Community Environmental Advisory Commission · 2010. 12. 2. · 2011 CEAC operational plan (CEAC...

Toxic Management Division – Planning and Development Department 2118 Milvia Street, Suite 300, Berkeley, California 94704 TEL: 510.981.7460 TDD: 510.981.6903 FAX: 510.981.7470

e-mail: [email protected]

Community Environmental Advisory Commission

AGENDA FOR REGULAR MEETING – THURSDAY DECEMBER 2, 2010, 7:00 PM

First Floor Conference Room, 2118 Milvia Street, Berkeley

I. Call to Order and Roll Call:

II. Action Minutes Review/Adoption: Review and adopt minutes from the meeting of 11/4/10.

III. CEAC Action Tracker: Tabular report of actions taken by CEAC in the last 6 months.

IV. Report from the Chair: Welcome new members. Report on his contact with Arreguin on home gardening, contact with Anderson on Pacific Steel Casting.

V. Comments from the Public (3 minute limit):

VI. Agenda Prioritization: Commissioners may request to re-arrange agenda. VII. Reports from Subcommittees and Task Force Delegates: None.

VIII. Toxics Management Division Report: Update on inspections, staffing, funding and enforcement (where possible) for the Certified Unified Program (CUPA) remediation and stormwater programs.

IX. Discussion/Action:

a. West Berkeley Plan. Report back from Subcommittee on any amendments to West Berkeley Plan updates

b. Food Smoke & Odor Referrals to Environmental Health. Review City’s response to CEAC. Consider alternative ways meet goals.

c. Asbestos waste in demolitions. Bay Area municipalities only request asbestos evaluations for full demolitions and not for major reconstruction.

d. 2011 CEAC operational plan (CEAC elections and priorities for 2011) e. City’s Stormwater Infrastructure – upgrade of storm sewers

X. Announcements from Commissioners (3 minute limit): XI. Communications from Public to Commission: XII. Information Items: Maybe moved to action by majority vote. XIII. To be distributed: XIV. Next Agenda: Discussion/Action items proposed for future agenda. XV. Adjourn:

PLEASE NOTE: PLEASE BE PREPARED TO EXTEND THE MEETING UNTIL 10:00PM, IF NEEDED

Community Environmental Advisory Commission Meeting of December 2, 2010 of 2 Communications Are Public Records: Communications to Berkeley boar ds, commissions or committees are public records and will become part of the City’s electronic records, which ar e accessible through the City’s website. Please note: email addresses, names, addresses, and other contact information are not required, but if included in any communication to a City board, commission or committee, will become part of the public record. If you do not want your email address or any other contact in formation to be made public , you may deliver communications via U.S. Portal Service or in person to Commission Secretary Nabil Al-Hadithy. If you do not want your contact information inclu ded in the public record, please do not include that information in your communication. Please contact the Commission Secretary Nabil Al-Hadithy for further information. SB 343 Disclaimer Any writings or documents provided to a majority of the Commission regar ding any item on this agenda will be made available f or public ins pection at Toxic M anagement Div ision, Planning Department located at 2118 Milvia St, 3rd Floor, 94704. Please request information from N abil Al-Hadithy, Sec retary, at (510) 981-7 460 or by email at [email protected]

This meeting is being held in a wheelc hair accessible location. To request a disability-related ac commodation(s) to participate in the me eting, inc luding auxilia ry aids or services, please c ontact the Disability Ser vices spec ialist at 981-6346 (V) or 981- 7075 (TDD) at least three business days before the meeting date. Please refrain from wearing scented products to this meeting.

2118 Milvia Street, 3rd Floor, Berkeley, California 94704 ♦ TEL: (510) 981-7460 ♦ FAX: (510) 981-7470 ♦ TDD: (510) 981-6903

e-mail: [email protected]

Community Environmental Advisory Commission

DRAFT ACTION MINUTES - COMMUNITY ENVIRONMENTAL ADVISORY COMMISSION Regular Meeting of November 4, 2010

2118 Milvia St, 1st Floor, Berkeley 94704 Call to Order and Roll Call: Meeting called to order at 7:05PM Present: Leventis (Chair), McDonald, Banales, Cowles, Mesbah Bartlett, Harris, Hernandez. Absent: None. Secretary: Nabil Al-Hadithy, Clerical Aide: None Public Comment: (1 members of the public) Joy Brown, City of Berkeley, Public Works. Secretary Report: Report from the Chair: Presented background of activities on restaurant smoke. Commission Actions: 1. Minutes for Approval

Recommendation: Adopt Minutes of October 7, 2010 as amended Action: Motioned/ Seconded/Carried (Harris /Cowles). Votes: Ayes: McDonald, Cowles, Leventis, Harris. Noes: Abstain: Absent: Mesbah Bartlett, Hernandez.

2. Recommendation: City BMC 11.28.090 which is a nuisance complaint for smoke and

odors from restaurants cannot be adequately implemented without requiring corrections, or improvements. Such mitigations need technical expertise, which Environmental Health staff may not be trained for or have necessary equipment. Before asking the City to provide training and equipment, the CEAC authorizes the Chair to request the Mayor to seek assistance from BAAQMD for the City when mitigations are needed. The alternative is to ask for a professional engineer to provide mitigation or to find sufficient training for City staff. Action: Motioned/Seconded/Carried (Harris /Banales). Votes: Ayes: Unanimous. Noes: None. Abstain: None. Absent: None.

3. Recommendation: Action: Motioned/Seconded/Carried ( /). Votes: Ayes: Noes: Abstain: Absent.

Draft CEAC Minutes November 4, 2010 Page 2 of 2

Other Actions Janet Collins appointed as liaison for Planning Commission. Hernandez, Banales to West Berkeley Plan subcommittee and Cowles as chair

of subcommittee. Staff to share PW report with Sirona Fuel. Respond to student. Harris asks to update tracker: completion in September of the City’s water use

and add sharing of EBMUD emergency response to methane accident with the City.

TMD Report to the Community Environmental Advisory Commission December 2, 2010 1. Restaurant Smoke

It appears that Environmental Health dodged the bullet about getting the job of responding to odors and smoke; notwithstanding their existing codes to regulate odors and smoke. This is because of a potential state preemption per state Health & Safety Code Section 114149.1.

2. Funding TMD will lose $25k in general funds over the next 2 years. This is after losing $25k in 2010. This will take the funds down from near $250k to $150k. There will be additional cuts to TMD emergency response, citizen’s complaints, CEAC, etc.

3. Personnel After the loss of two half-time clerical aides, the TMD will be hiring a half-time Office Specialist II for 6 months. This may help us in data entry backlog and filing.

4. Decade Software No new developments. There is a problem with State reporting of chemical inventories for regulated facilities online. State may end up enabling facilities to avoid compliance with City of Berkeley Municipal Code, which is more restrictive than State codes. Cal HSC allows City of Berkeley to be more restrictive.

Item 8

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Community Environmental Advisory Commission – December 2, 2010

Stormwater Infrastructure

The Clean Stormwater Fund (a fee that is collected on the property tax statements, Berkeley Municipal Code 7.76) was established by Council in 1991. The fee generates approximately $1.9 million a year and has not been increased since it was established. Like many funds, the Clean Stormwater Fee must meet the notification and voting requirements of Proposition 218 (passed Nov 1996), making increases very difficult to pass. The use of the fund is restricted as defined in the BMC. The current funding level is insufficient to reduce the backlog of improvements to the City’s drainage facilities. The backlog is valued over $50 million for storm drains.

Most creeks within the City limits are located on private property, and thus are the responsibility of the property owner. The City estimates that over 80% of the creeks lie on private property within the City limits. There are opinions that the actual liability to the City is closer to 50% than 20%. The cost to the City for 20% ownership is $50M. The current economic downturn will likely significantly erode the ability to achieve an affirmative vote to increase the fee. The culverts and creeks are not likely to get attention from the City until a major disaster happens. The current level of disasters is not so large as to divert political attention. There is constant flooding in some areas and many backups. The impact to small percentage of private properties that have culverts under their properties is very substantial. It could be from $20k to $50k to renovate the culvert depending on the type of structure and where the culvert is located. The two biggest problems for Berkeley are:

the planning to collect funds for the eventual sewer upgrade and the adverse impact to the few properties who have culverts.

Item 9e

2118 Milvia Street, 3rd Floor Berkeley, CA 94704 Tel: 510.981-7400 Fax: 510 981-7470 TDD:510 981-6903 E-mail: [email protected]

Planning and Development Department

MEMORANDUM

November 29, 2010 TO: Nabil Al-Hadithy, Secretary, CEAC FROM: Wendy Cosin, Deputy Planning Director SUBJECT: West Berkeley Plan and West Berkeley Project This memo is in response to your request for additional information for CEAC regarding their subcommittee’s concerns about West Berkeley air quality issues. As discussed further below, the CEAC’s concerns are directly addressed in the recently prepared West Berkeley zoning amendments (known as the “West Berkeley Project”) and the Environmental Impact Report. The EIR is available at the following link: http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=10764 The West Berkeley Plan was adopted 17 years ago. While its environmental quality section is not up-to-date, there are no plans to update this section of the West Berkeley Plan. The City Council has established other work plan priorities for the Planning Department. One of the Department’s top priorities is the West Berkeley Project (WB Project). The City Council requested amendments to the zoning regulations in the City’s manufacturing districts in order to:

1. Remove obstacles to economically viable reuse of existing buildings consistent with the primary goals and objectives of the West Berkeley Plan; and

2. Facilitate development of large land holdings through a revised Master Use Permit process.

The WB Project was approved by the Planning Commission in October, and will be considered by the City Council in January. The WB Project amends the zoning regulations in the City’s manufacturing districts and also includes minor technical changes to the West Berkeley Plan’s Implementation Section as needed to ensure conformance.

CEAC Memo: West Berkeley Plan/West Berkeley Project

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DEIR: The WB Project’s Draft Environmental Impact Report (DEIR) includes a section on Air Quality, the primary focus of which is to evaluate how the zoning amendments could affect emissions on regional air quality, but which also addresses potential impacts on sensitive receptors. The Air Quality section of DEIR begins on page 4-14 from the following link:

http://www.ci.berkeley.ca.us/uploadedFiles/Planning_and_Development/Level_3_-_Redevelopment_Agency/WB_DEIR_4_Setting_Impacts_and_Mitigation_Measures.pdf The DEIR reflects current BAAQMD and CARB regulations, including information about buffering. In particular, impacts on sensitive receptors and specific mitigations are included in “Impact AIR-2”, Possible Exposure of Sensitive Receptors to Toxic Air Contaminants and Particulate Matter. This section of the DEIR is attached. When new development that includes sensitive receptors is proposed in West Berkeley, an air quality analysis and site-specific mitigations will be required. ZONING ORDINANCE AMENDMENTS: Most aspects of the WB Project do not relate to potential impacts on sensitive receptors. The amendments do not allow more housing than is currently allowed in West Berkeley. However, the following components of the WB Project are related to CEAC’s interest in air quality impacts on sensitive users. Each is discussed further below.

1. Revisions to the Mixed Use-Light Industrial (MU-LI) and Mixed Use-Residential (MU-R) zoning regulations regarding childcare.

2. Revisions to the Master Use Permit process to allow flexibility in the location of uses.

The Planning Commission staff reports and specific ordinance language are available from the following link. http://www.ci.berkeley.ca.us/ContentDisplay.aspx?id=49806 CHILDCARE The MU-LI District does not currently permit new childcare facilities, even though existing facilities are classified as 'protected uses' and the West Berkeley Area Plan recommends that childcare uses be permitted in this area. While the Zoning Adjustment Board (ZAB) has granted variances for childcare uses, the following amendments were approved by the Planning Commission as a more appropriate and streamlined process that responds to the recommendations of the West Berkeley Plan. Proposed change – amend MU-LI and MU-R zoning regulations as follows:

Allow incidental childcare with Zoning Certificate when childcare is for employees only;

Allow incidental childcare with an Administrative Use Permit and 300’ noticing requirement when childcare is for employees and non-employees; and

Allow stand-alone childcare with Use Permit and public hearing.


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Rationale: Allowing childcare in the MU-LI and MU-R districts will provide an opportunity for both new and existing businesses to create a desirable work environment for their employees. Allowing childcare close to residential areas and at places of employment will reduce the amount of driving required by parents. In some instances, parents might be able to walk their children to daycare. By allowing on-site employee childcare, employees can bring their child with them on their commute, reducing trips and driving time. In recognition of potential conflicts with nearby industrial uses and air quality issues, the following language is included in the proposed zoning amendments for the MU-LI District; similar language is included in the MU-R District. As indicated below, an analysis would be needed for these findings to be made for any new or expanded child care facility.

In order to approve a Permit for the establishment or expansion of a child care center, or recreational or educational facility to be used by children, the Zoning Officer or Board must make all of the following findings:

1. Development of the school, child care center, large family day care or recreational facility to be used by children is not, in the particular circumstances of the project, incompatible with adjacent and nearby uses, including industrial uses;

2. An appropriate risk analysis or risk assessment, as defined by the City, has been made and has shown that there is not significant risk to children in the use from other activities near the site;

3. The applicants have made adequate provisions to insure that all parents of students or children in the school, child care center, large family day care or recreational facility to be used by children will be notified in writing (on a form approved by the City) that the school is in the West Berkeley Plan MU-LI District, and that light manufacturing is a permitted activity in the District and that Primary Production Manufacturing or Construction Products Manufacturing may be permitted uses in adjacent districts, including a requirement that each parent will indicate that they have read and understood this information by means of a written statement returned to the school or child care center and available for review.

MASTER USE PERMIT FLEXIBILITY The Master Use Permit (MUP) process would allow ZAB to approve flexibility in placement of uses within a four-acre MUP site, including the potential for residential uses to be located in a portion of the site that has “manufacturing” zoning. However, in response to concerns regarding potential land use incompatibilities, such flexibility would only be allowed if the ZAB can make the following finding:

In order to approve a Master Use Permit that allows uses permissible in either the CW or MU-R districts that are specifically prohibited in M, MM, and MU-LI districts to be located in areas in the M, MM, or MU-LI districts, the Board must find that the


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proposed location(s) of those uses would not increase the incompatibility of uses, either within the site itself or between the site and surrounding area. For the purpose of making this finding, “residential use” shall be considered incompatible with industrial uses, unless exceptional site-specific circumstances demonstrate otherwise.

I hope this provides you and CEAC with enough information to demonstrate our shared concerns regarding sensitive receptors. Although the West Berkeley Plan will not be amended in the immediate future and the DEIR is past the period for comments, if the CEAC has specific comments on the mitigation language, we would be glad to consider them. Attachment: WB Project DEIR excerpt - Impact AIR-2: Possible Exposure of Sensitive Receptors to Toxic Air Contaminants (TACs) and Particulate Matter (PM2.5)

Impact AIR-2: Possible Exposure of Sensitive Receptors to Toxic Air Contaminants (TACs) and Particulate Matter (PM2.5) Development anticipated under the West Berkeley Project may expose sensitive receptors to TACs and PM2.5 through development of new non-residential development that may be sources of TACs and PM2.5 near existing residences or other sensitive receptors. Such exposure would represent a potentially significant impact. According to the BAAQMD CEQA Guidelines, for a project to have a less-than significant impact with respect to TACs, buffer zones must be established around existing and proposed land uses that would emit these air pollutants. Buffer zones to avoid TAC impacts must be reflected in local plan policies, land use maps, or implementing ordinances. New stationary sources of TACs would be subject to BAAQMD rules and regulations. BAAQMD Regulation 2, Rule 5 requires that new stationary sources meet emission standards, and the BAAQMD would be required to ensure that health risks associated with TAC emissions would be acceptable39. Sources of air pollutant emissions complying with all applicable BAAQMD regulations generally will not be considered to have an individual significant air quality impact. Stationary sources that are exempt from BAAQMD permit requirements due to low emission thresholds would not be considered to have a significant air quality impact. There are potential sources that are not regulated by BAAQMD that could be considered TAC sources. Such sources are identified in Table 4-4, above. These sources are not likely to be part of the West Berkeley Project. As a result, the West Berkeley Project would have a less than significant impact. When siting new sensitive receptors, the BAAQMD guidance advises that lead agencies examine existing or future proposed sources of TAC and/or PM2.5 emissions that would adversely affect individuals within the planned project. Although the West Berkeley Project does not propose new residences, daycare uses could be included in the West Berkeley area. As a result, implementation of the West Berkeley Project could place sensitive receptors near Interstate 80 or the Union Pacific Railroad line. In addition, there are stationary sources of TAC and PM2.5

emissions in the West Berkeley area. The combination of these sources could result in TAC levels that would be significant for new sensitive receptors. CARB recommends that new residential construction be set back 500 feet from freeways to avoid chronic health effects from air pollution exposure.40 The CARB’s setback recommendation is general, and does not distinguish between different types of freeways in California or the prevailing dispersion conditions that are site-specific. CARB does not have guidance regarding 39 BAAQMD risk policy requires that these sources have a cancer risk of less than 10 in one million, which is the same as BAAQMD’s recommended CEQA threshold. 40 California Air Resources Board, Air Quality and Land Use Handbook: A Community Health Perspective, 2005, page 4.

Attachment - Page 1 of 3

West Berkeley Project EIR Impact AIR‐2: Possible Exposure of Sensitive Receptors to Toxic Air Contaminants (TACs) and Particulate Matter (PM2.5)

setbacks from rail lines. An air quality analysis prepared for the 651 Addison Street Mixed Use Project indicated significant cancer risk from train traffic along the Union Pacific rail line41. The combination of truck traffic (especially traffic on Interstate 80), Union Pacific railroad traffic and industrial sources could present significant exposure to TACs for sensitive receptors in West Berkeley. Neither the General Plan nor the West Berkeley Plan includes policies to require buffers or reduce exposure of existing and future sensitive receptors from existing and future sources of TACs and PM2.5. The West Berkeley area is generally fully urbanized and there is no opportunity to develop buffer zones that would be needed to ensure that exposures are consistent with CARB and BAAQMD guidance (e.g., CARB Air Quality and Land Use Handbook and BAAQMD CEQA Guidelines.

There are a limited number of existing industries in West Berkeley that create air pollution (Pacific Steel Casting, Berkeley Forge and Tool, Berkeley Asphalt, the City’s Transfer Station, and two breweries). The Project proposes no changes in the types of uses allowed in the area than are currently permitted under existing zoning. While new regulations under the Project would allow a somewhat greater intensity of use than currently permitted, new uses would be required to meet higher standards of performance for the release of potential air quality pollutants and, therefore, the impacts of these projects should be much less than the impacts of existing businesses that were established without such controls. In regard to the impacts of the West Berkeley Project on nearby sensitive receptors such as housing, it should be recognized that most of West Berkeley, and especially the MULI area, developed as a mixed-use environment with light industrial and semi-commercial uses near older housing. In the past few years, some “live/work” units have also been developed. The proposed Project would not change that existing condition. In fact, it was the clear intent of the West Berkeley Plan to encourage the continuation of those conditions, with the potential conflicts that will often arise in such environments. The West Berkeley Project does not change the regulations for residential uses, but does allow development of additional childcare facilities. Despite the improvements in pollution control requirements, there could be localized effects if sensitive receptors are located close to industrial, commercial or restaurant uses that may create conflicts. The West Berkeley Project cannot anticipate such localized impacts, but can avoid significant impacts by ensuring that individual projects built under the West Berkeley Project do not create these conflicts. The exposure of new sensitive receptors to unhealthy levels of TACs would be a potentially significant impact. 41 Ambient. 2008. Air Quality Impact Analysis for City of Berkeley 651 Addison Street Mixed Use Project. June.


West Berkeley Project EIR Impact AIR‐2: Possible Exposure of Sensitive Receptors to Toxic Air Contaminants (TACs) and Particulate Matter (PM2.5)

Mitigation AIR-2: Site-Specific Analysis/Mitigation of Potential TAC and PM2.5 Emissions Associated with Proposed Development Projects. The City shall require new development projects within the West Berkeley area that would include sensitive receptors to analyze TAC and PM2.5 impacts and include mitigation measures to reduce exposures to less than significant levels. The following measures could be utilized in site planning and building designs to reduce TAC exposure:

New development of sensitive receptors located within West Berkeley shall require site-specific analysis to determine the level of TAC and PM2.5 exposure. This analysis shall be conducted following procedures outlined by BAAQMD. If the site-specific analysis reveals significant exposures (based on BAAQMD guidance), then additional measures listed below shall be required, as appropriate.

Where exterior exposures are significant, consider site planning to buffer new sensitive receptors from TAC emissions. Active site uses and building air intakes shall be situated away from TAC sources.

Where exterior exposures are significant, install indoor air filtration systems that would effectively reduce particulate levels to a less-than-significant level. Appropriate design information and an analysis would need to be submitted to the City showing that indoor exposures where people spend most of their time would be reduced so that PM2.5 levels would not exceed significant levels established by BAAQMD guidance. Appropriately designed systems would have to be maintained (e.g., filters changed on a prescribed basis), and occupied space would have to be equipped with low-air infiltration windows and sealed doors to prevent air contamination. Opening of windows by occupants would reduce the effectiveness of this measure.

New occupants shall be informed of the health effects from exposure to TACs and PM2.5

from the sources affecting those uses through rental agreements or real property disclosures statements.

Provide tiered plantings of vegetation along the project site boundaries closest to TAC sources. Preliminary laboratory studies show that redwood and/or deodar cedar trees can remove some of the fine particulate matter emitted from traffic under low wind speeds. Low wind speeds typically result in the highest particulate matter concentrations.

Implementation of the appropriate measures listed above would result in TAC and PM2.5

exposures that would be below the BAAQMD thresholds, reducing the potential impact to a level of less than significant.


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