SR 11-27-2018 3J
City Council
Report
City Council Meeting: November 27, 2018
Agenda Item: 3.J
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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
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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.
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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
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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
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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
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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
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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
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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
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FIGURE 1 - PROJECT LOCATION
ADDENDUM TO THE SWIP MND
Addendum to the SWIP MND
October 2018
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FIGURE 2 – SWIP MAP
ADDENDUM TO THE SUSTAINABLE WATER INFRASTRUCTURE PROJECT MND
Addendum to the Sustainable Water Infrastructure Project MND
October 2018
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FIGURE 3 –SWIP CIVIC CENTER LOCATION
ADDENDUM TO THE SWIP MND
Addendum to the SWIP MND
October 2018
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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
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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
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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
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FIGURE 4 –PROPOSED SWIP CIVIC CENTER SITE PLAN
ADDENDUM TO THE SWIP MND
Addendum to the SWIP MND
October 2018
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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
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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
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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
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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
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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.”
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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.
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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.
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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
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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.
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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
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October 2018
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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.
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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
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October 2018
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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
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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:
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“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?
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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
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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
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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
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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
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REFERENCE:
Resolution No. 111150
(CCS)