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75C - PH - THE BOWERY
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75C - PH - THE BOWERY
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8/13/2020 5:10:27 PM
Creation date
8/13/2020 4:53:25 PM
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City Clerk
Doc Type
Agenda Packet
Agency
Planning & Building
Item #
75C
Date
8/18/2020
Destruction Year
2025
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which will lessen the environmental impacts of the Project. Furthermore, no new information brought <br />forward indicates that the Draft EIR is so fundamentally flawed that it precludes meaningful public review. <br />As none of the CEQA criteria for recirculation have been met, recirculation of the EIR is not warranted. As <br />stated in CEQA Guidelines Section 15088.5(b), "recirculation is not required where the new information <br />added to the EIR merely clarifies or amplifies or makes insignificant modifications in an adequate EIR." <br />As described in Response 4, the Final EIR evaluates revisions to the types of retail and restaurants that <br />would be within the 80,000 square feet of proposed commercial space, which was evaluated in the Final <br />EIR Traffic Impact Analysis and revised EIR traffic section, which is provided in Chapter 3 of the Final EIR, <br />and details that no new impacts would occur. In addition, both the VMT analysis within the Draft EIR and <br />Final EIR detail that significant impacts related to VMT would not occur from the Project. Therefore, all <br />impacts have been adequately disclosed, and because no new information has been presented identifying <br />new or different environmental impacts as a result of implementing the proposed Project, recirculation of <br />the EIR is not warranted. <br />Comment 6: The comment asserts that Draft EIR falsely claimed that the Project site is listed as a <br />hazardous material site and failed to discuss the fact that the site may be located within a groundwater <br />basin that is impacted by volatile organic compounds. The comment also asserts that the Draft EIR fails to <br />disclose OCHA investigation data and potential risk to future receptors associated with groundwater <br />contamination at the Project site. The comment further states that this requires revision and recirculation <br />since the Draft EIR. <br />Response 6: The comment is an inaccurate assertion. Section 5.7, Hazards and Hazardous Materials, of the <br />Draft EIR (page 5.7-25), describes that the Project site is not included on a list of hazardous materials sites <br />pursuant to Government Code Section 65962.5. Section 65962.5(a)(4) requires that DTSC shall compile <br />and update as appropriate, a list of hazardous substance release sites subject to a response action. The <br />DTSC's list of sites are published in the DTSC "Envirostor" database at the following weblink: <br />httr)s://www.envirostor.dtsc.ca.ciov/public/search.asp?cmd=search&reporttvpe=CORTESE&site type=CSI <br />TES.O P EN.FU DS.CLOS E&status=ACT.BKLG.COM&reporttitle=HAZARDOUS+WASTE+AND+SUBSTANCES <br />+SITE+LIST. In addition, the sites are mapped on the DTSC website: https://www.envirostor.dtsc.ca.gov. <br />The Project site is not on the DTSC list or mapping. <br />Regarding groundwater contamination, the history of onsite groundwater testing is provided in the Phase I <br />Environmental Site Assessment in 2018, a Phase II Environmental Site Assessment in 2018, and a Limited <br />Phase II Subsurface Investigation Report in 2019, which are provided as Appendix F of the Draft EIR. In <br />addition, information is provided in Draft EIR Section 5.8, Hydrology and Water Quality. Specifically, areas <br />of existing groundwater contamination are detailed on pages 5.8-6 through 5.8-9. As detailed on page <br />5.5-5 of the Draft EIR, the onsite borings conducted for the Project found groundwater between 24 to 33 <br />feet below ground surface (bgs), but the historic high groundwater is approximately 10 feet below the <br />existing grade. Due to the depth of groundwater, operation of the proposed residential and commercial <br />uses would not result in contact with groundwater. Likewise, construction of the project is not anticipated to <br />encounter groundwater. <br />However, in the case that groundwater is encountered during Project construction, existing regulations <br />require it to be treated and discharged. The federal Occupational Safety and Health Act Safety and <br />Health Regulations for Construction contains requirements for construction activities, including health and <br />safety plan(s). In addition, the CalOSHA required Injury and Illness Prevention Program (IIPP) would <br />maintain worker safety related to potentially contaminated groundwater. Thus, implementation of <br />construction pursuant to existing regulations as ensured through the permitting process would reduce <br />potential impacts related to construction workers who may encounter contaminated groundwater when <br />75C-193 <br />
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