Letter from Gregory Daggett regarding the conflicts the Gateway Area Draft Plan has with the California Coastal Act, Sea Level Rise, and SB1000.
Note: As of October 24, 2022, this letter has not been included on the City’s “Submitted Comments” webpage. The exclusion of this letter seems to be similar to the situation in May, June, July, and August of 2022, when by every appearance the Community Development Director had taken it upon himself to determine which letters were presented to the public and which were not.
As a community, we do not know which letters and how many letters have been excluded from this supposedly all-inclusive listing of Gateway-themed letters received by the Planning Commission, City Council, and Community Development Department. There have been numerous in-person comments to the Planning Commission, the City Council, and the City Manager about this situation over these past six months, and yet the situation continues.
The excuse we have heard from the Community Development Director is that this is “something that slipped through the cracks” — this was not a valid excuse when spoken on June 28th and it’s not a valid excuse now.
The question is: Will it take a lawsuit for the City of Arcata to adhere to legal and time-honored methods of handling community input? If the City Council can do this properly, why can’t the Community Development Department? If it was done correctly for years (or decades), why can’t it be done properly now?
From: Gregory Daggett
Date: Tue, Oct 11, 2022 at 4:27 PM
Subject: Gateway Area Plan Draft Conflicts with The Coastal Act and SB1000
To: <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>, <[email protected]>
Dear Planning Commission, Staff, and City of Arcata Leaders,
The last few months I have been very vocal at the Planning Commission and City Council meeting regarding conflict that the Gateway Area Plan building heights has with the Coastal Act and transportation circulations issues SB1000.
The Coastal Act Laws and Regulation Chapter 3-Coastal Resources Planning and Management Policies Article 6 30251 states
The scenic and visual qualities of coastal areas shall be considered and protected as a resource of public importance. Permitted development shall be sited and designed to protect views to and along the ocean and scenic coastal areas, to minimize the alteration of natural land forms, to be visually compatible with the character of surrounding areas, and, where feasible, to restore and enhance visual quality in visually degraded areas. New development in highly scenic areas such as those designated in the California Coastline Preservation and Recreation Plan prepared by the Department of Parks and Recreation and by local government shall be subordinate to the character of its setting.
(Added by Stats. 1976, Ch. 1330.)
SB 1000-Environmental Justice in Local Land Use Planning. “Environmental justice” is defined in California law as the fair treatment of people of all races, cultures, and incomes with respect to the development, adoption, implementation, and enforcement of environmental laws, regulations, and policies. (Cal. Gov. Code, § 65040.12, subd. (e).)
(a) A land use element that designates the proposed general distribution and general location and extent of the uses of the land for housing, business, industry, open space, including agriculture, natural resources, recreation, and enjoyment of scenic beauty, education, public buildings and grounds, solid and liquid waste disposal facilities, and other categories of public and private uses of land. The location and designation of the extent of the uses of the land for public and private uses shall consider the identification of land and natural resources pursuant to paragraph (3) of subdivision (d). The land use element shall include a statement of the standards of population density and building intensity recommended for the various districts and other territory covered by the plan. The land use element shall identify and annually review those areas covered by the plan that are subject to flooding identified by flood plain mapping prepared by the Federal Emergency Management Agency (FEMA) or the Department of Water Resources.
A noise element that shall identify and appraise noise problems in the community. The noise element shall analyze and quantify, to the extent practicable, as determined by the legislative body, current and projected noise levels for all of the following sources:
(A) Highways and freeways.
(B) Primary arterials and major local streets.
Noise contours shall be shown for all of these sources and stated in terms of community noise equivalent level (CNEL) or day-night average sound level (Ldn). The noise contours shall be prepared on the basis of noise monitoring or following generally accepted noise modeling techniques for the various sources identified in paragraphs (1) to (6), inclusive.
The noise contours shall be used as a guide for establishing a pattern of land uses in the land use element that minimizes the exposure of community residents to excessive noise.
California Environmental Quality Act & Environmental Impact Report. The study is based on standard checklists covering topics such as air quality, traffic, and noise. The environmental effects of a project will cause substantial adverse effects on human beings, either directly or indirectly. The EIR shall also analyze any significant environmental effects the project might cause or risk exacerbating by bringing development and people into the area affected. The Noise Element is required by California cities and counties (Government Code Section 65302) It falls under the California General Plan Guidelines. Local governments must analyze and quantify noise levels, and the extent of noise exposure, through actual measurements. Under Government code section 65302(f) Noise Element Requirement primary arterial and major streets such as H and 16th streets, G street, K street, to be monitored and noise research be done such as Average daily level of activity (traffic volume per days of the week, and seasonal variations. Distribution of activity over day and night time periods, day of the week, and seasonal variations. Average noise level emitted by the source. City of Arcata 3.1.1 Noise Element. Within the Noise Element of the General Plan, it specifies an exterior noise standard of 60 dB CNEL and an interior noise standard of 45 dB CNEL for multi-family residential. The Secretary of Interior’s Standards for the treatment of Historic Properties, Preserving windows, and the relation to noise/environment for Historic Neighborhoods and houses, circulation systems, such as roads and streets. The Circulation system of traffic flow using the H street and G street for exiting and entering 101 North freeway is a disaster. The quality of life for people living on these busy streets in the future will be unbearable with the increase in air pollution and noise. This is a violation of SB1000 Environmental Justice in local planning.
The Gateway Area Plan must do an EIR on the noise exposure from the addition of thousands of more vehicles using the major streets H & 16th streets, G street, 8th and 9th Streets, K street and Alliance Road. Government section 65302(f)Noise Element Requirement primary arterial and major streets that falls under the California Environmental Quality Act and the California General Plan Guidelines.
In the near future Cal Poly Humboldt is building additional housing for 2,400 students with the goal of building additional housing in the future.
Craftsman Student Housing the project will resemble prior planning infill housing at the site. Total project budget 150 million. Planned opening Dec 2024
Library Circle Student Housing, Health, and Dining Building & Parking Structure. Total Project budget 175 million. Planned opening August 2026
Campus Apartments Student Housing and Parking Structure. Total project budget 110 million. Planned opening August 2026.
All of these projects at Cal Poly and the 3,500 units Gateway Area Project will be putting too much traffic, noise and air pollution on the North-town and Downtown of Arcata. Look at how the California courts ruled in the Berkeley vrs Berkeley case regarding CEQA requirements and the inadequate environmental impact report addressing polluting neighborhoods with traffic and noise. After air pollution, noise is the second biggest environmental factor causing health problems, increasing the risk of cardiovascular disorders, high blood pressure, sleep disruption, hearing loss, and heart attacks. Noise exposure has also been linked to cognitive impairment and behavioral issues in children. All people have the right to a reasonably quiet environment.
A safety element for the protection of the community from any unreasonable risks associated with the effects of seismically induced surface rupture, ground shaking, ground failure, tsunami, seiche, and dam failure; slope instability leading to mudslides and landslides; subsidence; liquefaction; and other seismic hazards identified pursuant to Chapter 7.8 (commencing with Section 2690) of Division 2 of
the Public Resources Code, and other geologic hazards known to the legislative body; flooding; and wildland and urban fires. The safety element shall include mapping of known seismic and other geologic hazards. It shall also address evacuation routes, military installations, peak load water supply requirements, and minimum road widths and clearances around structures, as those items relate to identified fire and geologic hazards. Tsunami Mapping page 7 for Arcata. https://nctr.pmel.noaa.gov/tsu400/documents/Course_1_Day_2/Session_11/NCEE_patton_dengler.pdf
Upon the next revision of a local hazard mitigation plan, adopted in accordance with the federal Disaster Mitigation Act of 2000 (Public Law 106-390), on or after January 1, 2017, or, if a local jurisdiction has not adopted a local hazard mitigation plan, beginning on or before January 1, 2022, the safety element shall be reviewed and updated as necessary to address climate adaptation and resiliency strategies applicable to the city or county. This review shall consider advice provided in the Office of Planning and Research’s General Plan Guidelines and shall include all of the following:
A vulnerability assessment that identifies the risks that climate change poses to the local jurisdiction and the geographic areas at risk from climate change impacts, including, but not limited to, an assessment of how climate change may affect the risks addressed to the Arcata WasteWater Treatment Plant and Gateway Area Plan. The Humboldt County Grand Jury reports that Antarctica could disintegrate with in ten years leading to flooding the roads to the Arcata Wastewater Treatment Plant and creating an island.
Please address the conflicts the Gateway Area Draft Plan has with the California Coastal Act, Sea Level Rise, and SB1000.
Sincerely,
Gregory Daggett