Posted on Thursday, May 4, 2006

CONTRA COSTA TIMES
By John Geluardi

Council OKs Report on Site for Condos

RICHMOND - The Richmond City Council approved an environmental report Tuesday for a five-story, 269-unit condominium project on the city's waterfront. The project's 6-acre site at the end of Marina Way South is near the mouth of the Santa Fe Channel, which is lined by heavy industry. A nearby metal salvage company and several trade unions challenged the report.

Metal recycling company Sims/Hugo Neu held that the report did not fully address the fumes, noises and bright lights associated with the area's industrial uses. But Sims withdrew its appeal of the report after reaching an agreement with project developer Toll Brothers home builders, said its attorney Sabrina Teller of the Sacramento-based law office of Remy, Thomas, Moose and Manley. The agreement calls for Toll Brothers to disclose to potential condominium buyers that they are moving near an industrial area.

Teller said the disclosure should offer Sims protection from restrictions on their operations due to complaints or lawsuits filed by future condominium residents. "Sims reached a settlement that will disclose in clear terms that they are moving near an industrial land-use," she said.

A group of steamfitters, electricians and sheet metal worker unions also challenged the report, saying they were concerned about environmental safety at the site. The Department of Toxic Substances Control conducted a soil sampling in March that determined there were concentrations of antimony, a toxic metal. Antimony, in small doses, can cause headaches, dizziness and depression, according to the Environmental Protection Agency's Web site. In larger doses it can cause violent vomiting and death.

The trade unions withdrew their appeal of the environmental impact report when Toll Brothers agreed to 10 mitigations, according to a planning department report. Those mitigations include removal of the estimated 4,000 to 6,000 cubic yards of contaminated soil and the specific manner in which it will be removed.

Councilwoman Gayle McLaughlin cast one of two votes against approving the environmental impact report.
"I thought the report should have gone back for a total revision to address all the inefficiencies," she said. "There are three underground fuel storage tanks on the site, and it's adjacent to the Ford Assembly Plant. There are so many aspects that are not referenced in the report that relate to decades of heavy industrial use." [Emphasis added]

Contact John Geluardi at 510-262-2787 or at jgeluardi@cc times.com .