CITY OF CARSON - File #: 2018-208

• File #: 2018-208
• Version: 1
• Type: Special Order
• Status: Agenda Ready
• File created: 3/24/2018
• In control: City Council
• On agenda: 4/3/2018
• Title: AMENDMENT AND UPDATE TO BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN): A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON (1) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT TO THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 20050551059) FOR THE PROPOSED AMENDMENT TO THE BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN) AND RELATED DEVELOPMENT THEREUNDER INCLUDING 1250 RESIDENTIAL UNITS AND 1,834,833 SQ. FT. OF COMMERCIAL USES WITHIN THE 157 ACRE PROPERTY DESCRIBED IN THE SEIR LOCATED SOUTHWEST OF INTERSTATE 405 FREEWAY, SOUTH OF DEL AMO BOULEVARD AND NORTH OF THE AVALON BOULEVARD INTERCHANGE; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND A RESOLUTION OF THE CITY COUNCIL OF T...

Report to Mayor and City Council

Tuesday, April 03, 2018

Special Orders of the Day

SUBJECT:                     

Title

AMENDMENT AND UPDATE TO BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN):

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON (1) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT TO THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 20050551059) FOR THE PROPOSED AMENDMENT TO THE BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN) AND RELATED DEVELOPMENT THEREUNDER INCLUDING 1250 RESIDENTIAL UNITS AND 1,834,833 SQ. FT. OF COMMERCIAL USES WITHIN THE 157 ACRE PROPERTY DESCRIBED IN THE SEIR LOCATED SOUTHWEST OF INTERSTATE 405 FREEWAY, SOUTH OF DEL AMO BOULEVARD AND NORTH OF THE AVALON BOULEVARD INTERCHANGE; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CARSON APPROVING SPECIFIC PLAN AMENDMENT NO. 10-17 TO AMEND AND RESTATE IN ITS ENTIRETY THE BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN) FOR A 168-ACRE PLANNING AREA GENERALLY LOCATED SOUTHWEST OF THE INTERSTATE 405 FREEWAY AND NORTH OF THE AVALON BOULEVARD INTERCHANGE IN THE CITY OF CARSON

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I.                     SUMMARY

On January 23, 2018, the Planning Commission held a public hearing and adopted resolutions to, (Exhibit No 1):

1.                     Approve the initiation for the amendment of the Boulevards at South Bay Specific Plan (to be renamed The District at South Bay Specific Plan);

2.                     Recommend that City Council  adopt findings required by California Environmental Quality Act (CEQA) Guidelines, certify the Supplemental Environmental Impact Report (SEIR), adopt the proposed mitigation monitoring and reporting program, and adopt a Statement of Overriding Considerations pursuant to CEQA, (Exhibit No. 2); and 

3.                     Recommend approval to City Council to amend and update the Boulevards at South Bay Specific Plan (Exhibit No. 3); and 

In addition, the Planning Commission approved the Site Plan and Design Review (DOR) and Comprehensive Sign Program for development of a new regional commercial use and sign program (Exhibit No. 4), which approval is contingent upon the following City Council actions:  certification of the SEIR and adoption of the Specific Plan Amendment. (Exhibit Nos. 5 and 6).  Unless timely appealed following such action by the City Council, the Site Plan and Design Review (DOR) and Comprehensive Sign Program will be final.

The City Council is being asked to review and approve items 2 and 3 above (Supplemental Environmental Impact Report and Specific Plan Amendment).

II.                     RECOMMENDATION

Recommendation

1. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 18-042 OF THE CITY COUNCIL OF THE CITY OF CARSON (1) ADOPTING THE FINDINGS REQUIRED BY CEQA GUIDELINES, SECTION 15091; (2) CERTIFYING THE SUPPLEMENTAL ENVIRONMENTAL IMPACT REPORT TO THE FINAL ENVIRONMENTAL IMPACT REPORT (SCH NO. 20050551059) FOR THE PROPOSED AMENDMENT TO THE BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN) AND RELATED DEVELOPMENT THEREUNDER INCLUDING 1250 RESIDENTIAL UNITS AND 1,834,833 SQ. FT. OF COMMERCIAL USES WITHIN THE 157 ACRE PROPERTY DESCRIBED IN THE SEIR LOCATED SOUTHWEST OF INTERSTATE 405 FREEWAY, SOUTH OF DEL AMO BOULEVARD AND NORTH OF THE AVALON BOULEVARD INTERCHANGE; (3) ADOPTING THE PROPOSED MITIGATION MONITORING AND REPORTING PROGRAM, AND (4) ADOPTING A STATEMENT OF OVERRIDING CONSIDERATIONS, PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT; AND

2. WAIVE FURTHER READING AND ADOPT RESOLUTION NO. 18-043 OF THE CITY COUNCIL OF THE CITY OF CARSON APPROVING SPECIFIC PLAN AMENDMENT NO. 10-17 TO AMEND AND RESTATE IN ITS ENTIRETY THE BOULEVARDS AT SOUTH BAY SPECIFIC PLAN (TO BE RENAMED THE DISTRICT AT SOUTH BAY SPECIFIC PLAN) FOR A 168-ACRE PLANNING AREA GENERALLY LOCATED SOUTHWEST OF THE INTERSTATE 405 FREEWAY AND NORTH OF THE AVALON BOULEVARD INTERCHANGE IN THE CITY OF CARSON

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III.                     ALTERNATIVES

TAKE such other action as the City Council deems appropriate, consistent with the requirements of the law.

IV.                     BACKGROUND

History

The Carson Marketplace Specific Plan was adopted by the City in 2006 and amended in 2011. At the time of the 2011 amendment (Amendment No. 1), it was renamed the Boulevards at South Bay Specific Plan. The Carson Marketplace Specific Plan, as amended and renamed the Boulevards at South Bay Specific Plan, governs development within a 168-acre parcel (Project site) within the City of Carson located southwest of the 405 Freeway and north of Avalon Boulevard.  The existing Specific Plan is proposed to be amended by the City of Carson to update the development standards and guidelines and to establish new regulations for future development for a 157-acre portion of the Specific Plan area (proposed modified Project) located south of Del Amo Boulevard, which was formerly a landfill (Amendment No. 2). The Specific Plan, with implementation of the requested specific plan amendment (SPA) is now proposed to be renamed The District at South Bay Specific Plan.

The SPA establishes the components of the project, standards, character, location, and implementation strategy for future development at the Project site. The purpose is to implement the vision for urban infill and the reuse and recycling of land through the establishment of land uses, design criteria, development regulations, infrastructure plans and implementation procedures that will guide development in an orderly fashion, consistent with City policies and procedures. The intent is also to implement and provide consistency with the goals, objectives and policies of the City of Carson General Plan. The SPA is forward thinking in that it allows some degree of flexibility in its implementation to accommodate the inevitable changes in economic conditions, market dynamics and technological advances that occur over time.

The SEIR supplements the previously approved FEIR prepared for the Project site in 2006 and focuses on the 157 acre portion (the Property) located south of Del Amo Boulevard, which operated as a Class II landfill from 1959 until 1965.  Because changes in land use and other physical changes to the environment are not proposed for the 11 acres of land north of Del Amo Boulevard which did not have landfill uses, development of that area is not included in the proposed modified Project analyzed in the FEIR, but is treated as a related project for purposes of the analysis.  In 2009, an addendum to the 2006 FEIR was prepared and subsequently adopted to discuss changes in the remedial systems on the Property (the 2006 FEIR and Addendum are referred to collectively as the FEIR). As referenced above, in 2011, the City, relying upon the FEIR, amended the Carson Marketplace Specific Plan and renamed the Specific Plan as The Boulevards at South Bay.  The development contemplated by the Boulevards at South Bay is referred to below and in the SEIR as the approved Project.  During its period of ownership, Carson Marketplace LLC began to implement certain remedial actions to enable development of the approved mixed-use development project. The SPA is proposed in order to carry out the currently proposed development of the Property.

Project Ownership

The Carson Reclamation Authority (CRA) currently owns and intends to horizontally master develop the 157 acre Property.  CRA took ownership of the Property during the NFL’s bid for a new stadium in 2015.  CRA has retained RE Solution (RES) as the horizontal master developer to lead the construction of the Property including completion of the remediation in order to achieve Department of Toxic Substance Control (DTSC) certification of the former landfill and preparation for vertical construction. 

Specific Plan Differences

While the SPA contains many similarities to the existing Specific Plan, modifications between the existing Boulevards at South Bay Specific Plan and the proposed Specific Plan Amendment include:

A.                     Minor modification of the internal circulation including moving the main entry to the west and modification of the Del Amo entry cross section to include the entire curb-to-curb area on native land (Figures 5.1a and 5.1c of the Specific Plan, Exhibit 7)

Existing Cross Section

Proposed Cross Section

B.                     Reduction in overall commercial square footage, but with an increase of 50 hotel rooms and an increase in maximum permitted floor-area ratio (FAR) from 0.33 FAR to 0.50 FAR for commercial uses.  Taking into account both changes still results in a reduction in total square footage of the Project Site.

C.                     Changes to certain allowed uses, including to allow outlet retail in PA 2, to allow retail stand-alone stores of greater than 50,000 square feet in PA 1 with an Administrative Permit and CEQA review (as applicable), and other modifications to the permitted uses chart;

D.                     Updates to lighting and signage;

E.                     Removal of Redevelopment Agency required affordable housing to reflect the elimination of the Redevelopment Agency;

F.                     Phased occupancy of cells and modifications to boundaries between uses on the Property to conform to the remediation program (cell) boundaries;

G.                     Changes to development standards, design guidelines, and design standards to reflect the proposed outlets, which utilizes podium construction over parking;

H.                     Reduction in total parking requirements to 4 parking spaces per 1,000 square feet of commercial development from 5 per 1,000 square feet (while a reduction from the Boulevards at South Bay Specific Plan, this is still greater than what is required by Carson Municipal Code which requires 3.3 spaces per 1000 square feet);

I.                     The potential, with a General Plan Amendment, to increase the density of residential units on PA 1 from 60 to 80 dwelling units per acre (du/ac); and,

J.                     Other modifications, such as clarification and streamlining of the Implementation and Administrative Review process:

Specific Plan Updates

Permitted Uses

Changes to this section include clarifications of new uses, deletion of undesirable or obsolete uses, addition of prohibited uses, and changes to the permit requirements. 

Signs

Updates to this section include addition of two options for the freeway Icon Pylon signs with one option including three pylon signs and the other four pylon signs (of which 2 will be static and 2 digital), eliminating 10 freeway adjacent monument signs and 2 Main Street Monuments with Tower Element with 3 entry monuments at major entries, reducing the number of Project Name ID signs from 10 to 9 and redistributing the locations to provide better identification to the project tenants.

Implementation

At the Planning Commission Workshop, concerns were expressed regarding the authority of staff to approve all development projects.  This section was updated to transfer approval of development projects to the Planning Commission.  Additional changes include updates to the approval process and findings.

In addition, since the January 21, 2018 Planning Commission meeting, modification to Figure 6.6a (including minor relocation of Freeway Icon Pylon signs), and to Figure 5.1b (to include a footnote to clarify the street section designations for Street A) are the only proposed updates.

Figure 6.6a

California Environmental Quality Act (CEQA)

The SEIR was prepared as a supplement to the previously approved FEIR in order to evaluate the changes to the approved Project proposed by the modified development plan, Specific Plan Amendment, and related entitlements (the proposed modified Project), and to determine whether substantial changes in circumstances surrounding the Property and the approved Project (if any), and new information of substantial importance (if any), require further analysis under CEQA, Exhibit Nos 8 and 9.

Purpose of the SEIR

The SEIR compares the proposed modified Project to the existing approvals to determine if the proposed changes will require major revisions to the certified FEIR because of any new significant impacts, changes in circumstances or substantial new information that was not previously evaluated. The SEIR carries forward mitigation measures from the certified 2006 FEIR, with modifications as warranted, and includes new mitigation measures to address potential impacts of the proposed modifications to the approved Project.

Review Process

A.                     Initial Study/ Notice of Preparation (NOP) (August 1, 2017)

B.                     Public Scoping Period (August 1 - August 31, 2017)

C.                     Public Scoping Meeting (August 23, 2017)

D.                     Draft SEIR released for 45-day Public Review Period (October 3, 2017 - November 17, 2017)

E.                     Final SEIR/ Response to Comments

F.                     Project Entitlement Consideration and SEIR Certification

Topics analyzed in the SEIR

A.                     Air Quality

B.                     Geology and Soils

C.                     Land Use and Planning

D.                     Noise

E.                     Traffic and Circulation

F.                     Visual Resources

G.                     Utilities (Wastewater and Solid Waste)

H.                     Effects Found Not to be Significant (including: agricultural and forestry resources, biological resources, cultural resources, etc.)

I.                     Other Environmental Considerations (including new regulations related to greenhouse gas emissions, energy, etc.)

Additions and Corrections

The Additions and Corrections chapter of the Revised Final SEIR provides a consolidated section that summarizes any update for clarification between the Public Draft SEIR and Revised Final SEIR. Clarifications to the Draft SEIR include those provided as a result of response to public and agency comments received in response to the Draft SEIR during the public review period of October 3, 2017, through November 17, 2017, and/or new information that has become available since publication of the Draft SEIR. Comments were provided by agencies, by the general public, and during comments at a public meeting and Planning Commission workshop. The preparers of the Draft SEIR also reviewed the documents for any additional errata updates. The clarifications do not result in any new or increased significant environmental impacts that would result from the proposed modified Project. The revised text does not provide new information that identifies new significant environmental impacts; does not identify mitigation measures that, if implemented, would result in significant environmental impacts; and considerably different alternatives or mitigation measures were not identified that would clearly lessen the significant environmental impacts of the proposed modified Project but which the lead agency declines to adopt. In sum, the text changes do not change any of the conclusions presented in the Draft SEIR in a manner that would require recirculation of the SEIR.

Impact Summary                     

Response to Written Comments

CEQA Guidelines Section 15088(a) states that “The lead agency shall evaluate comments on environmental issues received from persons who reviewed the draft EIR and shall prepare a written response. The lead agency shall respond to comments that were received during the noticed comment period.” In accordance with these requirements, a chapter is provided in the Revised Final SEIR that responds to each of the written comments received regarding the Draft SEIR. Comments were provided by public agencies such as: Office of Planning and Research; California Department of Transportation (Caltrans); South Coast Air Quality Management District (SCQAMD); Division of Oil, Gas, and Geothermal Resources (DOGGR); County of Los Angeles Department of Public Health; and individuals that live near the project area. Overall, seventeen written comments were received and responded to.

In general, written comments typically focused on items such as air quality, noise and traffic: 

•                     Air Quality - Like the approved project, significant and unavoidable impacts for construction and operation emissions are identified and no feasible or enforceable mitigation measure were identified that would reduce construction and operational emissions with respect to certain pollutants to a less than significant level, although reductions in emissions do occur in certain cases due to refinements in construction and other vehicle emissions since 2006. Fine particulate matter (PM2.5) impacts related to regional construction emissions are not significant for the proposed modified Project but would have been significant for the approved Project if PM2.5 had been regulated in 2006 and the approved project evaluated using the 2017 methodology. On the other hand, fine particulate matter (PM2.5) impacts related to regional operational emissions, for the proposed modified Project are substantially the same as for the approved Project, if PM2.5 had been regulated in 2006 and even with implementation of feasible mitigation, are significant and unavoidable.  Therefore, a new significant and unavoidable impact related to regional PM2.5 operational emissions would occur.

•                     Noise - Like the approved project, the proposed modified Project would result in a significant temporary increase in ambient noise and impacts would be significant even with implementation of mitigation. However, the analysis concludes the proposed modified Project would not result in any new significant impacts as compared to the approved Project with the additional mitigation proposed.

•                     Traffic and Circulation - A Transportation Impact Analysis (TIA) was prepared for the proposed modified Project and has been reviewed and approved by the City’s traffic engineer (provided in Appendix D, Transportation Impact Analysis, of the SEIR). It addresses the proposed modified Project changes and its impacts to issues of transportation and traffic compared to the FEIR. In addition to providing a comparison of the traffic impacts on roadways, intersections, freeways, and transit, the TIA also provides a detailed comparison of changes in the study area environmental setting between 2005 and 2017.

The TIA concludes that compared to the trip generation estimates presented in the FEIR, the SPA would result in approximately 11,733 (17.0 percent) fewer daily trips, 267 (11 percent) more A.M. peak hour trips, and 1,481 (26 percent) fewer P.M. peak hour trips as compared to the approved Project. Like the approved Project, application of the mitigation set forth in the FEIR would result in less than significant impacts as to those items for which feasible mitigation exists. Like the approved Project, this analysis further concludes that no feasible mitigation measures are available to mitigate the potentially significant impacts at certain study intersections or study freeway segments to less than significant levels; therefore, those impacts on service levels would be significant and unavoidable.  As shown below, the proposed modified Project results in a number of intersections with significant and unavoidable impacts.  Although the number of such intersections is greater than was disclosed in the FEIR for the approved Project, the proposed modified Project would have one less significant and unavoidable impact compared to the approved Project when analyzed using the same 2017 methodology.

Public Outreach

Public notice was provided to a larger area (500 foot radius) than required by State Law for the following meetings in order to obtain input from the surrounding community.

•                     Public Scoping Meeting - On August 23, 2017, the City held a scoping meeting to obtain input from the community on drafting the SEIR. Staff and the CEQA consultant were available to answer questions.  Staff obtained input from the audience and has incorporated it into the SEIR.

•                     Community Meeting - On October 25, 2017, the City hosted a neighborhood meeting to obtain public input and comments on the Draft Specific Plan Amendment and associated Draft SEIR. The proposed Fashion Outlets Los Angeles project was also introduced and Macerich was available to answer any questions. Eight members of the public attended and had general questions about the project. No written or verbal public comments were received on the Draft SEIR. 

•                     Planning Commission Workshop - On November 8, 2017, the Planning Commission held a public workshop to receive input and comments from the Planning Commission and the public on the proposed modified Project and associated Draft SEIR and proposed Fashion Outlets Los Angeles project. Staff and Macerich each gave detailed presentations. The Planning Commission suggested that where the SPA gave authority for the Planning Manager to make decisions, it should be the Director of Community Development instead, (Exhibit No. 10).

The Planning Commission also had a question about traffic impacts, specifically along Avalon Boulevard. Staff and project consultants responded that the analysis in the traffic study has concluded that with the development of the entire 157 acres and all related projects, the intersections near Avalon Boulevard will operate at acceptable levels.

Lastly, a comment regarding the residential private open space requirement was discussed.  The Carson Municipal code requires a minimum 130 square feet (sf) for studio to one-bedroom units and minimum 150 sf for greater than one-bedroom units; however the existing specific plan requires 60 sf average (50 sf min.) for studio to one-bedroom units; 75 sf average (65 sf min.) for 2-bedrooms; and 100 sf average (80 sf min.) for 3+bedrooms. No change to this standard from that in the Boulevards at South Bay Specific Plan is proposed.

Public Notice

Public notice was posted to the project site on March 21, 2018.  Notices were mailed to property owners and occupants on March 22, 2018. The agenda was posted at City Hall 72 hours prior to the City Council meeting.

Late Communication

A late comment was received on the Final SEIR by the State of California, Department of Caltrans (Caltrans).  This comment, and the City’s response, is attached to this Staff report (See Exhibit 11).

V.                     FISCAL IMPACT

NoneVI.                     EXHIBITS

1.                     Planning Commission Minutes, January 23, 2018 (pgs.19-25)

2.                     Planning Commission Resolution No. 18-2620 - Supplemental Environmental Impact Report (SEIR) (Under separate cover and can be found at <http://ci.carson.ca.us/content/files/pdfs/planning/theDistrict/04032018/PC_Resolution_18-2620_01-23-18_exhb2.pdf>  Hard copies will be available for review at the City Council meeting.) (pgs. 26-33)

3.                     Planning Commission Resolution No. 18-2621 - Specific Plan Amendment (pgs. 34-40)

4.                     Planning Commission Resolution No. 18-2622 - Site Plan and Design Review and Comprehensive Sign Program (contingently approved by Planning Commission) (pgs.41-45)

5.                     City Council Resolution No. 18-042 - Supplemental Environmental Impact Report (SEIR) (pgs.46-252)

6.                     City Council Resolution No. 18-043 - Specific Plan Amendment (pgs. 253-259)

7.                     District at South Bay Specific Plan (Under separate cover and can be found at <http://ci.carson.ca.us/content/files/pdfs/planning/theDistrict/04032018/SP_DistrictAtSouthBayFINAL_exhb7.pdf> Hard copies will be available for review at the City Council meeting.)

8.                     Revised Final Supplemental Environmental Impact Report (Under separate cover and can be found at <http://ci.carson.ca.us/content/files/pdfs/planning/theDistrict/04032018/Revised%20FINAL%20SEIR_exhb8.pdf> Hard copies will be available for review at the City Council meeting.)

9.                     Draft Supplemental Environmental Impact Report (Under separate cover and can be found at <http://ci.carson.ca.us/content/files/pdfs/planning/theDistrict/04032018/DistrictatSBSP_DSEIR_2017-10-02_exhb9.pdf>

Hard copies will be available for review at the City Council meeting.)

10.                     Planning Commission Workshop Minutes, November 8, 2017 (pgs. 260-267)

11.                     Late Communication - Caltrans comment letter (pgs. 268-274)

Prepared by:  Saied Naaseh, Community Development Director/ Ethan Edwards, Contract Planner