Seventh Amendment to Lease HD-4371 – Koch Carbon, LLC
Summary
SCH Number
2024081025
Public Agency
Port of Long Beach
Document Title
Seventh Amendment to Lease HD-4371 – Koch Carbon, LLC
Document Type
NOE - Notice of Exemption
Received
Posted
8/26/2024
Document Description
Koch Carbon, LLC (Koch Carbon) leases approximately 291,111 square feet of land at Berths F210 and F211 on Pier F for the storage and shipping of dry bulk to facilitate waterborne receipt and/or shipment of petroleum coke and other dry bulk commodities. The Port of Long Beach (Port) Board of Harbor Commissioners approved a seventh amendment to Koch Carbon’s existing Lease and Preferential Assignment Agreement HD-4371 to amend only the annual ground rent for Parcel I to $163,703 per year and the Guaranteed Annual Minimum Tonnage of 1,091,666 metric tons. All other terms of the existing agreement will remain the same. The seventh amendment to HD-4371 represents the final option for the renewal term starting January 1, 2023 through and including December 31, 2027.
Contact Information
Name
Allyson Teramoto
Agency Name
Port of Long Beach
Job Title
Manager of CEQA/NEPA Practices
Contact Types
Lead/Public Agency
Phone
Email
Location
Cities
Long Beach
Counties
Los Angeles
Regions
Citywide, Southern California
Zip
90802
Other Location Info
1020 Pier F Avenue; Long Beach Harbor District 8 – Southeast Harbor
Notice of Exemption
Exempt Status
Categorical Exemption
Type, Section or Code
Section 15301 (Class 1)
Reasons for Exemption
Section 15301 Existing Facilities (Class 1): The Class 1 Categorical Exemption consists of the operation, repair, maintenance, permitting, leasing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features, involving negligible or no expansion of existing or former use. The Project merely consists of a seventh amendment to existing Lease and Preferential Assignment Agreement HD-4371 establishing the annual ground rent of $163,704 per year and Guaranteed Annual Minimum Tonnage of 1,091,666 metric tons per year starting January 1, 2023 through December 31, 2027 for the continued use of the existing facility operated by Koch Carbon at Berths F210 and F211 on Pier F in the Port of Long Beach. All other terms of the Lease and Preferential Assignment Agreement will remain the same. The Koch Carbon facility is located in an area in the Port characterized by similar primary and ancillary Port-related facilities and operations, including the storage, handling, and shipping of dry bulk, liquid bulk, and containerized cargo. Under the existing Lease and Preferential Assignment Agreement HD-4371 originally entered into in January 1988, the Koch Carbon facility is a permitted ‘Primary Port Facility’ use within District 8 (Southeast Harbor) of the Long Beach Harbor District due to its dependency on access to water frontage to shipload/unload dry bulk cargo in accordance with the certified Port Master Plan.
The Project does not propose or authorize any specific new development, construction, or expansion of use beyond that existing. The continuation of existing operations would not create substantial new development, construction or expansion of use beyond that existing, nor create substantial, adverse changes to the environment or result in a significant cumulative impact.
Koch Carbon is required to comply with all applicable laws, ordinances, and regulations associated with activities on and in connection with the premises, including those regulating stormwater, hazardous materials, and air quality. Any future development projects, should any be proposed by the tenant during the term of the lease, would be subject to CEQA and review, as applicable. The Port has determined that none of the exceptions to the exemptions in the California Environmental Quality Act (CEQA) Guidelines Section 15300.2 foreclose the use of the categorical exemption CEQA Guidelines Section 15301 (Existing Facilities); therefore the Project is exempt from CEQA and no further environmental review is required (World Business Academy v. California State Lands Commission (June 13, 2018) Cal.App.5th and Berkeley Hillside Preservation v. City of Berkeley (March 2, 2015) 60 Cal.4th1086)).
County Clerk
Los Angeles
Attachments
Notice of Exemption
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