HomeMy WebLinkAboutPC Resolution 01-37RESOLUTION P.C. 01-37
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF HERMOSA BEACH, CALIFORNIA,
RECOMMENDING THAT CITY COUNCIL APPROVE A
PRECISE DEVELOPMENT PLAN/PLANNED DEVELOPMENT
PERMIT NO. 01-10, CERTIFY THE FINAL ENVIRONMENTAL
IMPACT REPORT FOR THE TYCOM SUBMARINE FIBER
OPTIC CABLE PROJECT AND ADOPT A MITIGATION
MONITORING PROGRAM, THE FINDINGS AND FACTS IN
SUPPORT OF FINDINGS AS REQUIRED BY THE CALIFORNIA
ENVIRONMENTAL QUALITY ACT AND A STATEMENT OF
OVERRIDING CONSIDERATIONS RELATING TO AIR
QUALITY, AND FINDING THAT THE LEASE AGREEMENT
FOR TYCOM'S USE OF CITY OWNED PROPERTY IS
CONSISTENT WITH THE CITY'S GENERAL PLAN
The Planning Commission of the City of Hermosa Beach does hereby Find, Order, and
Resolve as follows:
SECTION 1. On April 13, 2001, TyCom Global Networks Inc. (the "Applicant")
filed an application for a Precise Development Plan/Planned Development Permit for a
submarine fiber optic cable system to be located on city owned property (the "Project")
and the application was deemed complete on June 14, 2001.
SECTION 2. The submarine fiber optic cable project involves the installation
and operation of two submarine fiber optic cables in the marine waters under the City's
jurisdiction at one landing on the City beach at Second Street, and the installation of
underground fiber optic cables on the land within existing city public rights -of -way and
on the sea floor beyond the City's jurisdictional boundaries. An agreement, which may
be in the form of a lease or an easement ("lease") between the City and TyCom, is also
required to allow TyCom to use city -owned property.
SECTION 3. The City prepared an Initial Study for the Project pursuant to
Section 15063 of the State Guidelines implementing the California Environmental
Quality Act ("CEQA"). The Initial Study concluded that there was substantial evidence
that the Project might have a significant environmental impact on several specifically
identified resources and governmental services. The Initial Study was distributed for
public review on June 25, 2001 for a thirty (30) day period that ended on July 26, 2001.
SECTION 4. Pursuant to State CEQA Guidelines Sections 15064 and 15081,
and based upon the information contained in the Initial Study, a decision was made to
prepare an Environmental Impact Report (` EIR") for the Project. A Notice of
Preparation of a Draft Environmental Impact Report ("DEIR") was prepared for the
Project and sent to the State Clearinghouse in the office of Planning and Research for the
Page 1
State of California (EIR assigned number SCH No. 2001 061111) and to other
responsible, trustee, and/or interested agencies and persons. The City contracted with an
independent consultant for the preparation of the EIR.
SECTION 5. On June 28, 2001 a public meeting was held before the City's
Environmental Review Committee, which concurred that an Environmental Impact
Report was appropriate to analyze the potential environmental impacts of the project.
SECTION 6. On July 12, 2001 the public scoping meeting was held after being
noticed by publication in the local press, by posting in the vicinity of the Project Sites, at
City Hall, and through an individual notification to all residents of the City. The meeting
provided an introduction to the project and the CEQA process, and provided an
opportunity for the public and interested agencies to comment on the issues to be
analyzed in the EIR.
SECTION 7. The DEIR was circulated to interested persons and agencies
between September 24, 2001, and November 7, 2001, for a 45-day comment period
pursuant to State CEQA Guidelines Section 15087(c). In response to the circulation of
the DEIR, the City received written and oral comments regarding the adequacy of the
DEIR. The City prepared written responses to all comments, which may have potentially
raised significant environmental issues. On November 7, 2001, the DEIR was completed.
Pursuant to State CEQA Guidelines Section 15085, the City prepared a Notice of
Completion of the DEIR, which was filed by mail with the State Office of Planning and
Research on September 24, 2001. A copy of the Notice of Completion and of the mailing
list to agencies and interested individuals is included in the Final Environmental Impact
Report ("FEIR"). The City incorporated all comments received and the City's responses
into the FEIR and returned responses to commenting agencies at least ten (10) days prior
to the Certification of the FEK pursuant to Public Resources Code Section 21092.5.
SECTION 8. The FEIR is comprised of the DEIR circulated on September 24,
2001, including any revisions thereto; the list of persons, organizations and public
agencies which commented on the DEIR., the comments which were received by the City
regarding the DEIR, and the City's written responses to significant environmental points
raised in the review and consultation process, each of which is incorporated herein and
made a part hereof by this reference.
SECTION 9. The findings made in this Resolution are based upon the
information and evidence set forth in the EIR and upon other substantial evidence that
has been presented in the record of this proceeding. The documents, staff reports, plans,
specifications, and other materials that constitute the record of proceedings on which this
Resolution is based and the EIR for the Project are on file and available for public
examination during normal business hours in the Community Development Department
of the City of Hermosa Beach, 1315 Valley Drive, Hermosa Beach, California 90254.
The custodian of said records is the Community Development Director of the City of
Hermosa Beach.
Page 2
SECTION 10. The Planning Commission finds that the public and government
agencies have been afforded ample notice and opportunity to comment on the Initial
Study, DEIR, and FEIR
SECTION 1.1.. The Planning Commission finds, pursuant to CEQA Guidelines
Section 15084(e), that the City has independently analyzed the EIR and that the EIR
represents the independent judgment of the City as lead agency with respect to the
Project. The Planning Commission further finds that the additional information provided
in the staff reports accompanying the Project Description and EIR, the corrections and
modifications to the DEIR made in response to comments and the evidence presented in
written and oral testimony presented at the above -referenced hearing, do not represent
significant new information so as to require re -circulation of the EIR pursuant to Public
Resources Code Section 21092.1.
SECTION 12. The Planning Commission finds that the comments regarding the
DEIR and the responses to those comments have been received by the City, that the
Planning Commission has received public testimony regarding the adequacy of the FEIR,
and that the City Council, as the final decision -making body for the lead agency, will
review and consider all such documents and testimony prior to acting on the Project.
Pursuant to State CEQA Guidelines Section 15090, the Planning Commission therefore
recommends the City Council certify that the FEIR has been completed in compliance
with CEQA.
SECTION 13. Based upon the Initial Study, the DEK the FEK public and
agency comments and the record before the City Council, the Planning Commission finds
that the Project will not cause significant environmental impacts in the areas of Mineral
Resources, Agricultural Resources, and Population/Housing. Explanations for why the
foregoing impacts were found to be insignificant are contained in the EIR and Initial
Study in Appendix A of the DEIR.
SECTION 14. The Initial Study identified some of the Project's effects as
"potentially significant." However, based upon the analysis presented in the DEIR and
the FEIR, and upon public and agency comments and the record before the Planning
Commission, the Planning Commission finds that the Project will not cause significant
environmental impacts in the following areas identified as "potentially significant" in the
Initial Study in Appendix A of the DEIR relating to Aesthetics, Air Quality, Biological
Resources, Cultural Resources, Geology/Soils, Hazards and Hazardous Materials,
Hydrology/Water Quality, Land Use/Planning, Noise, Public Services, Recreation,
Transportation/Traffic, Utilities/Service Systems as summarized below and further
detailed in the EIR:
a. Aesthetics: The proposed project will not have a negative aesthetic effect on views
from the Strand, the beach and surrounding public areas. Following installation of
the fiber optic cable system, there are no visible above ground facilities. As a result,
the aesthetic impacts are reduced to level of insignificance. Further explanation for
these determinations may be found in Section 15 of the EIR.
Page 3
b. Air Quality: The California Coastal Act requires that new development shall be
consistent with the requirements imposed by an air pollution control district or the
State Air Resources Control Board. Impacts of the project on air quality are
expected to be similar to those described for other cable projects. Air emissions
from the ocean segment installation will exceed daily allowable limits established
by the South Coast Air Quality Management District (SCAQMD). Over a period of
12 to 24 days, the marine cable installation activities generated from TyCom's sea
vessels will result in daily emissions that exceed the Southern California Air Quality
Management District (SCAQMD) thresholds for oxides of nitrogen, reactive organic
compounds, carbon monoxide and sulfur dioxide. Mitigation measures have been
imposed out to three nautical miles, and beyond that as lawfully permitted, based on
comments from the SCAQMD through the CEQA process; therefore, the project is
consistent with policies regarding protection of the rules and requirements of the
local air district as required by Section 30253(3) of the California Coastal Act. A
Statement of Overriding Considerations is required as part of the approval of the
project because the daily air quality thresholds will be exceeded, even with
mitigation. This issue is further discussed in the EIR, Chapter 13, Air Quality and
Chapter 18, Significant and Unavoidable Impacts.
c. Biological Marine Resources: Impacts of the project on whales are expected to be
similar to those described for other projects and, with the mitigation measures
agreed to by TyCom will be less than significant. TyCom has agreed to bury the
marine cables, where feasible, in water depths of less than 1,200 meters. TyCom has
also agreed to attempt to retrieve fishing gear that may become snagged on the
cables and that subsequently could threaten whales. Given the mitigation measures
agreed to by TyCom, impacts on marine mammal entanglement will be less than
significant. Further explanation for these determinations may be found in Sections 7
and 9 of the EIR.
d. Biological Resources/Fisheries and Recreation: The California Coastal Act
requires that the economic, commercial and recreation importance of fishing
activities be recognized and protected. Impacts of the project on fisheries are
expected to be similar to those for other projects and, with mitigation measures
agreed to by TyCom, will be less than significant. TyCom has agreed to notify
commercial fisheries of the installation and repair activities two weeks in advance,
will bury the marine cables, where feasible, in water depths of less than 1,200
meters to reduce the likelihood that fishing gear will become snagged, will
compensate fishers for loss of gear and will hold harmless the fishers for
unintentional damage to the cable. Given the mitigation measures agreed to by
TyCom, impacts on fishers will be less than significant. Further explanation for
these determinations may be found in Sections 4 and 8 of the EIR.
e. Cultural Resources: The California Coastal Act requires reasonable mitigation
measures where development would adversely impact archaeological or
paleontological resources as identified by the State Historic Preservation Officer.
TyCom has agreed to have a qualified archaeologist monitor construction wherever
soil -disturbing activities could affect known or potential terrestrial cultural
resources. There are no known marine cultural resources along the marine routes.
Because shipwrecks could be present, TyCom has agreed to conduct marine surveys
Page 4
under the direction of a qualified marine archaeologist. If potentially significant
marine cultural resources are identified, TyCom has agreed to reroute the cables and
avoid the potential resources. Given the mitigation measures agreed to by TyCom,
impacts on cultural resources will be less than significant. Further explanation for
these determinations may be found in Section 10 of the EIR.
f. Noise: The proposed project is considered a public utilities project and therefore is
not subject to restricted hours of construction stated in the State Health and Safety
Code. However, there will be noise generated during the short-term construction of
the terrestrial and marine activities. Mitigation measures and conditions of approval
have been recommended in the EIR to reduce the short-term noise impacts of
installation of the project. Restricting the hours of construction to 8 a.m. to sunset,
Monday through Friday, for construction on the beach is more restrictive than
currently permitted for general construction throughout the City. This limitation of
work hours should reduce the impacts to adjacent residential uses. In addition,
conditions are recommended in the EIR to implement beach construction
operational constraints such as operating one piece of equipment at a time. Written
notification prior to start of construction by TyCom to residents will also be
required. Given the mitigation measures agreed to by TyCom, impacts from noise
will be less than significant. Further explanation for these determinations may be
found in Section 11 of the EIR.
g. Recreation: The proposed project will not be inconsistent with relevant plans and
policies, including the City General Plan and the Coastal Land Use Plan. The
California Coastal Act protects the public's right of access to the sea and protects
coastal areas suited for water -oriented recreational activities that cannot be
accommodated for readily in inland areas. During project construction, the public
will be precluded from using a portion of Hermosa Beach at the two cable landing
locations. If construction occurs during off peak months, this will be a minor
impact, and visitors will use alternative recreational sites easily within 50 meters of
the cable landings. However, if construction occurs during summer peak usage, this
impact may be significant (See Section 4-Land Use, Marine Use and Recreation).
Impacts of the project on public access and recreation are expected to be somewhat
greater than those described for other cable projects; however with the mitigation
measures agreed to by TyCom, the impacts will be less than significant. The
applicant has agreed to compensate the City for public access impacts by paying a
sum of money into a fund dedicated to improving recreational activities and
maintenance of the beach, adjacent streets, storm drains and the pier. Therefore the
project is consistent with the policies regarding protection of the public's right of
access and accommodation of recreation and the impacts are reduced to level of
insignificance. Further explanation for these determinations may be found in Section
4 of the EIR.
h. Transportation: Transportation impacts will be considered significant if the
project:
• Causes an increase in traffic that is substantial in relation to the existing a
traffic load and capacity of the street system;
• Exceeds, either individually or cumulatively, LOS standards;
• Results in inadequate emergency access;
Page 5
• Results in inadequate parking capacity;
• Disrupts or delays marine traffic to local ports or harbors; or
• Creates navigational hazards to marine traffic due to project vessels in the
marine area.
Activities associated with the terrestrial construction will include directional boring
and trenching, and will entail use of heavy equipment. The required traffic control
plan will conform to the specifications required by the construction and
encroachment permits of Hermosa Beach and Redondo Beach. The proposed route
does not traverse signalized intersections with a LOS of D or worse. Construction in
front of a specific residential or commercial driveway is likely to last no longer than
3 hours to 4 hours. Access to each driveway will be maintained using steel plates
over open trenches. The pedestrian and bicycle circulation network will not be
impacted from the terrestrial operation of the cable lines. The cable will be below
the surface and will require no routine maintenance. During cable installation in
public streets, one lane of traffic will be closed. During terrestrial construction,
approximately 14 parking spaces will be displaced during each day of construction.
Displaced parking will advance along the route at the same rate as the construction.
During working hours, all equipment will be located within the cordoned -off
construction area. During non -working hours, all major equipment necessary for the
immediate work will be parked in the designated work zone for the next day's
work. Staging of equipment will be contained within Hermosa Beach or Redondo
Beach, will not utilize existing downtown parking lots. The main staging area will
be located in Redondo Beach at the southern city limit of Hermosa Beach at a
vacant lot under the overhead power transmission lines. Standard construction
cones, signs, and traffic control personnel will be used to direct pedestrians. Staging
areas on the beach will not include employee parking and therefore will not displace
beach parking. Employees will be shuttled to and from the construction site so that
public parking spaces will not be used by the construction crews. Given the
mitigation measures agreed to by TyCom, impacts on transportation and parking
will be less than significant. Further explanation for these determinations may be
found in Section 12 of the EIR.
SECTION 1. . Based upon the Initial Study, the EIR, public comments and the
record before the Planning Commission, the Planning Commission finds that the Project
may create significant impacts in the areas of Air Quality, Biological Resources, Cultural
Resources, Geology/Soils, Hazards and Hazardous Materials, Hydrology/Water Quality,
.Land Use/Planning, Noise, Public Services, Recreation, Transportation/Traffic,
Utilities/Service Systems. The Project may create significant cumulative impacts in the
areas of Air Quality. However, with the exceptions of short-term construction impacts
and cumulative air quality impacts from increased vessel emissions during the installation
of the ocean segment, the EIR identifies feasible mitigation measures for each impact that
reduce the impact to a level of insignificance. With regard to construction and cumulative
air quality impacts from vessel emissions, the EIR identifies mitigation measures that will
substantially lessen each impact. Further explanation for these determinations may be
found in the EIR.
Page 6
SECTION 16. In response to each potentially significant impact identified in the
EIR, and listed in Section 15 of this Resolution, changes or alterations are hereby
required in, or incorporated into, the Project, which avoid or substantially lessen the
significant environmental impacts identified. Each such change or alteration shall be a
condition of approval of the Project. The changes or alterations required in, or
incorporated into, the Project, and a brief explanation of the rationale for this finding with
regard to each impact, are contained in Exhibit "A" of this Resolution and are
incorporated herein by this reference.
SECTION 17. The FEIR describes, and the Planning Commission has fully
considered, a reasonable range of alternatives to the Project, which might fulfill the basic
objectives of the Project. These alternatives include 1) the "No Project" alternative,
2) Alternative route with a cable landing site in Manhattan Beach that was identified to
reduce the potential impact to fishers and whales; 3) Terrestrial Route for Segment #5
which would have many more environmental impacts than would Segment 5, but would
reduce the marine impacts; 4) One cable landing site rather than two in Hermosa Beach
to reduce the noise and public access impacts associated with two cable sites. This
alternative would reduce beach and terrestrial impacts, but would not reduce the marine
impacts; 5) Terrestrial route using existing fiber which would require TyCom to lease
multiple routes of existing fiber and would not fulfill TyCom's objective to provide their
customers with reliable and uninterrupted service diverse from the terrestrial corridors,
alternative; 6) Boring to the cable landing rather than trenching which does not allow for
route segment diversity and does not meet the project the objectives, making this
alternative infeasible; and 7) Alternative fiber optic cable installation method in the
beach, including the use of the direct burial method, which would reduce the time needed
to install the fiber optic cable, would reduce the impacts on beach access, recreation and
noise, but would have similar impacts on the marine segment.
The alternatives identified in the EIR, would not sufficiently achieve the basic objectives
of the Project or would do so only with unacceptable adverse environmental impacts with
the exception of the direct burial method and a single cable landing alternatives.
Accordingly, and for any one of the reasons set forth herein, in the EIR or in the
"Statement of Findings and Facts in Support of Findings" attached hereto as Exhibit "A,"
the Planning Commission finds that specific economic, social, or other considerations
make infeasible each of the Project alternatives, including the "No Project" alternative,
identified in the EIR and each is hereby rejected. The Planning Commission further finds
that a good faith effort was made to incorporate alternatives into the preparation of the
EIR, and that all reasonable alternatives were considered in the review process of the EIR
and the ultimate decision on the Project.
SECTION 18. Pursuant to Section 65402 of the Government Code, Restriction on
the Acquisition and Disposal of Real Property, the City shall not lease any real property
until the location, purpose and extent of such disposition has been submitted to and
reported upon by the Planning Commission as to the conformity of the lease with the
adopted General Plan or part thereof.
Page 7
SECTION .1 . The Planning Commission held duly noticed public hearings on
November 20, and December 5, 2001 to consider recommending to City Council to
certify the FEIR and adopt a Statement of Overriding Considerations relating to Air
Quality, approval of the submarine fiber optic cable system and to find that the lease
agreement is consistent with the City's General Plan. Having heard and considered all
oral and written testimony, including staff reports, the Final Environmental Impact
Report and all relevant evidence and argument, the Planning Commission hereby finds as
follows:
A. The fiber optic cable project will be located on city owned property and within the
public right-of-way.
B. The beach segment of the proposed Project is consistent with the General Plan
designations for "OS" (Open Space) and the remaining segments are within
public right-of-way or the ocean and thus have no General Plan designation.
C. As conditioned, the fiber optic cable project will conform to all applicable zoning
regulations.
D. The recommended terms of the lease would be for a period of twenty-five years
and cover the installation, maintenance, operation and retirement of the fiber optic
cable project. The City would receive compensation for the use of city property
based on the appraised fair market value of the land and its' locations. The City
will direct those funds to beach related public improvements. These revenues
would be used to offset the City's current costs to maintain and/or renovate the
beach, storm drains, adjacent streets, walkways, public parking areas, the
lifeguard building on the pier and the pier itself. It will also allow the City to have
funds to upgrade the three beach bathrooms, plus construct one new bathroom
near the pier. The lease will also cover TyCom's obligation to fund the
implementation the mitigation monitoring program and City inspection costs
during construction. In additional, the revenues generated and the use of those
revenues are consistent with the terms of the grant for the use of Trust lands,
which in this case is seaward of mean high tide and that the lease is sufficient to
offset the temporary loss of the beach during construction and the use of city
property for the life of the lease.
E. The proposed project and lease agreement for TyCom's use of the City owned
property, is in conformance with the goals of the General Plan that call for:
w The protection of public recreation areas, in that compensation, via the
lease agreement, will be provided to the City to offset the temporary loss
of the use of the beach and will used to enhance access to and
improvements for the beach. Installation is proposed to occur prior to the
peak summertime usage to minimize the impacts on the beach -going
public. This project will not diminish the amount of public open space and
natural resources available to the City. With full mitigation and the
recommended conditions of approval, the project is considered consistent
with the Open Element of the City's General Plan.
• The Land Use Element seeks to minimize conflicts between nonresidential
land uses and residential properties, in that the Land Use Element does
allow appropriate private interests to lease public facilities and properties.
Page 8
The fiber optic cables will be buried on the beach and in the street or
greenbelt and therefore, will not create any adverse aesthetic or land use
impacts, and following installation, will not create any noise, light, vibration
or smell.
• The prohibition of commercial development in open space areas that
would adversely affect public use and the natural environmental benefits, in
that this fiber optic cable project is considered a public facility, public
utility/structure and a public corridor under the FCC and not a commercial
development.
• Preserving and enhancing the environment and the natural resources,
including the ocean and City beaches, in that the fiber optic cables will be
buried on the beach the street or greenbelt, and either buried or laid on the
sea floor, therefore the presence of these fiber optic cables will not be in
conflict with the goals of the General Plan and Zoning Ordinance relating
to preserving open space or protecting the beach and ocean as a natural
resource.
• Reducing and minimizing the various sources of noise, in that the City has
restricted the hours of construction to 8 a.m. to sunset, Monday through
Friday for construction on the beach and imposed conditions to implement
operational constraints such as operating one piece of equipment at a time
when on the beach.
• Minimizing the intrusion of traffic and parking into the residential areas,
in that a traffic and parking control plan is required from TyCom to be
reviewed and approved by the City prior to construction. The traffic and
parking control plan includes ensuring emergency access is maintained,
that residents and businesses are to be provided advance notification of
construction or parking that may be temporarily displaced, requirements
for off -site staging areas of equipment, and hours of work in the rights of
way to be approved by the City.
• Maintaining bike paths and pedestrian ways, in that all bike and pedestrian
ways will be maintained during construction and any temporary detours
required are safe and convenient.
F. The proposed Project is consistent with the goals and objectives of the Draft
Local Coastal Plan, in that the amendments to the Land Use Plan in the Draft
Local Coastal Program (LCP) address three main categories: parking and access,
coastal recreation access, and coastal development. As proposed and mitigated,
the project would be consistent with the City's Draft LCP.
G. The Planning Commission has independently reviewed and certified a project
Environmental Impact Report ("the EIR") (State Clearinghouse No. 2001 061111)
and Mitigation Monitoring Program in conformance with the California
Environmental Quality Act ("CEQA") and the CEQA Guidelines (Title 14,
California Code of Regulations Section 15000 et seq.) through the adoption of
this Resolution. Because the EIR identified significant unavoidable
environmental impacts (even with recommended mitigation) from the project
Page 9
relating specifically to air quality emissions from vessels during the installation of
the ocean segment, the Planning Commission balanced the benefits of the
proposed project against the unavoidable risks and recommends the City Council
certify the FEIR and adopt a statement of overriding considerations relating to air
quality pursuant to Public Resources Code Section 21081 and CEQA Guidelines
Section 15093 (a).
SECTION 20. Based upon the foregoing findings, the Planning Commission
hereby:
1) Recommends that the City Council, certify the, FEIR for the project, including a,
Statement of Overriding Considerations relating to Air Quality,, and make the findings
contained In the "Statement of Findings and Facts, in Support of Findings" attached
hereto as Exhibit "A" with respect to each of the significant impacts defined in the
FEIR and the alternatives analysis.
2) Recommends that the City Council find that each fact in support of the finding is true
and is based upon substantial evidence in the record, including the FEIR.
3) Recommends that the City Council adopt the Mitigation Monitoring Program.
4) Recommends that the City Council approve the Precise Development Plan/Planned
Development Permit No. 01-10, submitted on June 14, 2001, Subject to the following
conditions and the mitigation measures summarized below, (with the complete list of
requirements for each applicable Mitigation Measure detailed in the EIR) and the
Mitigation Monitoring Program attached hereto and incorporated within as Exhibit
No. 1.
5) Finds that the lease agreement between the City of Hermosa Beach and TyCom
submarine fiber optic cable project is consistent with the City's General Plan.
A. PLAN, DEVELOPMENT AND USE REQUIREMENTS
1. The construction and continuing use of the Project shall conform to the applicable
submitted plans and the Mitigation Monitoring Program reviewed and approved
by the Planning Commission for a single landing site at Second Street, utilizing
direct burial method of installation and the requirement that the grounding beds
on the beach be located a Minimum of 100 feet from the nearest residential
property line. Any minor deviations from the approved plans relating to
construction staging areas or alignments shall be reviewed and may be approved
by the Community Development Director.
2. Prior to issuance of construction permits, project ject plans shall be reviewed and
approved by the Community Development Department and Public Works
Department for consistency with the applicable plans reviewed and approved by
the Planning Commission and City Council.
3. Prior to issuance of construction permits, the lease shall be fully executed for use
of city owned property in connection with the Project.
Page 10
4. Prior to issuance of construction permits, TyCom shall provide evidence to the
City of Hermosa Beach that all required permits from other applicable permitting
agencies have been obtained.
5. Design, construction, and continuing use of the Project shall comply with all
requirements of the City, including, but not limited to Public Works and Fire
Departments.
6. Pursuant to Section 17.50 of the Zoning Code, the Precise Development
Plan/Planned Development Permit shall be null and void within eighteen months
from the date of execution of the lease agreement unless construction permits
have been obtained.
B. LAND USEAL RIME USE/RECREATION (see the Mitigation Monitoring
Program and EIR for a complete list of requirements associated with each of the
following mitigation measures which are summarized below)
7. Pursuant to Mitigation Measure #MU/LU/R-1: TyCom shall keep its Notice to
Mariners current by providing written update notices to the Commander, Eleventh
Coast Guard District, 501 West Ocean Boulevard, Long Beach California 90802,
every two weeks during project installation.
8. Pursuant to Mitigation Measure #MU/LU/R-2: Similar to the Notice to Mariners,
TyCom shall provide notice to Department of Conservation, U.S. Navy,
California Coastal Commission (CCC), and the Cities of Hermosa Beach and
Redondo Beach two weeks before commencement of marine cable installation.
9. Pursuant to Mitigation Measure #MU/LU/R-3: After the marine alignments have
been installed, TyCom shall submit as -laid plans, including depth of burial from
the mean high tide to 1,800-meter water depth, to the Department of
Conservation, U.S. Navy, CCC, and the Cities of Hermosa Beach and Redondo
Beach,
10, Pursuant to Mitigation Measure #MU/LU/R-4: Every 18 months for the life of
the project, or at a modified frequency if authorized by the CCC, TyCom shall
survey the marine alignments from mean high-water line to the 1,200-meter
seawater depth mark to verify that the alignments have remained buried consistent
with the as -laid plans detailed in Mitigation Measure #MU/LU/R-3.
11. Mitigation Measure #MU/LU/R-5: Ninety days before taking the marine cables
out of service or expiration of the submerged land lease or permits with Hermosa
Beach, TyCom shall apply for amendments to all applicable marine permits to
retire, abandon, or remove the cable. (see DEIR for more requirements and
requirements and detailed discussion)
Page 11
11 Pursuant to Mitigation Measure #MU/LU/R-6: TyCom shall protect public safety
by preventing public access to the marine construction zone by using barriers,
buoys, or other controls in an manner approved by the CCC or other applicable
permitting agency.
13. Pursuant to Mitigation Measure #MU/LU/R-7: TyCom's payments to the City
pursuant to the lease shall, in part, compensate the City of Hermosa Beach for the
displacement of the beach and use of public property by providing monetary
compensation to fund beach -related improvements, reimbursement of costs for
City inspections and other terms identified in the lease.
14. Pursuant to Mitigation Measure #MU/L,U/R-8: TyCom shall schedule the
construction of the project to avoid construction during peak summer use of the
beach and in areas where access to the beach would be affected, unless otherwise
authorized by the City and CCC.
15. Pursuant to Mitigation Measure #MU/L,U/R-9: TyCom shall submit a plan to the
City of Hermosa Beach Community Development Director and Public Works
Directors for City and CCC approval showing how TyCom will ensure that the
cable stays buried in the shoreline area such that it won't impact beach users. In
the event the cable becomes exposed, TyCom shall initiate actions to rebury the
cable in a manner and time frame approved by the Director of Public Works.
In addition, TyCom shall maintain adequate slack in the cable pay out of the
manhole during the initial installation, in the event the cable later becomes
exposed on the beach, along the shoreline or out a distance comparable to the end
of the pier and reburial of the cable is required.
The City, at its discretion, shall have the ability to require TyCom to rebury the
cable at the lowest sand migration period of the year to ensure future exposure of
the cable is minimized. Prior to reburial, a reburial plan shall be submitted to the
City for review and approval and TyCom shall obtain all required applicable
permits.
16. Pursuant to Mitigation Measure #MUILU/R-10: TyCom shall submit detailed
engineering (plan, profile and cross section) as -laid plans of the nearshore and
beach areas (30 meter sea water depth mark to the western edge of The Strand)
along the cable alignments including depth of burial to the CCC, County of Los
Angeles Lifeguards and Hermosa Beach. The cable location shall be recorded to
national map standard accuracy.
17, Pursuant to Mitigation Measure #MU/LU/R-11: TyCom shall fence the staging
areas and cover the fence with screening acceptable to the Community
Development Director to prevent public access and reduce the visibility of
construction activities.
Page 12
18.. Pursuant to Mitigation Measure #MU/LU/R-12: TyCom shall provide written
notice to the City of Los Angeles, City of El Segundo, City of Lawndale, City of
Manhattan Beach, City of Redondo Beach, and City of Torrance one month prior
to the commencement of construction to alert these municipalities that a portion
of the beach will be closed, the length of time it will be closed and to provide a
telephone number for answers to questions regarding the project.
19. Pursuant to Mitigation Measure #MU/LU/R-13: A week before preparation of
staging and construction areas, TyCom shall relocate any affected existing
municipal facilities on the beach as directed by the City.
20.. Pursuant to Mitigation Measure #MU/LU/R-14: One month before
commencement of construction, TyCom shall coordinate with the Caltrans,
County of Los Angeles Lifeguards and Hermosa Beach to provide signage along
the Pacific Coast Highway, Hermosa Avenue, Longfellow Avenue, Second Street,
Pier Avenue and at the beach, to alert visitors that a part of the beach will be
closed, the length of time it will be closed and a telephone number for answers to
questions regarding the project. Notice will also be given to local residents
through announcement in The Beach Reporter and on the City of Hermosa
Beach's website.
21, Pursuant to Mitigation Measure #MU/LU/R-15: TyCom shall ensure that access
to The Strand is not disrupted for more than 4 hours at any location. Detours to
maintain access will be marked and designed to protect public safety in a manner
approved by the Director of Public Works.
22. Pursuant to Mitigation Measure #MU/LU/R-16: Before initiating construction,
TyCom shall coordinate with Hermosa Beach and provide signage along the
length of all affected roads to advise bicyclists of the temporary construction and
the estimated period of construction along these routes in an manner approved by
the Director of Public Works.
23, Pursuant to Mitigation Measure #MU/LU/R-17: During construction of segments
at pedestrian or bike paths, the construction crews will keep all construction
equipment and trenching equipment off the paved roadway or it will be
maintained to the maximum extent feasible to allow bicyclists to continue to use
the road or detours. Otherwise, alternate routes may be required in a manner and
location approved by the Director of Public Works.
24. Pursuant to Mitigation Measure #MU/LU/R-18: During construction when
equipment is located in the roadway, the project applicant shall provide flag
persons to guide pedestrian, bicyclists and motor vehicles past the construction
zone required in an manner and location approved by the Director of Public
Works.
Page 13
25, Pursuant to Mitigation Measure #MU/LU/R-19: Upon completion of construction,
the project applicant shall repair all pedestrian bicycle lanes and roadways that
have been damaged by the construction process to City standards (or other
jurisdictional standards such as the Caltrans if applicable) in an manner and
location approved by the Director of Public Works.
26. Pursuant to Mitigation Measure #MU/LU/R-20: TyCom shall maintain access to
neighborhood businesses, including parking lots, at all times during project
construction in an manner approved by the Director of Public Works.
C. GEOLOGY/SOILS/MINERAL RESOURCES (see the Mitigation Monitoring
Program and EIR for a complete list of requirements associated with each of the
following mitigation measures, which are summarized below)
27, Pursuant to Mitigation Measure #G-1: All components shall be built to City -
approved standards, incorporating appropriate seismic design standards.
28. Pursuant to Mitigation Measure #G-2: If any alterations are made to the route
aligning within 50 feet of any oil and gas wells, the wells should be identified and
flagged in the field so that all construction activities will avoid them. If the route
collides with a well, the immediate area will be evacuated and flagged off. CDC,
Division of Oil and Gas, will be notified immediately. The construction
supervisor will initiate consultation with the division for remedial operations. In
the event of collision with a well outside the 3 statute mile line, the Mineral
Management Service will be contacted.
29. Pursuant to Mitigation Measure #G-4: Trench backfilling shall begin
immediately after the cable is placed in the trench. Backfill material will be
compacted to eliminate erosion and sand settlement in conformance with the
specifications of the City of Hermosa Beach, in -an manner approved by the
Hermosa Beach Director of Public Works and when in the City of Redondo
Beach in an manner approved by the Redondo Beach Director of Public Works.
D. WATER RESOURCES (see the Mitigation Monitoring Program and EIR for a
complete list .of requirements associated with each of the following mitigation
measures, which are summarized below)
30. Pursuant to Mitigation Measure #W-1: TyCom shall have a shipboard oil
pollution emergency plans (SOPEPs) for their installation, repair, and monitoring.
The SOPEPs shall comply with International Convention for the Prevention of
Pollution from Ships (MARPOL) Annex 1.
31. Pursuant to Mitigation Measure #W-2: The primary work vessel shall carry on
board a minimum of 122 m. (400 feet) of sorbent boom, five bales of sorbent pads
at least 45cm by 45cm (18 inches by 18 inches) square and a small powered boat
Page 14
for rapid deployment to contain and clean up any small spill or sheen on the water
surface.
32. Pursuant to Mitigation Measure W-3: Proposed marine activities shall not require
the exchange of ballast in waters less than 22.2 kilometers off -shore (12 nautical
mile [(nm]). Ballast water management, record keeping and reporting shall be in
compliance with applicable MARPOL and USCG regulations.
33. Pursuant to Mitigation Measure W-3: Proposed marine activities shall not require
the exchange of ballast in waters less than 22.2 kilometers off -shore (12 nautical
mile [(nm]). Ballast water management, record keeping and reporting shall be in
compliance with applicable MARPOL and USCG regulations.
34. Pursuant to Mitigation Measure W-4: TyCom related vessels shall not discharge
untreated sewage into marine waters less than 22.2 kilometers off -shore (12
nautical miles). Vessels must be equipped to collect and contain or treat sewage
wastes. Vessels shall not discharge untreated bilge water to the marine waters
less than 22.2 kilometers off -shore (12 nautical miles). Treatment and handling of
sewage, bilge water, and deck drainage shall be in accordance with applicable
MARPOL and USCG regulations.
35. Pursuant to Mitigation Measure W-5: All TyCom work vessels shall maintain a
logbook to keep track of all debris created by objects of any kind that may fall
into waters within the jurisdictional areas of permitting agencies. Types, date,
time, and location of debris that enters water during offshore operations shall be
documented to facilitate identification and location of debris for debris recovery
and site clearance verification.
36. Pursuant to Mitigation Measure #W-6, TyCom will development and implement
SWPPP that identifies BMP's to be used during construction.
E. MARINE BIOLOGICAL RESOURCES (see the Mitigation Monitoring Program
and EIR for a complete list of requirements associated with each of the following
mitigation measures, which are summarized below)
37. Pursuant to Mitigation Measure #MB-1: If the interidial beach work occurs in
April or May, a biologist will monitor the beach within 30 meters (98 feet) of
each cable landing site.
38. Pursuant to Mitigation Measure #MB-4: Support vessels shall make every effort
to maintain a distance of 1,000 feet from sighted whales and other threatened or
endangered marine mammals and sea turtles.
39. Pursuant to Mitigation Measure #MB-5: Support vessels shall not cross in front of
migrating whales.
Page 15
40. Pursuant to Mitigation Measure #MB-6: When paralleling whales, support vessels
shall operate at a constant speed that is not faster than the whales.
4L Pursuant to Mitigation Measure #MB-7: Female whales shall not be separated
from their calves.
42. Pursuant to Mitigation Measure #MB-8: Support vessels shall not be used to herd
or drive whales.
43. Pursuant to Mitigation Measure #MB-9: If a whale engages in evasive or
defensive action, support vessels shall drop back until the animal calms or moves
out of the area.
44, Pursuant to Mitigation Measure #MB-10: Collisions with marine mammals or sea
turtles shall be reported promptly to the applicable federal and state agencies,
pursuant to each agency's reporting procedures.
45. Pursuant to Mitigation Measure #MB-11: TyCom shall bury the marine fiber-
optic cable in accordance with the Project Description for direct burial, and as
required by the City of Hermosa Beach CCC to reduce the probability that fishing
gear will become snagged.
46. Pursuant to Mitigation Measure #MB-13: TyCom shall rebury any cable that
becomes exposed after installation for any reason (e.g., fishing gear snags, cable
repair, or shifting sediments) in a manner approved by the Director of Public
Works and the CCC. Also see other applicable Conditions of approval above.
47. Pursuant to Mitigation Measure #MB-14: TyCom shall attempt to retrieve lost
fishing gear attributable to TyCom's facility and as required by the CCC.
48. Pursuant to Mitigation Measure #MB-15: To reduce the potential for interference,
four biologists familiar with sea turtle basking behavior will be on the cable lay or
support vessel to watch for sea turtles that approach the project area during
operations. If an individual approaches the work area, the monitor will have the
authority to cease operations (stop the vessel) until the animal leaves the area.
R FISHERIES (see the Mitigation Monitoring Program and EIR for a complete list
of requirements associated with each of the following mitigation measures, which
are summarized below)
49. Pursuant to Mitigation Measure #F-1: TyCom shall advise commercial and
recreational fishermen of a definite work schedule two weeks in advance of
installation.
50, Pursuant to Mitigation Measure #F-2: TyCom shall bury the entire marine cable 1
meter below the seafloor for areas where the water depth is less than 1,200
Page 16
meters, except where the bottom features prevent burial or as required by the
CCC.
51. Pursuant to Mitigation Measure #F-3: Unless otherwise permitted by CCC,
TyCom will inspect the route immediately following installation, every 18 months
thereafter and after events that affect the cable for the life of the cable to ensure it
remains buried.
52. Pursuant to Mitigation Measure #F-5: Commercial fishers shall be compensated
for fishing gear (including anchors) that is damaged or lost during installation or
becomes snagged on the marine cables attributable to TyCom's facility.
53. Pursuant to Mitigation Measure #F-6: TyCom shall attempt to retrieve lost fishing
gear attributable to TyCom's facility immediately.
54. Pursuant to Mitigation Measure #F-7: TyCom shall hold Fishers harmless for
unintentional damage to a buried cable.
G. TERRESTRIAL BIOLOGICAL RESOURCES (see the Mitigation Monitoring
Program and EIR for a complete list of requirements associated with each of the
following mitigation measures, which are summarized below)
55. Pursuant to Mitigation Measure #TB-1: Measures shall be implemented to further
minimize impacts to common wildlife, including covering or fencing holes or
trenches, and monitoring construction area for trapped wildlife.
56, Pursuant to Mitigation Measure #TB-2: If construction occurs in the greenbelt
between March and August (i.e., the period covering the nesting seasons of
Cooper's hawks, American kestrels, red -shouldered hawks, red-tailed hawks, and
peregrine falcons), TyCom shall conduct preconstruction raptor surveys. If active
nests are identified, a no -construction zone will be established around the nest.
H. CULTURAL RESOURCES (see the Mitigation Monitoring Program and EIR for
a complete list of requirements associated with each of the following mitigation
measures, which are summarized below)
57, Cultural Resources Pursuant to Mitigation #CR-1: TyCom shall conduct enhanced
monitoring for all soil -disturbing activities from Fifth Street south to the TyCom
Cable Station, in an manner approved by the Director of Community
Development and Director of Public Works.
58. Cultural Resources Pursuant to Mitigation #CR-2: TyCom shall conduct standard
archaeological monitoring for all soil -disturbing activities north of Fifth Street in
Hermosa Beach, in an manner approved by the Director of Community
Development.
Page 17
59. Cultural Resources Pursuant to Mitigation #CR-3: TyCom shall conduct
additional marine surveys and to avoid any features identified during the survey
that could be cultural resources of potential significance, in an manner approved
by the Director of Community Development.
60. Cultural Resources Pursuant to Mitigation #CR-4: The additional survey
identified in #CR-3, above, will cover about 10% of the total distance of the
routes, including nearshore areas where most shipwrecks would be expected. If
that survey does not reveal potential shipwrecks that were not already identified
by sidescan sonar no further surveys would be required. If, however, the survey
reveals potential shipwrecks that were not already identified by the sidescan
sonar, then the entire portions of the route where the water depth is less than
1,200 meters would have to be surveyed with a magnetometer. If features are
identified that could be cultural resources of potential significance, TyCom shall
reroute the cable(s) and avoid the identified feature(s) by at least 100 meters in an
manner approved by the CCC.
I. NOISE (see the Mitigation Monitoring Program and EIR for a complete list of
requirements associated with each of the following mitigation measures which are
summarized below)
61. Pursuant to Mitigation Measure #N-1: TyCom shall limit construction to 8 a.m. to
sunset„ Monday through Friday for the beach segment of the 'project; and for the
other segments of the project, as permitted by the approved by the Director of
Public Works and the CCC.
62. Pursuant to Mitigation Measure #N-2: For the beach segment of the Project,
TyCom will implement operational constraints, to the extent feasible, such as
operating only one piece of equipment at a time, and shutting it off when not in
use.
63. Pursuant to Mitigation Measure #N-3: TyCom shall notify residences and
commercial buildings adjacent to proposed construction by mail at least-2 weeks
prior to construction.
64. Pursuant to Mitigation Measure #N-4: Prior to construction, TyCom shall prepare
a plan containing noise control measures for construction equipment and submit it
to the cities of Hermosa Beach and Redondo Beach for review and approval. This
plan will detail how the equipment noise will be muffled.
J. TRANSPORTATION (see the Mitigation Monitoring Program and EIR for a
complete list of requirements associated with each of the following mitigation
measures which are summarized below)
65. Pursuant to Mitigation Measure #T-1: TyCom shall notify the Public Works
Department, Fire Department, Police Department, medics, and school bus garage
Page 18
of Hermosa Beach, Redondo Beach, and Manhattan Beach, before operations so
that they may re-route emergency and service vehicles around the construction
zones.
66. Pursuant to Mitigation Measure #T-2: Delivery of construction materials to
individual work sites on state highways and city streets shall be conducted during
off-peak commute hours (before 7:30 a.m. and after 9 a.m., and before 5 p.m. and
after 7 p.m.).
67. Pursuant to Mitigation Measure #T-3: The contractor shall prepare and submit
traffic control plans prepared in accordance with Caltrans and city guidelines to
the Cities of Hermosa Beach and Redondo Beach for review and approval before
beginning construction. Copies of the traffic control plans shall be on -site during
construction.
68. Pursuant to Mitigation Measure #T-4: All business and residences that would be
directly affected by'a blocked driveway or loss of parking will be provided with
advance notification from TyCom of one week as to when the access and/or
parking will be blocked.
69. Pursuant to Mitigation Measure #T-6: During non -working hours, the contractor
for TyCom will keep the existing traffic lanes clear for traffic without interference
from the operations, equipment, and materials in a manner approved by the
Director of Public Works.
70. Pursuant to Mitigation Measure #T-7: TyCom shall submit a Parking Plan to the
City of Hermosa Beach, subject to the review and approval by the Public Works
Director.
71. Pursuant to Mitigation Measure #T-8: TyCom shall provide "A Notice to
Mariners" that will be issued two weeks before construction.
72. Pursuant to Mitigation Measure #T-9: TyCom shall notify USCG of dates of
construction, and potential dates of crossing traffic lanes.
K. AIR QUALITY (see the Mitigation Monitoring Program and EIR for a complete
list of requirements associated with each of the following mitigation measures
which are summarized below)
73. Air Quality Pursuant to Mitigation Measure #A-1: TyCom shall implement at
least one of the reasonably available control measures specified in SCAQMD
Rule 403 to minimize fugitive dust impacts. Measures to minimize this impact
may include using water on a periodic basis on uncovered stockpiles or cleaning
the tires of work vehicles to limit the amount of dirt tracked on to streets.
Page 19
74. Pursuant to Mitigation Measure #A-2: TyCom shall use best available control
technology for construction equipment (CBACT).
75, Pursuant to Mitigation Measure #A-4: TyCom shall acquire emission credits out
to three nautical miles and beyond three nautical miles, as may lawfully be
imposed by the SCAQMD to further reduce NOX, ROC and SO2 emissions.
76. Pursuant to Mitigation Measure #A-5: TyCom shall use ARB on -road diesel fuel
to reduce ROC emissions.
77. Pursuant to Mitigation Measure #A-6: TyCom shall implement a comprehensive
maintenance program for vessel diesel engines, to reduce CO emissions.
78. Pursuant to Mitigation Measure #A-7: TyCom shall use clean diesel fuel having a
maximum sulfur content of 15 ppm, or as otherwise allowed by SCAQMD and
the CCC.
L, HAZARDOUS MATERIAL AND RISK OF UPSET (see the Mitigation
Monitoring Program and EIR for a complete list of requirements associated with
each of the following mitigation measures, which are summarized below)
79. Pursuant to Mitigation Measure #H-1: TyCom shall prepare a Spill Prevention
and Contingency Plan (SPCP) for construction activities. The SPCP plan will be
submitted to the Hermosa Beach Fire Department for approval prior to issuance of
the City's construction permit.
80. Pursuant to Mitigation Measure #H-2: Before construction begins, site workers
will be trained to recognize and respond to spills in accordance with the SPCP
plan and which authorities to contact. Construction crews shall have an
emergency spill kit containing sorbent booms and pads, personal protective
equipment (PPE), and emergency response guidance.
81. Pursuant to Mitigation Measure #H-3: Construction equipment used by TyCom
shall be maintained and kept in operating condition to reduce the likelihood of
line breaks and leakage.
82. Pursuant to Mitigation Measure #H-4: Absorbent material or drip pans shall be
placed underneath TyCom related vehicles during equipment maintenance or
refueling. Refueling may take place on the beach, but only within a designated
and contained refueling area as approved by the City and the CCC. Any refueling
shall be conducted at least 30.5 meters (100 feet) away from the mean high tide.
83. Pursuant to Mitigation Measure #H-5: TyCom shall ensure all hazardous
materials used at the staging area shall be stored in the proper storage containers
and shall have sufficient secondary containment to contain any potential spill.
Page 20
84,, Pursuant to Mitigation Measure #H-6: TyCom shall ensure all human waste at the
construction area be disinfected. Portable chemical toilets will be used.
85, Pursuant to Mitigation Measure #H-7: The Cable Station's underground diesel
storage tank and the piping will be installed and operated in compliance with
applicable state and federal regulations.
86. Pursuant to Mitigation Measure #H-8: TyCom shall ensure all hazardous waste
generated through maintenance activities, or if a spill occurs during construction,
will be disposed of according to appropriate State and federal regulations.
87, Pursuant to Mitigation Measure #H-9: The TyCom construction crew shall be
informed of the types of hazardous substances that could be encountered and the
indicators of the contaminants.
88. Pursuant to Mitigation Measure #H-10: If hazardous substances are encountered,
the appropriate agencies shall be immediately notified to determine further
courses of action. Installation work shall not resume until it is determined by the
local regulatory agencies that installation shall not create an adverse impact to
human health.
89. Pursuant to Mitigation Measure #H-11: TyCom's construction contractor shall
develop and implement a Health and Safety Plan (HSP) consistent with 29 CFR
1910 (OSHA Occupational Safety and Health Standards) and 29 CFR 1926
(OSHA Safety and Health Regulations for Construction).
90. Pursuant to Mitigation Measure #H-12: The TyCom construction crew will be
trained on safety measures regarding trenching and excavation, work zone CPR,
spill prevention, and driving safety.
91. Pursuant to Mitigation Measure #H-14: TyCom contractors will receive training
regarding the proper handling and/or storage of potential fire hazards, potential
ignition sources (such as smoking or sparking equipment), and appropriate types
of fire protection equipment.
92. Pursuant to Mitigation Measure #H-15: TyCom shall identify all utilities before
construction, using utility locator services.
93. Pursuant to Mitigation Measure #H-16: As described in Section 16.1.5 of the EIR,
other mitigation measures detailing construction offsets will be required if utilities
are encountered and notification of the proper authorities if a utility is damaged.
94. Pursuant to Mitigation Measure #H-17: The Cable Station will be equipped with
an automatic protection system to prevent power surges.
Page 21
95. Pursuant to Mitigation Measure #H-18: Before entering the project area, the
vessel will notify USCG, which will issue a Notice to Mariners to alert marine
users in the area of the project activity.
96. Pursuant to Mitigation Measure #H-19: A Shipboard Oil Pollution Emergency
Plan (SOPEP) will be developed and implemented before the cable vessel enters
the project area for installation, repair, and monitoring.
97, Pursuant to Mitigation Measure #H-20: A critical operations and curtailment plan
will be developed and implemented to delineate and maintain safe operating
conditions, aboard the cable -lay vessel. This plan will specify the appropriate
wind and sea conditions for the operation of the vessel, will refer to the
appropriate personnel and evaluation procedures, and will require adherence to
the ship's oil spill response plan.
98, Pursuant to Mitigation Measure #H-21: The primary work vessel shall carry on
board a minimum of 122 in. (400 feet) of sorbent boom, five bales of sorbent pads
at least 45cm by 45cm (18 inches by 18 inches) square and a small powered boat
for rapid deployment to contain and clean up any small spill or sheen on the water
surface.
99. Pursuant to Mitigation Measure #H-22: A local on -water response vessel, an oil
spill response organization (OSRO) located in Los Angeles, will be placed on
standby during installation.
100. Pursuant to Mitigation Measure #H-23: Standard safety measures shall be
incorporated into vessel operating procedures and confirmed by the safety
certificate issued by USCG to limit the risk of fire and explosion to a less -than -
significant level. (see DEIR for more requirements and detailed discussion)
M. PUBLIC UTILITIES AND SERVICES (see the Mitigation Monitoring Program
and EIR for a complete list of requirements associated with each of the following
mitigation measures, which are summarized below)
101. Measure #PU/S-1: Prior to issuance of construction permits, TyCom shall
disseminate information to the fire, police, and public works departments in
Hermosa Beach, Redondo Beach, and Manhattan Beach to notify them of
construction on affected roads.
102. Pursuant to Mitigation Measure #PU/S-2: TyCom shall work with local police
and fire departments and utility service providers, and prepare and implement an
Emergency Response Plan. This plan shall include provisions for a confined
space rescue team.
103, Pursuant to Mitigation Measure #PU/S-3: Prior to issuance of construction
permits, TyCom shall submit detailed maps of the proposed fiber optic cable route
Page 22
to utility providers and agencies. If the proposed route crosses existing utility
lines, TyCom shall coordinate with utility providers and applicable agencies to
determine the appropriate depth of fiber optic cable and construction method for
installation, through the use of "Dig Alert" and other means approved by the
Director of Public Works.
104. Pursuant to Mitigation Measure #PU/S-4: TyCom shall coordinate with utility
providers, and have utilities located, and will pothole as necessary to avoid
disrupting utilities, thereby minimizing the risk of accidental striking.
105% Pursuant to Mitigation Measure #PU/S-5: TyCom shall comply with State and
Federal law concerning location of fiber optic cable relative to other utilities.
106, Pursuant to Mitigation Measure #PU/S-6: In the event of an accidental striking,
TyCom will replace or repair any damaged utility lines, pipelines, or any other
utility infrastructure.
107. Pursuant to Mitigation Measure #PU/S-7: TyCom shall ensure maintenance of at
least 25 feet of beach access around the perimeter of the staging area for
emergency vehicle access.
108, Pursuant to Mitigation Measure #PU/S-8: TyCom shall ensure that there will be
no time lapse between the establishment of temporary lifeguard towers and the
displacement of lifeguard towers at Longfellow Avenue and Second Street.
109, Pursuant to Mitigation Measure #PU/S-9: TyCom shall identify beach tower
communication lines and avoid striking them during construction. TyCom shall
relocate the lines with the lifeguard towers, so that communication and beach
safety are maintained.
110. Pursuant to Mitigation Measure #PU/5-10: TyCom shall provide mock up designs
of the proposed fencing around the beach construction area to the Los Angeles
County Lifeguards to ensure that visibility from the lifeguard towers is
maintained.
N. CONSTRUCTION & PHASING
11 L Construction staging on the beach shall be as shown on approved project staging
plans per the Project EIR for a direct burial method of installation. Requests for
minor alternate construction staging shall be considered through written request to
the Director of Community Development and Director of Public Works.
112. TyCom shall coordinate in the preparation of a Construction Operation Plan and
Program. Said plan shall be reviewed and approved prior to the issuance of
construction permits by the Director of Public Works. The plan shall incorporate
the following:
Page 23
Specifications for fencing of the site and construction staging areas
evaluated to ensure maximum screening of views to site and aesthetic
concerns.
Limitations on construction activities by date and hour.
A scaled plan that depicts pedestrian circulation routes and demonstrates
the maintenance of safe and open access to the beach, The Strand, and the
greenbelt during project construction.
113, In order to avoid conflicts with special events held in the project area,
construction on the site shall be suspended on certain days as determined
appropriate by the City. The City shall retain the right to change or extend the
dates when warranted to ensure that special events are not significantly impacted
by project construction.
114. No closure, either temporary or permanent shall be allowed on the existing public
walkway known as The Strand.
115, TyCom shall include in its construction contract a clause which stipulates, to the
satisfaction of the City Attorney, that the contractor will recycle materials used in
construction to the extent feasible in order to divert construction waste from
regional landfills.
116. TyCom shall ensure that construction contractor's require employees to use off-
street parking. Such remote parking shall remain in use until the completion of
construction of the project.
O. CERTIFICATIONS
117. An acceptance of conditions form shall be executed by TyCom and submitted to
the Community Development Department prior to issuance of construction
permits.
H & This grant shall not be effective for any purposes until TyCom has filed at the
office of the Planning Division of the Community Development Department their
affidavits stating that they are aware of, and agree to accept, all of the conditions
of this grant.
119. The PDP and this Resolution shall be recorded, and proof of recordation shall be
submitted to the Community Development Department.
120. Each of the above conditions is separately enforced, and if one of the conditions
of approval is found to be invalid by a court of law, all the other conditions shall
remain valid an enforceable.
121. TyCom shall defend with Counsel of the City's choosing, indemnify, and hold
harmless the City, it agents, officers, and employees from any claim, action, or
Page 24
proceeding against the City or its agents, officers, or employee to attack, set aside,
void or annul this permit approval or any other proceeding or action taken
pursuant to this permit. The City shall promptly notify TyCom of any claim,
action, or proceeding and the City shall cooperate fully in the defense.
122. TyCom shall reimburse the City for any court and attorney's fees, which the City
may be required to pay as a result of any claim or action brought against the City
because of this grant.
123. The Project shall be developed, maintained and operated in full compliance with
the conditions of this grant and any law, statute, ordinance or other regulation
applicable to any development or activity on the subject property. Failure of
TyCom to cease any development or activity not in full compliance shall be a
violation of these conditions.
124. Pursuant to Code of Civil Procedure Section 1094.6, any legal challenge to the
decision of the City Council must be brought within 90 days after the final
decision by the City Council.
SECTION 21. The Secretary shall certify the adoption of this Resolution.
PASSED, APPROVED and ADOPTED this 5th day of December 2001.
VOTE: AYES: Comms.Hoffman,Kersenboom,Tucker,Pizer
NOES: None
ABSENT: Chmn.Perrotti
ABSTAIN: None
CERTIFICATION
I hereby certify the foregoing Resolution P.C. 01-37 is a true and complete record of the
action taken by the Planning Commission of the City of Hermosa Beach, California, at
their regular meeting of December 5, 2001.
Ron Pizer, Vice Chairman
/J��-0
Date
�Bluty ld, Secretary
FAB95\CD\TyCom\PC Reso for TyCom 12-5.doc
Page 25