TO:
Honorable Mayor and Members of the City Council
THROUGH:
Bruce Moe, City Manager
FROM:
Erick Lee, Public Works Director
Talyn Mirzakhanian, Community Development Director
Katherine Doherty, City Engineer
Adam Finestone, Planning Manager
Jeff Fijalka, Senior Civil Engineer
Tari Kuvhenguhwa, Associate Planner
SUBJECT:Title
Conduct Public Hearing and Consideration of:
a) A Resolution Adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in Accordance with the California Environmental Quality Act (CEQA)
b) Conceptual Approval of the 28th Street Stormwater Infiltration Project Engineering Design
c) A Resolution Approving a Coastal Development Permit (Public Works Director Lee and Community Development Director Mirzakhanian)
(Estimated Time: 1 Hr.)
A) APPROVE CONCEPTUAL PROJECT LAYOUT
B) ADOPT RESOLUTION NOS. 24-0043 AND 24-0044
Body
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RECOMMENDATION:
Staff recommends that the City Council:
A. Adopt Resolution No. 24-0043 approving a Mitigated Negative Declaration and Adopting a Mitigation Monitoring and Reporting Program in accordance with the California Environmental Quality Act;
B. Provide conceptual approval of the Project engineering design for the 28th Street Stormwater Infiltration Project; and
C. If Resolution No. 24-0043 is adopted, also adopt Resolution No. 24-0044 approving a Coastal Development Permit for the Project.
EXECUTIVE SUMMARY:
The Clean Water Act requires municipalities to reduce stormwater discharges to federally protected receiving waters. As such, the City of Manhattan Beach is tasked with ensuring that stormwater entering Santa Monica Bay from the City’s storm drain system meets certain water quality standards. Water quality monitoring data compiled over a number of years indicates trash and bacteria in stormwater discharges, and thus the City must take action to address these exceedances.
After performing a feasibility study to assess alternatives, the City hired a consultant to design a system to capture stormwater from the 28th Street Storm Drain, the City’s largest stormwater outfall. The drain at 28th Street discharges directly to the ocean at the waterline, and monitoring data indicate that it is a significant contributor to the noted exceedances.
Design of the stormwater capture system is still underway; however, before the system can be approved for construction, it must undergo environmental review per the requirements of the California Environmental Quality Act (CEQA). Additionally, due to the project location, a Coastal Development Permit is also required. Both are the subject of this report.
With respect to the environmental review, results of an Initial Study indicate that the potential environmental impacts associated with the project can be mitigated through implementation of the measures identified in the Mitigated Negative Declaration (MND). If City Council concurs with these findings and adopts the MND and a Mitigation Monitoring and Reporting Program (MMRP), then Council may also consider approving a Coastal Development Permit for the project. According to the review performed by staff, the proposed project is consistent with the goals of the City’s General Plan as well as the Local Coastal Program. Staff therefore recommends adoption of an environmental determination and issuance of a Coastal Development Permit.
FISCAL IMPLICATIONS:
There are no direct fiscal implications associated with this item. The City has secured grant funding sufficient to cover all project design and construction costs. The City has been awarded over $30M in grant funding from three separate agencies to design and construct the stormwater infiltration system. Refer to the attached Budget and Expenditures Summary Report for additional details.
BACKGROUND:
The Cities of Manhattan Beach, Hermosa Beach, Redondo Beach, Torrance, and the Los Angeles County Flood Control District (LACFCD) jointly developed a Watershed Management Program (the Beach Cities WMP) as part of compliance with the 2012 Los Angeles Regional Water Quality Control Board Storm Water Permit. The Beach Cities WMP identifies potential capital improvement projects capable of minimizing wet weather discharges and eliminating dry weather discharges into Santa Monica Bay, with the goal of reducing pollutants entering the Bay and meeting the water quality-based effluent, i.e. outflow, limitations.
The proposed 28th Street Stormwater Infiltration Project (the Project) is identified within the Beach Cities WMP as the highest priority proposed project capable of significantly reducing bacterial, trash, and debris discharges into South Santa Monica Bay. This is largely due to the size of the drainage area contributing to the 28th Street storm drain. Approximately 60 percent of the stormwater that falls in Manhattan Beach is collected by the 28th Street drain and is discharged directly to the ocean through this single pipe. Additionally, stormwater monitoring data indicates that storm flows discharged at this location regularly exceed established limits for bacterial loading.
In April 2020, the City contracted with CWE to perform a feasibility study to identify potential locations to construct a stormwater infiltration system capable of capturing flows from the storm drain system that collect in the 28th Street drain. The investigation performed by CWE assessed the suitability of three separate sites for the infiltration system, including Polliwog Park, the 26th Street Parking Facility (the 26th Street lot), and at the beach along the west side of the Marvin Braude Bike Trail between 26th and 27th Streets. Site soils at Polliwog Park were found to be less favorable for infiltration, and the 26th Street lot was ultimately recommended as the preferred project site. In March 2022, the City awarded a contract to CWE to design a stormwater infiltration system to be constructed at this preferred site.
DISCUSSION:
Conceptual Project Layout
To reduce or eliminate the pollutant exceedances from the 28th Street drain, the Project will intercept this pipe at Manhattan Avenue and will divert storm flows to an underground pump station below Manhattan Avenue. Stormwater will be pumped into a trash removal device and will then route through a series of sedimentation chambers before being distributed to a matrix of drywells located in the 26th Street lot and at Bruce’s Beach Park, as indicated in the attached Conceptual Site Layout.
Construction of the diversion structure will require the excavation of a pit within the intersection of 28th Street and Manhattan Avenue at the location of the 28th Street drain. The excavated pit will be on the order of 50 feet deep. A diversion pipe will extend to the south from the diversion structure to the pump station below Manhattan Avenue between Bruce’s Beach Park and the 26th Street lot. This pipe will be bored into place horizontally to avoid an open excavation along the full length of the 2700 block of Manhattan Avenue.
Below the segment of Manhattan Avenue between Bruce’s Beach Park and the 26th Street lot, a series of buried concrete structures will be installed to house pump equipment, a trash capture system, and a series of sedimentation chambers. Stormwater leaving the sedimentation chambers will be diverted to an array of forty drywells, eight of which will be drilled below Bruce’s Beach Park and the remaining 32 within the 26th Street lot.
Construction of these improvements will require extended roadway closures at the intersection of 28th Street and Manhattan Avenue, along the block of Manhattan Avenue between 26th and 27th Streets, and at the 26th Street lot. While it is anticipated that each closure will be on the order of several months, exact durations will not be determined until after the finalization of the project design drawings.
Prior to installation of the drywells at the 26th Street lot, the existing deteriorated perimeter retaining walls will be demolished and reconstructed. After the completion of drywell construction, a new pervious concrete surface will be placed throughout the parking lot. New striping will reverse the direction of traffic flow on the upper parking tier for improved traffic circulation, and ADA-complaint parking spaces will be incorporated into the parking layout for increased accessibility. The existing staircases from the upper parking tier to the lower tier, and from the lower tier to Ocean Drive, will both be eliminated. Accessible pedestrian routes will be constructed from each parking tier to the abutting sidewalks along 26th Street and 27th Streets.
Coastal Development Permit
Coastal Development Permit Requirement
Pursuant to Manhattan Beach Local Coastal Program (MBLCP) Sections A.96.030(I) and A.96.040, a Coastal Development Permit is required, as the proposed project qualifies as development within the Coastal Zone. In addition to other activities and improvements, the LCP defines a “development” to include the following:
• On land, in or under water, the placement or erection of any solid material or structure;
• Discharge or disposal of any materials;
• Grading, removing, dredging, mining, or extraction of any materials; change in the density or intensity of use of land, including, but not limited to, subdivision pursuant to the Subdivision Map Act (commencing with Section 66410 of the Government Code), and any other division of land, including lot splits, except where the land division is brought about in connection with the purchase of such land by a public agency for public recreational use; or,
• Change in the intensity of use of water, or of access thereto; construction, reconstruction, demolition, or alteration of the size of any structure, including any facility of any private, public, or municipal utility.
The LCP defines a "structure" to include, but not be limited to, any building, road, pipe, flume, conduit, siphon, aqueduct, telephone line, and electrical power transmission and distribution line.
As the proposed project scope includes new underground infrastructure (including pipes) and improvements at the 26th Street lot, it is considered a development and a Coastal Development Permit is required. Furthermore, pursuant to Section A.96.080(B) of the MBLCP, any action on a Coastal Development Permit shall be taken concurrently with action on other permits or approvals required for the project, which in this case is the conceptual approval. Additionally, the associated Mitigated Negative Declaration (MND) for the project shall be adopted by the decision-making body prior to taking action on the Coastal Development Permit.
Governing Regulations
The proposed project was reviewed for compliance with applicable governing regulations, including the General Plan and MBLCP.
Manhattan Beach General Plan
The General Plan is a long range policy document that identifies the community’s vision for its collective future and establishes the fundamental framework to guide decision-making about development, resource management, public safety, public services, and general community well-being. This vision is expressed in goals and policies that allow this vision to be accomplished. All projects are reviewed to ensure the project aligns with the General Plan’s goals and policies. The City’s General Plan was adopted in December 2003. General Plans contain required “elements,” or chapters, including a Land Use Element, which is used to guide the City’s development, maintenance, and improvement of land and properties for the next twenty years. The subject project was evaluated for conformance with the Land Use element goals and policies, including but not limited to the following:
• Policy LU-2.4: Support appropriate stormwater pollution mitigation measures.
The proposed project involves the construction of a stormwater diversion and infiltration system capable of capturing up to 67 acre-feet of water from a single storm event. Pollutants within the captured stormwater, such as trash and bacteria, will be prevented from entering the ocean, thereby improving water quality within the Santa Monica Bay.
Manhattan Beach Local Coastal Program
A portion of the City is under the jurisdiction of the California Coastal Act. The California Coastal Act authorizes coastal jurisdictions to create LCPs that, as described by the California Coastal Commission’s website, “specify appropriate location, type, and scale of new or changed uses of land and water. Each LCP includes a land use plan and measures to implement the plan (such as zoning ordinances). While each LCP reflects unique characteristics of individual local coastal communities, regional and statewide interests and concerns must also be addressed in conformity with Coastal Act goals and policies.” The California Coastal Commission certified the City’s LCP in 1996. The proposed project is located in the Coastal Zone; therefore, the project was reviewed for compliance with the LCP, including but not limited to the following sections:
• LCP Chapter A.24 - governs open space districts, including the area where a portion of the project is located. LCP Section A.28.030, Additional Use Regulation L-15, allows park and recreation facilities to be developed by-right without a use permit. Per LCP Section A.28.040, when no use permit is required, development regulations of the nearest base zoning district shall apply.
• LCP Chapter A.28 - governs public and semipublic districts, including the area where a portion of the project is located. LCP Section A.28.030, Additional Use Regulation L-19, allows public parking facilities to be developed by-right without a Use Permit. Per LCP Section A.28.040, when no use permit is required, development regulations of the nearest base zoning district shall apply, however no development regulations are specified which pertain to underground facilities.
• LCP Chapter A.96 - governs Coastal Development Permits, including the appealable portion where the project is located. LCP Section A.96.040 provides that, “[e]xcept as provided by Section A.96.050, any person, partnership, or corporation, or state or local government agency wishing to undertake any development, as defined in Section A.96.030, in the CZ District, shall obtain a Coastal Development Permit in accordance with the provisions of this chapter, in addition to any other permit required by law. Development undertaken pursuant to a Coastal Development Permit shall conform to the plans, specifications, terms, and conditions approved or imposed in granting the permit.”
Coastal Development Permit Findings
Pursuant to Section A.96.150 of the MBLCP, written findings are required for all decisions on Coastal Development Permits. Based upon substantial evidence in the record, staff determined that the project, as proposed and conditioned, meets the required findings for a Coastal Development Permit as demonstrated below:
(A) That the project, as described in the application and accompanying material, or as modified by any conditions of approval, conforms with the certified Local Coastal Program;
The project site is located within Area District III and zoned Public and Semipublic (PS) and Open Space (OS). The portion of the site containing the existing public parking facility is zoned PS, and the portion of the site occupied by the Bruce’s Beach Park is zoned OS. The General Plan and Local Coastal Program designations for the project site are Public Facilities and Parks/Open Space. Pursuant to the General Plan Land Use element, the Public Facilities designation accommodates “uses operated for public benefit, including public schools, in addition to government offices, libraries, cultural centers, and neighborhood/community centers.” Also pursuant to the Land Use element, the Parks/Open Space designation “applies to all public parks throughout the City, Veterans Parkway, the Beach, and Strand.” While parks and other open space represent the primary permitted uses, limited recreational facilities and commercial uses in support of the principal park use are also permitted. The proposed public parking facility improvements are permitted in the PS zoning district and complies with the City’s General Plan land use designations of Public Facilities. The proposed underground stormwater infiltration system improvements are not regulated by the base zoning districts (PS and OS), however underground infrastructure and utilities are typical within the public right-of-way.
While there may be temporary, construction-related impacts, mitigation measures have been incorporated into the project that would reduce these impacts to a less than significant level, as described in the Environmental Review section below. As such, the project as conditioned conforms with the regulations in the certified MBLCP. Additionally, based on the discussion above, the project will not be detrimental to the public health, safety or welfare of persons residing or working in or adjacent to the neighborhood of such use and will not be detrimental to properties or improvements in the vicinity or to the general welfare of the City.
Furthermore, the proposed project is in conformance with the LCP Coastal Hazards policies as described below:
• Policy IV.C.5: Monitor the frequency of maintenance required for storm drains to identify when further improvements and adaptation actions (including shortening the outfalls) are needed due to vulnerabilities from beach erosion and sand blockage with sea level rise. Refer to the Adaptation Plan for more information on the triggers that indicate the need for adaptation actions. Future projects, such as stormwater infiltration projects along the backshore, should consider sea level rise during feasibility assessments and include measures to minimize impacts from coastal hazards as well as avoid impacts to water quality, public access, scenic and visual resources, and other coastal resources.
The impact of potential sea level rise was evaluated during the feasibility phase of the Project, and the design of the system takes into account the predicted changes in groundwater elevation that may result from sea level rise. All major project components will be located below ground, thereby preserving scenic resources. In addition, the creation of accessible parking spaces within the 26th Street lot will improve public access at the Project location.
(B) If the project is located between the first public road and the sea, that the project is in conformity with the public access and recreation policies of Chapter 3 of the Coastal Act of 1976 (Commencing with Section 30200 of the Public Resources Code).
The project site is located east of Ocean Drive and is therefore not subject to this finding. Nonetheless, the proposed underground infrastructure improvements, public parking facility improvements (including, but not limited to the restriping of the existing public parking facility as well as the on-street parking stalls along Ocean Drive) do not permanently impact public access to the shoreline. During construction, portions of Manhattan Avenue will be temporarily closed, including at the intersections of 26th, 27th, and 28th streets. However, said access will be fully restored once construction is complete. Additionally, the parking lot will be temporarily closed for a portion of the construction process. As part of the reconstruction of the parking lot, upgrades will be provided consistent with current design standards, accessible parking requirements, and electric vehicle charging requirements. This may result in a loss of three spaces in the project area, however the City is exploring alternate locations to replace any lost parking spaces, and eight bicycle parking spaces will be provided to supplement each vehicle parking space lost. Further, the City will make every effort possible to avoid impacts to area roadways and parking facilities during the peak (summer) season, and closures of said roadways and parking facilities will occur for the shortest amount of time possible based on the construction schedule for the project.
ENVIRONMENTAL REVIEW:
The proposed project was reviewed for compliance with CEQA pursuant to State Public Resources Code Division 13 (Environmental Quality).
The proposed project is considered a “project” pursuant to CEQA Guidelines and is therefore subject to environmental review. The project design consultant, CWE, has subject-matter expertise in environmental analysis, and their contract included environmental analysis for the project based on CEQA regulations. The project does not meet the requirements for either a statutory or categorical exemption; accordingly, CWE prepared an Initial Study (IS) to determine what type of environmental document would be required for the project.
Initial Study
Based on the analysis included in the IS, potentially significant impacts were identified in the areas of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, Public Services, Transportation/Traffic, and Tribal Cultural Resources. The analysis further identified mitigation measures that would reduce the impacts to a less-than-significant level. For this reason, a Mitigated Negative Declaration (MND) has been prepared for the project.
Assembly Bill 52 (AB 52) - Consultation with California Native American Tribes
As part of the CEQA process, a Cultural Resource Assessment was conducted for the Project by LSA Associates. In accordance with statutory requirements of AB 52, the City notified the nine California Native American tribes that were identified as being traditionally or culturally affiliated with the project area. The Gabrieleno Band of Mission Indians - Kizh Nation responded with a request for consultation with the City. As a result of this consultation, proposed mitigation measures for Tribal Cultural Resources (TCR) were incorporated into the Draft IS/MND. The Kizh Nation requested that they be designated as the sole, on-site Native American Monitor for any ground-disturbing activity related to the project. The City proposed that this mitigation measure allow the City to contract with a different firm to provide a Native American Monitor in the event that the Kizh Nation does not have sufficient qualified staff available when monitoring is needed or if the tribe is not able to provide monitoring services at market rates. The intent of this provision is to ensure that the project can move forward while continuing to ensure appropriate monitoring for potential resources is undertaken to avoid impacts to tribal cultural resources. After acting in good faith and making reasonable effort, the City concluded that mutual agreement could not be reached with respect to the specific language of the mitigation measure and provided notice to the Kizh Nation that the AB 52 consultation has been concluded. This was done in accordance with Public Resources Code Section 21080.3.2(b)(2), which assigns the right to either party to conclude the consultation. It should be noted, however, that the Kizh Nation will be given preference during cultural monitor selection process, as indicated in Tribal Cultural Resources mitigation measures incorporated into the Final MND document.
Draft Initial Study/Mitigated Negative Declaration (IS/MND)
A Mitigated Negative Declaration is a document that describes the proposed project, presents findings related to environmental conditions, includes a copy of the Initial Study, which documents the reasons to support the findings, and identifies mitigation measures to be incorporated into the project in order to avoid potentially significant impacts. As noted above, potentially significant impacts were identified in the areas of Air Quality, Biological Resources, Cultural Resources, Geology and Soils, Noise, Public Services, Transportation/Traffic, and Tribal Cultural Resources. However, mitigation measures were identified which would reduce said impacts to a less-than-significant level.
Pursuant to CEQA, a Draft IS/MND was prepared for the project and circulated for a 31-day public review from February 16, 2024 through March 18, 2024. A Notice of Intent to Adopt (NOI) the MND was mailed to owners and occupants within 100 feet of the project site, published in The Beach Reporter, advertised on the City’s social media platforms, and posted on signs on and around the project site. Additionally, the NOI was filed with the County Clerk and the State Clearinghouse and mailed to responsible agencies. The Draft IS/MND was posted on the City’s website, and copies were made available for review at City Hall, the Manhattan Beach branch of the Los Angeles County public library, the Joslyn Community Center, and Manhattan Heights Community Center.
The City received seven written comments on the Draft IS/MND during the public comment period. Two of the comments were from State agencies (Caltrans and California Coastal Commission), four were from community members, and one was from the Gabrieleno Band of Mission Indians - Kizh Nation. One of the comments, submitted by Caltrans, concurred with the proposed mitigation measures related to transportation/traffic. The Coastal Commission’s comments related to coastal water quality adjacent to the proposed project and parking in the project area. The community members expressed concerns regarding potential construction, traffic, noise, and parking impacts, and the amount of public outreach for the project. With regard to the noise concerns, one commenter brought to the City’s attention that the Construction Noise and Vibration Assessment prepared for the project was outdated and not consistent with the Project location. (The assessment was based on a prior potential alignment of the storm drain diversion pipe in Ocean Drive.) The Kizh Nation’s comments were related to their requests made during the aforementioned consultation between the City and the tribe. City staff informed them that their comments would be noted for the City Council consideration.
Final IS/MND
Subsequent to the close of the public comment period, a Final IS/MND was prepared for the project, which includes formal responses to the comments received. A revision to the noise study resulted from one of the public comments received. The revised study analyzed the correct project location and no additional impacts or increase in significance of previously identified impacts were identified. It should be noted that the project description contained in the Draft IS/MND prepared for the project and posted on the City's website, including the project location, accurately describes the project and is consistent with the project design analyzed in the IS/MND.The revised study was incorporated into the Final MND. Minor revisions were made to the Draft IS/MND in response to the comments received, however no new impacts were identified, nor was there an increase in the severity of any previously identified impacts. The Final IS/MND is included as an attachment to this report. It includes a copy of the Draft IS/MND along with any revisions to the draft document, copies of the written comments received on the Draft IS/MND along with a response to said comments, and a Mitigation Monitoring and Reporting Program (MMRP).
Consideration and Adoption of the MND
Pursuant to State CEQA Guidelines Section 15074, prior to making a decision on a proposed project, the decision-making body (City Council) of the lead agency (City) must consider the proposed MND in conjunction with any comments received during the public review process. The MND shall be adopted only if: a) on the basis of the whole record (including the Initial Study and any comments received), that there is no substantial evidence that the project will have a significant effect on the environment; and b) that the MND reflects the City’s independent judgment and analysis. The City Council is tasked with making these determinations. Staff has prepared a Resolution No. 24-0043 to adopt the Final MND and the associated Mitigation Monitoring Reporting Program.
CONCLUSION:
Staff recommends that the City Council adopt Resolution No. 24-0043, adopting a Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program for the 28th Street Stormwater Infiltration Project.
Provided that City Council adopts Resolution No. 24-0043, staff further recommends that City Council adopt Resolution No. 24-0044, approving a Coastal Development Permit for the Project. Resolution No. 24-0043 must be adopted before Resolution No. 24-0044 can be considered.
PUBLIC OUTREACH:
Community meetings were held in the fall of 2020 during the development of the project feasibility study. More recently, during the project design phase, an onsite event to discuss the project with interested community members was held on October 10, 2023, and an additional community meeting was held at the Manhattan Heights Community Center on February 15, 2024. Both of these recent events were announced during City Council meetings, on social media platforms, on the City’s website, and through direct mailings to nearby residents.
On July 26, 2023, Public Works staff presented the project concept to the Los Angeles County Beach Commission. A similar presentation was provided to the Manhattan Beach Parking and Public Improvement Commission on September 26, 2023.
For the Draft IS/MND, public outreach was conducted as described in the above Mitigated Negative Declaration section of this report.
A public notice for the May 21, 2024 public hearing was published in The Beach Reporter, mailed to all property owners and residents within 100-foot radius of the project site, and posted at City Hall and on the City’s website. As of the writing of this report, staff has/has not received public comments in response to the advertisement of the public hearing. Additionally, the City maintains a dedicated project webpage (<https://www.manhattanbeach.gov/departments/public-works/engineering-division/subsurface-infiltration-drainage-project>) to provide periodic updates to the public.
LEGAL REVIEW:
The City Attorney has reviewed this report and determined that no additional legal analysis is necessary.
ATTACHMENTS:
1. Resolution No. 24-0043 (with Exhibit “A”)
2. Resolution No. 24-0044 (with Exhibit “A”)
3. Budget and Expenditures Summary Report
4. 2021 Feasibility Study
5. Conceptual Site Layout
6. Final Mitigated Negative Declaration
7. Location Map
8. PowerPoint Presentation