171 1.0000e00555.9623 Mitigated Construction
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Year tons/yr MT/yr
2022
2023
0.0381 0.3850
0.0268
0.3850
0.3922
0.0342
0.3922
6.3000e0043.0300e0030.0203 0.0233 1.3200e0030.0187 0.0200 0.0000
0.0000
0.0000
55.5310
4.8776
55.5310
4.8776
0.0171 1.0000e00555.9622
7.0200e- 4.9110
003
6.0000e0054.9000e0041.3200e0031.8100e0031.3000e0041.2400e0031.3700e0031.2200e0031.0000e005 Maximum 0.0381 6.3000e0043.0300e0030.0203 0.0233 1.3200e0030.0187 0.0200 55.5310 55.5310 0.0171 1.0000e00555.9622 CalEEMod Version: CalEEMod.2020.4.0 Page 3 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4 N20 CO2e
Percent 0.00 0.00 0.00 0.00 45.34 0.00 10.46 49.48 0.00 6.19 0.00 0.00 0.00 0.00 0.00 0.00 Reduction
Quarter Start Date End Date Maximum Unmitigated ROG + NOX (tons/quarter) Maximum Mitigated ROG + NOX (tons/quarter) 1 2
8-1-2022 10-31-2022
1-31-2023
Highest
0.2467
0.2013
0.2467
0.2467
0.2013
0.2467
11-1-2022
2.2 Overall Operational
Unmitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area
Energy
Mobile
Waste
Water
Total
3.4600e0030.0000 8.0000e0050.0000
0.0000
0.0000 0.0000 0.0000 0.0000 0.0000
0.0000
0.0000
0.0000
0.0199
0.0199
1.5000e0041.5000e0040.0000 0.0000 1.6000e004
1.0000e0058.0000e0057.0000e0051.0000e0051.0000e0051.0000e0051.0000e0051.7619 1.7619 1.4000e0042.0000e0051.7711 232.6960
0.0000
0.3055 0.2229 1.8276 2.4500e0030.2319 2.2500e0030.2341
0.0000
0.0000
0.2341
0.0619 2.0800e0030.0640
0.0000
0.0000
0.0640
226.6790 226.6790 0.0309
0.0000
0.0176
0.0000 0.0000
0.0000
0.0000
0.0000
0.0000
0.2207
0.0000
0.2406 2.0600e003
5.0000e0050.3072
0.3090 0.2229 1.8277 2.4500e0030.2319 2.2600e0030.0619 2.0900e003228.6617 228.6816 0.0331 0.0177 234.7745 CalEEMod Version: CalEEMod.2020.4.0 Page 4 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
2.2 Overall Operational
Mitigated Operational
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Area
Energy
Mobile
Waste
Water
Total
3.4600e0030.0000 8.0000e0050.0000
0.0000
0.0000 0.0000 0.0000 0.0000 0.0000
0.0000
0.0000
0.0000
0.0199
0.0199
1.5000e0041.5000e0040.0000 0.0000 1.6000e004
1.0000e0058.0000e0057.0000e0051.0000e0051.0000e0051.0000e0051.0000e0051.7619 1.7619 1.4000e0042.0000e0051.7711 232.6960
0.0000
0.3055 0.2229 1.8276 2.4500e0030.2319 2.2500e0030.2341
0.0000
0.0000
0.2341
0.0619 2.0800e0030.0640
0.0000
0.0000
0.0640
226.6790 226.6790 0.0309
0.0000
0.0176
0.0000 0.0000
0.0000
0.0000
0.0000
0.0000
0.2207
0.0000
0.2406 2.0600e003
5.0000e0050.3072
0.3090 0.2229 1.8277 2.4500e0030.2319 2.2600e0030.0619 2.0900e003228.6617 228.6816 0.0331 0.0177 234.7745 ROG NOx CO SO2
0.00 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio-CO2 Total CO2 CH4
0.00 N20 CO2e
Percent 0.00
Reduction
0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00 0.00
3.0 Construction Detail
Construction Phase
Phase
Number
Phase Name Phase Type Start Date End Date Num Days Num Days Week
Phase Description
1 Demolition
Grading
Demolition 8/1/2022
8/16/2022
8/18/2022
8/12/2022 5
5 5
10 2 2
3 Grading 8/17/2022
Building Construction Building Construction 1/4/2023 100 CalEEMod Version: CalEEMod.2020.4.0 Page 5 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied 4 5
Paving Paving 1/5/2023 1/11/2023
1/18/2023
5 5
5 Architectural Coating Architectural Coating 1/12/2023 5 Acres of Grading (Site Preparation Phase): 0
Acres of Grading (Grading Phase): 1.5
Acres of Paving: 0
Residential Indoor: 0; Residential Outdoor: 0; Non-Residential Indoor: 1,271; Non-Residential Outdoor: 424; Striped Parking Area: 0 (Architectural Coating – sqft)
OffRoad Equipment
Phase Name
Architectural Coating
Offroad Equipment Type
Air Compressors
Amount Usage Hours
6.00 Horse Power Load Factor
1 0.48
4 1
1 2
1 1
1 1
1 2
2 1
1 78
Paving Cement and Mortar Mixers 9
Concrete/Industrial Saws
Cranes
6.00 8.00
4.00 6.00
6.00 7.00
7.00 1.00
6.00 8.00
6.00 7.00
7.00 0.56
0.73 0.29
0.20 0.41
0.42 0.38
0.40 0.40
0.37 0.37
0.37 0.37
Demolition
Building Construction
Building Construction
Grading
81 231
Forklifts 89
Graders 187
130
80 Paving Pavers
Paving Rollers
Demolition
Grading
Rubber Tired Dozers
Rubber Tired Dozers
Tractors/Loaders/Backhoes
Tractors/Loaders/Backhoes
Tractors/Loaders/Backhoes
Tractors/Loaders/Backhoes
247
247
Building Construction 97
Demolition
Grading
97 97
Paving 97
Trips and VMT
CalEEMod Version: CalEEMod.2020.4.0 Page 6 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Phase Name Offroad Equipment
Count
Worker Trip
Number
Vendor Trip Hauling Trip Worker Trip
Number Number Length
Vendor Trip Hauling Trip
Length Length
Worker Vehicle
Class
Vendor
Vehicle Class Vehicle Class
Hauling
Demolition 4 10.00 0.00 0.00 14.70 6.90 20.00 LD_Mix HDT_Mix HDT_Mix
HDT_Mix
HDT_Mix
HDT_Mix
HHDT
HHDT
HHDT
HHDT
HHDT
Grading 3
5 7
1 8.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 0.00
0.00 14.70
14.70 14.70
14.70 6.90
6.90 6.90
6.90 20.00 LD_Mix
20.00 LD_Mix
20.00 LD_Mix
20.00 LD_Mix
Building Construction
Paving 18.00
Architectural Coating 0.00
3.1 Mitigation Measures Construction
Water Exposed Area
3.2 Demolition - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.5500e0030.0321 0.0374 6.0000e0051.6900e0031.6900e0031.6100e0031.6100e0030.0000 5.2068 5.2068 9.6000e0040.0000 5.2308 Total 3.5500e0030.0321 0.0374 6.0000e0051.6900e0031.6900e0031.6100e0031.6100e0030.0000 5.2068 5.2068 9.6000e0040.0000 5.2308 CalEEMod Version: CalEEMod.2020.4.0 Page 7 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.2 Demolition - 2022
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.4435
0.4435
0.0000
0.0000
0.4435
0.4435
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.4474
0.4474
1.7000e0041.4000e0041.7700e0035.5000e0045.5000e0041.5000e0041.5000e0041.0000e0051.0000e005
1.7000e0041.4000e0041.7700e0035.5000e0045.5000e0041.5000e0041.5000e0041.0000e0051.0000e005 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 3.5500e0030.0321 0.0374 6.0000e0051.6900e0031.6900e0031.6100e0031.6100e0030.0000 5.2068 5.2068 9.6000e0040.0000 5.2308 Total 3.5500e0030.0321 0.0374 6.0000e0051.6900e0031.6900e0031.6100e0031.6100e0030.0000 5.2068 5.2068 9.6000e0040.0000 5.2308 CalEEMod Version: CalEEMod.2020.4.0 Page 8 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.2 Demolition - 2022
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.4435
0.4435
0.0000
0.0000
0.4435
0.4435
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.4474
0.4474
1.7000e0041.4000e0041.7700e0035.5000e0045.5000e0041.5000e0041.5000e0041.0000e0051.0000e005
1.7000e0041.4000e0041.7700e0035.5000e0045.5000e0041.5000e0041.5000e0041.0000e0051.0000e005
3.3 Grading - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust
Off-Road
Total
5.3100e0030.0000 5.3100e0032.5700e0030.0000 2.5700e0030.0000
0.0000
0.0000
0.0000
1.2381
1.2381
0.0000
1.2381
1.2381
0.0000 0.0000
0.0000
0.0000
0.0000
1.2482
1.2482
1.0800e0030.0120 5.9400e0031.0000e0055.2000e0045.2000e0044.8000e0044.8000e0044.0000e004
1.0800e0030.0120 5.9400e0031.0000e0055.3100e0035.2000e0045.8300e0032.5700e0034.8000e0043.0500e0034.0000e004 CalEEMod Version: CalEEMod.2020.4.0 Page 9 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.3 Grading - 2022
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0710
0.0710
0.0000
0.0000
0.0710
0.0710
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0716
0.0716
3.0000e0052.0000e0052.8000e0049.0000e0059.0000e0052.0000e0052.0000e005
3.0000e0052.0000e0052.8000e0049.0000e0059.0000e0052.0000e0052.0000e005 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Fugitive Dust
Off-Road
Total
2.3900e0030.0000 2.3900e0031.1600e0030.0000 1.1600e0030.0000
0.0000
0.0000
0.0000
1.2381
1.2381
0.0000
1.2381
1.2381
0.0000 0.0000
0.0000
0.0000
0.0000
1.2482
1.2482
1.0800e0030.0120 5.9400e0031.0000e0055.2000e0045.2000e0044.8000e0044.8000e0044.0000e004
1.0800e0030.0120 5.9400e0031.0000e0052.3900e0035.2000e0042.9100e0031.1600e0034.8000e0041.6400e0034.0000e004 CalEEMod Version: CalEEMod.2020.4.0 Page 10 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.3 Grading - 2022
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0710
0.0710
0.0000
0.0000
0.0710
0.0710
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0716
0.0716
3.0000e0052.0000e0052.8000e0049.0000e0059.0000e0052.0000e0052.0000e005
3.0000e0052.0000e0052.8000e0049.0000e0059.0000e0052.0000e0052.0000e005
3.4 Building Construction - 2022
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0333 0.3408 0.3469 5.5000e0040.0180 0.0180 0.0166 0.0166 0.0000 48.5716 48.5716 0.0157 0.0000 48.9644 Total 0.0333 0.3408 0.3469 5.5000e0040.0180 0.0180 0.0166 0.0166 0.0000 48.5716 48.5716 0.0157 0.0000 48.9644 CalEEMod Version: CalEEMod.2020.4.0 Page 11 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2022
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 0.0333 0.3408 0.3469 5.5000e0040.0180 0.0180 0.0166 0.0166 0.0000 48.5716 48.5716 0.0157 0.0000 48.9643 Total 0.0333 0.3408 0.3469 5.5000e0040.0180 0.0180 0.0166 0.0166 0.0000 48.5716 48.5716 0.0157 0.0000 48.9643 CalEEMod Version: CalEEMod.2020.4.0 Page 12 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2022
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
3.4 Building Construction - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 9.5000e0049.6300e0030.0107 2.0000e0054.8000e0044.8000e0044.4000e0044.4000e0040.0000 1.5031 1.5031 4.9000e0040.0000 1.5153 Total 9.5000e0049.6300e0030.0107 2.0000e0054.8000e0044.8000e0044.4000e0044.4000e0040.0000 1.5031 1.5031 4.9000e0040.0000 1.5153 CalEEMod Version: CalEEMod.2020.4.0 Page 13 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2023
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road 9.5000e0049.6300e0030.0107 2.0000e0054.8000e0044.8000e0044.4000e0044.4000e0040.0000 1.5031 1.5031 4.9000e0040.0000 1.5153 Total 9.5000e0049.6300e0030.0107 2.0000e0054.8000e0044.8000e0044.4000e0044.4000e0040.0000 1.5031 1.5031 4.9000e0040.0000 1.5153 CalEEMod Version: CalEEMod.2020.4.0 Page 14 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.4 Building Construction - 2023
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
3.5 Paving - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road
Paving
Total
1.5300e0030.0138 0.0176 3.0000e0056.6000e0046.6000e0046.2000e0046.2000e0040.0000
0.0000
0.0000
2.3498
0.0000
2.3498
2.3498
0.0000
2.3498
6.8000e0040.0000
0.0000
0.0000
2.3669
0.0000
2.3669
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
1.5300e0030.0138 0.0176 3.0000e0056.6000e0046.6000e0046.2000e0046.2000e0046.8000e004 CalEEMod Version: CalEEMod.2020.4.0 Page 15 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Paving - 2023
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.3863
0.3863
0.0000
0.0000
0.3863
0.3863
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.3896
0.3896
1.4000e0041.1000e0041.4700e0034.9000e0045.0000e0041.3000e0041.3000e0041.0000e0051.0000e005
1.4000e0041.1000e0041.4700e0034.9000e0045.0000e0041.3000e0041.3000e0041.0000e0051.0000e005 Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Off-Road
Paving
Total
1.5300e0030.0138 0.0176 3.0000e0056.6000e0046.6000e0046.2000e0046.2000e0040.0000
0.0000
0.0000
2.3498
0.0000
2.3498
2.3498
0.0000
2.3498
6.8000e0040.0000
0.0000
0.0000
2.3669
0.0000
2.3669
0.0000 0.0000 0.0000 0.0000 0.0000 0.0000
1.5300e0030.0138 0.0176 3.0000e0056.6000e0046.6000e0046.2000e0046.2000e0046.8000e004 CalEEMod Version: CalEEMod.2020.4.0 Page 16 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.5 Paving - 2023
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.3863
0.3863
0.0000
0.0000
0.3863
0.3863
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.3896
0.3896
1.4000e0041.1000e0041.4700e0034.9000e0045.0000e0041.3000e0041.3000e0041.0000e0051.0000e005
1.4000e0041.1000e0041.4700e0034.9000e0045.0000e0041.3000e0041.3000e0041.0000e0051.0000e005
3.6 Architectural Coating - 2023
Unmitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating
Off-Road
Total
3.9300e0030.0000 0.0000 0.0000 0.0000 0.0000
0.0000
0.0000
0.0000
0.6383
0.6383
0.0000
0.6383
0.6383
0.0000 0.0000
0.0000
0.0000
0.0000
0.6393
0.6393
4.8000e0043.2600e0034.5300e0031.0000e0051.8000e0041.8000e0041.8000e0041.8000e0044.0000e005
4.4100e0033.2600e0034.5300e0031.0000e0051.8000e0041.8000e0041.8000e0041.8000e0044.0000e005 CalEEMod Version: CalEEMod.2020.4.0 Page 17 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.6 Architectural Coating - 2023
Unmitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Mitigated Construction On-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Archit. Coating
Off-Road
Total
3.9300e0030.0000 0.0000 0.0000 0.0000 0.0000
0.0000
0.0000
0.0000
0.6383
0.6383
0.0000
0.6383
0.6383
0.0000 0.0000
0.0000
0.0000
0.0000
0.6393
0.6393
4.8000e0043.2600e0034.5300e0031.0000e0051.8000e0041.8000e0041.8000e0041.8000e0044.0000e005
4.4100e0033.2600e0034.5300e0031.0000e0051.8000e0041.8000e0041.8000e0041.8000e0044.0000e005 CalEEMod Version: CalEEMod.2020.4.0 Page 18 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
3.6 Architectural Coating - 2023
Mitigated Construction Off-Site
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Hauling
Vendor
Worker
Total
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 19 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
4.0 Operational Detail - Mobile
4.1 Mitigation Measures Mobile
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 0.3055
0.3055
0.2229
0.2229
1.8276
1.8276
2.4500e0030.2319
0.2319
2.2500e0030.2341
0.2341
0.0619
0.0619
2.0800e0030.0640
0.0640
0.0000
0.0000
226.6790 226.6790 0.0309
0.0309
0.0176
0.0176
232.6960
Unmitigated 2.4500e- 232.6960
003
2.2500e0032.0800e003226.6790 226.6790
4.2 Trip Summary Information
Average Daily Trip Rate Unmitigated Mitigated
Land Use Weekday Saturday Sunday Annual VMT Annual VMT
Convenience Market with Gas Pumps
Total
1,032.00
1,032.00
1,032.00
1,032.00
1032.00
1,032.00
615,975
615,975
615,975
615,975
4.3 Trip Type Information
Miles Trip % Trip Purpose %
Land Use H-W or C-W
16.60 H-S or C-C H-O or C-NW H-W or C-W H-S or C-C H-O or C-NW Primary 14 Diverted
21 Pass-by
Convenience Market with Gas 8.40 6.90 0.80 80.20 19.00 65
4.4 Fleet Mix
Land Use LDA LDT1 LDT2
0.184625
MDV
0.129879
LHD1
0.023845
LHD2
0.006339
MHD HHD OBUS UBUS MCY SBUS MH
Convenience Market with Gas
Pumps
0.544109 0.060768 0.011719 0.008584 0.000815 0.000515 0.024285 0.000743 0.003774 CalEEMod Version: CalEEMod.2020.4.0 Page 20 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
5.0 Energy Detail
Historical Energy Use: N
5.1 Mitigation Measures Energy
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Electricity
Mitigated
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.6720
1.6720
0.0900
0.0900
1.6720
1.6720
0.0900
0.0900
1.4000e0042.0000e0051.6806
1.6806
0.0905
0.0905
Electricity
Unmitigated
1.4000e0042.0000e005
NaturalGas
Mitigated
1.0000e0058.0000e0057.0000e0050.0000
0.0000
1.0000e0051.0000e0051.0000e0051.0000e0050.0000
0.0000
0.0000
NaturalGas 0.0000
Unmitigated
1.0000e0058.0000e0057.0000e0051.0000e0051.0000e0051.0000e0051.0000e005 CalEEMod Version: CalEEMod.2020.4.0 Page 21 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
5.2 Energy by Land Use - NaturalGas
Unmitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr
1685.63
tons/yr MT/yr
Convenience
Market with Gas
Pumps
1.0000e0058.0000e0057.0000e0050.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 0.0900 0.0900 0.0000 0.0000 0.0905 Total 1.0000e0058.0000e0057.0000e0050.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 0.0900 0.0900 0.0000 0.0000 0.0905 Mitigated
NaturalGa
s Use
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Land Use kBTU/yr
1685.63
tons/yr MT/yr
Convenience
Market with Gas
Pumps
1.0000e0058.0000e0057.0000e0050.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 0.0900 0.0900 0.0000 0.0000 0.0905 Total 1.0000e0058.0000e0057.0000e0050.0000 1.0000e0051.0000e0051.0000e0051.0000e0050.0000 0.0900 0.0900 0.0000 0.0000 0.0905 CalEEMod Version: CalEEMod.2020.4.0 Page 22 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
5.3 Energy by Land Use - Electricity
Unmitigated
Electricity Total CO2
Use
CH4 N2O CO2e
Land Use kWh/yr MT/yr
Convenience
Market with Gas
Pumps
9427.67 1.6720 1.4000e0042.0000e0051.6806
Total 1.6720 1.4000e0042.0000e0051.6806
Mitigated
Electricity Total CO2
Use
CH4 N2O CO2e
Land Use kWh/yr MT/yr
Convenience
Market with Gas
Pumps
9427.67 1.6720 1.4000e0042.0000e0051.6806
Total 1.6720 1.4000e0042.0000e0051.6806
6.0 Area Detail
6.1 Mitigation Measures Area
CalEEMod Version: CalEEMod.2020.4.0 Page 23 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
Category tons/yr MT/yr
Mitigated 3.4600e0030.0000
0.0000
8.0000e0050.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
1.5000e0041.5000e0040.0000
0.0000
0.0000
0.0000
1.6000e004
Unmitigated 3.4600e0038.0000e0051.5000e0041.5000e0041.6000e004
6.2 Area by SubCategory
Unmitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating
3.9000e0040.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Consumer 0.0000
Products
3.0600e003
Landscaping 1.0000e0050.0000 8.0000e0050.0000 1.5000e0041.5000e0041.6000e004 Total 3.4600e0030.0000 8.0000e0050.0000 1.5000e0041.5000e0041.6000e004 CalEEMod Version: CalEEMod.2020.4.0 Page 24 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
6.2 Area by SubCategory
Mitigated
ROG NOx CO SO2 Fugitive
PM10
Exhaust
PM10
PM10
Total
Fugitive
PM2.5
Exhaust
PM2.5
PM2.5
Total
Bio- CO2 NBio- CO2 Total CO2 CH4 N2O CO2e
SubCategory tons/yr MT/yr
Architectural
Coating
3.9000e0040.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Consumer 0.0000
Products
3.0600e003
Landscaping 1.0000e0050.0000 8.0000e0050.0000 1.5000e0041.5000e0041.6000e004 Total 3.4600e0030.0000 8.0000e0050.0000 1.5000e0041.5000e0041.6000e004
7.0 Water Detail
7.1 Mitigation Measures Water
CalEEMod Version: CalEEMod.2020.4.0 Page 25 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied Total CO2 CH4 N2O CO2e
Category MT/yr
Mitigated 0.2406
0.2406
2.0600e0035.0000e0050.3072
Unmitigated 2.0600e- 0.3072
003
5.0000e005
7.2 Water by Land Use
Unmitigated
Indoor/Out Total CO2
door Use
CH4 N2O CO2e
Land Use Mgal MT/yr
Convenience
Market with Gas
Pumps
0.0627431
/
0.0384554
0.2406 2.0600e0035.0000e0050.3072
Total 0.2406 2.0600e0035.0000e0050.3072
CalEEMod Version: CalEEMod.2020.4.0 Page 26 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
7.2 Water by Land Use
Mitigated
Indoor/Out Total CO2
door Use
CH4 N2O CO2e
Land Use Mgal MT/yr
Convenience
Market with Gas
Pumps
0.0627431
/
0.0384554
0.2406 2.0600e0035.0000e0050.3072
Total 0.2406 2.0600e0035.0000e0050.3072
8.0 Waste Detail
8.1 Mitigation Measures Waste
Category/Year
Total CO2 CH4 N2O CO2e
MT/yr
Mitigated 0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
0.0000
Unmitigated 0.0000
CalEEMod Version: CalEEMod.2020.4.0 Page 27 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
8.2 Waste by Land Use
Unmitigated
Waste Total CO2 CH4 N2O CO2e
Disposed
Land Use tons
0 MT/yr
0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
Mitigated
Waste Total CO2 CH4 N2O CO2e
Disposed
Land Use tons
0 MT/yr
0.0000 0.0000 0.0000 0.0000
Total 0.0000 0.0000 0.0000 0.0000
9.0 Operational Offroad
Equipment Type Number Hours/Day Days/Year Horse Power Load Factor Fuel Type CalEEMod Version: CalEEMod.2020.4.0 Page 28 of 28 Date: 4/24/2022 1:57 PM Seal Beach Gas Station - South Coast Air Basin, Annual
EMFAC Off-Model Adjustment Factors for Gasoline Light Duty Vehicle to Account for the SAFE Vehicle Rule Not Applied
10.0 Stationary Equipment
Fire Pumps and Emergency Generators
Equipment Type Number Hours/Day Hours/Year Horse Power
Boiler Rating
Load Factor
Fuel Type
Fuel Type
Boilers
Equipment Type Number
Number
Heat Input/Day Heat Input/Year
User Defined Equipment
Equipment Type
11.0 Vegetation
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Appendix C – Noise Analysis
NOISE IMPACT ANALYSIS
GAS STATION PROJECT AT THE SOUTHEAST CORNER OF
PACIFIC COAST HIGHWAY AND 13TH STREET
CITY OF SEAL BEACH, CALIFORNIA
Prepared by:
Giroux & Associates
Prepared for:
Hodge & Associates
Attn: Bill Hodge
21061 Canyon Drive
Wildomar, CA 92261
Date:
April 22, 2022
Project No.: P22-015 N
PROJECT DESCRIPTION
The existing on-site gas station contains ten fueling positions and a kiosk. The proposed project will demolish these elements and will construct a gas station with six fueling positions and a 1,200-squarefoot convenience store building. Overall, the number of customer trips per day is predicted to decrease.
The closest sensitive use is immediately to the south. There is a single-family one-story home at 324 13th Street. The home fronts 13th Street while the detached garage takes access from the adjacent alley.
This residence will be adjacent to the proposed convenience store. The home has an approximate side yard setback of 5.5 feet from the shared property line. The closest convenience store façade will have a 10-feet rear yard setback. An 8-foot block wall will be constructed at the shared property line.
NOISE SETTING
Sound is mechanical energy transmitted by pressure waves in a compressible medium such as air. Noise is generally considered to be unwanted sound. Sound is characterized by various parameters that describe the rate of oscillation of sound waves, the distance between successive troughs or crests, the speed of propagation, and the pressure level or energy content of a given sound. In particular, the sound pressure level has become the most common descriptor used to characterize the loudness of an ambient sound level.
The decibel (dBA) scale is used to quantify sound pressure levels. Although decibels are most commonly associated with sound, "dB" is a generic descriptor that is equal to ten times the logarithmic ratio of any physical parameter versus some reference quantity. For sound, the reference level is the faintest sound detectable by a young person with good auditory acuity.
Since the human ear is not equally sensitive to all sound frequencies within the entire auditory spectrum, human response is factored into sound descriptions by weighting sounds within the range of maximum human sensitivity more heavily in a process called “A-weighting,” written as dB(A). Any further reference in this discussion to decibels written as "dBA" should be understood to be A-weighted.
Time variations in noise exposure are typically expressed in terms of a steady-state energy level equal to the energy content of the time varying period (called LEQ), or alternately, as a statistical description of the sound pressure level that is exceeded over some fraction of a given observation period. Finally, because community receptors are more sensitive to unwanted noise intrusion during the evening and at night, state law requires that, for planning purposes, an artificial dB increment be added to quiet time noise levels in a 24-hour noise descriptor called the Ldn (day-night) or the Community Noise Equivalent Level (CNEL). The CNEL metric has gradually replaced the Ldn factor, but the two descriptors are essentially identical.
For “stationary” noise sources, or noise sources emanating from private property, such as a parking structure, the City does have legal authority to establish noise performance standards designed to not adversely impact adjoining uses. These standards are typically articulated in the jurisdictional Municipal Code. These standards recognize the varying noise sensitivity of both transmitting and receiving land uses. The property line noise performance standards are normally structured according to land use and time-of-day.
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PLANNING STANDARDS
The City of Seal Beach has established guidelines for acceptable community noise levels that are based upon the CNEL rating scale to ensure that noise exposure is considered in any development. CNELbased standards apply to noise sources whose noise generation is preempted from local control (such as from on-road vehicles, trains, airplanes, etc.) and are used to make land use decisions as to the suitability of a given site for its intended use. These CNEL-based standards are articulated in the Noise Element of the General Plan.
Figure 1 shows the noise compatibility guidelines for various land uses. These guidelines would apply in usable outdoor space such as patios, yards, spas, etc. The guidelines indicate that an exterior noise level of 65 dB CNEL is considered to be a “normally acceptable” noise level for multi-family homes.
Exterior noise levels up to 70 dB CNEL are typically considered “conditionally acceptable”, and residential construction should only occur after a detailed analysis of the noise reduction requirements is made and potential noise attenuation features are included in the project design. Exterior noise attenuation features include, but are not limited to, setbacks to place structures outside the conditionally acceptable noise contour, orienting structures so no windows open to the noise source, and /or installing noise barriers such as berms or solid walls.
An interior CNEL of 45 dB is mandated by the State of California Noise Insulation Standards (CCR, Title 24, Part 6, Section T25-28) for multiple family dwellings and hotel and motel rooms. In 1988, the State Building Standards Commission expanded that standard to include all habitable rooms in residential use, included single-family dwelling units. Since normal noise attenuation within residential structures with closed windows is 25-30 dB, an exterior noise exposure of 65-75 dB CNEL allows the interior standard to be met without any specialized structural attenuation (dual paned windows, etc.), but with closed windows and fresh air supply systems such as air conditioning in order to maintain a comfortable living environment.
According to section 7.15.025 in the municipal code, the City of Seal Beach limits construction activities to between the hours of 7:00 a.m. and 8:00 p.m., Mondays through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8 :00 p.m. on Sundays or city-observed federal holidays. Construction activities that occur during allowable hours are exempt from compliance with numerical noise standards.
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Figure 1 Noise Compatibility Guidelines
(Seal Beach General Plan)
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NOISE ORDINANCE STANDARDS
Planning standards generally apply to land use decisions made in response to noise sources pre-empted from local control such as motor vehicles, aircraft, etc. Noises from “stationary” sources are amenable to regulation through the Municipal Code. Chapter 7.15 of the City’s code governs noise from one property crossing the property line of an adjacent property. The commercial noise standard is 65 dBA day or night. The residential noise standard is 55 dBA by day and 50 dBA at night. Noise standards are not to be exceeded more than 30 minutes in any hour. Deviations from the baseline are allowed for noise “spikes” for progressively shorter periods for more substantial deviations up to a maximum of 20 dBA.
In areas where residential uses abut commercial or recreational activities, noise impacts may be perceived as intrusive, especially during noise sensitive quiet hours. There are commercial/residential interfaces at the project-site. Because of the small lot sizes in much of Seal Beach, mechanical equipment on one parcel may be located very close to the property line of an adjacent residential parcel.
Motor hum and on/off cycling noise can be judged as intrusive. In recognition of this occasional conflict, a separate section of the Municipal Code directly address “Heating, Venting and Air Conditioning Equipment” (7.15.035). Modern equipment is typically quieter and less prone to causing problems.
Compliance with the standards in this section of the code is nevertheless an important consideration in preventing possible noise nuisance.
BASELINE NOISE LEVELS
A noise study was conducted by Giroux & Associates on Thursday, February 10, 2022, with short term noise readings at the project site. Short term (15-minute) noise measurements were conducted on the partial wall at the shared property line with the residence to the south. The location of the meter is shown in Figure 1. The location was chosen to be representative of the current noise environment at the closest and therefore most impacted sensitive use. For accuracy, two measurements were made at the same location.
The observed Leqs for the two measurements were 65 and 64 dBA. The maximum noise levels were 81 dBA and 72 dBA. Observed minimums for the sites were 48 and 44 dBA. Overall, it was evident that the area is subject to a lot of traffic on PCH which generates a good deal of noise. During the measurements there were car doors opening and closing at the existing pumps, but these activities were rarely detectable unless there was a short period of relative quiet from fewer cars due to traffic control.
Also significant were the cars parked on both sides of 13th Street. The entire street was full of parked cars on both sides of the roadway, with frequent comings and goings. 4 Seal Beach Gas N
Figure 2
Noise Meter Location
Meter
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NOISE IMPA CTS
IMPACT SIGNIFICANCE CRITERIA
Noise impacts are considered significant if they result in:
a. Generation of a substantial temporary or permanent increase in ambient noise levels in the vicinity of the Project in excess of standards established in the local general plan or noise ordinance, or applicable standards of other agencies.
b. Generation of excessive groundborne vibration or groundborne noise levels. c. For a Project located within the vicinity of a private airstrip or an airport land use plan or, where such a plan has not been adopted, within two miles of a public airport or public use airport, would the Project expose people residing or working in the Project area to excessive noise levels.
Several characteristic noise sources are typically identified with land use intensification such as that proposed for the development of the proposed Project. Construction activities, especially heavy equipment, will create short-term noise increases near the site. Such impacts would be important for possible noise-sensitive receptors. Additionally, the Project analysis examines operational noise on adjacent receptors. There are no airports within proximity to the Project.
The term "substantial increase" is not defined by any responsible agency. The limits of perceptibility by ambient grade instrumentation (sound meters) or by humans in a laboratory environment is around
1.5 dB. Under ambient conditions, people generally do not perceive that noise has clearly changed until there is a 3 dB difference. A threshold of 3 dB is commonly used to define "substantial increase." An increase of +3 dBA CNEL in traffic noise would be consistent a significant impact.
CONSTRUCTION NOISE IMPACTS
The noise impact assessment evaluates short-term (temporary) impacts associated with Project construction. For construction noise, the potential for impacts is assessed by considering several factors, including the proximity of construction-related noise sources to sensitive receptors, typical noise levels associated with construction equipment, the potential for construction noise levels to interfere with adjacent activities, and whether proposed activities would occur outside the construction time limits specified in the Seal Beach Municipal Code.
The City of Seal Beach limits construction activities to between hours of 7:00 a.m. and 8:00 p.m.
Mondays through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8 :00 p.m. on Sundays or city-observed federal holidays. Construction activities that occur during allowable hours are exempt from compliance with numerical noise standards.
Construction noise levels will vary at any given receptor and are dependent on the construction phase, equipment type, duration of use, distance between the noise source and receptor, and the presence or absence of barriers between the noise source and receptor. The closest sensitive use is the single-story structure to the south with a 5.5-foot setback to the shared property line and a 15.5-foot setback to the closest façade of the convenience store. Most demolition will occur at the current pump area with a setback distance of approximately 70-feet. An 8-foot block wall will be constructed at the shared property line and will help mitigate off-site noise.
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The exact construction schedule for the proposed development is not known at this time. Construction equipment such as bulldozers, backhoes, loaders, and assorted other hand tools and professional grade equipment would likely be used.
In 2006, the Federal Highway Administration (FHWA) published the Roadway Construction Noise Model that includes a national database of construction equipment reference noise emissions levels. In addition, the database provides an acoustical usage factor to estimate the fraction of time each piece of construction equipment is operating at full power during a construction phase. The usage factor is a key input variable that is used to calculate the average Leq noise levels.
Table 1 identifies highest (Lmax) noise levels associated with each type of equipment identified for use, then adjusts this noise level for distance to the closest sensitive receptor and the extent of equipment usage (usage factor), which is represented as Leq. The table is organized by construction activity and equipment associated with each activity.
Quantitatively, the primary noise prediction equation is expressed as follows for the hourly average noise level (Leq) at distance D between the source and receiver (dBA):
Leq = Lmax @ 50’ – 20 log (D/50’) + 10log (U.F%/100) – I.L.(bar) Where:
Lmax @ 50’ is the published reference noise level at 50 feet U.F.% is the usage factor for full power operation per hour I.L.(bar) is the insertion loss for intervening barriers Table 1
Construction Equipment Noise Levels at 50-ft Reference Distance Measured
Noise @ 50 Noise Level @
feet (dB)
82 Cumulative Usage
Factor1
Hours of
Operation Phase Name 2
Demolition
Grading
Equipment
50 feet (dB))
Dozer 40%
20%
37%
40%
40%
37%
20%
37%
16%
46%
50%
40%
38%
3.2 1.6
3.0 3.2
3.2 3.0
1.6 3.0
1.3 3.7
4.0 3.2
3.0 78
84 74
81 78
74 68
74 73
71 74
72 76
Concrete Saw
Loader/Backhoe
Grader
90 78
85 82
78 75
78 81
74 77
76 80
Dozer
Loader/Backhoe
Forklift
Building
Construction
Loader/Backhoe
Crane
Welder
Paver
Paving Paving Equip
Roller
Source: FHWA’s Roadway Construction Noise Model, 2006
1. Estimates the fraction of time each piece of equipment is operating at full power during a construction operation.
2. Represents the actual hours of peak construction equipment activity out of a typical 8-hour day.
The highest noise levels generated by Project construction activities would typically range from about 74 to 90 dBA Lmax at a distance of 50 feet from the noise source. Adjusted for usage typical hourly average construction generated noise levels are about 68 dBA to 84 dBA Leq measured at a reference distance of 50 feet from the site. Construction generated noise levels drop off or increase at a rate of 7 Seal Beach Gas N
about 6 dBA per doubling/halving of distance between the source and receptor. Shielding by buildings or terrain often results in lower construction noise levels at distant receptors. The potential for construction-related noise to adversely affect nearby residential receptors would depend on the location and proximity of construction activities to these receptors.
On-Site Demolition
Demolition activities are predicted to require use of the noisiest construction equipment. The probable equipment fleet is comprised of backhoe, dozer, and a concrete saw. Demolition debris will be hauled off site. The existing pumps area is minimally 70 feet from the closest sensitive use. At 70 feet the noisiest piece of construction equipment, a concrete saw, could generate noise levels of 81 dBA Leq.
Other demolition equipment such as a loader/backhoe will only generate noise levels of about 75 dBA which will be much quieter. Demolition is estimated to require10 days.
On-Site Grading
The site is flat. Grading is anticipated to require 2 days. After demolition, grading will generate the most noise. The closest off-site structures only have a 5.5-feet distance separation from the Project property line. Since the site is small, most grading will be done with smaller hand tools such as loader/backhoe, not a dozer. The loader/backhoe will not operate directly at the property line for any length of time.
Interior noise levels would be approximately 25 dBA lower assuming closed windows. Although noise levels would be noticeable, they would be temporary and will occur only when heavy equipment operates at the closest property line. The site is flat and grading is only anticipated to require two days.
Building Construction
Construction activities would require smaller, less noisy equipment than demolition and grading but would require a longer duration. However, the small convenience store is the only planned structure.
The closest on-site to off-site sensitive use is 15.5 feet from the closest building facade. At the closest residence construction noise levels could be as high as 84 dBA Leq without consideration of the block wall. With closed windows, the noise interior noise level would decrease to 59 dBA Leq. The planned 8-foot wall would reduce noise levels by approximately -5 dBA.
Paving
There is minimal paving along the southern property line which is closest to off-site residential use.
Summary
Construction noise is unavoidable though noise would be temporary and limited to the duration of the construction in any one location and different types of construction equipment would be used throughout the construction process. These temporary impacts will cease once the Project is completed.
Complete elimination of construction activity noise is technically infeasible. However, incorporation of the best available noise reduction methods will minimize impacts.
Associated noise can be mitigated by required compliance with all applicable regulatory measures.
Compliance with the following measures is recommended:
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- Construction activities are limited to the hours of 7:00 a.m. and 8:00 p.m., Mondays through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8 :00 p.m. on Sundays or city-observed federal holidays.
-
-
Construction vehicles and equipment (fixed or mobile) shall be equipped with properly operating and maintained mufflers.
Material stockpiles and/or vehicle staging areas shall be located as far as practical from dwelling units.
Compliance with these regulatory measures will minimize any adverse construction noise impact potential. No mitigation measures are necessary.
CONSTRUCTION ACTIVITY VIBRATION
Construction activities generate ground-borne vibration when heavy equipment travels over unpaved surfaces or when it is engaged in soil movement. The effects of ground-borne vibration include discernible movement of building floors, rattling of windows, shaking of items on shelves or hanging on walls, and rumbling sounds. Vibration related problems generally occur due to resonances in the structural components of a building because structures amplify groundborne vibration. Within the “soft” sedimentary surfaces of much of Southern California, ground vibration is quickly damped out.
Groundborne vibration is almost never annoying to people who are outdoors (FTA 2006).
Groundborne vibrations from construction activities rarely reach levels that can damage structures.
Because vibration is typically not an issue, very few jurisdictions have adopted vibration significance thresholds. Vibration thresholds have been adopted for major public works construction Projects, but these relate mostly to structural protection (cracking foundations or stucco) rather than to human annoyance.
A vibration descriptor commonly used to determine structural damage is the peak particle velocity (ppv) which is defined as the maximum instantaneous positive or negative peak of the vibration signal, usually measured in in/sec. The range of such vibration is as follows in Table 2:
Table 2
Human Response To Transient Vibration
Average Human Response ppv (in/sec)
Severe 2.00
0.90 0.24
0.03 Strongly perceptible
Distinctly perceptible
Barely perceptible
Source: Caltrans Transportation and Construction Vibration Guidance Manual, 2013.
According to Caltrans, the threshold for structural vibration damage for modern structures is 0.5 in/sec for intermittent sources, which include impact pile drivers, pogo-stick compactors, crack-and-seat equipment, vibratory pile drivers, and vibratory compaction equipment. The American Association of State Highway and Transportation Officials (AASHTO) (1990) identifies maximum vibration levels for preventing damage to structures from intermittent construction or maintenance activities for residential buildings in good repair with gypsum board walls to be 0.4–0.5 in/sec as shown in Table 3. Below this level there is virtually no risk of building damage.
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Table 3
FTA and Caltrans Guideline Vibration Damage Potential Threshold Criteria Building Type PPV (in/sec)
FTA Criteria
Reinforced concrete, steel or timber (no plaster)
Engineered concrete and masonry (no plaster)
Non-engineered timber and masonry buildings
Buildings extremely susceptible to vibration damage
Caltrans Criteria
0.5 0.3
0.2 0.12
Modern industrial/commercial buildings
New residential structures
0.5 0.5
Older residential structures 0.3
Historic old buildings
Fragile Buildings
0.25 0.1
Extremely fragile ruins, ancient monuments 0.08
The predicted vibration levels generated by construction equipment anticipated for use are shown below in Table 4.
Table 4
Estimated Vibration Levels During Project Construction
PPV PPV PPV PPV PPV
Equipment
Large Bulldozer
Loaded trucks
Jackhammer
at 10 ft (in/sec) at 15 ft (in/sec) at 25 ft (in/sec) at 40 ft (in/sec) at 50 ft (in/sec)
0.352
0.300
0.138
0.012
0.191
0.163
0.075
0.006
0.089
0.076
0.035
0.003
0.044
0.037
0.017
0.001
0.031
0.027
0.012
Small Bulldozer <0.001
Source: FHWA Transit Noise and Vibration Impact Assessment The calculation to determine PPV at a given distance is:
PPVdistance = PPVref*(25/D)^1.5
Where:
PPVdistance = the peak particle velocity in inches/second of the equipment adjusted for distance,
PPVref = the reference vibration level in inches/second at 25 feet, and D = the distance from the equipment to the receiver.
Typically, equipment will operate at much greater setbacks than the distances shown above. As seen on Table 6, even at a 10-foot setback the vibration levels are below levels that could create structural damage (i.e., 0.4-0.5 in/sec). However, if heavy grading equipment such as a bulldozer were to be operated 10-feet from the shared property-line, vibration levels could exceed the level of annoyance.
There, the following measure would ensure that vibration would not be annoying or cause structural damage to adjacent residences:
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• Heavy equipment such as graders and dozers shall maintain a minimal 25 foot setback distance from the southern site perimeter. Any grading within 25-feet shall be done with smaller equipment such as a loader/backhoe or bobcat.
SITE OPERATIONAL NOISE
The Project proposes less pumps than currently installed. There are fewer associated trips. The convenience store structure would act as a noise wall and would acoustically shield the residences to the south, as will the 8-foot block wall. Convenience store customers will park at the pumps or in front of the store. There is a 10-foot rear setback from the convenience store to the closest at the southern perimeter that will be landscaped. The trash dumpster is along the eastern perimeter. On-site observations showed that car activity associated with pumping gas (doors opening and closing) was generally not audible over background noise including traffic from Pacific Coast Highway. Operational noise will be less than significant, and lower than the existing on-site use.
CONCLUSION
Construction noise will be less than significant with the inclusion of the following measures:
− Allowable hours of construction are 7:00 a.m. and 8:00 p.m., Mondays through Friday, and the hours of 8:00 a.m. and 8:00 p.m. on Saturday and between 9:00 a.m. and 8 :00 p.m. on Sundays or city-observed federal holidays.
− Construction vehicles and equipment (fixed or mobile) shall be equipped with properly operating and maintained mufflers.
− Material stockpiles and/or vehicle staging areas shall be located as far as practical from dwelling units.
The following measure is required to ensure acceptable vibration levels at adjacent receptors:
• Heavy equipment such as graders and dozers shall maintain a minimal 25 feet setback distance from the shared residential property line to the south. Any grading shall be done with smaller equipment such as a loader/backhoe or bobcat.
The proposed 8-foot solid wall at the southern end of the site will assist in blocking possible noise intrusion at the nearest sensitive uses.
Project operational noise is anticipated to be less than existing noise levels due to a reduction in the number of pumps and associated trips. Traffic from PCH was observed to dominate the noise environment with minimal noise (car doors opening and closing) audible beyond the gas station boundary. The proposed convenience store structure will act as a noise barrier between the gas pumps and adjacent sensitive uses.
Customers for the convenience store will park at the pumps or in front of the store. The area at the store rear, between the store and the sensitive uses (a 10-foot setback) will be landscaped. 11 Seal Beach Gas N
Initial Study and
Negative Declaration
1300 Pacific Coast Highway Gas Station and Mini Market
City of Seal Beach
Appendix D – Trip Generation Memorandum
December 12, 2021
Karl Huy
Travis Companies, Inc.
4430 E. Miraloma Avenue, Suite F
Anaheim, California 92807
Subject: Trip Generation Memorandum for the Gas Station Project at the Southeast Corner of Pacific Coast Highway and 13th Street in the City of Seal Beach Dear Mr. Huy:
This memorandum has been prepared to evaluate the trip generating characteristics of a proposed Gasoline/Service Station, compared to an existing Gasoline/Service Station at 1300 Pacific Coast Highway in the City of Seal Beach. The proposed project would demolish the existing Gasoline/Service Station and construct a new gas station development with fewer fueling positions and an increased convenience store building area.
PROJECT DESCRIPTION
The project site is located at the southeast corner of Pacific Coast Highway and 13th Street. There is an existing gas station with ten fueling positions and a kiosk on the project site. The proposed project will demolish these elements and will construct a gas station with six fueling positions and a 1,200- square-foot convenience store building. The project, in its regional setting, is shown on Figure 1. The existing site layout is shown on Figure 2. The proposed site plan is shown on Figure 3.
TRIP GENERATION ASSESSMENT
A trip generation calculation has been conducted for the proposed site characteristics, taking into consideration any credit for the previous land use on the parcel. The trips expected to be generated by the project were calculated using trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (2021). Trip rates are based on the following ITE Land Use:
· Gasoline/Service Station (Land Use 944)
The Gasoline/Service Station Land Use is applicable for the existing and proposed situations. Per the description of Land Use 944 (LU 944) established within the ITE Trip Generation Manual, LU 944 includes gasoline/service stations where the primary business is the fueling of motor vehicles with the inclusion of buildings less than 2,000 gross square feet for convenience purchases. In both the existing and proposed conditions, the building areas for this site are under the 2,000-square-foot threshold.
It is recognized that not all inbound and outbound trips to the proposed project will be “new” trips on the roadway system in the vicinity of the proposed project. Some trips to the project site will consist of “pass-by” trips -- motorists who are already traveling on the surrounding roadways from one place kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 - 2 -
- 3 -
- 4 -
Mr. Huy, December 12, 2021, Page 5
to another. Common pass-by trips for the Project would be individuals who stop at the project site on the way to or from work or school.
Pass-by rates were determined per the ITE Trip Generation Handbook, 3rd Edition. A pass-by rate of 58% for the morning peak hour and 42% for the evening peak hour were applied to the Gasoline/Service Station Land Use.
TABLE 1
SUMMARY OF PROJECT TRIP GENERATION
Trip Generation Rates 1
ITE AM Peak Hour PM Peak Hour
Land Use Code Unit Daily In Out Total In Out Total
Fueling
Position Gasoline/Service Station 944 172.01 5.140 5.140 10.28 6.955 6.955 13.91 Trip Generation Estimates
AM Peak Hour PM Peak Hour
Land Use Quantity Unit Daily In Out Total In Out Total
Existing Use
Fueling
Position Gasoline/Service Station 10 1,720 51 51 102 70 70 140 Pass-by Trips (58% AM, 42% PM) 2- -30
21 -30
21 -60
42 -29
41 -29
41 -58
Total Existing Trips 1,720 82
Proposed Use
Gasoline/Service Station Fueling
Position 6 1,032 31 31 62 42 42 84
Pass-by Trips (58% AM, 42% PM) 2- -18
13 -18
13 -36
26 -18
24 -18
24 -36
Total Proposed Project Trips 1,032 48
Net Difference (Proposed Minus Existing) -688 -8 -8 -16 -17 -17 -34 1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition 2 Source: Institute of Transportation Engineers (ITE) Trip Generation Handbook, 3rd Edition The ITE trip generation rates and resulting trip generation for the existing and proposed uses are summarized on Table 1.
• It is estimated that the previous gas station land use generates approximately 1,720 trips per day, with 102 trips (51 inbound and 51 outbound) in the morning peak hour, and 140 trips (70 inbound and 70 outbound) in the evening peak hour. • It is estimated that the new Gasoline/Service Station would generate approximately 1,032 trips per day, with 62 trips in the morning peak hour (31 inbound and 31 outbound) and 84 trips (42 inbound and 42 outbound) in the evening peak hour. kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Mr. Huy, December 12, 2021, Page 6
•
•
When pass-by reductions are taken into account, the proposed trip generation for the new Gasoline/Service would be commensurately less than the unadjusted trip generation rates. With pass-by reductions, it is estimated that the proposed Gasoline/Service Station would generate approximately 1,032 trips per day, with 26 trips in the morning peak hour (13 inbound and 13 outbound) and 48 trips (24 inbound and 24 outbound) in the evening peak hour.
Comparing the previous land use trip generation to the proposed land use trips, the proposed project is estimated to generate 688 fewer trips to the roadway network on a daily basis, with 16 fewer trips in the morning peak hour, and 34 fewer trips in the evening peak hour.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030
Response to Comments – 1300 PCH Filling Station
12/15/2022
The public comment period for the draft Initial Study/Negative Declaration of the proposed fueling station/mini-market at 1300 Pacific Coast Highway in the City of Seal Beach ran from September 15 to October 17, 2022. The City received seven written comments and 9 public comments at a hearing conducted by the City’s Environmental Quality Control Board (EQCB) on October 11, 2022. The EQCB Members also commented on the proposed IS/ND at the hearing.
The responses to issues raised in the public comment process have been organized by subject area below.
CEQA Process
Some speakers inquired as to why the proposed negative declaration was a smaller size than environmental impact reports or didn’t include more technical studies such as a complete traffic impact study.
Under the California Environmental Quality Act (CEQA), the process of reviewing a project begins with an Initial Study that examines where potential significant impacts might occur from a proposed project. In areas where concern might exist over potential impacts such as air quality, noise and traffic, studies are undertaken to determine if project impacts are significant.
As a result of studies on air quality and noise, it was determined there were no significant impacts.
So as a result of the Initial Study, the City prepared a Negative Declaration under CEQA because there were no identified significant impacts. Negative Declarations contain no mitigation measures because there are no significant impacts to mitigate. Projects can still be required to implement mitigation through conditions of approval placed upon the project through the City approval process. The Negative Declaration by design is not intended to be as voluminous as an Environmental Impact Report, which might be prepared if the Initial Study identifies significant impacts.
Also the draft document does note that the project would require a zone change and General Plan amendment to accommodate the use of the residentially zoned parcel on the project site.
Hazardous Materials
Some public comments focused on the potential for hazardous materials to be spread during the remediation process for the existing underground storage tanks on the property. That process is rigorously regulated by Federal, State and Local agencies that each have a role in monitoring and approving the remediation process. The process is led and coordinated by the Environmental Health section of the County Health Care Agency. The South Coast Air Quality Management District also has numerous regulations governing the remediation process and monitors it throughout remediation efforts. The Regional Water Quality Control Board also actively participates in and monitors the remediation process. As part of the remediation process wells are drilled around the underground storage tanks to monitor any ground intrusion of hazardous materials. The process takes many years. At the conclusion, agencies certify that the impacts from the underground storage tanks have been remediated. There is a reference in the environmental document to the State Geotracker site.
Additionally, the air quality study for the project demonstrated that construction activity emissions from the project were well below air quality thresholds for significant impacts.
Projected operational impacts for the proposed furling stations were also significantly below thresholds of significance. The air quality study also analyzes gas vapors from automobile fueling and storage tank fueling activities at the proposed fueling station. In both cases projected emissions are significantly below thresholds for mitigation. Therefore, there are no significant impacts.
Traffic
Several public comments focused on traffic issues related to the project. The comments mentioned added traffic noise and traffic circulation issues with the proposed fueling station.
The traffic consultant on the project, Kimley Horn, prepared a revised Trip Generation Memorandum dated October 20, 2022 based upon comments at the EQCB meeting that the project would add traffic. The new Memorandum calculates trip generation with a different Land Use category that considers convenience stores greater than 2,000 square feet to model a larger proposed use. The proposed convenience store is 1,200 square feet. The new calculations demonstrated there would still be a reduction in vehicles trips from the proposed project due to the reduction from 10 to 6 fueling positions. The projected traffic declines from 1,720 vehicle trips to 1,591 vehicle trips for a reduction of 129 trips. AM and PM peak hour trips also declined with the proposed project. The Institute of Traffic Engineers Manual is the accepted standard for evaluating potential traffic generation from a project based upon land use categories.
A comment was also received asking why a traffic impact study had not been prepared for the project. The Trip Generation Memorandum demonstrated the project did not meet the threshold for requiring a traffic impact study because it indicated a decline in vehicle trips.
Therefore, a traffic study was not required. The proposed project is also a replacement of the existing fueling station use as opposed to a completely new use.
Wrong-way traffic on 13th Street (a one-way street) was also mentioned as a concern of nearby residents. They also pointed out that an existing curb cut driveway n 13th Street could be modified to close off access from the service station to 13th Street. Perhaps the project could be conditioned to provide signage to direct customers to the proper direction on 13th Street.
Noise
Concern over noise was also mentioned in comments on the project. While the project site is an existing gas station, concerns were expressed that the addition of the convenience store would lead to more noise issues. Specifically mentioned was noise from music, talking loud and gasoline tanker truck fueling operations. A noise study dated April 22, 2022 prepared for the project noted that the proposed convenience store structure and the 8-foot block wall at the southern end of the property would act as a noise barrier or sound wall for the sensitive residential uses south of the project. The noise study also noted that the noise environment around the project was dominated by traffic noise from Pacific Coast Highway.
Another comment questioned why noise measurements were not taken at night. According to the noise consultant, noise measurements are usually taken during a weekday to capture maximum noise levels. The report noted the ambient noise level in the project vicinity is dominated by traffic on Pacific Coast Highway. Noise from the project is also expected to decrease slightly because of the reduction in fueling positions proposed.
Light and Glare
Some members of the public expressed concern about issues associated with lighting on the proposed fueling station and convenience store parking lot. The project’s lighting plan upgrades and replaces the current lighting on the existing gas station. The lighting is designed per City requirements to be contained within the project site. Shields on the light poles are designed to direct light onto the fueling station activities and the front of the 1,200 square foot mini-market for security purposes. The lighting plan is required to meet City of Seal Beach standards.
Water Quality
A concern was expressed over a perceived lack of stormwater management practices articulated in the draft environmental document. However the draft Negative Declaration notes that the project will be built in compliance with all regulations governing water quality and protecting groundwater from contamination. Such requirements will be articulated in the conditions of approval prepared for the project by City staff as it moves toward the City hearing process.
Mini-Market
Several members of the public inquired whether the mini-market would offer alcohol sales and what the hours of the store would be. The applicant has requested 24 hour operation of the convenience store. The hours of operation and alcohol sales will be the subject of a conditional use permit that the staff is discussing separate from the environmental review process.
One speaker raised the issue of changing the residential zoning on a portion of the project site.
The applicant has proposed a General Plan Amendment and Zone Change that would change a parcel within the project area from residential to commercial. However, there are no existing residences on the subject property.
Cultural Resources
A comment was made regarding the potential for the project to impact cultural resources through the process of excavating the existing underground tanks. The draft Initial Study/Negative Declaration indicates there are no impacts in this area because any archeological resources would have been disturbed when the area was originally excavated and the tanks were placed underground. Replacing the tanks is not expected to disturb any more ground area than the process of placing the original tanks.
Underground Tank Remediation
A comment was made inquiring why the draft document indicated less than significant impacts from the underground storage tank removal process. The process is regulated by multiple Federal, state and local agencies and is designed to contain any vapors or contaminated soil generated as a result of the removal process. Hundreds of storage tanks have been removed around the state without significant impacts due to this highly regulated process.
Public Services
Other comments mentioned concerns over impacts to public services, particularly police services and student generation on local schools. For CEQA purposes, the question on public services relates to whether new facilities would have to be constructed that would create additional environmental impacts. As part of the City process to consider the project, the Police Department will consider and review the convenience store once it is determined what the hours of operation are and whether the store will sell alcohol. A commercial project such as the one proposed does not generate new students that would impact local school capacities.
July 11, 2023
Karl Huy
Travis Companies, Inc.
4430 E. Miraloma Avenue, Suite F
Anaheim, California 92807
Subject: Trip Generation Memorandum for the Gas Station Project at the Southeast Corner of Pacific Coast Highway and 13th Street in the City of Seal Beach Dear Mr. Huy:
This memorandum has been prepared to evaluate the trip generating characteristics of a proposed Gasoline/Service Station, compared to an existing Gasoline/Service Station at 1300 Pacific Coast Highway in the City of Seal Beach. The proposed project would demolish the existing Gasoline/Service Station and construct a new gas station development with fewer fueling positions and an increased convenience store building area.
PROJECT DESCRIPTION
The project site is located at the southeast corner of Pacific Coast Highway and 13th Street. There is an existing gas station with ten fueling positions and a kiosk on the project site. The proposed project will demolish these elements and will construct a gas station with six fueling positions and a 1,200- square-foot convenience store building. The project, in its regional setting, is shown on Figure 1. The existing site layout is shown on Figure 2. The proposed site plan is shown on Figure 3.
TRIP GENERATION ASSESSMENT
A trip generation calculation has been conducted for the proposed site characteristics, taking into consideration any credit for the previous land use on the parcel. The trips expected to be generated by the project were calculated using trip generation rates published in the Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition (2021).
Trip generation rates published within the ITE Trip Generation Manual are based on data collected in published reports and analyses prepared by state and local government agencies, consulting firms, transportation professionals, universities, and other academic sources. These data collection efforts include real-world assessments of vehicular traffic entering and exiting sites of various land uses and have been aggregated over the course of decades. These data records continue to expand upon release of subsequent editions of the Trip Generation Manual. Due to its extensiveness of empirical data, the ITE Trip Generation Manual is regarded as a reputable source for trip generation assessments within the transportation industry. Trip generation rates provided by the Trip Generation Manual vary by land use classifications. The trip generation calculations within this memorandum are based on the following ITE Land Uses:
·
·
Gasoline/Service Station (Land Use 944)
Convenience Store/Gas Station (Land Use 945)
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 - 2 -
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Mr. Huy, July 11, 2023, Page 5
The Gasoline/Service Station Land Use is applicable for the existing and proposed situations. Per the description of Land Use 944 (LU 944) established within the ITE Trip Generation Manual, LU 944 includes gasoline/service stations where the primary business is the fueling of motor vehicles with the inclusion of buildings less than 2,000 gross square feet for convenience purchases. In both the existing and proposed conditions, the building areas for this site are under the 2,000-square-foot threshold.
The existing site contains a kiosk with minimal building area for convenience purchases, while the proposed project would construct a 1,200-square-foot building to facilitate convenience purchases.
Gas station land uses where the convenience market exceeds 2,000 square feet are classified under the Convenience Store/Gas Station Land Use (LU 945). Although the Convenience Store/Gas Station land use exhibits higher trip generation rates than the Gas/Service Station land use, it should be noted that the primary contributor to new vehicle trips would continue to be fuel pumps, rather than building floor area. Customers commonly treat the convenience store portion of a gas station site as an ancillary use in addition to the fuel pumps.
While the proposed project does not exceed 2,000 square feet in building area, the higher trip generation rates for LU 945 were utilized in this memorandum to provide a conservative estimate of vehicle trips generated by the proposed project.
It is recognized that not all inbound and outbound trips to the proposed project will be “new” trips on the roadway system in the vicinity of the proposed project. Some trips to the project site will consist of “pass-by” trips -- motorists who are already traveling on the surrounding roadways from one place to another. Common pass-by trips for the Project would be individuals who stop at the project site on the way to or from work or school.
Pass-by rates were determined per the ITE Trip Generation Handbook, 3rd Edition. A pass-by rate of 58% for the morning peak hour and 42% for the evening peak hour were applied to the Gasoline/Service Station Land Use. A pass-by rate of 62% for the morning peak hour and 56% for the evening peak hour was applied to the Convenience Store/Gas Station land use. kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Mr. Huy, July 11, 2023, Page 6
TABLE 1
SUMMARY OF PROJECT TRIP GENERATION
Trip Generation Rates 1
ITE
Code
AM Peak Hour PM Peak Hour
Land Use Unit Daily In Out Total In Out Total
Gasoline/Service
Station
Fueling
Position 944
945
172.010 5.140 5.140 10.280 6.955 6.955 13.910
265.120 8.030 8.030 16.060 9.210 9.210 18.420 Convenience Store/Gas Station
Fueling
Position
Trip Generation Estimates
AM Peak Hour PM Peak Hour
Land Use Quantity Unit Daily In Out Total In Out Total
Existing Use
Gasoline/Service
Station
Fueling
Position 10 1,720 51 51 102 70 70 140
Pass-by Trips (58% AM, 42% PM) 2
Total Existing Trips
- -30
21 -30
21 -60
42 -29
41 -29
41 -58
1,720 82
Proposed Use
Convenience
Store/Gas Station
Fueling
Position 6 1,591 48 48 96 55 55 110
Pass-by Trips (62% AM, 56% PM) 2
Total Proposed Project Trips
- -30
18 -30
18 -60
36 -31
24 -31
24 -62
1,591 48
Net Difference (Proposed Minus
Existing) -129 -3 -3 -6 -17 -17 -34
1 Source: Institute of Transportation Engineers (ITE) Trip Generation Manual, 11th Edition 2 Source: Institute of Transportation Engineers (ITE) Trip Generation Handbook, 3rd Edition The ITE trip generation rates and resulting trip generation for the existing and proposed uses are summarized on Table 1.
•
•
•
It is estimated that the previous gas station land use generates approximately 1,720 trips per day, with 102 trips (51 inbound and 51 outbound) in the morning peak hour, and 140 trips (70 inbound and 70 outbound) in the evening peak hour.
It is estimated that the new Gasoline/Service Station would generate approximately 1,591 trips per day, with 96 trips in the morning peak hour (48 inbound and 48 outbound) and 110 trips (55 inbound and 55 outbound) in the evening peak hour.
When pass-by reductions are taken into account, the proposed trip generation for the kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Mr. Huy, July 11, 2023, Page 7
new Convenience Store/Gas Station would be commensurately less than the unadjusted trip generation rates. With pass-by reductions, it is estimated that the proposed Convenience Store/Gas Station would generate approximately 1,591 trips per day, with 36 trips in the morning peak hour (18 inbound and 18 outbound) and 48 trips (24 inbound and 24 outbound) in the evening peak hour.
• Comparing the previous land use trip generation to the proposed land use trips, the proposed project is estimated to generate 129 fewer trips to the roadway network on a daily basis, with 6 fewer trips in the morning peak hour, and 34 fewer trips in the evening peak hour.
· While the trip generation rates for LU 945 are higher than the existing site without a convenience store, it should be noted that the primary contributor for trips being generated from these sites is the number of fueling positions. As the proposed project reduces the total amount of vehicle fueling positions from ten to six, the trip generation is anticipated to experience a reasonable net decrease from the existing condition.
EXISTING SITE CIRCULATION
To document vehicular circulation on the existing site, field observations were conducted at the existing gas station during the morning (7:00 AM to 9:00 AM) and evening (4:00 PM to 6:00 PM) peak hours on a weekday in June 2023. These field observations considered patterns of ingress and egress, specifically for gas station customers, throughout the multiple access points on-site. There are three points of access into the existing site: one driveway on 13th Street, two driveways on Pacific Coast Highway and the alley aligned along the southeast property line. This alley access point also provides access to the adjacent commercial property and to the alley that connects to Landing Avenue to the south.
Based on these observations, it was determined that under the existing site design, more than 70% of vehicles that enter the site during the two-hour AM peak period do so via the 13th Street driveway.
During that same peak period it was found that 20% of vehicles enter the site via the Pacific Coast Highway driveway and the remaining 5% of vehicles enter via the alley access. During the two-hour AM peak period it was also found that 24% of the vehicles exiting the site do so via the 13th Street driveway, nearly 50% of the vehicles exit using the Pacific Coast Highway driveway and the remaining 26% of vehicles exit the site via the alley access and either head to 14th Street, Pacific Coast Highway or into the alley. These same observations also determined that under the existing site design, 70% of vehicles entering the site during the two-hour PM peak period do so via the 13th Street driveway.
During this same peak period 25% of the vehicles entering the site do so via the Pacific Coast Highway driveway while the remaining 5% of vehicles entering the site do so via the alley access. During the two-hour PM peak period it was also found that 11% of the vehicles exiting the site do so via the 13th Street driveway, 50% of the vehicles exit using the Pacific Coast Highway driveway and the remaining 39% of vehicles exit the site via the alley access and either head to 14th Street, Pacific Coast Highway or into the alley.
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Mr. Huy, July 11, 2023, Page 8
The site layout of the existing gas station currently orients fueling positions in an east-west direction, facilitating vehicles originating from Pacific Coast Highway to enter from 13th Street or to circulate and exit through the north-south oriented alley to the east of the parcel. Vehicles entering from the driveways along Pacific Coast Highway would be placed in a nonideal alignment with the fuel pumps.
Based on the observed vehicles, a sizable portion of drivers exiting the site in the existing condition do so from the 13th Street Driveway or the alley and drive south towards Landing Avenue. This route could potentially consist of drivers who choose not to turn left from the unsignalized project driveway onto Pacific Coast Highway. Given the geometric constraints of the existing site, however, these existing vehicles generally gravitate towards the alley to the east rather than onto 13th Street. This existing circulation pattern is shown on Figure 4.
PROPOSED SITE CIRCULATION
The proposed site layout would include a reorientation of fueling positions from the existing configuration that was previously presented in Figure 4. The proposed site would orient fueling positions in the north-south direction to facilitate more convenient access off Pacific Coast Highway and would discourage ingress off 13th Street. With the new site layout, vehicles would enter through either driveway on Pacific Coast Highway, circulate to a fuel pump, and exit the site onto Pacific Coast Highway through one of the project driveways. As an alternative, vehicles would have the option of exiting via 13th Street, rather than through the alley. Due to the reduction of fueling positions in the proposed condition, drivers would have a larger area to maneuver to various access points on-site.
This new circulation pattern is shown on Figure 5.
POTENTIAL SITE FEATURES
While existing circulation patterns indicate that a portion of vehicular traffic associated with the gas station exit the site via the southern access point, the installation of signage could potentially deter vehicles from utilizing the adjacent alley towards Landing Avenue. Signage would be consistent with warning signs presented in the California Manual on Uniform Traffic Control Devices (CA MUTCD). A W5-1 sign, with a “Road Narrows” message, could be installed for vehicles leaving the site towards the southern alleyway. It should be noted, however, that in the absence of enforcement, these features are not regulatory in nature. As this portion of the site is located within private property, adherence to such signs is not assured. Other options, while not consistent with guidance from the CA MUTCD, could include the installation of rubber speed bumps prior to the entrance of the alleyway.
Nevertheless, such installation would be at the discretion of City staff. kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 - 9 -
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Mr. Huy, July 11, 2023, Page 11
APPENDIX
kimley-horn.com 1100 W Town and Country Road, Suite 700, Orange, CA 92868 714 939 1030 Trip Generation / Driveway Count
LOCATION: Chevron, 1300 E PCH
CITY: Seal Beach
DAY: Tuesday
DATE: 6/13/2023
13th St Driveway E PCH Driveway Rear Alley TOTAL
ENTER EXIT ENTER EXIT ENTER EXIT ENTER EXIT
7:00 4
3 3
0 1
1 0
2 1
2 1
0 8
1 2
0 0
0 0
1 0
1 0
2 1
1 5
4 5
7:15 3
7:30
7:45
8:00
8:15
8:30
8:45
TOTAL
2 1 2 0 2 3
2 0 1 1 4 2
4 2 1 5 6 8
7 0 5 2 9 7
5 4
31 4
0 10
4 4
20 0
1 11
7 4
41 8
5 41
13th St Driveway E PCH Driveway Rear Alley TOTAL
ENTER EXIT ENTER EXIT ENTER EXIT ENTER EXIT
16:00
16:15
16:30
16:45
17:00
17:15
17:30
17:45
TOTAL
6 7
1 1
0 2
0 0
0 1
5 0
1 4
3 1
0 0
0 0
0 0
1 2
2 1
7 8
7 5
4 0 3 2 4 5
2 4 1 5 6 8
1 2 1 2 3 3
4 2 2 0 6 2
5 2
31 1
1 11
5 3
22 3
2 17
6 4
44 8
6 44
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951-268-6268
Trip Generation / Driveway Count
LOCATION: Chevron, 1300 E PCH
CITY: Seal Beach
DAY: Tuesday
DATE: 6/13/2023
To West Driveway / 13th St To Alley / Landing Ave To East Driveway / 14th St Alley TOTAL
ENTER EXIT ENTER EXIT ENTER EXIT ENTER EXIT
7:00 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 1
0 1
0 2
1 1
0 1
3 0
0 0
6 0
0 0
0 0
0 0
0 0
0 0
0 0
2 2
0 1
5 0
0 0
0 1
0 1
0 2
1 7:15 1
7:30
7:45
8:00
8:15
8:30
8:45
TOTAL
0 1
5 2
0 1
11 To West Driveway / 13th St To Alley / Landing Ave To East Driveway / 14th St Alley TOTAL
ENTER EXIT ENTER EXIT ENTER EXIT ENTER EXIT
16:00
16:15
16:30
16:45
17:00
17:15
17:30
17:45
TOTAL
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
0 0
1 0
0 0
0 0
0 1
2 1
1 0
0 0
0 0
0 0
0 0
1 0
0 1
1 0
1 1
5 1
0 0
0 0
0 0
1 2
2 1
2 2
4 5
1 2
0 0
2 1
12 3
2 17
Counts Unlimited, Inc.
PO Box 1178
Corona, CA 92878
951-268-6268
RESOLUTION NO. 23- 08
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF SEAL BEACH CONDITIONALLY APPROVING
NEGATIVE DECLARATION AND APPROVING
CONDITIONAL USE PERMIT 19- 7 AND VARIANCE 22- 1 TO
ALLOW THE RECONSTRUCTION OF AN AUTOMOBILE
SERVICE STATION WITH A CONVENIENCE STORE AT THE
COMBINED PROPERTIES OF 1300 E. PACIFIC COAST
HIGHWAY AND 328 13TH STREET IN THE GENERAL
COMMERCIAL ( GC) ZONE WITH VARIANCE FROM THE
STANDARDS OF SECTION 11. 4.05.035.13( STANDARDS FOR
SPECIFIC USES —AUTOMOBILE SERVICE STATIONS); AND
RECOMMENDING THAT THE CITY COUNCIL ADOPT A
NEGATIVE DECLARATION, AND APPROVE GENERAL
PLAN AMENDMENT 19- 1 TO CHANGE THE LAND USE
CATEGORY OF 328 13TH STREET FROM RESIDENTIAL
HIGH- DENSITY TO GENERAL COMMERCIAL AND ZONE
CHANGE 19- 1 TO CHANGE THE ZONE OF 32813TH STREET
FROM RESIDENTIAL HIGH DENSITY ( RHD -20) TO GC AND
TO CHANGE THE ZONE OF 324 13TH STREET FROM RHD -
20 TO RHD -33.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE AS FOLLOWS:
Section 1. The project applicant, Travis Companies, Inc. on behalf of the property owner, G& M Oil Company, Inc., submitted an application to the City of Seal Beach Department of Community Development for approval of Conditional Use Permit ( CUP 19-7) for the reconstruction of an Automobile Service Station with a Convenience Store, Variance ( VAR 22- 1) for the variance from standards of Section 11. 4.05.035. 13( Standards for Specific Uses Automobile Service Station), General Plan Amendment ( GPA 19- 1) to change the land use category of 328 13th Street from residential high- density to general commercial, and Zone Change (ZC 19- 1) to change the zone of 328 13th Street from residential high density RHD -20) to General Commercial ( GC) and to change the zone of 32413th Street from RHD - 20 to RHD -33, in conjunction with the adoption of an Initial Study/ Negative Declaration for the development of properties located at 1300 E. Pacific Coast Highway and 32813th Street.
Section 2. Proposed CUP 19- 7, VAR 22- 1, GPA 19- 1 and ZC 19- 1 are considered a project pursuant to the terms of the California Environmental Quality Act, Public Resources Code Sections 21000 et seq. and the State's CEQA Guidelines, California Code of Regulations, Title 14, Section 15000 et seq. ( collectively " CEQA"). Based on the findings of an Initial Study, a Negative Declaration was prepared pursuant to Section 21080( c) of the Public Resources Code.
Section 3. The Negative Declaration, including the Initial Study, was circulated for public review from September 15, 2022 through October 17, 2022. 1 of 10-
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9300 Pacific Coast Highway
Section 4. The draft Negative Declaration with the proposed project was presented to the Environmental Quality Control Board (" EQCB") at a duly noticed public hearing held on October 11, 2022, during the public review period. The EQCB and the public provided comments with concerns regarding the CEQA process, hazardous materials, traffic, noise, light and glare, water quality, the mini -market, cultural resources, underground tank remediation, and public services. A response to comments document was prepared addressing the concerns of each issue and reaffirming the Negative Declaration.
Section 5. Based on the findings of the Initial Study, a Negative Declaration was prepared. The City has determined that this project would not result in significant environmental impacts. Accordingly, the City intends to adopt a Negative Declaration pursuant to Section 21080( c) of the Public Resources Code.
Section 6. A duly noticed public hearing was held before the Planning Commission on May 15, 2022 to consider the proposed Negative Declaration ( including Initial Study and related Appendices) and the applications for CUP 19-7, VAR 22- 1, GPA 19- 1 and ZC 19- 1, at which time all interested parties were given the opportunity to be heard and to present evidence. At the public hearing, the Planning Commission received and considered all evidence presented, both written and oral, regarding the subject application. The record of the public hearing indicates the following:
A. The primary subject site consists of two properties located on the southeast corner of Pacific Coast Highway and 13th Street, and are addressed as 1300 E.
Pacific Coast Highway and 328 13th Street. The northern property is developed with an existing gasoline service station with five gas pumps ( 10 stations) and a kiosk on a 10, 027 square foot lot. The southern property is developed as a parking lot with seven spaces on a 3, 750 square foot lot. The two properties will be conditioned to be combined into one property.
B. Section 11. 2. 10. 010 ( Commercial and Mixed -Use Districts — Land Use Regulations) of the Seal Beach Municipal Code allows the reconstruction of automobile service stations with approval of a Conditional Use Permit in the GC Zone.
C. A General Plan amendment is required to change the land use category from residential high- density to general commercial for the property at 328 13th Street, in order for that property to be included as part of the primary subject site.
D. A Zone Change from RHD -20 to GC is required for the property at 328 13th Street to be included as part of the primary subject site for the proposed gas station/ convenience store use.
E. SB 330, also known as the Housing Crisis Act of 2019, prohibits legislative actions that modify zones or zone standards that would effectively reduce the capacity to develop residential units that were previously allowed. Proposed GPA 19- 1, to change the land use designation category of 328 13th Street from residential high- density to general commercial, and proposed ZC 19- 1 to change the zoning of the property at 328 328 13th Street from RHD -20 to GC, would result in the elimination of one potential dwelling unit. In order for the City to avoid overall reduction of residential capacity as a result of the 2of10
Resolution 23- 08
1300 Pacific Coast Highway
proposed General Plan Amendment and rezoning, the applicant has proposed that the next abutting property to the south, located at 324 13th Street, which is also owned by the applicant, be upzoned from RHD -20 to RHD -33. This rezoning would effectively allow one more residential unit to be built by -right at 324 13th Street to replace the lost ability to build one residential unit at 328 13th Street as a result of the rezoning of 328 13th Street to GC, as required by SB 330.
F. A Variance is required for the proposed project to meet the following standards of Section 11. 4.05.035. 13 ( Standards for Specific Uses — Automobile Service Station Development and Operational Standards) of the Seal Beach Municipal Code:
1. Reduction of the minimum required site area from 22, 500 SF to 13, 777 SF.
2. Reduction of the minimum required street frontage from 150 feet to 100 feet.
3. Reduction of the minimum required rear setback from a residential property from 30 feet to 10 feet.
4. Reduction of the minimum distance between curb cuts from 30 feet to 14 feet.
5. Expansion of the maximum driveway width from 25 feet to 45 feet.
6. Reduction of the pump island setback from a nonresidential property line from 20 feet to 19 feet.
G. An Initial Study/ Negative Declaration was prepared to evaluate potential impacts of the project. The analysis found that the proposed project would not have a significant effect on the environment.
Section 7. Environmental Determination and Recommendations. The Planning Commission hereby finds, with respect to CUP 19- 7, VAR 22- 1, GPA 19- 1 and ZC 19- 1.
A. The Negative Declaration has been completed in compliance with the California Environmental Quality Act ("CEQA") ( Cal. Pub. Res. Code Section 21000 et seq.), and the State CEQA Guidelines ( the " Guidelines"). The Planning Commission has independently reviewed and considered the Negative Declaration, all of the public comments in response to the proposed Negative Declaration, and all of the other evidence that was presented to the Planning Commission, including the staff reports prepared for the Planning Commission, prior to taking action on the proposed project. The Planning Commission finds that the Negative Declaration was prepared in the manner required by law and that there is no substantial evidence in the record of proceedings that the approval of the project would result in a significant adverse effect upon the environment that would require the preparation of an environmental impact report (" EIR"). The Negative Declaration adequately discusses the environmental effects of the proposed project. On the basis of the Negative Declaration and comments received during the public hearing process, the Planning Commission finds that the proposed project will not have significant impacts on the environment. In addition, the Planning Commission finds that the project involves no potential for any adverse effect, either individually or cumulatively, on biological resources as defined in Section 711. 2 of the California Fish and Game Code. 3of10
Resolution 23- 08
1300 Pacific Coast Highway
B. For the foregoing reasons, and based on the information and findings included in the record before the Planning Commission, including the staff report, Negative Declaration, and all public comments, all of which are hereby incorporated by reference, the Planning Commission hereby certifies that the Negative Declaration has been prepared in compliance with CEQA. With respect to CUP 19- 7 and VAR 22- 1, the Planning Commission hereby approves the Negative Declaration. With respect to GPA 19- 1 and ZC 19- 1, the Planning Commission recommends that the City Council approve the Negative Declaration.
Section 8. Conditional Use Permit Findings. Based upon the facts contained in the record, including those stated in the preceding Sections of this Resolution and pursuant to Section 11. 5. 20. 020. A of the Code of the City of Seal Beach, the Planning Commission makes the following findings with respect to Conditional Use Permit 19- 7:
A. Subject to the approval of the General Plan Amendment and rezoning, the proposed use is consistent with the General Plan because the project site is located within the General Commercial land use category, which the Land Use Element states is intended as primarily a highway -oriented commercial use for automobile service stations, automobile sales, automobile repair, motel and hotels, restaurants, and other related uses.
B. The proposed gas station with a convenience store is allowed within the GC zone subject to approval of a Conditional Use Permit, and with approval of Variance 22- 1 it complies with all other applicable provisions of the Municipal Code.
C. The site is physically adequate for the type, density, and intensity of use being proposed, including provision of services, and the absence of physical constraints.
The existing gas station has been successfully operating on- site since 1955. The proposed reconstruction of the gas station would involve increasing the project site from 10, 027 square feet to 13, 777 square feet and reducing the number gas pumps from five to three, reducing the intensity of the use.
D. The location, size, design, and operating characteristics of the proposed use, as conditioned below, will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located on the Pacific Coast Highway, on a corridor designated for automobile related uses. The use of the property will remain the same, so the character of the surrounding neighborhood will not change. A residential neighborhood is located to the south. Potential impacts such as noise and lighting have been studied and those impacts are within the acceptable range for residential neighborhoods.
E. The establishment, maintenance, and operation of the proposed reconstruction of an automobile service station will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. An initial study was conducted to exam potential impacts to the surrounding area. The technical studies have led to the conclusion that potential impacts would be less than significant.
Section 9. Variance Findings. Based upon the facts contained in the record, including those stated in the preceding Sections of this Resolution and pursuant to Section 4of10
Resolution 23- 08
9300 Pacific Coast Highway
11. 5. 20. 020. B of the Code of the City of Seal Beach, the Planning Commission makes the following findings with respect to Variance 22- 1:
A. Subject to the approval of the General Plan Amendment and rezoning, the Variance conforms in all significant respects with the General Plan and with any ordinances adopted by the City Council. The General Plan designates the Pacific Coast Highway as a commercial corridor for automobile related uses, including gasoline service stations.
B. Because of special circumstances applicable to the property, including size, shape, topography, location or surroundings, the strict application of the Zoning Code deprives such property of privileges enjoyed by other property in the vicinity and under identical zoning district classification. The gas station was established on this property in 1955 and has been operating there for 68 years. Senate Bill 445 is requiring that the underground single wall storage tanks be dug up and replaced by the year 2025. As considerable amount of demolition is already being required onsite by the State, the owner is using this an opportunity to modernize the project site during this process.
C. The variance does not constitute a grant of special privileges inconsistent with limitation upon other properties in the vicinity and zone district in which such property is situated. The Project Site is located in the Old Town District where properties are characteristically smaller and many of the uses, both commercial and residential, are nonconforming with requirements of the current Zoning Code. The reconstruction of the gas station will be a continuation of the use that has existed on site since 1955.
D. Authorization of the variance substantially meets the intent and purpose of the zoning district in which the property is located and will not be detrimental to the health, safety, and welfare of persons living or working in the neighborhood or to the general welfare of the city. The intent and purpose of the GC zoning district along the Pacific Coast Highway is to provide automobile related commercial services. The gas station with convenience store is in character with the development along this corridor.
Section 10. General Plan Amendment 19- 1 Recommendation. Based upon the facts contained in the record, including those stated in the preceding Sections of this Resolution, the Planning Commission hereby recommends that the City Council find and determine that GPA 19- 1 should be adopted for the following reasons:
A. The proposed General Plan Amendment of 328 13th Street from high density -residential to general commercial is consistent with the goals and policies of the general plan. The property will be combined with 1300 E. Pacific Coast Highway, which will exist as a property with the General Commercial Land Category that will be consistent with other properties located along the Pacific Coast Highway.
Section 11. Zone Change 19- 1 Recommendations. Based upon the facts contained in the record, including those stated in the preceding Sections of this Resolution, the Planning Commission hereby recommends that the City Council adopt an ordinance approving Zone Change 19- 1 for the following reasons:
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A. The proposed zone change of 328 13th Street from RHD -20 to GC is consistent with the goals and policies of the general plan. The property will be combined with 1300 E. Pacific Coast Highway, which will exist as a GC zoned property, which will be consistent with other properties located along the Pacific Coast Highway.
B. The proposed zone change of 13th Street from RHD -20 to RHD -33 is consistent with the goals and policies of the General Plan. The underlying land use category of the General Plan for this property is residential high-density, which is not being proposed to change. The RHD -33 will be a less intense zone than the GC zone to its north and will be a more intense zone than the RHD -20 zone to its south, therefore, its zoning serves as a consistent transition between the surrounding zones.
C. Rezoning of 13th Street from RHD -20 to RHD -33 is consistent with SB 330, as enacted by the Housing Crisis Act of 2019, which prohibits legislative actions that modify zones or zone standards that would effectively reduce the capacity to develop residential units that were previously allowed. By rezoning 328 13th Street from RHD -20 to GC, no overall reduction of residential capacity will occur because this rezoning would effectively allow one more residential unit to be built by -right at 324 13th Street to replace the lost ability to build one residential unit at 328 13th Street as a result of the rezoning of 328 13th Street to GC.
Section 12. Based upon the foregoing, the Planning Commission hereby conditionally approves Conditional Use Permit 19- 7 and Variance 22- 1 to allow the reconstruction of an automobile service station and convenience store located at 1300 E.
Pacific Coast Highway and 328 13th Street, subject to the following conditions:
1. This Resolution, and the approvals set forth herein, shall not become effective unless and until the City Council approves the Negative Declaration and approves General Plan Amendment 19- 1 and Zone Change 19- 1, and until the properties at 1300 E.
Pacific Coast Highway and 328 13th Street have been combined into one property through a parcel merger.
2. Subject to compliance with all conditions of this Resolution, Conditional Use Permit 19- 7 and Variance 22- 1 are approved for the reconstruction of a gas station with a convenience store at 1300 E. Pacific Coast Highway and 328 13th Street.
3. This Conditional Use Permit shall not become effective for any purpose unless an Acceptance of Conditions" form has been signed by the applicant, notarized and returned to the Planning Department.
4. A modification of this Conditional Use Permit shall be obtained when:
a) The establishment proposes to modify any of its current conditions of approval. b) There is a substantial change in the mode or character of operations of the establishment.
5. In addition to all other conditions of this Conditional Use Permit, the Planning Commission reserves the right to revoke or modify this Conditional Use Permit pursuant to the Code of the City of Seal Beach.
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6. This Conditional Use Permit shall become null and void unless exercised within one 1) year of the date of final approval of all applications involved including the zone change, plan amendment, property combination, and any required Coastal Commission approvals, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Community Development a minimum of ninety ( 90) days prior to such expiration date.
7. Conditional Use Permit 19- 7 shall be automatically terminated if the operation of a gas station is no longer in operation for a period of 12 continuous months or if a conditional use permit is no longer needed to continue the use.
8. The minimum required site area for an automobile service station on this site is reduced from 22, 500 SF to 13, 777 SF.
9. The minimum required street frontage is reduced from 150 feet to 100 feet.
10. The minimum required rear setback to a residential district is reduced from 30 feet to 10 feet.
11. The minimum distance between curb cuts is reduced from 30 feet to 14 feet.
12. The maximum driveway width is expanded from 25 feet to 45 feet.
13. The pump island setback from a nonresidential property line is reduced from 20 feet to 19 feet.
14. The proposed facility shall comply with Chapter 7. 15, " Noise," of the Code of the City of Seal Beach or as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noises generated by the facility, the Planning Commission reserves the right to schedule the subject permit for modification and/ or revocation, and may require the applicant/ operator to mitigate the noise level to comply with the provisions of Chapter 7. 15.
15. The applicant is required to obtain all required Building and safety permits prior to tenant improvements, construction or demolition.
16. The applicant shall retain a Native American Monitor from or approved by the Gabrieleno Band of Mission Indians — Kizh Nation. The monitor shall be retained prior to the commencement of any "ground -disturbing activity", which shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching.
17. The hours of operation of the convenience store shall be limited to the hours between 6: 00 a. m. to 12: 00 a. m. This may only be modified through the submission of a CUP application for extended business hours.
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18. No right turn signage must be posted on the 13th Street driveway exit to the satisfaction of the City of Seal Beach.
19. The 13th Street driveway shall be closed at all times, except for the use by fuel delivery trucks, unless written evidence is provided by the applicant demonstrating to the satisfaction of the planning director that the 13th Street driveway must be open as required by another public agency.
20. Failure to comply with any of these conditions or a substantial change in the mode or character of the gas station and convenience store shall be grounds for revoking or modifying this CUP approval.
21. Approval of this request shall not waive compliance with all sections of the Municipal Code, or all other applicable City Ordinances in effect at the time of building permit issuance.
22. The applicant must indemnify, defend, and hold harmless City, its officers, agents, and employees ( collectively " the City" hereinafter in this paragraph) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend, and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City' s choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. Building permits must be obtained for all tenant improvements conducted within the building.
Section 13. Based upon the foregoing, the Planning Commission recommends that the City Council take the following actions:
A. Hold a public hearing to consider General Plan Amendment 19- 1 and Zone Change 19- 1.
B. Review, consider, and adopt the Negative Declaration, certify its completion and determine that the project will not have an adverse impact upon the environment.
C. Find the recommended zoning changes and General Plan land use category amendment are consistent with the goals and policies of the General Plan with adoption of Zone Change 19- 1 and General Plan Amendment 19- 1.
D. Adopt a resolution approving General Plan Amendment 19- 1. 8of10
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E. Adopt first reading of an ordinance approving Zone Change 19- 1.
Section 14. The Planning Commission broke the entitlements into two separate votes; first vote for the Zoning Code and General Plan Amendment, second vote for the Conditional Use Permit and Variance, both passed with dissimilar votes from the Commissioners. The Planning Commission added the inclusion of Condition 19 for the 13th Street driveway to be closed at all times, except for use by fuel delivery trucks.
Section 15. The documents, staff reports, technical studies, appendices, plans, specifications, and other materials that constitute the record of proceedings upon which this resolution is based are on file for public examination during normal business hours at the Community Development Department, City of Seal Beach City Hall, 211 8th Street, Seal Beach, CA 90740.
PASSED, APPROVED, AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on September 5, 2023, by the following vote:
Zoning Code and General Plan Amendment
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
MINGIONE. MASSETTL WHEELER
CAMPBELL, COLES
Conditional Use Permit and Variance
AYES: Commissioners CAMPBELL, COLES, MINGIONE, MASSETTI, WHEELER NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
ATTEST:
Patty Ca& pell
Chairperson
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Alexa Smittle
Planning Commission Secretary
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1 Gloria Harper
From: Bradley Hontz <[email protected]>
Sent: Sunday, October 22, 2023 5:20 PM
To: Joe Kalmick
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
Sent from my iPhone, plz excuse typos and brevity.
1 Gloria Harper
From: Guy Laferrara <[email protected]>
Sent: Monday, October 16, 2023 2:39 PM
To: Joe Kalmick
Cc: Gloria Harper; Robin LaFerrara ([email protected]) Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
My name is Guy Laferrara, my wife Robin. We live on 13th street three properties down and across the street from the gas station. Our family has owned Real Estate in Seal Beach for over 35 years and we built our dream home here twenty five (26) years ago and raised our kids in this neighborhood. We will be directly affected by the decision to allow the changes to the existing gas station.
We live here because we like the small town atmosphere and knew it was a great place to raise a family. We now feel all these positive items could be negatively affected.
Living on the street we know that putting in a mini-mart would:
1. Increase traffic on 13th (which is a one-way street toward the beach) it is also one of the narrowest streets where we have seen multiple car mirrors swiped away as well as vehicle side swiped. Additionally the alleys north and south of 13th are very tight and frequently have children playing behind their houses which with increased traffic, could cause issues. Every other past gas station/mini-mart/convenience store or liquor store in the city is located adjacent to a two-way street.
2. Also, it will most likely to increase the amount of vehicles driving the wrong way down 13th when leaving the gas station and proposed mini-mart. We see this currently happen on a daily basis and it is a hazard and could eventually cause accidents. This would perpetuate and increase an existing problem.
3. Gas deliveries and product deliveries will add to the problem by impeding access to the gas station and causing potential back-ups on PCH and 13th Street, which could cause accidents.
4. Parking is already tight on our street caused by the overflow of parking from the nearby commercial properties, apartments and residences. The mini-mart would also cause more street parking.
5. With an increase of traffic, there will be an increase of noise, which we get already from people purchasing gas. This noise occurs 24 hours a day. Loud cars screeching in and out of the station, noise from the computer buttons on the fuel machines, loud music playing while people are filling up, alarms going off caused by loud engine revving and gas delivers at all hours. Plus, we already get residual noise from the 7-11 on 12 street.
6. Light pollution will increase by adding new lights to accommodate the new parking area. Also bringing a glow closer to the residences.
7. Property values could be affected (downward) and resales will be tougher having mini-mart within one (1) to twenty (20) houses away.
8. More trash will be generated, increasing trash on the streets.
9. It will generate more loitering and increase the amount of homeless people around the area because of a public bathroom being provided.
There are many mini-marts/liquor stores, grocery stores, etc. currently in the city and on Pacific Coast Highway. The following is a partial list:
1) 7-11 at 12th and PCH.
2) Liquor store at Seal Beach Boulevard and PCH.
2 3) a liquor store in the strip center on PCH and 5th
4) CVS at Main and PCH
5) Pavilions at Main and 12th and PCH
6) Liquor store 5th and Electric
7) Liquor store on Main just off Ocean
Even though the request for limited hours of operation and no alcohol sales today if the project is approved, it will be an easier step/fight in the future to increase those hours and an easier push to obtain a liquor license.
Especially since alcoholic products increase sales. Selling alcohol could generate and promote loitering, vagrancy and crime.
Do we really need another mini-mart in Seal Beach? I don’t think so. Especially since 7/11 is 40 steps away from the gas station. The adjacent property is zoned residential and should remain as its intended use.
We hope you understand our concerns and side with your local constituents in voting this down.
Guy
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
1 Gloria Harper
Subject: FW: Opposition to Chevron expansion
From: Jeanette Stockon <[email protected]>
Sent: Sunday, September 17, 2023 4:40 PM
To: Jill Ingram <[email protected]>
Subject: Opposition to Chevron expansion
Jill,
We oppose the proposed expansion of the gas station and construction of the convenience store at 1300 E. Pacific Coast Highway (APN 043-133-20). The fact that the Project requires Zone Changes, a General Plan Amendment, a Conditional Use Permit, and six different variances indicates that the Project is not a good fit in this location. Although the gas station is on PCH it is located adjacent to homes that include families, children and older people like us. The noise, lighting and traffic have not been adequately studied. The traffic on the surrounding one-way streets and narrow residential alley would increase dangerously.
The underground tanks at the gas station have been leaking toxic substances into the soil and they are reported to be migrating. The underground tanks need to be removed and the surrounding soil needs to be tested and excavated, but the gas station does not need to be expanded nor does there need to be a convenience store for that to happen.
It's incongruent to have a housing shortage in Seal Beach and yet still reduce the residential properties by approving a zoning change from residential to commercial. There are already 2 convenience stores and a grocery store on PCH between 12th Street and 18th (Seal Beach Blvd) – six blocks. We do not need another store.
The neighborhood concerns have not been adequately addressed. Public comments have been ignored.
Please stop this project.
Sincerely,
Chuck and Jeanette Stockon
323 14th Street
Seal Beach, CA 90740
1 Gloria Harper
From: Pamela Simonetti <[email protected]>
Sent: Monday, October 16, 2023 6:22 PM
To: Joe Kalmick
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
Pam & Dan Simonetti
1 Gloria Harper
From: Adam Nicholas <[email protected]>
Sent: Monday, October 16, 2023 5:32 PM
To: Thomas Moore
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Mayor Moore,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
Sent from my iPhone
1 Gloria Harper
From: Andrew Chiu <[email protected]>
Sent: Thursday, October 19, 2023 9:30 AM
To: Joe Kalmick
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
Andrew and Leslie Chiu
132 6th Street
Sent from my iPhone
1 Gloria Harper
From: Bea Kuebler <[email protected]>
Sent: Thursday, October 19, 2023 11:40 AM
To: Joe Kalmick
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
1 Gloria Harper
From: Betty Reilly <[email protected]>
Sent: Saturday, October 21, 2023 12:42 PM
To: Joe Kalmick
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
Sent from my iPhone
1 Gloria Harper
From: Beverly Terry <[email protected]>
Sent: Thursday, October 19, 2023 5:38 PM
To: Joe Kalmick
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Kalmick,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).
The people in our community are what make this city great, so I am disappointed to see that the council would consider rezoning land to make space for another convenience store when it could be used for another family to become a part of this community.
While I understand that 324 13th Street will be upzoned to compensate for the loss of housing at 328 13th Street, the city will still end up with a net loss of one available parcel to build housing on. So, for a family looking to purchase a home, this still translates to one less opportunity for them.
We want neighbors, not a convenience store.
Thank you for your time
1 Gloria Harper
From: Bill Ahern <[email protected]>
Sent: Friday, October 20, 2023 1:57 PM
To: Lisa Landau
Cc: Gloria Harper
Subject: 13th Street and PCH Gas Station Zone Change 19-1 Councilmember Landau,
I am writing to express my opposition to Zone Change 19-1, which proposes the rezoning of 328 13th Street from Residential High Density (RHD-20) to General Commercial (GC).