Local Audabon Warns of EIR Omissions on DWP Project

6-16-11

El Dorado Audubon                                                                                                California Chapter of The National Audubon  Society Long Beach, Seal Beach and surrounding  communities

June 13, 2011- City of Seal Beach-211 8th Street
Seal Beach, CA 90740

Att: Mark Persico, AICP, Director of Development  Services (562)431-2527
RE: Dept. of Water and Power Specific Plan  Amendment, Initial Study, June 2011

(Ed Note- This article is longer than we usually run…but Mary Parcell lists many potential environmental problems.)

Project Location: The project site is generally bounded by Marina Drive to the  north, 1st Street to the east, the Rivers End Cafe/beach  parking lot to the south, and the San Gabriel River to the  west.

We (local Audubon) are concerned  with open space (7O% in current plan), impact on wetlands per California  Coastal Act and Section 404 of the Clean Water Act, impact on migratory  wildlife corridors, and impacts on species Department of Fish and Game and US Fish and Wildlife Service (see  below).

Open Space
“The proposed project includes approximately 6.4  acres of open space/parkland, in addition to the residential uses discussed above. The DWP Specific Plan Amendment would revise  (Read ‘reduce’) the open space area from 70 percent to 60 percent within the  Specific Plan. Proposed park uses would include, but not be limited to: natural areas with trails, passive turf areas, and neighborhood-serving play areas (e.g., “tot-lots).”

Due to the value and sensitivity of our coastal  Resources:  We do not support the change from 70% to 60% of open space  (requires Specific Plan Amendment).  Also, questions have been raised that this is really a change from 70% to  50%!

California Coastal Commission: Coastal  Development Permit required

We support open space (30% and visitor serving use, hotel, (70%) as specified in existing plan.  Preference given to .100% open space due to location next to the San Gabriel River  and the ocean. “Coordination with other agencies and adjacent jurisdictions  referenced in this document may also be required, including, but not limited to: City of Long  Beach; Los Angeles County  Flood Control District; and California Department of  Transportation.”

There is no documentation from California Dept. of Fish and Game, US Fish and Wildlife Service, US  Army Corps of Engineers and other agencies with jurisdiction over  biological resources.

Potentially Significant Impacts have not been studied as follows:

-Create a new source of substantial light or glare which would adversely affect day or nighttime views in the area?- Potentially Significant Impact. There are two primary sources of  light: light emanating from building interiors  that pass through windows and light from exterior  sources (i.e., street lighting, parking lot lighting, building illumination, security lighting, and  landscape lighting). Light introduction can be a nuisance to adjacent uses, diminish the view of the clear night  sky and, if uncontrolled, can disturb wildlife in natural habitat areas. Lighting associated with  non-residential uses may cause spillover impacts to nearby sensitive receptors. No light sources currently exist at the project site (other than the residential unit located at the northwestern corner of the  project site).

Short-term light and glare impacts associated with construction  activities would likely be limited to nighttime lighting (for security purposes) in the evening hours.  In accordance with Title 7 of the Municipal Code, Public Peace, Morals and Welfare, the  project’s  construction activities would be limited to the hours of 7:00 a.m. to 8:00 p.m. on weekdays and between  8:00 a.m. and 8:00 p.m. on Saturday.

Construction activities are also prohibited on Sundays. Further  review is necessary to confirm whether potential construction-related lighting would create a new  source of substantial light or glare in the project area.

The project would result in the future development of residential uses and park/open space uses. The future uses would include street lighting, security lighting, and lighting associated with the interior of structures. These new light sources would create nighttime  lighting and glare in the project area. Thus, further review is necessary.

4.4 BIOLOGICAL RESOURCES

a) Have a substantial adverse effect, either directly or through  habitat modifications, on any species identified as a candidate, sensitive, or special status  species in local or regional plans, policies, or regulations, or by the California Department of  Fish and Game or U.S. Fish and Wildlife Service?

Potentially Significant Impact. The project site consists primarily of vacant land. The potential exists for candidate, sensitive, or special status species to be  located within the boundaries of the project site. Further review is necessary to confirm the project’s potential  impacts to candidate, sensitive, and special status species.

b) Have a substantial adverse effect on any riparian habitat or  other sensitive natural community identified in local or regional plans, policies, regulations or  by the California Department of Fish and Game or U.S. Fish and Wildlife Service?

Potentially Significant Impact. While no known riparian habitat is present on-site, based on the property’s proximity to the San Gabriel River and coastline,  there is a  potential for sensitive natural communities to occur on-site. Further review is necessary to confirm  the project’s potential impacts in this regard.

c) Have a substantial adverse effect on federally protected wetlands as defined by Section 404 of the Clean Water Act (including, but not limited to, marsh,  vernal pool, coastal, etc.) through direct removal, filling, hydrological interruption, or other  means?

Potentially Significant Impact. Currently, the site is undeveloped  (with the exception of one residential structure), and may have the potential to contain wetlands, as defined by the Army Corps of Engineers (ACOE) and California Coastal Commission (CCC).  Further review is necessary to confirm the project’s potential impacts to Federally protected  wetlands.

d) Interfere substantially with the movement of any native resident or migratory fish or wildlife species or with established native resident or migratory  wildlife corridors, or impede the use of native wildlife nursery sites?

Potentially Significant Impact. The potential for the project to  interfere with movement of species or to affect migratory wildlife corridors requires further  review.

Sincerely,

Mary Parsell – 1st VP & Conservation Chair, El Dorado Audubon SocietyCelebration 43 years of Conservation, Education and Citizen  Science

(Readers are encouraged to go to Monday’s Council Meeting June 20 at 7 p.m.