Environmental Analysis
Under CEQA Guidelines 15378(a), a "project" is defined as [1] `the whole of an action, which has the potential for resulting in either a direct physical change in the environment, or [2] a reasonably foreseeable indirect physical change in the environment..." Accordingly, the EIR evaluation approach used a two-pronged analysis considering the potential environmental impacts that would result from [1] the sale itself, i.e., the transfer of property ownership of the 36 lots; as well as [2] impacts of the reasonably foreseeable future development of the lots for urban land uses consistent with existing zoning and adjacent land uses. In this case, the reasonably foreseeable future development that would be expected to result from the proposed sale includes the construction and occupancy of residential housing units, as well as commercial uses.
The EIR concludes that the transfer of property ownership of the 36 lots would not directly result in any significant environmental impact. The Commission, as the lead agency, would not have jurisdictional control over the 36 lots after the proposed sale has been completed. Therefore, the Commission would not have the authority to impose and/or enforce mitigation measures associated with the construction and occupancy of future building on the lots.
However, the EIR discloses the environmental impacts that would be expected to result from the future development of the lots and recommends mitigation measures, which if implemented by other responsible agencies (i.e., City of Los Angeles), could avoid or minimize these significant environmental impacts. With implementation of the recommended mitigation measures, the EIR concluded that potential impacts from future development of the property related to air quality, biological resources, cultural resources, geology and soils, hydrology and water quality, noise, transportation and traffic, and utilities and service systems would be less than significant. The EIR also evaluates alternatives to the proposed project, including the No Project Alternative, as required by CEQA.
CEQA Guidelines 15123 requires the EIR summary to include "[a]reas of known controversy known to the lead agency including issues raised by agencies and the public." Known areas of controversy, which incorporate issues raised during the public scoping process include:
· Potential for well leaks to occur and the associated health hazards that could result from these leaks.
· Impacts to public health that could occur as a result of specific future development of these lots resulting from the sale.
· Potential odor impacts that could occur as a result of specific future development of these lots resulting from the sale.
Human Health Risk Assessment
A Human Health Risk Assessment (HHRA) dated April 2004 is included as Appendix E of the EIR. This report presents a human health risk assessment for chemicals found in samples of environmental media2 at the 36 lots. The HHRA is a formal process that combines information on how people could be exposed to chemicals and how the chemicals could affect human health. The combined information is used to estimate the likelihood that an adverse health effect could occur. The report presents the risk assessment in the following manner:
· data evaluation that includes an evaluation and summary of the analytical data and discusses the chemicals that were identified in the environmental media.
· exposure assessment that identifies activities that bring people into contact with chemicals and estimates the chemical concentrations to which people could be exposed.
· toxicity assessment that discusses the toxicological properties combined with potential daily exposure used to calculate risk.
· risk characterization that combines the exposure and toxicity information to evaluate the potential for adverse health effects.
· uncertainty analysis that identifies sources of uncertainty in the risk assessment and discusses the level of confidence that can be placed in the findings.
The HHRA findings indicate that the potential for cancer risk or noncancer hazard health effect, if any exist, would have no significant health risk to the public. Based on the results for Playa del Rey and Marina del Rey, an individual who is exposed for 30 years as a child and adult will have an increased probability of incidence of cancer of 0.0000004 (4x10ˉ_) over their baseline risk. An individual's baseline risk of contracting cancer over a lifetime in the United State is about 0.25. The total noncancer hazard index for all chemicals and all types of exposure is 0.6, which is well below the level of 1.0 considered safe for lifetime exposure by U.S. EPA and Cal/EPA for children. However, to address uncertainty, the EIR recommends that mitigation measures required by the City of Los Angeles Building Code (Ordinance No.175790) be implemented when future construction occurs at the 36 lots. The recently enacted changes to the Building Code (Ordinance No.175790) require mitigation measures for all structures in potential soil gas areas, whether gas is present or not. The measures include the installation of membrane barriers and vent piping as well as trench dams and electrical seal offs for each property.
Environmental Impacts and Mitigation Measures
The EIR finds that the sale of the 36 lots, i.e., transfer of property ownership from SoCalGas to new owners would not directly result in any significant environmental impacts. The proposed sale was also evaluated for the necessity of requiring SoCalGas to provide complete disclosure of existing site conditions and/or other related documents to the four future buyers of the 36 lots as mitigation measures associated with the sale and required in the EIR. The EIR determined that the future buyers have already been provided with a substantial amount of information on the lots by SoCalGas. That information is supplemented by the Draft EIR and the Final EIR as well as documents from the field investigation data. Therefore, the EIR concluded that because the information already provided by SoCalGas along with the EIR information are believed to comprise full disclosure of existing site conditions including environmental documentation and supporting scientific information, no mitigation measures are required for the proposed sale.
However, the EIR considered the reasonable foreseeable associated impacts resulting from the future development of the lots proposed for sale. When a lead agency makes findings on significant effects identified in an EIR, an agency must also adopt a program for reporting or monitoring mitigation measures that were adopted or made conditions of approval (CEAQ Guidelines Section 15091(d), 15097). As stated previously, because the future development on the 36 lots would undergo future environmental review by the City of Los Angeles, the CPUC does not have authority to enforce any of the recommended mitigation measures identified in the EIR. In this case, the Commission could only recommend mitigation measures to be considered by other agencies during the environmental review associated with the future development of these 36 lots. The recommended mitigation measures in the EIR address two aspects of future development: construction and occupation of the properties.
Recommended construction mitigation measures are:
· Air Quality - measures are provided to control dust and carbon monoxide from construction equipment and construction-related traffic.
· Biology - measures surveys of raptor and other nesting birds species at the lots. For lots in Cluster 9, surveys are required to determine if monarch butterflies are present during the winter prior to the start of construction or onsite tree removal. For lots in Cluster 12, surveys for globose dunes beetles are required prior to construction. Additionally, measures for compensation of loss of habitat are provided.
· Cultural Resources - measures are provided that specify action should an accidental discovery of archaeological or paleontological artifacts be made.
· Geology and Soils - measures require that a site-specific design level geotechnical investigation for each building be conducted and that full seismic considerations be given to future structures.
· Noise - measures require limits of operation of construction equipment, use of construction equipment with noise control measure incorporated, and a system for instruction to contractors about noise control and a complaint reporting system.
· Transportation and Traffic - measure requires construction contractors to implement mitigations such as limiting the transport of construction materials and equipment to off-peak traffic periods, as required by the City of Los Angeles.
Recommended future development operations measures are:
· Hydrology and Water Quality - measure requires that future developers prepare a drainage plan for each site and submit it with the building permit application, as required by the City of Los Angeles Works Department.
· Transportation and Traffic - measure requires that a trip generation study be performed for the commercial lot (Cluster 5) to determine impacts on local traffic as well as to insure that commercial lot is provided with adequate parking.
Alternatives Considered
CEQA Guidelines 15126.6(a) requires that a range of reasonable project alternatives be discussed in the EIR which would "feasibly attain most of the basic objectives of the project but would avoid or substantially lessen any significant effects of the project." The EIR identifies and analyzes the range of alternatives; discusses the environmental effects of each alternative; compares the environmental effects of each alternative with existing conditions and with project impacts; and addresses the relationship of each alternative to the project objectives. The alternatives evaluated in the EIR are:
1. No Project - the lots proposed for sale by SoCalGas would not be sold. SoCalGas would retain ownership and no future development would occur.
2. Partial Sale - Exclude Cluster 9 to avoid potential adverse impacts to the monarch butterfly habitat. Commission would authorize the sale of all lots except the lots in Cluster 9.
3. Partial Sale - Exclude Cluster 12 to avoid potential adverse impacts to the globose dune beetle habitat. Commission would authorize the sale of all lots except those contained in Cluster 12.
Under CEQA Guidelines Section15126.6(c), the EIR must also identify any alternatives identified but rejected as infeasible. The one alternative considered, but rejected, was having SoCalGas maintain ownership of the lots and develop them as parks or common areas. However, this did not meet any of SoCalGas' objectives of divesting its assets, and would have increased public access to the areas that could result in additional environmental impacts.
2 Soil, soil vapor and groundwater.
