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SR 11-27-2018 3J City Council Report City Council Meeting: November 27, 2018 Agenda Item: 3.J 1 of 5 To: Mayor and City Council From: Susan Cline, Director, Public Works, Civil Engineering Subject: Resolution Adopting the California Environmental Quality Act (CEQA) Addendum to the Sustainable Water Infrastructure Project (SWIP) Initial Study/Mitigated Negative Declaration Recommended Action Staff recommends that the City Council adopt the attached resolution for the First Addendum to the Sustainable Water Infrastructure Project (SWIP) Initial Study/Mitigated Negative Declaration, which amends the location of an underground stormwater tank from Memorial Park as initially proposed to the Civic Center project area of the SWIP. Summary The City is pursuing the Sustainable Water Infrastructure Project (SWIP) to better capture and reuse wastewater and urban runoff as part of its efforts to achieve water self-sufficiency. The City is pursuing the SWIP in partnership with the State Water Board. Staff proposes changing the location of the underground tank from Memorial Park to the existing Civic Center surface parking lot to consolidate the project at the Civic Center, reduce multi-site construction complexities, simplify phasing and scheduling for the Memorial Park expansion project, and realize a considerable amount of cost savings. A First Addendum to the adopted Initial Study/Mitigated Negative Declaration is required by the State Water Board to change the location of the underground tank from Memorial Park to the existing Civic Center surface parking lot. The proposed location of Project construction would remain within the existing Civic site footprint and would not impact the Civic Center Multipurpose Sports Field (Attachment A). Discussion The SWIP will help the City better use wastewater and urban runoff by (1) upgrading the Santa Monica Urban Runoff Recycling Facility (SMURRF) to treat salty groundwater 2 of 5 water, (2) building an underground advanced water treatment facility in the Civic Center parking lot to treat both municipal wastewater and urban runoff, and (3) build ing underground tanks to capture up to 4.5 million gallons of urban runoff. The SWIP will enable the City to generate up to 1,680 acre-feet per year of treated water (about 14% of the City’s annual water use) which will then be used for non -potable uses such as irrigation and toilet flushing, or for ground water recharge. Table 1 – Project Description and Purpose What is being built? Why? Element 1 Upgrade existing SMURRF to treat salty groundwater by installing a reverse osmosis (RO) treatment system. The Clean Beaches Project built a 1.6-million-gallon tank to capture stormwater runoff for treatment at SMURRF. When no stormwater is available during the dry season, the tank harvests salty groundwater for treatment at SMURRF. Element 1 would enable SMURRF to treat that salty groundwater and operate at full capacity to produce up to 500,000 gallons of non-potable water daily (about 4.7% of City use). Element 2 Construct a new underground recycled water treatment facility beneath the Civic Center parking lot. Enable the City to treat stormwater and municipal sewage to produce up to 1,000,000 gallons of non- potable water daily (about 9.5% of City use). This water can be used for irrigation, toilet-flushing or recharge of groundwater. Element 3 Construct a new underground 4.5 million- gallon stormwater harvesting tank at the Civic Center Parking Lot beneath the existing carport. Enable the City to harvest up to 4.5 million gallons of stormwater from each rain event. In addition to becoming a new water source, preventing this stormwater from discharging to the Santa Monica Bay will significantly improve the beach water quality and help the City achieve compliance with its stormwater discharge permit. Additional benefits of the SWIP include the reduction of energy use and greenhouse gas (GHG) emissions associated with the production and transport of imported water, as well as contribute to existing programs and plans aimed toward achieving water supply sustainability. 3 of 5 The City proposes to modify Element 3 (underground stormwater tanks) as shown in table 2. Specifically, Tank 1 was originally proposed to be located at Memorial Park underneath the existing sports fields. The City now proposes to revise the location of Tank 1 to the existing Civic Center surface parking lot adjacent to the proposed recycled water treatment facility (Element 2). For construction efficiency, Tanks 1 and 2 may be designed and constructed as a single combined structure resulting in a 4.5 -million- gallon (MG) capacity tank. The overall tank capacity remains unchanged from the original plan. Table 2 – SWIP Elements Analyzed in SWIP MND Previously Adopted Components Components in Proposed Addendum Element 1  Reverse osmosis (RO) and pretreatment unit at the SMURRF  Solar panel arrays at SMURRF, Pico Kenter SMURRF pumping station, and City Parking Lot #1  Groundwater extraction well at existing Beach Maintenance Yard  No Change to Previously Adopted Components Element 2  Underground recycled water treatment facility beneath Civic Center parking lot  No Change to Previously Adopted Components Element 3  Underground stormwater tank (SWIP Tank 1) at Memorial Park  Underground stormwater tank (SWIP Tank 2) at Civic Center  Installation of underground stormwater tank (SWIP Tank 1) at Civic Center  Installation of underground stormwater tank (SWIP Tank 2) at Civic Center CEQA Analysis Based on the analysis in the Addendum, the proposed location change would not result in new or substantially more severe environmental effects. Staff recommends that the City Council adopt the resolution for the First Addendum to the Initial Study/Mitigated Negative Declaration, thereby complying with the State Water Board’s executed funding agreement D17-01006 (Attachment B). According to Section 15164(b) of the CEQA Guidelines, an addendum to a previously adopted negative declaration is the 4 of 5 appropriate environmental document in instances when only minor technical changes or additions are made. Further, Section 15162 of CEQA lists the conditions that require the preparation of a subsequent negative declaration, and none of those conditions have occurred for the proposed change of the stormwater tank location. Based on the analysis in the Addendum, the proposed location change would not result in new or substantially more severe environmental effects. None of the conditions listed in CEQA Guidelines Section 15162 would occur as a result of this change; therefore, a subsequent negative declaration would not be required. As required by the State Water Board, the City prepared the addendum to the Initial Study/Mitigated Negative Declaration for a 14-day public review period for all interested persons to submit comments on the adequacy of the addendum. The comment period started on October 25, 2018 and ended at 5:30 p.m. on November 8, 2018. There were no comments submitted. Past Council Actions 09/27/2018 (Attachment C) Resolution Adopting the California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration for the Sustainable Water Infrastructure Project and Project Approval Financial Impacts and Budget Actions There are projected cost savings, however the original budget would not change at this time as a result of the recommended action. Prepared By: Selim Eren, Civil Engineer Approved Forwarded to Council 5 of 5 Attachments: A. Addendum to the SWIP IS/MND - October 2018 B. Resolution - PW - SWIP - 11272018 C. September 27, 2016 Staff Report (Web Link) D. Written Comments ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 1 of 28 ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT (SWIP) MITIGATED NEGATIVE DECLARATION OCTOBER 2018 CITY OF SANTA MONICA PLANNING AND COMMUNITY DEVELOPMENT 1685 MAIN STREET SANTA MONICA, CA 90401 ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 2 of 28 INTRODUCTION This document is the Addendum to the Sustainable Water Infrastructure Program (SWIP) Mitigated Negative Declaration [SCH #2016071056]. This Addendum has been prepared in accordance with the relevant provisions of the California Environmental Quality Act (CEQA) of 1970 (as amended) and the State CEQA Guidelines as implemented by the City of Santa Monica. According to Section 15164(b) of the State CEQA Guidelines, an addendum to a previously adopted negative declaration is the appropriate environmental document in instances when only minor technical change or additions are necessary, and none of the conditions described in Section 15162 calling for the preparation of a subsequent negative declaration have occurred . Section 15162 states the circumstances for when a subsequent negative declaration is required: 1) Substantial changes are proposed in the project which will require major revisions of the previous negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects 2) Substantial changes occur with respect to the circumstances under which the project is undertaken which will require major revision of the previous EIR or negative declaration due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; or 3) New information of substantial importance, including one or more significant effects not discussed in the previous negative declaration As discussed in this addendum, the City proposes to revise SWIP Element 3, which includes the construction of two stormwater control and harvest tanks. Specifically, SWIP Tank #1 was originally proposed to be located at Memorial Park beneath the existing playfield. The City now proposes to revise the location of SWIP Tank #1 to beneath the existing Civic Center surface parking lot adjacent to SWIP Element 2 recycled treatment fa cility and to stormwater tank #2. For construction efficiency, both SWIP Tank#1 and SWIP Tank#2 may be designed and constructed as a single combined structure resulting in a 4.5-million gallon(MG) capacity tank. Based on the analysis in this addendum, the proposed change in tank location would not result in new or substantially more severe significant environmental effects. None of the conditions listed in CEQA Guidelines Section 15162 would occur, such that a subsequent negative declaration would be required. As such, the addendum is the appropriate environmental document under CEQA . All mitigation measures identified in the previously adopted MND shall remain applicable. This Addendum includes a description of the SWIP as it is currently proposed and a comparison of its impacts to those identified in the SWIP MND previously adopted by the City of Santa Monica in August 2016. BACKGROUND PROJECT LOCATION Tank #1 and Tank #2 for the SWIP are currently proposed to be located under the existing Civic Center surface parking lot near the corner of Fourth Street and Pico Boulevard in the Civic Center Specific Plan area of the City of Santa Monica (see Figure 1). The Civic Center surface parking lot is bound by Fourth Street to the east, Main Street to the west, Pico Boulevard to the south and Civic Center Drive to the north. (see Figure 3). ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 3 of 28 SWIP MND A Mitigated Negative Declaration was prepared for the SWIP in accordance with Section 15087 of the State CEQA Guidelines. The SWIP MND, adopted on September 27, 2016, analyzed the development of the SWIP, which included three key elements (see Figure 2). The various components of the SWIP that were analyzed in the SWIP MND are listed in Table 1. ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 4 of 28 FIGURE 1 - PROJECT LOCATION ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 5 of 28 FIGURE 2 – SWIP MAP ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 6 of 28 FIGURE 3 –SWIP CIVIC CENTER LOCATION ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 7 of 28 TABLE 1 – SWIP ELEMENTS ANALYZED IN SWIP MND Details Element 1  Installation of reverse osmosis (RO) and pretreatment unit at the SMURFF  Installation of solar panel arrays at SMURFF, Pico Kenter SMUFF pumping station, and City Parking Lot #1  Installation of groundwater extraction well at existing Beach Maintenance Yard Element 2  Installation of underground recycled water treatment facility beneath Civic Center parking lot Element 3  Installation of underground stormwater tank (SWIP Tank #1) at Memorial Park  Installation of underground stormwater tank (SWIP Tank #2) at Civic Center The SWIP MND addressed the potential environmental effects of the SWIP in accordance with CEQA and CEQA Guidelines. Less than significant impacts or no impacts were found in all environmental issue areas, except for Biological Resources and Paleontological and Archaeological Resources. For these three issue areas, mitigation measures would reduce impacts to less than significant. On August 2016, the City Council certified the SWIP MND and adopted the necessary mitigation measures to implement and approve the SWIP. APPROVED SWIP ELEMENT 3: STORMWATER TANK 1 The SWIP MND analyzed the environmental impacts of the SWIP, which included development of an underground stormwater tank (Tank #1) at Memorial Park at the intersection of 14th Street and Olympic Boulevard. Tank #1 was proposed to be constructed beneath Memorial Park’s existing playfield (adjacent to the City’ Colorado Maintenance Yard). As described in the SWIP MND, Tank #1 will be capable of harvesting up to 3.0 million gallons (MG) of stormwater from any single precipitation event from the Pico-Kenter sub-watershed tributary area within the City. As analyzed in the MND, after a storm event, the tank will slowly release its contents to the SWIP’s proposed downgradient Civic Center Tank (Tank #2) via the City’s existing storm drain system. Tank #1 will gradually release its contents into the source water feed to the proposed recycled water advanced treatment plant (SWIP Element 2). Excavation will encompass an area of approximately 23,260 square feet, or 0.53 acre (assuming a 172-foot-diameter circular and sloped excavation, including a 10-foot pre-stress leeway). To the extent feasible, excavated soils will be managed onsite. It is estimated that approximately 17,800 cubic yards of soil may be exported. Both Tank#1 and Tank#2 will be constructed entirely underground, utilizing either modular tanks or standard cast-in-place methods. Excavation depths for each tank will be appr oximately 20 to 30 feet, and will employ engineered shoring, or be sloped to accommodate safe and efficient construction. Due to the underground construction design, a portion of the excavated soils will be used to backfill around and over the tanks. To th e extent feasible, excavated soils will be managed onsite. Non-hazardous excess soils will be exported for reuse to the City Maintenance Yard. Soils requiring offsite disposal shall be transported and managed pursuant to applicable laws and regulations ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 8 of 28 CURRENTLY PROPOSED SWIP ELEMENT 3: STORMWATER TANK 1 In general, SWIP Tank #1 would be consistent with what was analyzed in the SWIP MND. Tank #1 would be the same size and serve the same functions as analyzed. However, the City proposes to locate Tank #1 to the Civic Center surface parking lot, adjacent to the proposed recycled water advanced treatment facility and to the south of the future Early Childhood Education Center (which is currently under construction). Locating Tank #1 to beneath the Civic Center surface parking lot would not directly impact the historic Civic Auditorium and would not remove any landscape elements of the Civic Auditorium. Tank#1 will be connected to the City’s existing storm drain system and the recycled water treatment plant inc luded under Element 2 by a diversion structure and pumping station constructed beneath City property. Consistent with what was described and analyzed in the SWIP MND, Tank #1 will be capable of harvesting up to 3.0 MG of stormwater from any single precipit ation event from the Pico-Kenter sub-watershed tributary area within the City. Excavation will encompass an area of approximately 23,260 square feet, or 0.53 acre (assuming a 172 -foot-diameter circular and sloped excavation, including a 10-foot pre-stress leeway). To the extent feasible, excavated soils will be managed onsite. It is estimated that approximately 17,800 cubic yards of soil may be exported . For construction efficiency, both Tank#1 and Tank#2 may be designed and constructed as a single combined structure resulting in a 4.5-MG capacity tank. Construction of the SWIP elements at the Civic Center surface parking lot would be coordinated with the construction of the future Civic Center Sportsfield (approved in 2018). ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 9 of 28 TABLE 2: PROPOSED CHANGES TO SWIP TANK #1 SWIP MND Assumptions Current Proposal (2018) Location Memorial Park (beneath existing playfield) Civic Center (beneath surface parking lot adjacent to proposed recycled water treatment plant) Size 3.0 MG 3.0 MG Functions Harvest stormwater from a single precipitation event from the Pico-Kenter sub-watershed tributary area Harvest stormwater from a single precipitation event from the Pico-Kenter sub-watershed tributary area. Relationship to SWIP Elements Connection to recycled water treatment plant at Civic Center and Connection to recycled water treatment plant at Civic Center; alternatively Tank #1 and Tank #2 could be combined as one large tank Excavation 17,800 cubic yards 17,800 cubic yards ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 10 of 28 FIGURE 4 –PROPOSED SWIP CIVIC CENTER SITE PLAN ADDENDUM TO THE SWIP MND Addendum to the SWIP MND October 2018 Page 11 of 28 REGULATORY AUTHORITY FOR ADDENDUM CEQA and the CEQA Guidelines establish the type of environmental documentation which is required when changes to a project occur after an EIR is certified. Section 15164(a) states that: “The lead agency or a responsible agency shall prepare an addendum to a previously certified EIR if some changes or additions are necessary but none of the conditions described in Section 15162 calling for preparation of a subsequent EIR have occurred”. Section 15162 of the CEQA Guidelines requires a Subsequent EIR where an EIR has already been prepared under the following circumstances: 1. Substantial changes are proposed in the project which will require major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 2. Substantial changes occur with respect to the circumstances under which the project is undertaken, which will requi re major revisions of the previous EIR due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified significant effects; 3. New information of substantial importance, which was not known and could not have been known with the exercise of reasonable diligence at the time the previous EIR was certified as complete shows any of the following: a. The project will have one or more significant effects not discussed in the previous EIR or negative declaration, b. Significant effects previously examined will be substantially more severe than shown in the previous EIR, c. Mitigation measures or alternatives previously found not to be feasible would in fact be feasible, and would substantially reduce one or more significant effects of the project, but the project proponents decline to adopt the mitigation measure or alternative, or d. Mitigation measures or alternatives which are considerably different from those analyzed in the previous EIR would substantially reduce one or more significant effects on the environment, but the project proponents decline to adopt the mitigation measure or alternative. The purpose of this Addendum is to address whether the proposed changes to Tank #1 of the SWIP could result in any new significant environmental impacts which were not identified in the SWIP MND or whether previously identified significant impacts would be substantially more severe. As indicated in the analysis provided herein, the proposed stormwater tank relocation to the Civic Center surface parking lot would not constitute a substantial change in the SWIP that will involve “new significant environmental effects or a substantial increase in the severity of previously identified significant effects”. The environmental impacts associated with relocation of SWIP Tank #1 to the Civic Center surface parking lot would be consistent with those identified in the SWIP MND and/or do not constitute a new or greater significant impact. ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 12 of 28 On the basis of substantial evidence in the light of the whole record, the City has determined that an Addendum is the appropriate form of CEQA documentation to address the proposed changes to the SWIP’s Tank #1. ENVIRONMENTAL IMPACT ANALYSIS OF THE REVISED SWIP - TANK #1 The following discussion analyzes the environmental impacts of the proposed changes to the SWIP (namely, the relocation of Tank #1 to the Civic Center) and compares the impacts to those identified in the SWIP MND: AESTHETICS The SWIP MND analyzed potential aesthetic impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that such impacts would be less than significant. Page 17 of the SWIP MND states the following: “The only above-grade features of the project include the modular RO units proposed at the SMURRF (Element 1), a small wellhead structure and well protection posts at the existing Beach Maintenance Yard, and a section of piping associated with the proposed groundwater extraction well. These features will not be visible from PCH, due to existing intervening obstruction between PCH and the SMURFF (i.e., Moomat Ahiko Way, McClure Tunnel), existing vegetation and fencing around the SMURFF, and elevation difference. Thus, the project will have no permanent impact to scenic highways or scenic resources… As discussed above, the proposed project will be predominantly underground. Therefore, the project elements will not create new sources of light or glare in the project area. Similarly, they will not produce shadows that could affect adjacent uses.” Construction of the underground stormwater tanks would not result in impacts related to scenic vistas, scenic resources, visual character, light/glare, and shadows since they would be underground and not be visible. Therefore, changing the location of underground Tank #1 to the Civic Center parking lot would not result in aesthetic effects that would be greater than those identified in the SWIP MND. Aesthetic impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and would be consistent with those identified in the SWIP MND. AGRICULTURE AND FORESTRY RESOURCES The SWIP MND analyzed the potential impacts on agriculture and forestry resources that could occur as a result of the SWIP, including construction of Tank #1, and determined that no impacts would occur. As stated on page 20 of the SWIP MND: “No existing agricultural land, forest land, or timberland zoning is present on the SWIP sites, including the existing SMURFF, Beach Maintenance Yard, the Civic Center Center Parking lot, Memorial Park, or near the project vicinity.” Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts on agriculture and forestry resources that would be greater than those identified in the SWIP MND. No impacts would occur, consistent with the SWIP MND. ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 13 of 28 AIR QUALITY The SWIP MND analyzed potential air quality impacts that could occur as a result of the SWIP, including those associated with Tank #1, and determined that impacts would be less than significant. Construction The SWIP’s construction-related air quality impacts were calculated based on parameters such as the duration of construction activity, area of disturbance, and anticipated equipment used during construction. Page 24 of the SWIP MND states the following: “Table 3 summarizes the estimated annual emissions of pollutants during construction; as shown, project emissions would not exceed SCAQMD construction thresholds or Local Significance Thresholds for SRA-2.” There are no proposed changes to the size or excavation for Tank #1. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in new construction pollutant emissions that would be greater than those identified in the SWIP MND. Rather, the emissions would be the same and would simply occur at the Civic Center surface parking lot. Construction air quality impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and would be consistent with those identified in the SWIP MND. Operation As stated on page 24 of the SWIP MND, operational air quality impacts of the SWIP (including Tank #1) would be less than significant: “During operation of the SWIP, small amounts of emissions will be generated due to vehicle trips associated with new employees (one new full-time employee and up to two new part-time employees). These trips will be minimal, as the project will primarily be monitored remotely using smart technology and SCADA. Therefore, given the negligible amount of emissions, the project will not violate air quality standards or contribute substantially to an existing or projected air quality violation.” There are no proposed changes to the size or functions of Tank #1 nor would there be any increases in anticipated number of employees. Operational air emissions and odors would not be greater than those identified in the SWIP MND. Operational air quality impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. BIOLOGICAL RESOURCES Sensitive Species, Habitat, Wetlands, US Waters, and Habitat Conservation Plans The SWIP MND analyzed the SWIP’s potential impacts on sensitive species, sensitive habitat and natural communities, and wetlands/waters of the US and determined that no impacts would occur. As stated on pages 26-28 of the SWIP MND: “The project site consists entirely of developed and landscaped areas located within an urban city setting. Project Element 1 will be constructed at an existing water recycling facility, Project Element 2 will be constructed under a paved parking lot, and Project ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 14 of 28 Element 3 will be constructed at an existing facility and under the maintained turf of a recreational park. Given the developed nature of the study area, habitat opportunities for sensitive species that occur in the region are limited. The presence of any sensitive or special status species is therefore unlikely. Mature ornamental trees and mowed grass/turf are the only vegetation types present within the non-paved portions of the study area…Based on the above, the proposed project would not result in impacts on sensitive species….. No sensitive natural communities as defined by CDFW occur within the study area. Wetlands and waters regulated by U.S. Army Corps of Engineers and the Regional Water Quality Control Board under the Clean Water Act (§ 404 and 401, respectively) and CDFW under Fish and Game Code §1602, are absent from the proposed project work areas. No riparian habitat or other sensitive natural community is present at the project sites.” The proposed relocation of Tank #1 to the Civic Center would not have greater impacts on sensitive species and habitats than those identified in the SWIP MND. There are no such resources present on the sites or surrounding area. The Civic Center parking lot was already analyzed as a project site – and as such, impacts would remain consistent with the SWIP MND. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts on sensitive species, habitats, and wetlands/US waters that would be greater than those identified in the SWIP MND. No impacts would occur, consistent with the SWIP MND. Migratory Species The SWIP MND analyzed the SWIP’s potential impacts on migratory species and determined impacts would be less than significant. As stated on page 28 of the SWIP MND: “The Biological Resource Assessment…for the project identified ornamental trees surrounding and mowed grass/turf in portions of the study area, including m ature trees situated around the SMURRF. These landscaped areas could provide potential roosting habitat for nesting birds and roosting bats. Tree removal is not proposed as part of the project, but equipment will be staged and working immediately adjacent to numerous mature trees. This could result in disturbance to potential adjacent bird nest or bat roost sites. Therefore, mitigation is required to reduce impacts to nesting birds and roosting bats to a less than significant level.” The proposed relocation of Tank #1 from Memorial Park to the Civic Center parking lot would not result in impacts on migratory birds that would be greater than those identified in the SWIP MND. The Civic Center parking lot was already analyzed as a project site – therefore, impacts would remain consistent with the SWIP MND. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, trees at Memorial Park would not be affected. Impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. As prescribed in the SWIP MND, mitigation measure MM BIO- 1 remain applicable: MM BiO-1 Nesting Birds and Roosting Bats Survey. A pre-construction survey for nesting birds and roosting bats shall occur prior to work during the nesting season (January 15 - August 31). These surveys shall be conducted by a qualified biologist within 14 days prior to the start of construction staging or ground disturbance and reinitiated as needed after periods of inactivity at each project site. If nesting birds or bats are found, a non- disturbance buffer zone shall be implemented with input from the qualified biologist. Buffer zones shall be clearly marked with exclusion fencing/staking and signage. Biological ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 15 of 28 monitoring shall be implemented if active nests or roosting bats are found to regularly assess their status and condition. Given the urban setting and the high baseline disturbance level, buffer zones can likely be focused to a limited area and, therefore, a specific distance is not provided. Nesting raptors (e.g., red-tailed hawk) typically warrant a larger zone than nesting passerines. If buffers are determined to be necessary (based on the survey), they can be adjusted based on work activities, monitoring results (e.g., reaction of the animals), and the biologist’s judgment. Buffers shall be maintained until work has ceased in the identified area or the birds/bats are done nesting/roosting, as confirmed by the biologist. CONSTRUCTION EFFECTS The SWIP MND analyzed potential construction impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that construction impacts would be less than significant with mitigation. Construction activities for Tank #1 would entail removal of the existing surface parking lot, grading/excavation of fill and dirt, and reconstruction of the Civic Center surface parking lot. The proposed relocation of Tank #1 to the Civic Center would not have greater construction effects (air, noise, and construction waste) than those identified in the SWIP MND. The size of the tank and excavation activities would be consistent with those analyzed in the SWIP MND. The Civic Center parking lot was already analyzed as a construction site – therefore, impacts would remain consistent with the SWIP MND. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, Memorial Park would not be affected. Construction impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant with mitigation and impacts would be consistent with those identified in the SWIP MND. As described in the SWIP MND, mitigation measures have been identified for Biological Resources (Section IV) and Cultural Resources (Section VI). CULTURAL RESOURCES Historic The SWIP MND analyzed potential cultural resources impacts that could occur as a result of the SWIP and determined that impacts would be less than significant. Page 4.4-28 of the SWIP MND states the following: “The project sites are currently developed with the SMURRF, the City’s Beach Maintenance Yard, Civic Center parking lot, and the City’s Memorial Park. The nearest identified historic resources to the project is the Santa Monic Civic Auditorium, which is designated as a Santa Monica Landmark and the Santa Monica Looff Hippodrome building, which is a National Historic Landmark. The proposed project will construct an underground recycled water treatment facility (Element 2) and an underground stormwater collection and storage tank in the Civic Center lot (Element 3). The underground footprint of the recycled water treatment plant and water tank will be approximately 375 feet northeast of the Civic Auditorium. The project will not involve any modifications to this landmark or any other historic resources in the vicinity. Additionally, the project’s installation of the modular RO unit in the existing SMURRF (Element 1) and the installation of an underground stormwater harvest tank at Memorial Park (Element 3) would not affect historic resources, since there are no historic resources in close proximity to any of these sites.” ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 16 of 28 The proposed changes to Tank #1 would not result in historic impacts that would be greater than those identified in the SWIP MND. Locating Tank #1 to beneath the Civic Center surface parking lot would not directly impact the historic Civic Auditorium and would not remove any landscape elements of the Civic Auditorium. Therefore, no impacts to historic resources would occur and, impacts on historic resources would be consistent with those identified in the SWIP MND. Archaeological Resources The SWIP MND analyzed potential impacts to archaeological resources that could occur as a result of the SWIP and determined that impacts would be less than significant with mitigation. Page 32-33 of the SWIP MND states the following: “Project construction will involve excavation for underground water treatment and storage facilities in areas (Civic Center Parking Lot and Memorial Park) that could potentially contain subsurface archaeological remains (e.g., artifact -rich middens). Excavation associated with the proposed underground recycled water treatment facility, and underground stormwater harvest tanks, has the potential to encounter buried archaeological deposits. Therefore, a mitigation measure is proposed to ensure that any discovered resources shall be protected and curated if encountered during project construction. Accordingly, this impact will be less than significant. The proposed changes to Tank #1 would not result in impacts on archaeological resources that would be greater than those identified in the SWIP MND. The size of the tank and amount of excavation would remain consistent with that analyzed in the SWIP MND. The SWIP MND had analyzed potential impacts associated with the SWIP’s excavation activities at the Civic Center parking lot – therefore, no new or worsened impacts would occur. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, the potential to encounter archaeological resources at Memorial Park would not occur. Archaeological impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant with mitigation and would be consistent with those identified in the SWIP MND. As prescribed in the SWIP MND, mitigation measure MM CR-1 remain applicable: MM CR-1 Inadvertent Discovery of Archaeological Resources: In the event of an inadvertent discovery of prehistoric or historic-period archaeological resources during construction, the applicant shall immediately cease all work within 50 feet of the discovery. The applicant shall immediately notify the City of Santa Monica Planning and Community Development Department and shall retain a Registered Professional Archaeologist (RPA) to evaluate the significance of the discovery prior to resuming any activities that could impact the site/discovery. This investigation shall be driven by a Treatment Plan that sets forth explicit criteria for evaluating the significance of resources discovered during construction and identifies appropriate data recovery methods and procedures to mitigate project effects on significant resources. The Treatment Plan shall be prepared by an RPA familiar with both historical resources and prehistoric archaeological resources prior to further excavation or site investigation following initial discovery. The Treatment Plan shall also provide for a final technical report on all cultural resource studies and for the curation of artifacts and other recovered remains at a qualified curation facility, to be funded by the applicant. If the archaeologist determines that the find may qualify for listing in the California Register, the site shall be avoided or a data recovery plan shall be developed. Any required testing or data recovery shall be directed by an RPA prior to resuming construction activities in the affected area. Work shall not resume until authorization is received from the City. ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 17 of 28 Paleontological Resources The SWIP MND analyzed potential impacts to paleontological resources that could occur as a result of the SWIP and determined that impacts would be less than significant with mitigation. Page 33 of the SWIP MND states the following: “Excavations associated with construction of the proposed project’s subterranean elements could potentially impact such res ources. Mitigation is necessary to ensure that resources discovered during project construction will be appropriately protected and curated.” The proposed changes to Tank #1 would not result in impacts on paleontological resources that would be greater than those identified in the SWIP MND. The size of the tank and excavation activities would remain consistent with that analyzed in the SWIP MND. The SWIP MND had analyzed potential impacts associated with the SWIP’s excavation activities at the Civic Center parking lot – therefore, no new or worsened impacts would occur. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, the potential to encounter resources at Memorial Park would not occur. Paleontological impacts associated with the SWI P, including the proposed changes to Tank #1, would be less than significant with mitigation and would be consistent with those impacts identified in the SWIP MND. As prescribed in the SWIP MND, mitigation measure MM CR-2 remain applicable: MM CR-2 Inadvertent Discovery of Paleontological Resources: In the event that a paleontological resource is discovered during ground-disturbing activities associated with the project, work will immediately cease within 50 feet of the discovery and the find shall be assessed by a qualified paleontologist for scientific significance and collected for curation, if necessary. If significant resources are encountered, curation will occur according to accepted standards as recommended by the Paleontologist in consultation with City staff. Human Remains The SWIP MND analyzed potential impacts to archae ological resources that could occur as a result of the SWIP and determined that impacts would be less than significant with mitigation. Page 33 of the SWIP MND states the following: “Human remains have not been identified in the project vicinity; however, human remains could be preserved at depth beneath the existing onsite building and surface parking lot, and the possibility exists that such remains could be uncovered during construction of the proposed project….Compliance with existing regulations prescribed in California Health and Safety Code Section 7050.5, CEQA Section 15064.5, and Public Resources Code Section 5097.98, will ensure that impacts to human remains will be less than significant” The proposed changes to Tank #1 would not result in impacts on human remains that would be greater than those identified in the SWIP MND. The size of the tank and excavation activities would be consistent with what was analyzed in the SWIP MND. The SWIP MND had analyzed potential impacts associated with the SWIP’s excavation activities at the Civic Center parking lot – therefore, no new or worsened impacts would occur . Furthermore, with relocation of Tank #1 to the Civic Center parking lot, the potential to encounter human remains at Memorial Park would not occur. Therefore, impacts to human remains associated with the SWIP, including the proposed changes to Tank #1. would be less than significant and would be consistent with those identified in the SWIP MND. ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 18 of 28 GEOLOGY AND SOILS The SWIP MND analyzed potential geology/soils impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant . Geological/soils impacts are typically site-specific,and are determined partly by the specific characteristics of the underlying soils and geological setting. Fault Rupture The SWIP MND analyzed the SWIP’s potential impacts that could occur as a result of fault rupture and determined that impacts would be less than significant. Page 36 of the SWIP MND states the following with regard to fault zones: “The project sites are not located in these zones as the closest site, Memorial Park, is approximately 2,500 feet south of the south branch and 7,000 feet south of the north branch. Additionally, no other known active or potentially active faults underlie the project sites. As such, the potential for fault rupture to occur at the project site is low. Therefore, impacts related to fault rupture will be less than significant.” The proposed changes to Tank #1 would not result in fault rupture-related impacts that would be greater than those identified in the SWIP MND. The SWIP MND had analyzed potential fault rupture risks at the Civic Center parking lot – no active faults run beneath this site. Therefore, relocation of Tank #1 to the Civic Center parking lot would not have an effect on fault rupture risk. Therefore, impacts would be less than significant and, impacts would be consi stent with those identified in the SWIP MND. Seismic Groundshaking, Liquefaction, Landslides, Erosion, Unstable Geological Unit/Soils, Expansive Soils The SWIP MND analyzed the SWIP’s potential impacts that could occur as a result of seismic groundshaking, liquefaction, landslides, erosion, unstable soils, and expansive soils and determined that impacts would be less than significant. Page 36 of the SWIP MND states the following with regard to these issues: “The proposed project consists of sustainable wat er infrastructure that will be largely below the ground surface and will not expose people or structures to potential adverse effects such as risk of loss, injury or death involving seismic ground shaking. Therefore, impacts associated with ground shaking will be less than significant.” “The project sites at the SMURRF, Civic Center Parking Lot, and Memorial Park are not identified as having soils susceptible to liquefaction. However, Parking Lot #1 -South and the Beach Maintenance Yard are identified as having soils susceptible liquefaction along the coastline. The proposed solar panel parking shade at the Parking Lot #1 -South and the shallow groundwater extraction well at the Beach Maintenance Yard would not expose people or structures to liquefaction or exacerbate existing liquefaction risks. Therefore, implementation of the project will not expose structures or people to potential adverse effects involving liquefaction. Impacts will be less than significant.” “The project will construct a shallow groundwater extraction well on the Beach Maintenance Yard site; these features will not cause a landslide to occur, but may be inundated in the unlikely event that the bluff on the other side of the PCH from the site fails ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 19 of 28 and a landslide event does occur. Implementation of the project will not expose people or structures to potentially adverse effects involving landslides.” The proposed changes to Tank #1 would not result in groundshaking, liquefaction, or landslide impacts that would be greater than those identified in the SWIP MND. The SWIP MND had analyzed these potential risks at the Civic Center parking lot and determined that impacts would be less than significant since the SWIP would not expose people or struc tures to potential adverse effects related to groundshaking, liquefaction, or landslides . Therefore, relocation of Tank #1 to the Civic Center parking lot would not have an effect on geological hazards. Therefore, impacts would be less than significant and, impacts would be consistent with those identified in the SWIP MND. Septic Tanks/Alternative wastewater Systems The SWIP MND analyzed potential impacts related to septic tanks/alternative wastewater systems that could occur as a result of the SWIP, including construction of Tank #1, and determined that no impacts would occur. Page 38 of the SWIP MND states the following: “The proposed project will not involve the installation of septic tanks or other wastewater disposal systems.” The proposed relocation of Tank #1 to the Civic Center would not have greater impacts related to septic tanks/alternative wastewater systems than those identified in the SWIP MND. As stated in the MND, the SWIP would not install septic tanks or alternative wastewater systems. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts related to septic tanks/alternative wastewater systems . No impacts would occur, consistent with the SWIP MND. GREENHOUSE GAS EMISSIONS The SWIP MND analyzed potential greenhouse gas (GHG) impacts that could occur as a result of the SWIP, including those associated with Tank #1, and determined that impacts would be less than significant. Construction The SWIP’s construction-related GHG impacts were calculated based on parameters such as the duration of construction activity, area of disturbance, and anticipated equipment used during construction. Page 40 of the SWIP MND states the following: “Construction activities from mobile sources such as vehicles and machinery used to install the proposed project features. Emissions will also occur during project operations, but will be primarily limited to the use of trucks and vehicles to access pr oject sites for inspections and repairs, as needed… Thus, construction of the proposed project would generate an estimated 12.4 metric tons CO2e per year. Therefore, impacts of construction related emissions would be less than significant.” There are no proposed changes to the size or excavation for Tank #1. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in new construction GHG emissions that would be greater than those identified in the SWIP MND. Rather, the emissions would be the same and would simply occur at the Civic Center s urface parking lot. Construction GHG impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 20 of 28 Operation As stated on page 24 of the SWIP MND, operational GHG impacts of the SWIP (including Tank #1) would be less than significant: “Operation and maintenance of the project will not introduce GHG emissions that are inconsistent with the existing environment, as the project’s minimal staff will be dr awn from the local workforce, thereby avoiding the introduction of new commuters. Further, the project will reduce the City’s current reliance on imported water. For every 2.5 billion gallons of avoided imported water associated with water savings under the project, approximately 8.9 million kWh of energy use and 5.256 million kg GHG emissions will be avoided. Because the project will ultimately decrease energy expenditures associated with providing a sustainable water supply to the City, potential impacts associated with GHG emissions will ultimately be beneficial.” There are no proposed changes to the size or functions of Tank #1 nor would there be any increases in anticipated number of employees. Operational GHG emissions would not be greater than those identified in the SWIP MND. Operational GHG impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. HAZARDS AND HAZARDOUS MATERIALS Hazardous Materials – Routine Use/Accidental Release The SWIP MND analyzed potential impacts that could occur as a result of the use, transport, and accidental release of hazardous materials that could occur as a result of the SWIP , including construction of Tank #1, and determined that impacts would be less than significant. Page 43 of the SWIP MND states the following: “During construction activities for the project, typical hazardous materials will be used at the site, including hydraulic fluids, paints/sealers, c leaning materials, and vehicle fuels. The use of these materials during project construction will be short -term in nature and will occur in accordance with standard construction practices, as well as with applicable federal, state, and local health and saf ety regulations. Construction activities will not create a new hazard to the public or environment through the routine transport, use, or disposal of hazardous materials. Operation of these [project] facilities will not involve the routine transport, use, or disposal of unusual or large quantities of hazardous substances. Any hazardous materials used or generated through operation of these facilities will be contained, stored, and used in accordance with manufacturers’ instructions and handled in compliance with applicable standards and regulations. Potential impacts associated with the transport, use, and storage of hazardous or potentially hazardous materials during construction and operation will be less than significant. Potential impacts to human health associated with treated non-potable water reuse will be less than significant. The quality of water for reuse will be in compliance with CCR Title 22 and Title 17 as determined by LA County Department of Public Health through their ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 21 of 28 permitting process and their Guidelines for Alternate Water Sources: Indoor and Outdoor Non-Potable Uses.” There are no proposed changes to the size, function, or excavation for Tank #1. Therefore, the proposed relocation of Tank #1 to the Civic Center surface parking lot would not result in new hazards/hazardous impacts that would be greater than those identified in the SWIP MND . Hazards/hazardous impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. Hazardous Site Listing The SWIP MND analyzed potential impacts related to the presence of a hazardous materials site that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Page 43 of the SWIP MND states the following: “Review of the databases listed above found no listing of the project sites as hazardous sites due to accidental contamination/spills or handling of hazardous materials. Th e hazardous material site nearest to the project is an open remediation case for a LUST, approximately 200 feet southeast of the Civic Center Parking Lot (Element 2) across Pico Boulevard. Sampling at the LUST site indicates that contamination is stable an d decreasing. Further, sampling at the LUST site indicates a southwest groundwater flow direction (Stratus Environmental Inc. 2016). Therefore, contamination will not migrate to the Civic Center Parking Lot. Impacts will be less than significant.” The proposed changes to Tank #1 would not result in hazardous site impacts that would be greater than those identified in the SWIP MND. The SWIP MND had analyzed potential hazard risks at the Civic Center parking lot through a review of database listings– the site is not subject to risks due to a hazardous materials site listing either onsite or offsite. Therefore, the proposed relocation of Tank #1 to the Civic Center surface parking lot would not result in new hazards/hazardous impacts that would be greater than those identified in the SWIP MND. Hazards/hazardous impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and would be consistent with those identified in the SWIP MND. Airport Hazards and Wildland Fires The SWIP MND analyzed potential impacts related to airport hazards and wildland fires that could occur as a result of the SWIP, including construction of Tank #1, and determined that no impacts would occur. Page 44 of the SWIP MND states the following: “The project will not involve placing people or structures in proximity to aircraft operations and no risks to life or property from airport operations will occur as a result of the project. Therefore, no impact will occur…. The project sites are not located adjacent to or intermixed with wildlands. As such, the proposed project will not subject people or structures to a substantial risk of loss, injury, or death as a result of exposure to wildland fires. Therefore, no impacts will occur.” The proposed relocation of Tank #1 to the Civic Center would not have greater impacts related to airport hazards or wildland fires than those identified in the SWIP MND. As stated in the MND, the Civic Center parking lot is not located near an airport or near wildlands. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts related to airport hazards or wildland fires. No impacts would occur, consistent with the SWIP MND. ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 22 of 28 HYDROLOGY AND WATER QUALITY The SWIP MND analyzed potential hydrology and water quality impacts that could occur as a result of the SWIP, including construction of Tank #1. The SWIP MND determined that impacts would be less than significant on pages 48-50 The proposed changes to Tank #1 would not result in impacts on hydrology/water quality that would be greater than those identified in the SWIP MND. The size of the tank and excavation activities would be consistent with what was analyzed in the SWIP MND. The SWIP MND had analyzed potential impacts associated with the construction and operation of the SWIP at the Civic Center parking lot – therefore, no new or worsened impacts would occur. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, the potential for hydrology/water quality impacts (such as the temporary alteration of onsite drainage patterns) at Memorial Park would not occur. Hydrology/water quality impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and impacts would be cons istent with those identified in the SWIP MND. LAND USE AND PLANNING The SWIP MND analyzed potential land use impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Page 51 of the SWIP MND states the following: “The proposed project involves the construction of sustainable water infrastructure and facilities. All proposed components of the project would occur within existing City property, which is previously disturbed. Furthermore, the major elements of the project such as the recycled water treatment plant and underground stormwater harvest tanks would be located underground. By constructing the key project elements underground, the project areas will be allowed to be developed with future land uses. The proposed project will be compatible with existing adjacent land uses” The proposed relocation of Tank #1 to the Civic Center would not have greater land use impacts than those identified in the SWIP MND. No changes to the size or function of the tank are proposed. Tank #1 would be installed underground adjacent to the SWIP’s proposed recycled water treatment plant. The Civic Center parking lot was already analyzed as a project site – therefore, land use impacts would remain consistent with the SWIP MND. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, potential land use impacts at Memorial Park would not occur (i.e., existing playfield would remain undisturbed). The SWIP with the currently proposed Tank #1 would be consistent with City land use goals and policies to reduce water demand. Land use impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and impacts would be consistent with those ident ified in the SWIP MND. MINERAL RESOURCES The SWIP MND analyzed potential impacts on agriculture and forestry resources that could occur as a result of the SWIP, including construction of Tank #1, and determined that no impacts would occur. Page 55 of the SWIP MND states the following: “The proposed project will not occur in an area known to contain mineral resources. Given that the project sites are located in a highly urbanized area of the City and are developed as the SMURFF, Beach Maintenance Yard, Civi c Center, and Memorial Park the potential for mineral resources to occur onsite is low. Therefore, the proposed project will not result ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 23 of 28 in the loss of availability of a mineral resource or a mineral resource recovery site and no impacts will occur.” Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts on mineral resources that would be greater than those identified in the SWIP MND. No impacts would occur, consistent with the SWIP MND. NEIGHBORHOOD EFFECTS The SWIP MND analyzed potential neighborhood impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Page 56 of the SWIP states the following: “The project sites are located within existing City property and are surrounded by existing commercial, institutional, recreational, and residential uses…. The only above -ground project features will be located at the SMURRF, which is not in a residential neighborhood, and at the Civic Center parking lot, also not a residential neighborhood (at the Civic Center parking lot a low profile stairwell and elevator structure will be constructed to provide secure access to the underground recycled water treatment facility). All other project features will be installed underground and therefore will result in no long -term change to neighborhood character or effects. Construction and operation of the proposed project will not result in adverse effects on a residential neighborhood given the project site location.” The proposed relocation of Tank #1 to the Civic Center would not have greater neighborhood effects than those identified in the SWIP MND. The Civic Center parking lot was already analyzed as a construction site – therefore, impacts would remain consistent with the SWIP MND. Furthermore, with relocation of Tank #1 to the Civic Center parking lot, Memorial Park would not be affected. Neighborhood impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and impacts would be consistent with those identified in the SWIP MND. NOISE Construction The SWIP MND analyzed potential construction noise impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Pages 58-59 of the SWIP MND state the following: “During project construction, maximum noise levels could reach as high as 83 dBA at the exterior of nearest commercial uses approximately 100 feet southeast of Element 2. The nearest residences are the apartments adjacent to the SMURRF; Element 1 at the SMURRF involves the installation of prefabricated modular RO units and will not require n oise- intensive activities such as excavation. Regardless, maximum noise levels could reach as high as about 80 dBA at the exterior of the residences adjacent to the SMURRF. Therefore, construction activities for the proposed project will not generate noise levels that exceed the established exterior noise limit of 85 dBA in a commercial zone. Impacts associated with construction activities will be less than significant and no mitigation will be required .” The proposed relocation of Tank #1 to the Civic Center parking lot would not result in construction noise impacts that would be greater than those analyzed in the SWIP MND. Rather, the proposed ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 24 of 28 changes to Tank #1 would result in less construction noise impacts since construction noise would not occur at Memorial Park. Construction noise impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and would be consistent with those identified in the SWIP MND. Operation The SWIP MND analyzed potential operational noise impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. As stated on page 24 of the SWIP MND, operational noise impacts of the SWIP (including Tank #1) would be less than significant: “Operation of the project will generate minimal vehicle trips. The noise that is anticipated to occur from operation of the project will be nominal and consisting of vehicle -related mobile sources during inspection and repair activities. Underground components, which comprise the majority of project facilities, will not generate operational noise. Potential noises associated with the use of inspection and repair vehicles and equipment will be minimal and consistent with the existing environment.” There are no proposed changes to the size or functions of Tank #1 nor would there be any increases in anticipated number of employees. Operational noise would not be greater than those identified in the SWIP MND. Operational noise impacts associated with the SWIP, including the proposed changes to Tank #1, would be less than significant and would be consistent with those identified in the SWIP MND. POPULATION AND HOUSING The SWIP MND analyzed potential population and housing impacts that could occur as a result of the SWIP and determined that no impacts would occur. Page 60 of the SWIP MND states the following: “The proposed project will not include construction of any housing units, and will not directly or indirectly induce population growth…. No impact will occur…..The project sites are currently developed as the SMURFF, Beach Maintenance Yard, Civic Center, and Memorial Park. There are no existing housing units or residents on these sites. As such, the project will not displace existing housing units or people and will have no impact.” The proposed changes to Tank #1 would not result in population/housing impacts, consistent with the SWIP MND. The proposed Tank #1 would be developed beneath the existing Civic Center surface parking lot and would not induce population growth or displace people or housing. Population and housing impacts associated with the SWIP, including the proposed changes to Tank #1, would not occur and would be consistent with the SWIP MND. PUBLIC SERVICES Fire Protection, Police Protection, Schools The SWIP MND analyzed potential fire, police, and school impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that no impacts would occur. Page 62 of the SWIP MND states the following: ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 25 of 28 “The project will result in a negligible demand for fire protection services since the facilities will be predominantly underground and unmanned. Expansion of existing SMFD facilities or personnel will not be necessary to accommodate demand associated with the proposed project. During project operation, project infrastructure will be monitored largely remotely via smart technology and SCADA with minimal onsite staff support, and no substantial risk or unusual demand for SMPD services will be introduced. Further, the project will n ot result in an increase in population in the City. As a result, demand for police protection services will not increase and there will be no need for new or expanded SMPD facilities. The proposed project will not introduce new residential structures or uses that will generate demand for school facilities, libraries, or other public facilities. Further, the construction of the project will not generate employment such that direct or indirect increases in demand for such facilities will result.” The proposed relocation of Tank #1 to the Civic Center parking lot would not result in additional residential or daytime population that would generate increased demand for fire, police, and schools. Impacts associated with the SWIP, including the proposed changes to Tank #1, would not occur and would be consistent with the SWIP MND. Parks The SWIP MND analyzed potential impacts on parks that could occur due to the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Page 62 of the SWIP MND states the following: “Element 3 of the proposed project includes the installation of a stormwater harvest tank located underground in the City’s Memorial Park. During construction of this tank, access to portions of the park will be temporarily restricted. Upon completion of construction, the stormwater harvesting tank at Memorial Park will be underground and the above surface area will be restored to recreational uses. Impacts to Memorial Park will be temporary and limited to the construction period. Therefore, impacts to parks will be less than significant.” The proposed changes to Tank #1 would not result in impacts on parks that would be greater than those identified in the SWIP MND. Rather, with relocation of Tank #1 to the Civic Center parking lot, the temporary construction effects to Memorial Park would not occur. Park impacts associated with the SWIP, including the proposed changes to Tank #1, would not occur and would be less than those identified in the SWIP MND. RECREATION See above in discussion of “Parks” TRANSPORTATION AND CIRCULATION Street Network The SWIP MND analyzed potential transportation/traffic impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Page 65 of the SWIP MND states the following: ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 26 of 28 “The proposed project will not generate a substantial amount of vehicle trips during project operation. Improvements to the SMURRF proposed in Element 1 of the project will not result in any net new increase in vehicle trips. The proposed recycled water treatment facility at the Civic Center Parking Lot in Element 2 will require about eight truck trips, two times per year for the removal of the processed solids for a total of 16 vehicle trips per year. Other portions of the project are not anticipated to generate vehicle trips since they will include underground water storage facilities and a shallow groundwater extraction well. The project will not generate traffic on a regular basis. The minor increase in trips will have a negligible effect on the performance of the existing street network. The proposed project will not conflict with transportation plans, including the Los Angeles County Congestion Management Program. Impacts will be less than significant.“ The proposed changes to Tank #1 would not affect the trip generation that was analyzed in the SWIP MND since there is no proposed increased in size, function or use. Nor would there be any increases in anticipated number of employees. Trip generation would not be greater than those identified in the SWIP MND. Traffic impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. Airport Traffic/Alternative Transportation The SWIP MND analyzed potential airport traffic and alternative transportation impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would not occur. Page 65 and page 66 of the SWIP MND states the following: “Due to its distance from the airport, the project elements are not located in an airport land use plan or airport limited (e.g., safety-restricted) area. In addition, the project elements are not in established flight paths for the Santa Monica Airport and will not construct any structures or features that could interfere with air traffic. Construction of the proposed project will involve the use of crane equipment; however, this will not affect air traffic patterns. Therefore, this project will have no impact.” “The proposed project will not disrupt existing rail/bus service nor will it require the relocation of existing bus stops.” The proposed relocation of Tank #1 to the Civic Center would not result in greater impacts related to airport traffic and alternative transportation than those identified in the SWIP MND. Tank #1 would be placed underground. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts related to airport traffic and alternative transportation. No impacts would occur, consistent with the SWIP MND. Hazardous Design/Emergency Access The SWIP MND analyzed potential hazardous design and emergency access impacts related to the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Page 65 of the SWIP MND states the following: “The proposed project involves the construction of sustainable water infrastructure at several distinct sites, and will not include hazardous design features such as dead ends, sharp curves, or dangerous intersections. The project also will not include incompatible uses (e.g., farm equipment).” ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 27 of 28 “During project construction, there are no expected lane closures and emergency access will be maintained at all times. Construction of the recycled water tre atment plant may require the temporary closure of one or two driveways at the Civic Center parking lot. In the event that temporary closure of a driveway is required, a secondary detour driveway will be provided to ensure that access to the parking lot wil l be maintained for the Civic Center uses. Further, the project will be reviewed by the SMFD and SMPD prior to issuance of building permit to ensure adequate access.” The proposed relocation of Tank #1 to the Civic Center would not result in greater impact s related to hazardous design/emergency access than those identified in the SWIP MND. Tank #1 would be placed underground. Therefore, changing the location of Tank #1 to the Civic Center parking lot would not result in impacts related to hazardous design/emergency access. Impacts would be less than significant, consistent with the SWIP MND. UTILITIES AND SERVICE SYSTEMS The SWIP MND analyzed potential utilities and infrastructure impacts that could occur as a result of the SWIP, including construction of Tank #1, and determined that impacts would be less than significant. Pages 70-71 of the SWIP MND states the following: “The proposed project will increase the City’s capacity to treat and reuse wastewater, stormwater, and brackish/saline groundwater, as well as reduce the City’s demand for environmentally costly imported water. As such, the project will not require construction of new or expanded water or wastewater treatment facilities beyond what is proposed as part of the SWIP. Impacts will be less than significant…. The proposed project involves construction of stormwater harvesting facilities (Element 3), including a 3.0-MG tank beneath Memorial Park and a 1.5-MG tank beneath the Civic Center Parking Lot. The Memorial Park tank will harvest stormwater from two storm drains, one beneath Santa Monica Boulevard and another from beneath Broadway, both with diversions at 15th Street. Currently, flows from these two storm drains are discharged at the Pico-Kenter Outfall into the Pacific Ocean. The 1.5-MG stormwater collection and holding tank will be constructed adjacent to the recycled water treatment facility proposed in Element 2 of this project. This tank will primarily harvest stormwater from the approximately a portion of the Pico-Kenter sub drainage tributary area and the 6.2-acre Civic Center parking lot to store for treatment at the proposed recycled water treatment facility. A secondary use for this tank will be to serve as a settling tank for stormwater collected from the Memorial Park harvesting tank. Water will be delivered from the Memorial Park tank to the proposed recycled water treatment facility through the City’s existing stormwater drainage facilities. Together, these harvesting tanks act as stormwater control measu re BMPs. They also contribute to the Santa Monica Bay Jurisdictional Groups 2 and 3 EWMP compliance and help improve beach water quality at the Pico -Kenter outfall. The proposed project will not result in the need of new or expanded stormwater drainagefacilities beyond what is proposed as part of the SWIP design …. A stated purpose of the SWIP is to reduce the City’s demand for imported water supplies and work towards water supply self -sufficiency. Through the treatment and reuse of wastewater, stormwater runoff, and brackish/saline water resources in the City, the proposed project will increase the availability of local water resources and help to reduce demand for imported water purchased from MWD. Therefore, implementation of the project will not require new or expanded entitlements and will ultimately have a beneficial impact to the available water supply for the City of Santa Monica. No impact will occur.” ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND Addendum to the Sustainable Water Infrastructure Project MND October 2018 Page 28 of 28 The proposed relocation of Tank #1 would not result in additional water use, wastewater generation, solid waste generation, or energy use greater than analyzed in the SWIP MND there is no proposed increased in size, function or use. Tank #1 is still proposed to harvest stormwater from the Pico-Kenter drainage area, thus decreasing City wastewater generat ion and reducing City demand on potable water use. Utilities impacts associated with the SWIP, including the proposed changes to Tank #1 would be less than significant and would be consistent with those identified in the SWIP MND. MANDATORY FINDINGS OF SIGNIFICANCE The currently proposed SWIP Tank#1 would not substantially change the analysis presented in the SWIP MND or mandatory findings of significance that were adopted for the approved SWIP. CONCLUSION As demonstrated in this Addendum, the proposed changes to SWIP Tank #1 would not generate new significant environmental impacts or increase the severity of impacts identified in the adopted SWIP MND. 1 City Council Meeting: November 27, 2018 Santa Monica, California RESOLUTION NUMBER _________ (CCS) (City Council Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA MONICA ADOPTING AN ADDENDUM TO THE CEQA INITIAL STUDY/MITIGATED NEGATIVE DECLARATION FOR THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT WHEREAS, the California Environmental Quality Act (CEQA) Initial Study/Mitigated Negative Declaration (IS/MND) for the Sustainable Water Infrastructure Project (SWIP) was adopted by City Council on September 27, 2016; and WHEREAS, an Addendum to the SWIP IS/MND was prepared in compliance with the CEQA; and WHEREAS, the Addendum to the SWIP IS/MND did not identify new or substantially more severe environmental effects from the adopted SWIP IS/MND; and WHEREAS, a Notice of Availability of an Addendum to SWIP IS/MND was published in the Santa Monica Daily Press and City Planning website on October 24, 2018; and WHEREAS, notification was to the mailed to State Clearinghouse, and all addresses within 750 feet of the amended project elements; and 2 WHEREAS, the Addendum to the Mitigated Negative Declaration was made available for public comment for 14-days, beginning on October 25, 2018 and ending at 5:30 p.m. on November 7, 2018; and WHEREAS, on November 27, 2018, the City Council reviewed the Addendum to the Mitigated Negative Declaration; and WHEREAS, the City continues to comply with State Water Resources Control Board’s executed funding agreement to construct certain public facilities and improvements relating to its water and wastewater system as part of the SWIP, including certain treatment facilities, pipelines, and other infrastructure. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA MONICA DOES RESOLVE AS FOLLOWS: SECTION 1. The City Council has reviewed and considered the Addendum to the SWIP Initial Study / Mitigated Negative Declaration together with the comments received during the public review process, prior to acting on the Addendum. SECTION 2. The City Council finds that the Addendum to the SWIP Initial Study / Mitigated Negative Declaration did not identify new or substantially more severe environmental effects from the proposed changes to the project. SECTION 3. With mitigation measures identified in the adopted SWIP Initial Study/ Mitigate Negative Declaration, the proposed changes would have less than significant impacts on Biological Resources, Cultural Resources, and Construction Effects. No impacts would occur or impacts would be less than significant for the remaining environmental factors considered pursuant to CEQA. 3 SECTION 4. To ensure that mitigation measures are properly implemented, a Mitigation Monitoring and Reporting Program was prepared and will be enforced during construction and operation of the SWIP. SECTION 5. The City Council finds, based on the whole record before it, including the Addendum to the SWIP Initial Study/ Mitigated Negative Declaration and any comments received, that with incorporation of the proposed mitigation measures, there is no substantial evidence in light of the whole record that the changes to the project will have a significant effect on the environment, and that the Addendum to the SWIP Initial Study/ Mitigated Negative Declaration reflects the City’s independent judgment and analysis. Therefore, the City Council hereby adopts the Addendum to the SWIP Initial Study/ Mitigation Negative Declaration. SECTION 6. Consistent with Public Resources Code Section 21081.6 (a) (2), the documents which constitute the record of proceedings for approving the addendum for this project are located in the City Clerk Department, 1680 Main Street, Santa Monica, California. The custodian of these documents is City Clerk. SECTION 7. The City Clerk shall certify to the adoption of this resolution, and thenceforth and thereafter the same shall be in full force and effect. APPROVED AS TO FORM: _________________________ LANE DILG City Attorney 1 Vernice Hankins From:Nikki Kolhoff <nhkolhoff@yahoo.com> Sent:Tuesday, November 27, 2018 12:03 PM To:councilmtgitems Cc:Ann Maggio; Clerk Mailbox; Nicole Kolhoff Subject:Re: City Council Meeting - Consent Item J - OPPOSE Resolution for SWIP MND Attachments:2016 SWIP MND HLKK Comments.pdf; 2004 CCSP EIR Checklist.pdf Here are the attachments. Ann Thanawalla Nikki Kolhoff On Tuesday, November 27, 2018, 12:00:08 PM PST, Nikki Kolhoff <nhkolhoff@yahoo.com> wrote: Dear City Council and Mayor Winterer - Statement: Placing both SWIP Elements #2 and #3 on location at the Civic increases the scope of the project beyond one acre. Therefore, we do not believe the Addendum to the Sustainable Water Infrastructure Project MND, dated October 2018, is sufficient because it has not provided an adequate environmental analysis nor studied the environmental effects of the entire project. (See Laurel Heights Improvement Ass’n v Regents of Univ. of Cal. (1988) 47 C3d 376.) Given the scope of the SWIP project remains unclear, the public is requesting an extension of the SWIP MND comment period (See State CEQA Guidelines § 15073) and a public meeting to determine the scope, impact, and viability of elements #2 and #2 of the SWIP project. Questions: Why does the SWIP project at the Civic Center NOT require an EIR? o Initial negative declaration was done with two locations and each was under one acre, giving the appearance that each component was under the de minimus levels and not requiring an EIR. o Now Staff is trying to say the change to consolidate the locations from Memorial Park to the Civic Center is a second de minimus change. o However, now the consolidated project at the Civic Center is over one acre in size (1.09 acres) and was never contemplated in the 2004 CCSP EIR (“CCSP EIR”). According to the SWIP IS-MND, “Localized Significance Thresholds have been developed for emissions in construction areas up to five acres in size. The SCAQMD provides lookup tables for sites that measure one, two, or five acres. The individual Element sites would each measures less than one acre and are located in Source Receptor Area 2 (SRA-2) Northwest Coastal Los Angeles. LSTs for construction on a one acre site in SRA 2 are shown in Table 2.” Therefore, the SWIP requires an addendum to the EIR and an amendment to the CCSP. Neither the 2016 nor 2018 MNDs analyze the environmental impacts listed in the CCSP EIR as “Potential Significant Impacts” or “Less Significant Impacts with Mitigation Incorporated” that are implicated by SWIP, which was NOT analyzed in the CCSP EIR (see attached). Why not? Item 3-J 11/27/18 1 of 5 Item 3-J 11/27/18 2 Why do we want this happening in our Civic Center? The primary use water being treated is sewage (wastewater), not stormwater or urban runoff. “As part of Element 2, the City will construct an underground, recycled water treatment facility at a location beneath the existing Civic Center parking lot. When completed, the recycled water facility will be capable of advance treatment of up to 1.0 MGD of municipal wastewater. The treatment plant will be sourced primarily by nearby City sanitary sewers and will utilize, among other things, membrane bio-reactor (MBR)-type technology and RO filtration. A seasonal secondary source of water for treatment and reuse will be stormwater harvested by the runoff storage tanks described in SWIP Element 3.” (SUSTAINABLE WATER INFRASTRUCTURE PROJECT INITIAL STUDY / MITIGATED NEGATIVE DECLARATION August 2016 Page 7 of 124 ) What is the total cost? We recall an initial expense of $13 million and $57 million in State loans. What value do residents get from this project when it appears to be used to prop up water supply numbers for additional private development, when the project actually generates NO POTABLE WATER? It looks like RAND, the bowling alley replacement, the ECLS and the CSB get their sewage collected and 500 Broadway gets Purple Pipes to service the 500 Broadway DA so it can claim “No Net New Water” even though that project, like the Water Garden nearly two decades ago, is STILL NOT permitted for flushing toilets. The public is therefore on the hook for paying $70+ million for mostly private development benefits. (see Comments HLKK2 #11, #12 below) “Initially, the advanced treated water from SMURRF will be distributed through the City's existing reclaimed (purple) pipe system for non-potable use. When the advanced treatment system is fully operational and permitted, the City will begin to use a portion of this water to replenish its groundwater aquifers via injection for indirect potable use (discussed further in Section X, Hydrology and Water Quality). The RO concentrate produced by the RO-upgraded SMURRF and at the SWIP recycled wastewater treatment facility will be blended with City sanitary sewer flows for treatment at the existing City of Los Angeles Hyperion Treatment Plant.” Has the City notified the school district, parents and students and discussed the potential health impacts with them? Has the City notified SMC and the Growing Place and discussed the potential health impacts with them? Has the City notified the Rec & Parks Commission, FSAC or Field Advocates about the change to Memorial Park and the potential health impacts of this project on the Sports Field? What impact will more than doubling the size of the SWIP at the Civic Center have on the Sports Field? o Will this be built before or after the Sports Field? o The twice plus size amounts to more than a one acre whole in the ground. Is there a scaled drawing with all elements shown to confirm there is space for the SWIP, the ECLS and its fire lanes, and the Sports Field at the Civic Center? If not, the ECLS should be halted now or the SWIP can’t move forward. The Sports Field benefits thousands of residents and must move forward. o SWIP Elements #2 and #3 require approval from the Coastal Commission. While most of the SWIP is underground there are ventilation elements to the project, and access elements (stairwell, a ventilation shaft and an elevator) that extend above ground. The construction period will be at least 22 months, disrupt parking and create toxic traffic with 48 truckloads per day passing through this heavily populated area. How is this an appropriate topic for a Consent Item? Scope of SWIP Project Item 3-J 11/27/18 2 of 5 Item 3-J 11/27/18 3 SWIP element Water Volume Dig size /footprint Soil removal Daily truck loads Above Grade Days on Site #2 recycled water facility .041 acres 6,200 cubic yards 10-12 Stairwell access & Elevator Access points & Ventilation shaft 520 days Tank #1 1.5 - MG Million gallons 0.15 acres 8,458 cubic yards 10-12 Tank #2 (relocated from Memorial) 3.0 - MG Million gallons .053 acres 17,000 cubic yards 20-24 401 days TOTAL 4.5 -MG 1.09 acres 31,658 cubic yards 40 - 48 loads per day Initial Study/Mitigated Negative Declaration for the Sustainable Water Infrastructure Project (SWIP)  Why doesn’t the MND or Staff Report address the issues raised in 2016 by Harding Larmore Kuptz and Kozal (“HLKK”), which are perhaps more relevant now with the larger project size? We have attached the entirety of HLKK’s 2016 comments and incorporate them herein by reference. For ease of reading, we have inserted a few below as well. o Comment HLKK2 #7 The potential for future use of SWIP’s recycled water for toilet flushing in residential or mixed-use buildings is not disclosed anywhere in the Draft MND, including in any of the three elements identified in the SWIP MND project description. As confirmed in our August 8, 2016 comment letter, our client’s understanding from discussions with the City had been that the scope of does not include or contemplate use of its recycled water for toilet flushing in residential and/or mixed-use residential buildings. In that regard, I contacted the City’s EIR Planner Rachel Kwok on July 27, 2016 requesting clarification on this issue and she indicated to me that her understanding was that SWIP recycled water would not be used for toilet flushing in residential and/or mixed-use residential building. Ms. Kwok indicated that she would need to confirm this with Tom Watson, but thought that this clarification could be added prior to publishing the Final MND. After not hearing back from the City to the contrary, I submitted the August 8, 2016 letter formally requesting that this clarification be made in the MND project description. On August 17, 2016 (only three days before the close of the MND comment period), City Staff informed us in a conference call apparently spurred by our comment letter that there is a future possibility that the SWIP water might be used for toilet flushing in residential and/or mixed-use residential buildings. Following that conference call, I received a telephone call from Deputy City Attorney Susan Y. Cola in which she stated that Title 22 does not currently permit direct delivery of recycled water into residential homes. Thus, our client remains confused about the scope of the SWIP project, and it appears the City is as well. o Comment HLKK2 #8 The MND needs an accurate, stable and finite project description. Courts have held, “An accurate, stable and finite project description is the sine qua non Item 3-J 11/27/18 3 of 5 Item 3-J 11/27/18 4 of an informative and legally sufficient EIR.” (County of Inyo v. City of Los Angeles (1977) 71 CA3d 185, 192.) In this instance, although City Staff has prepared an MND rather than an EIR for this project, the stability of the project description is equally important. If the SWIP project is reasonably like to lead to use of its recycled water for toilet flushing in residential or mixed-use buildings, then the project description in the Draft MND is not accurate as it completely ignores this potential future use. If the MND’s project description does not describe the entire project, then it appears likely that the MND’s environmental analysis may not have studied the environmental effects of the entire project. (See Laurel Heights Improvement Ass’n v Regents of Univ. of Cal. (1988) 47 C3d 376.) o Comment HLKK2 #9 The State CEQA Guidelines explain the “project” is the “whole of an action, which has a potential for resulting in either a direct physical change in the environmental or a reasonably foreseeable indirect physical change in the environment.” (State CEQA Guidelines §15378(a).) In this regard, Laurel Heights provides that the environmental analysis “must include an analysis of the environmental effects of future expansion or other action if: (1) it is a reasonably foreseeable consequence of the initial project; and (2)the future expansion or action will be significant in that it will likely change the scope or nature of the initial project or its environmental effects.” Thus, if the SWIP project includes the reasonably foreseeable future use of its recycled water for toilet flushing in residential or mixed-use buildings, then this must be described in the SWIP project description and the MND must study whether this future expansion of the use of the recycled water produced by the SWIP project will have the potential for any significant environmental effects, including public health and safety impacts. o Comment HLKK2 #10 We believe this may be the most productive way to move forward, as that meeting may clarify whether our client will have an interest in retaining a water quality expert to further evaluate the Draft MND from a technical standpoint. We have been informed that the City may have deadlines by which the MND needs to be completed in order to apply for certain grant funding related to the SWIP project. Thus, our client is prepared to make themselves available to meet as soon as the City is able. Please feel free to contact me to schedule the requested meeting and/or if you have any questions. Response to HLKK2 #10 This comment requests extension of the MND comment period and a meeting with the City to discuss the scope of the proposed SWIP project. o Comment HLKK2 #11 If none of the above solutions are pursued by the City and it is reasonably foreseeable that the SWIP project will result in the City’s use of recycled water for toilet flushing in residential or mixed use buildings, then we reserve the right to assert the SWIP MND is legally deficient due to (a) failing to have an accurate and clear project description and (b) failing to study the reasonably foreseeable use of SWIP water for toilet flushing in residential or mixed-use buildings which is likely to change the project’s environmental effects. o Comment HLKK2 #12 Specifically, our client is concerned about ensuring there is no potential public health risk to individuals and animals occupying the residential units where recycled water is used for toilet flushing, especially sensitive users such as children and pets who may reasonably come into direct contact with (including ingesting) the recycled water. We anticipate the environmental analysis would need to consider the water quality standard proposed for use of recycled water for toilet flushing in residential homes, the roles of the State, County and City in establishing these SUSTAINABLE WATER INFRASTRUCTURE PROJECT INITIAL STUDY / MITIGATED NEGATIVE DECLARATION August 2016 Page 111 of 124 standards and monitoring to ensure the water consistently meets these standards, a health risk assessment, an Item 3-J 11/27/18 4 of 5 Item 3-J 11/27/18 5 assessment of odors, and a consideration of alternatives. There may be other potential environmental effects; however, given the lack of clarity in the project description our client and other members of the public have not had time to fully consider or analyze the additional potential environmental effects. At a minimum, the MND should incorporate the City’s SMURRF water usage requirements included in Section 2.8.5(b) the 500 Broadway DA as mitigation measures. In this regard, this comment letter is submitted without prejudice to the purple pipe and SMURRF water usage requirements in Section 2.8.6 of the 500 Broadway DA. Thank you. Ann Thanawalla Nikki Kolhoff Item 3-J 11/27/18 5 of 5 Item 3-J 11/27/18 REFERENCE: Resolution No. 111150 (CCS)