HomeMy WebLinkAboutCC AG PKT 2013-06-10 #D EAt"Is
AGENDA STAFF REPORT
DATE: June 10, 2013
TO: Honorable Mayor and Members of the City Council
THRU: Jill R. Ingram, City Manager
FROM: Jim Basham, Director of Community Development
SUBJECT: SECOND READING - ADOPTION OF ORDINANCE NO.
1627 REGARDING SENIOR HOUSING, SINGLE ROOM
OCCUPANCY HOUSING, EMERGENCY SHELTERS
AND OFF-STREET PARKING AND ORDINANCE NO.
1628 ADDING EMERGENCY SHELTERS AS A
PERMITTED USE IN THE BOEING INTERGRATED
DEFENSE SYSTEMS SPECIFIC PLAN
SUMMARY OF REQUEST:
That the City Council waive further reading and adopt the following ordinances:
(1) Ordinance No. 1627 amending Title 11 of the Seal Beach
Municipal Code regarding Senior Housing, Single Room
Occupancy Housing, Emergency Shelters, and off-street
parking (MCA 13-1);
(2) Ordinance No. 1628 amending the Boeing Integrated
Defense Systems Specific Plan by adding "Emergency
Shelters" as a permitted use (SPA 13-2).
BACKGROUND AND ANALYSIS:
On May 29, 2013, the City Council conducted public hearings for consideration of
the two ordinances and introduced Ordinances No. 1627 and No. 1628. The
ordinances are part of the 2008-2014 adopted Housing Element implementation
programs and fulfillment of Senate Bill 2 planning and zoning requirements.
ENVIRONMENTAL IMPACT:
Ordinance No. 1627: Pursuant to the State of California Public Resources Code
and State Guidelines for the California Environmental Quality Act (CEQA), the
Community Development Department has determined that the proposed activity
Agenda Item— Q
is exerript from environmental review per Sections 15060(b)(2)(3) and 15305 of
the State CEQA Guidelines.
Ordinance No. 1628: Staff prepared and circulated for review a Mitigated
Negative Declaration (MND) for Specific Plan Amendment 13-2, pursuant to the
requirements of the California Environmental Quality Act (CEQA). There were no
comments received during the public comment period, which ran from March 1,
2013 through April 2, 2013, and the Planning Commission subsequently found
that the MND and the appurtenant Mitigation Monitoring and Reporting Program
complied with CEQA and recommended that the City Council adopt them.
LEGAL ANALYSIS:
The City Attorney has reviewed and approved as to form,
FINANCIAL IMPACT:
There is no financial impact related to this item.
RECOMMENDATION:
That the City Council waive further reading and adopt Ordinances No. 1627 and
No. 1628.
B BMITTED BY: NOTED AND APPROVED:
M"
on M'&M
im Basham JU—Ir�gram', City '"ger
ire ctor of 6ommunity Development
Attachment:
A. Ordinance No. 1627
B. Ordinance No. 1628
Page 2
ORDINANCE NUMBER 1627
AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING
MUNICIPAL CODE AMENDMENT 13-1 REGARDING SENIOR
HOUSING, SINGLE ROOM OCCUPANCY HOUSING,
TRANSITIONAL AND SUPPORTIVE HOUSING, EMERGENCY
SHELTERS,AND OFF-STREET PARKING
THE SEAL BEACH CITY COUNCIL DOES ORDAIN AS FOLLOWS:
Section 1. Table 11.2,05.010 of the Municipal Code is hereby amended as
follows:
Residential Use Types I RLD I RMD I RHD Additional Regulations::::7
Senior Citizen Housing P P GP See Section 11.4.45.125 1
Section 2. Section 11.4.05.125 of the Municipal Code is hereby
amended as follows:
§ 11.4.05.125 Senior Citizen Apartments and Independent
Living Facilities.
Where allowed by Part 11: Base District Regulations, age-restricted
senior citizen apartments shall comply with the same regulations
that are applicable to other non-age-restricted residential
developments of the same type in the same zone.of this SeGtmGR-
A. Permit Requirement. Conditional Use Permit approval puFsuan
to Chapter 11.6.20: DevelepmeFit Permits shall be FequiFed to
establish a SeRieF Gitizen Apartment OF aR Independent Living
FaGility.
B. Minimum Qualifying Age. The develepment must be deed
reStFioted feF senieF eitizens and!E)F physically1mentally disabled
residents fOF the life of the-struGture-.-The-deed W"o-11 -11all limit
residenGy tG seniOF Gitizens andIeF phy6iGallylmentally-disabled
Fesidents in eemplianee with state law.
Q RequiFed Andings. in determiRing whetheF to grant a Conditional
Use Permit feF senieF citizen apartments, OF, if granted, the naturi-ee
and extent of conditions to impose on the permit, the C
shall make Andings in aGGGrdanee with SeMien 14-.�. .
RequiFed Findings, On addition to the following eensideFatiens�
1. The natUFe and use Of Feal property within 500 feet of the
pFepesed site.
2. Adequate buffering from land uses thFough the use
of ineFeased setbacks, lands-aping, sueening wells, the location of
windows, and bui .
3.AeGess and PFOXiMity to shopping aFeas, Fnedioal sewimoe&-, pubk
tFansit steps, and other pFovider-s of needs pakieulaF to seRiGr
citizens.
4.AppmpNate GGRIMOR epeR spaGe and recreational fadlities.
D. Development StandaFds. Each senior citizen apartment projec
shall GOMPly With the development features set forth in Table
41.4.06.126: Senior Citizen ResideRtial ProjeGt DevelepmeR
Features.
Ordinance Number 1627
Table 11.4.05.126
Sonoor.Citizen Residential Projed Development Features
Develepment Feature equiremen�
Maximurn Building Heigh 3 rtories/36 feeE
Maximum ty 40 units per acre
Max'mum Lot Goverage 6"o
20 ft .with munomum 16 ft between
Mnlrnum Front Yard Setback building and any private patio wall
i nterl9F 40-ft
Street-Side 45"
Mwn'mum Rear Yard Setback 45"
nnini.,,,,.,,n,.,elrng i Init c•�
1 bedroom unit 660 sq.ft:
7_herlrr.o.r. 1_f.ethroorn,nif 600 sq
2 bedroorn,2 bathroom unit or larger 700 sq ft ft.
Off street parkin.. space for eaoh five units
See SeGtton 11.4.06.11 O.B:Open
c..se oeq ems
shall n nl.. with Chapter 11.4.30: Landscaping and Buffer Yards
Up to 46% of the required landscape area . he installed with
hardSGape materials, at the diSGFeti0R of the DiFeE;teF.
F. Additional Amenities Each dwelling unit shell heprovided with:
1 An oven and ste..e•
2 A garbage disposal;
3. Central heating and affiF GGRd4tiGRiRgj
4—^R-least 1—50 squaFe feet of indoor storage,—�7G6dhlg
Glosets;ead
m dimension of 30 i ches u „+side of the dwelling
unit;provided t storage ese e shall not he visible
from a public street
+ shall ludo following rite to
de�eleP.m7ea,—.,,.�.,--R,�QQ�-
safeguard residents:
1 Electrically m nitored entry gates a ed at a entral
7 24 hol F medical alarm s rit.. s ,stem s ected +o the
L. L�71OQ1 medical v,v,,,, vvvv. .� v�v.v... .................. ... the
manager' nit•
and
4. Any other seGUFity measures deemed ReGessaFy by the
Chief of Pelioo the Orange County Fire Auuth Witty and the
GemmosSIAF,
Ordinance Number 1G27
H. Ac;Gessor-y Non-Residential Facillities-.-Senief-apartments and
personal seFviees (for example, beauty salon, physioal therapy)
11.5.20: Development Permits, without a requiFement fbF additional
parking, pFevided that the faGilities shall eRly be for the p�ivate use
Section 3. Section 11.6.05.010 of the Municipal Code in hereby
amended by the addition of the following definition of"single room occupancy":
Single room occupancy (SRO): A residential facility that iprovides
living and sleeping facilities and a toilet and sink for one or two
persons per unit. Shower, kitchen, and laund!y facilities may be
shared by one or more SROs.
Section 4. Table 11.2.1O.D1Onf the Municipal Code iu hereby amended
by the addition of "SRO" under Residential Use Types as a conditionally
permitted use in the RHD zone with additional regulations per Section
11.4.05.127
Section 5. Section 11.4.05.127 is hereby added to the Municipal code
to read emfollows:
11.4.05.127. Single Room Occupangy
Single room occupangy units (SROs) shall conform to the following
(1) Occupancy shall be limited to maximum two persons tpe
unit. Minimum unit sizes (not including toilet compartment)
shall be:
a. One person: 150 square feet.
b Two persons: 175 square feet.
(2) Each SRO unit shall be provided with the following minimum
amenities:
a. Kitchen sink with garbage disposal.
b. A toilet and sink located in a separate room within the
unit that is a minimum 20 so/ft.
C. One closet per person.
d. Telephone and cable TV hookups.
(3) If full bathrooms are not provided in each unit, shared
showers shall be provided on each floor at a ratio of one pe
seven occupants or fraction thereof on the same floor, with
doors lockable from the inside.
(4) If full kitchens are not provided in each unit, shared kitchen
facilities shall be provided on each floor consisting of a
range, sink with garba-ge disposal,and refri-gerator.
(5) If laundry facilities are not provided in each unit, common
laundry facilities shall be provided, with one washer and one
dryer on the premises for every 25 units for the first 100 units
and one washer and one dryer for eve[y 50 units over 100.
Ordinance Number 1627
(6) Elevators shall be reguired for SROs of two or more stories,
Section 6. Section 11.6.O5.01O the Municipal Code in hereby amended
by the addition of the following definitions of "transitional housing^ and
.supportive housing":
Transitional Housing: Housing operated under program
requirements that terminates assistance to residents and
recirculates the assisted unit to another eligible program recipient at
some predetermined future point in time, which shall be no later
than six months from the initial occupancy date of the recjpi��
Transitional housing is a residential use subiect to the same
regulations and procedures that apply to other residential uses of
the same type in the same zone..
Sumortive Housing: Housing occupied by a specified tamet
Pormlation that has no limit on length of stay, and that is linked to
onsite or offsite services that assist the resident in retaining th
housing, improving his or her health status, maximizing his or her
ability to live, and — when possible— work in the community.
Supportive housing is a residential use subiect to the same
regulations and procedures that apply to other residential uses of
the same type in the same zone.,
Section 7. Section 11.G.0G.O1Othe Municipal Code in hereby amended
by the addition of the following definition of"emergency ohe|tar":
person's Emergency Shelter: Housing with minimal supportive services for
homeless persons that limits occupancy by homeless persons to
six months or less and that does not deny emergency shelter due
to a
Section 8. Section 114.05.140 the Municipal Code is hereby added to
Chapter 11.4.05. asfollows:
11.4.05.140 Emergency Shelters
This Section sets forth reguirements for the establishment and
operation of emergency shelter facilities.
A. Permit and Operational Requirements. The approval
and operation of an emergency shelter shall be subiect to the
following requirements:
1. Zoning Conformance Required. Emergency
shelters may be established and operated in the Boeing
Integrated Defense Systems (BIDS) Specific Plan District
sub4ect to non-discretiona[y approval of a Zoning
Conformance in compliance with Chapter 11.5.250: Director
2. Management and Operations Plan. An
application for a permit to establish and or)erate an
emergency shelter shall be accompanied by a Management
Plan,which shall establish hours of operation, staffing levels,
maximum length of stay, size and location of exterior and
interior onsite waiting and intake areas, and security
B. Development Standards. In addition to other
standards set forth in the BIDS Specific Plan, emergency shelters
shall conform to the following standards.
1. Maximum of 25 beds.
Ordinance Number 1627
2. Minimum separation of 300 feet between emergency
shelters.
Section 9. Table 11.4.20.015.A1 the Municipal Code in hereby
amended osfollows:
Two-Unit Dwelling; 2 spaces per dwelling unit for See also Section
Multiple-Unit Residential each unit. 11.2.05.015.N:Limitations
on Parking and Garage
1 guest space for every 7 Frontage
units
All spaces except guest
1 space per dwelling unit, spaces must be located in a
inclusive of guest Parking,fo garage or carport.
each studio or one-bedroom
unit in a development meeting
the minimum reauirements
Chapter 11.4.55(Affordable
Housing Bonusj
Section 13. |f any section, subsection, subdivioion, pansgnaph, sentence,
clause or phrase ofthis Ordinance orany part thereof is for any reason held to
be invo|id, such invalidity shall not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the Qh/ of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
panagnoph, sentenue, clause or phrase heraof, irrespective of the toci that any
one or more sections, subsections, subdivisions, paragraphs, sentences,clauses
nr phrases ba declared invalid.
Section 14. The City Clerk shall certify to the passage and adoption of
this Ordinance and nho|{ cause the same ore summary thereof to be published
and posted in the manner required bylaw.
PASSED,APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the 1IUb day of____June_` 2O13.
Mayor
ATTEST:
City Clerk
STATE OFCALIFORNIA }
COUNTY OF ORANGE \SS
CITY OF SEAL BEACH }
|. Linda Devine, City Clerk ofthe City of Seal Beanh, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 2{Bh day of1 May . 2O13 and was passed, approved and adopted by
the City Council ata regular meeting held on the 10th dayof June , 2013
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And du hereby further certify that Ordinance Number 1627 has been published
pursuant ho the Seal Beach City Charter and Resolution Number 283G.
City Clerk
ORDINANCE NUMBER 1628
AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING
SPECIFIC PLAN AMENDMENT 13-2 TO ALLOW EMERGENCY
SHELTERS |NTHE BOEING INTEGRATED DEFENSE SYSTEMS
SPECIFIC PLAN AREA
THE SEAL BEACH CITY COUNCIL DOES ORDAIN ASFOLLOWS:
Gmndon 1. In compliance with the California Environmental Quality Act,
Cal. Pub. Res. Code §21D00ot seq. ('CEQA") and the State CEOAGuidelines,
14C�C.R. § 15OOOetseq.. a Mitigated Negative Declaration (^MNO'') hua been
prepared for Specific Plan Amendment 13-2, which would o||mw emergency
shelters in the Boeing |otagnahad Defense Systems Specific Plan area. ThaW1ND
finds that the amendment would not have a significant effect mn the environment
if subject hu the mitigation measures described in the Mitigation Monitoring and
Reporting Program (^MyNRp^) that is included as Exhibit A to this Ordinance.
The City Council, in its independent judgment, hereby finds approves and adopts
the yNND and the yNW1RP.
Section 2. Table 5-1 of the Boeing Integrated Defense Specific Plan is
hereby amended bo allow emergency shelters in Planning Areas 1. Z. and 3
subject 1m the provisions of Municipal Code § 11.4.05.140. Thera are no other
amendments 1u Table 5-1.
Land Use Planning Area
Emergency shelters'
Code Sec. 11.4.05.140.
/
Emernency shelters shall be permitted subiect to the provisions of Municipal
Section 3. |f any section, subsection, subdivision, paragraph, sentence,
clause or phrase of this Ordinance or any part thereof is for any n*onon held to
be invalid, such invalidity ohmi| not affect the validity of the remaining portions of
this Ordinance or any part hereof. The City Council of the City of Seal Beach
hereby declares that it would have passed each section, subsection, subdivision,
panagraph, eanbonco, clause or phnoaa haneu[ irrespective nf the fact that any
one or more sections, subsections, subdivisions, paragraphs, sentences, clauses
nr phrases bo declared invalid.
Section 4. The City Clerk shall certify to the passage and adoption of
this Ordinance and shall cause the same or summary thereof to be published
and posted in the manner required bylaw.
PASSED.APPROVED AND ADOPTED by the Seal Beach City Council at
a regular meeting held on the_10t1L day nfJune_. 2O13.
Mayor
ATTEST:
City Clerk
Ordinance Number 1628
STATE OFCALIFORNIA \
COUNTY OFORANGE }SS
CITY OF SEAL BEACH }
|. Linda Devine, City Clerk of the City of Seal Beech, do hereby certify that the
foregoing Ordinance was introduced for first reading at a regular meeting held on
the 291h day cf__1yt�L_. 2U13 and was passed, approved and adopted by
the City Cound| otonyQu|ar meeting held on the 1 Oth L_day of—June . 2O13
by the following vote:
AYES: Council Members:
NOES: Council Members:
ABSENT: Council Members:
ABSTAIN: Council Members:
And do hereby further certify that Ordinance Number 1628 has been published
pursuant 0o the Seal Beach City Charter and Resolution Number 2H3S.
City Clerk
Ordinance Number 1628
EXHIBIT A
Mitigation Monitoring and Reporting Program
----—------------ ------ -------- -------—------- ------—-------
Mit.# Mitigation Measure Implementation Monitoring Timing onfirmation
Responsibility Responsibility
AC-1 The project shall comply with SCAQMD Rule 402, which prohibits the discharge from a facility of air Contractor Building Official During construction
pollutants that cause injury,detriment,nuisance,or annoyance to the public or that damage business or
property.
AG2 During clearing,grading,earth-moving,or excavation operations,excessive fugitive dust emissions shall Contractor Building Official During construction
be controlled by regular watering or other dust-preventive measures using the following procedures,as
specified in the SCAQMD Rule 403:
•On-site vehicle speed shall be limited to 15 miles per hour.
•All material excavated or graded shall be sufficiently watered to prevent excessive amounts of
dust.Watering shall occur at least twice daily with complete coverage,preferably in the late morning
and after work is done for the day.
•Streets adjacent to the project reach shall be swept as needed to remove slit that may have
accumulated from construction activities so as to prevent excessive amounts of dust.
•All material transported on-site or off-site shall be either sufficiently watered or securely covered to
prevent release of excessive amounts of dust,
• The area disturbed by clearing , grading, earth-moving, or excavation operations shall be
minimized so as to prevent excessive amounts of dust.
•All clearing,grading,earth moving,or excavation activities shall cease during periods of winds so
as to prevent excessive amounts of dust as set forth below:
• Rough grading(mass grading)-when Winds are greater than 25 miles per hour averaged over
one hour;and
•Precise grading-when winds are greater than 35 miles per hour averaged over one hour.
•These control techniques shall be indicated in project grading plans.Compliance with the measure
shall be subject to periodic site inspections by the City.
• Visible dust beyond the property line emanating from the project shall be prevented to the
maximum extent feasible.
----------- -------------- ------------—----------- —---------- --------------
I AG3 Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining Contractor City Engineer During construction
equipment engines in good condition and proper tune per manufacturers specifications,to the satisfaction
of the City Engineer.Compliance with this measure shall be subject to periodic inspections of construction
equipment vehicles by the City.
AO-4 The project shall comply with SCAQMD Rule 1113,which limits the ROC content of architectural coatings Contractor Building Official During construction
used in the SCAB or allows the averaging of such coatings, as specified, so actual emissions do not
exceed the allowable emissions if all the averaged coatings comply-with"the specified
--limits.
-------- ---—--------—----------- —-------------- ----------—------------
Ordinance Number 1628
----------------------- ------------------------—-- -- ——---------------
---- -----------—------------
Mit.# Mitigation Measure Implementation Monitoring Timing Confirmation
--------------- — Responsib-ilit-y Responsibility
AQ-5 All vehicles shall be prohibited from engine idling in excess of ten minutes,both on-site and off-site. Contractor Building Official During construction
AQ-6 All trucks that are to haul excavated or graded material on-site shall comply with State Vehicle Code Contractor Building Official During construction
Section 23114,with special atten fion to sections 23114(b)(F),(e)(2)and(e)(4)as amended,regarding the
prevention of such material spilling onto public streets and roads.
—---------------------- -----------
810-1 Prior to demolition or grading,removal of ornamental trees shall only be conducted between September 16 Contractor Building Official During construction
and March 14,outside the peak bird nesting season in conformance with the Migratory Bird Treaty Act
- -- --------------- ----------- —-----------------------------
CUL-1 A"Test Phase,"as described in the Archaeological and Historical Element of the City General Plan,shall City Archaeologist Community Prior to issuance of a
be performed by the City selected archaeologist, and if potentially significant cultural resources are Development grading or building
discovered, a "Research Design Document" shall be prepared by the City selected archaeologist in Director;City Council permit
accordance with the provisions of the Archaeological and Historical Element of the General Plan. The
results of the test phase investigation shall be presented to the Archaeological Advisory Committee for
review and recommendation to the City Council for review and approval prior to earth removal or
disturbance activities in the impacted area of the proposed project.
------------------------ --------------- --—------
-----------------
CUL-2 Project-related earth removal or disturbance activity is not authorized until such time as the*Research City Archaeologist Community Prior to issuance of a
Design* investigations and evaluations are completed and accepted by the City Council, a Coastal Development grading or building
Development Permit is issued by the California Coastal Commission,and until a written"Authorization to Director;City permit
Initiate Earth Removal-Disturbance Activity"is issued by the City of Seal Beach Community Development Council;Coastal
Director to the applicant for the impacted area of the proposed project. Commission
--
-------------------------— —----------- -----------------------—-----------------
CUL-3 During all "test phase"investigation activities occurring on site the City selected archaeologist and the City Archaeologist; Community Prior to issuance of a
Native American monitor shall be present to conduct and observe, respectively, such "test phase" Native American Development grading or building
investigation activities. monitor Director permit
----------------------------- —-----------------------—----------
CUL4 If evidence of subsurface paleontologic resources is found during construction, excavation and other Contractor; Community During construction
construction activity in that area shall cease and the contractor shall contact the City Community Paleontologist Development
Development Department,With direction from the City, an Orange County Certified Paleontologist shall Director
prepare and complete a standard Paleontologic Resource Mitigation Program.
CUL-5 Should any human bone be encountered during any earth removal or disturbance activities,all activity shall Contractor;City Community During construction
cease immediately and the City selected archaeologist and Native American monitor shall be immediately Archaeologist; Development
contacted, who shall then immediately notify the Community Development Director, The Community Native American Director
Development Director shall contact the Coroner pursuant to Sections 5097.98 and 5097,99 of the Public monitor;Coroner
Resources Code relative to Native American remains.Should the Coroner determine the human remains to
be Native American, the Native American Heritage Commission shall be contacted pursuant to Public
Resources Code Section 5097,98.
-----------------------—------------------------ --------------- -----------------------
-2-
Ordinance Number 1628
Mit.# Mitigation Measure Implementation Monitoring Responsibility Responsibility Timing Confirmation
-- -- ---
CUL-6 If more than one Native American burial is encountered during any earth removal or disturbance activities, Contractor;City Community During construction
a "Mitigation Plan" shall be prepared and subject to approval by the City of Seal Beach Community Archaeologist; Development
Development Department The Mitigation Plan shall include the following procedures: Native American Director
monitor;Coastal
Continued Native American Monitoring Commission
All ground disturbance in any portions of the project area with the potential to contain
human remains or other cultural material shall be monitored by a Native American
representative of the MLD. Activities to be monitored shall include all construction
grading,controlled grading,and hand excavation of previously undisturbed deposit,with
the exception of contexts that are clearly within the ancient marine terrace that
comprises most of this area known as Landing Hill.
Exposure and removal of each burial shall be monitored by a Native American.Where
burials are clustered and immediately adjacent:one monitor is sufficient for excavation
of two adjoining burials,
Excavation of test units shall be monitored.Simultaneous excavation of two test units if
less than 20 feet apart may be monitored by a single Native American.
• If screening of soil associated with burials or test units is done concurrently with and
adjacent to the burial or test unit,the Native American responsible for that burial or test
unit shall also monitor the screening. If the screening is done at another location, a
separate monitor shall be required.
• All mechanical excavation conducted in deposits that may contain human remains(i.e.,
all areas not completely within the marine terrace deposits)shall be monitored by a
Native American,
Notification Procedures for New Discoveries
When possible burials are identified during monitoring of mechanical excavation, or
excavation of test units, the excavation shall be temporarily halted while the find is
assessed in consultation with the lead field archaeologist If the find is made during
mechanical excavation, the archaeologist or Native American monitoring the activity
shall have the authority to direct the equipment operator to stop while the find is
assessed. If it is determined that the find does not constitute a burial,the mechanical
excavation shall continue.
-3-
Ordinance Number 1628
Mit.# Mitigation Measure Implementation Monitoring Timing Confirmation
Responsibility Responsibility
• If the find is determined to be a human burial,the lead archaeologist shall immediately
notify the Site Supervisor for the developer,as well as the Principal Investigator. The
Principal Investigator shall immediately notify the MLD and the Community
Development Director for the City of Seal Beach. The City shall provide the Coastal
Commission with weekly updates describing the finds in writing.
Identification of Additional Burials
• For all discovered human burials, attempts shall continue to be made to locate
additional burials nearby through hand excavation techniques. This shall be done
through the excavation of 1 x 1 meter exploratory test units (ETUs) placed along
transects extending radially from each identified burial or burial cluster.The spacing of
the ETUs shall be determined upon consultation with the project Archaeologist and the
MLD.The radial transects shall be designed to test areas within 50 feet(15 m)from the
edge of each burial or burial cluster. Excavation of these units shall be limited to areas
containing intact cultural deposit(i.e.,areas that have not been graded to the underlying
marine terrace) and shall be excavated until the marine terrace deposits are
encountered,or to the excavation depth required for the approved grading plan.The soil
from the ETUs along the radial transects shall be screened only if human remains are
found in that unit.
• Controlled grading shall be conducted within these 50-foot heightened investigation
areas with a wheeled motor grader. The motor grader shall use an angled blade that
excavates 1 to 2 inches at a pass,pushing the soil to the side to form a low windrow.
Monitors shall follow about 20 feet behind the motor grader,examining the ground for
evidence of burials.
• When a burial is identified during controlled grading, the soil in windrows that may
contain fragments of bone from that burial shall be screened.At a minimum this shall
include the soil in the windrow within 50 feet of the burial in the direction of the grading.
• If additional burials are found during controlled grading, additional ETUs will be hand
excavated in the radial patterns described above.
Burial Removal and Storage
• Consultation with the MLD shall occur regarding the treatment of discovered human
burials. If the MLD determines it is appropriate to have discovered human remains
pedestaled for removal,that activity shall be conducted in a method agreed to by the
MLD.
-4-
Ordinance Number 1628
----------- ----------- -----------—-------
Mit.# Mitigation Measure Implementation Monitoring Timing Confirmation
Responsibility Responsibility
• After pedestaling or other agreed upon burial removal program is completed,the top of
a burial shall be covered with paper towels to act as a cushion, and then a heavy ply
plastic will be placed over the top to retain surface moisture.Duct tape shall be wrapped
around the entire pedestal,securing the plastic bag and supporting the pedestal.Labels
shall be placed on the plastic indicating the burial number and the direction of true north
in rotation to the individual burial. Sections of rebar shall be hammered across the
bottom of the pedestal and parallel to the ground. When a number of parallel rebar
sections have been placed this way, they shall be lifted simultaneously,cracking the
pedestal loose from the ground.The pedestal shall then be pushed onto a thick plywood
board and lifted onto a pallet.A forklift shall carry the pallet to a secure storage area or
secure storage containers located on the subject property.
• If another agreed upon burial removal program is utilized,that method shall be carried
out in a manner agreed upon after consultation with the MLD.
Study of Burial Remains
• If the burials are removed in pedestal and are incompletely exposed, osteological
studies are necessarily limited to determination (if possible) of age, sex, position,
orientation, and trauma or pathology. After consultation, and only upon written
agreement by the IVILD, additional studies that are destructive to the remains may be
undertaken, including radiocarbon dating of bone or DNA studies. If the IVILD
determines that only non-destructive additional studies may be allowed,one shell may
be removed from each burial and submitted for radiocarbon dating. The assumption
here is that the shell would have been part of the fill for the burial pit,and therefore
would provide a maximum age for the burial.
• The MILD may indicate a willingness to consider some additional exposure and study of
the skeletal material removed from the sites.Such study would not involve removal of
the remains from the project area, but rather would be undertaken near the storage
area.To the extent allowed by the IVILD,the bones would be further exposed within the
existing pedestals or other medium containing the human remains and additional
measurements taken. Consultation with the IVILD regarding the feasibility of these
additional studies prior to reburial would occur,
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Mit.# Mitigation Measure Implementation Monitoring Timing Confirmation
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Repatriation of Burials and Associated Artifacts
• Once all portions of the project area have been graded to the underlying culturally sterile
marine terrace deposits,or to the excavation depth required for the approved grading
plan, the repatriation process shall be initiated for all recovered human remains and
associated artifacts.Once a reburial site has been identified and prepared,the remains
and associated artifacts shall be transported from the secure storage area to the site for
reburial.Appropriate ceremony will be undertaken during this process at the discretion
of the MLD.
Additional Studies
• Considerable additional data relating to regional research issues may be uncovered if
substantial numbers of human burials and other archaeological features are
encountered during the construction monitoring for the development. If this occurs,
additional analysis shall be conducted. The analysis shall be designed to more
completely address the research issues discussed in the approved'Research Design,"
and to provide additional mitigation of impacts to the sites in light of the new finds.The
following studies would be potentially applicable:
• Radiocarbon Dating. In considering the implications of the burials in interpreting
site use and regional settlement,it is cr::tical to assess the time range represented
by the interments.Do they correspond to the full temporal range of site use,or only
a limited timeframe?Although direct dating of the bones may not be possible due
to the destructive nature of the radiocarbon technique,the MILD may approve the
removal of a single shell from the interior of each burial for dating.Although this
shall not provide a direct date of the burial, assuming the shell was part of the
burial fill it should provide a maximum age(that is,the burial should not be older
than the shell).In addition,an equivalent number of additional samples from non-
burial contexts would also be taken for comparative purposes.These data would
provide a more secure measure of the intensity of occupation during different
periods,
• Sediment Cores.Dating results obtained to date on the Hellman Ranch/John Laing
Homes properties may suggest a possible link between the use of the sites within
the project area and the productivity of the adjacent lagoon and estuary systems.
To assess this link using independent environmental data on the subject property,
two sediment cores will be taken from suitable locations of the property.Sediments
in the cores shall be examined and described in the field by C3 geologist, and
samples collected for dating and pollen analysis.These data shall then be used to
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Ordinance Number 1628
Implementation Monitoring---- -----
Mit.# Mitigation Measure it Monitoring Confirmation
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ty Responsibility
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help reconstruct the habitats present on the property during the periods the sites
were occupied.This analysis shall be included in the final report documenting the
testing,data recovery,and construction monitoring phases of this investigation.
• Comparative Studies.The substantial assemblage of artifacts recovered during the
monitoring on the Hellman RanchlJohn Laing Homes properties provides a basis
for comparison with other sites and shall contribute to an understanding of regional
patterns.This analysis shall be included in the final report(see below),
• Animal Interments.Animal interments may be discovered within the project area.
Because these are not human remains, somewhat more intensive study is
possible. Because these features are uncommon and represent very culture-
specific religious practices,they are useful in reconstructing cultural areas during
certain times in prehistory.Analysis of animal interments will include:(1)exposure
to determine burial position: (2)photo documentation:(3)examination of skeleton
for age!sex;traumatic injury, pathology,butchering,or other cultural modification;
(4) radiocarbon dating; and (5) examination of grave dirt for evidence of grave
goods or stomach contents
Curation
Cultural materials recovered from the cultural resources monitoring and mitigation
program for the development shall be curated either at an appropriate facility in Orange
County,or,in consultation with the City,at the San Diego Archaeological Center.
Preparation of Final Report
• The final technical report shall be prepared and submitted to the City and the California
Coastal Commission within 12 months of the completion of the archeological field work.
The report shall conform to the guidelines developed by the California Office of Historic
Preservation for Archaeological Resource Management Reports (ARMR). It will be
prepared in sufficient quantity to distribute to interested regional researchers and Native
American groups,It shall thoroughly document and synthesize all of the findings from all
phases of the cultural resources program.Funding shall be provided by the landowner.
GEO-1 Engineering design for all structures shall be based on the probability that the project area will be subjected Contractor City Engineer Prior to issuance of a
to strong ground motion during the lifetime of development.Construction plans shall be subject to Chapter building permit
9.60(Building Code)of the City of Seal Beach Municipal Code and shall include applicable standards,
which address seismic design parameters.
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Ordinance Number 1628
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GEO-2 Mitigation of earthquake ground shaking shall be incorporated into design and construction in accordance Contractor City Engineer Prior to issuance of a
with California Building Code requirements and site specific design. The Newport-Inglewood Fault zone building permit
shall be considered the seismic source for the project site and specified design parameters shall be used.
Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building
permits in order to insure that over excavation of soft,broken rock and clayey soils within sheared zones
shall be required where development is planned.
GEO-3 The potential damaging effects of regional earthquake activity shall be considered in the design of each Contractor City Engineer Prior to issuance of a
structure.The preliminary seismic evaluation shall be based on basic data including the California Building building permit
Code Seismic Parameters and Pacific Soils' exhibits and tables. Structural design criteria shall be
determined in the consideration of building types,occupancy category, seismic impotance factors, and
possibly other factors.
GEO-4 The project proponent shall incorporate measures identified in site-specific reports prepared by the project Contractor City Engineer Prior to issuance of a
geotechnical consultant to mitigate expansive soil conditions,compressiblelcollapsible soil conditions and building permit
liquefaction soil conditions,and impacts from trenching.Recommendations shall be based on surface and
subsurface mapping,laboratory testing,and analysis.The geotechnical consultant's site specific reports
shall be approved by a certified engineering geologist and a registered civil engineer, and shall be
completed to the satisfaction of the City Engineer, Project applicant shall reimburse City costs of
independent third-party review of said geotechnical report.
GEO-5 Loose and soft alluvial soils,expansive clay soils,and all existing uncertified fill materials shall be removed Contractor Building official Prior to issuance of a
and replaced with compacted fill during site grading in order to prevent seismic settlement soil expansion, building permit
and differential compaction. All grading procedures, including soil excavation and compaction, the
placement of backfill,and temporary excavation shall comply with City of Seal Beach Standards,
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GEO-6 All surfaces to receive compacted fill shall be cleared of existing vegetation,debris,and other unsuitable Contractor Building official Prior to issuance of a
materials, which shall be removed from the site. Soils that are disturbed during site clearing shall be building permit
removed and replaced as controlled compacted fill under the direction of the Soils Engineer.
GEO-7 Graded but undeveloped land shall be maintained weed-free and planted With interim landscaping within Contractor Building official Prior to issuance of a
90 days of completion of grading,unless building permits are obtained. Planting with interim landscaping building permit
shall comply with National Pollutant Discharge Elimination System(NPDES)Best Management Practices.
GEO-8 As soon as possible following the completion of grading activities, exposed soils shall be seeded or Contractor Building official Prior to issuance of a
vegetated with a seed mix and/or native vegetation to ensure soil stabilization. building permit
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GEO-9 Precise grading plans shall include an Erosion,Siltation,and Dust Control Plan.The Plan's provisions may Contractor Building official Prior to issuance of a
include sedimentation basins,sand bagging,soil compaction,revegetation,temporary irrigation,scheduling grading permit
and time limits on grading activities,and construction equipment restrictions on-site.This plan shall also
demonstrate compliance with South Coast Air Quality Management District Rule 403, which regulates
fugitive dust control.
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Ordinance Number 1628
Mit.# Mitigation Measure Implementation Monitoring Timing Confirmation
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HAZ-1 Should hazardous materials be encountered within on-site structures, the materials shall be tested and Contractor Building official During grading and
property disposed of in accordance with State and Federal regulatory requirements.Any stained soils or construction
surfaces underneath the removed materials shall be sampled. Results of the sampling shall indicate the
appropriate level of remediation efforts that would be required.
HAZ-2 To address the potential for lead-based paint and asbestos containing material to be present within Contractor Building official Prior to issuance of a
structures on-site, the following activities shall occur prior to the demolition or relocation of on-site demolition permit;during
structures: demolition
•If during demolition of the structures,paint is separated from the building material(e.g.,
chemically or physically), the paint waste shall be evaluated independently from the
building material to determine its proper management.According to the Department of
Toxic Substances Control, if paint is not removed from the building material during
demolition (and is not chipping or peeling), the material shall be disposed of as
construction debris(a non-hazardous waste).The landfill operator shall be contacted in
advance to determine any specific requirements they may have regarding the disposal of
lead-based paint materials.
- In compliance with the National Emission Standards for Hazardous Air Pollutants
(NESHAP).an asbestos survey shall be conducted prior to the commencement of any
remedial work, including demolition, to determine the presence of asbestos containing
materials(ACMs)
Any demolition of the existing buildings shall comply with State law,which requires a
certified contractor to follow prescribed procedures when removing 100 square feet or
more of ACIVIs,
HAZ_3 Prior to the issuance of any building permit,the project applicant shall provide evidence acceptable to the Contractor Building official Prior to issuance of a
Building Official demonstrating that the proposed development is consistent with the Airport Environs Land building permit
Use Plan, - ----- -
HYD-1 Prior to issuance of a grading permit for any project of one acre or larger,a General Construction Activity Contractor Building official Prior to issuance of a
Storm Water Permit shall be obtained from the Regional Water Quality Control Board,Such permits include grading permit
provisions to eliminate or reduce off-site discharges through implementation of a Storm Water Pollution
Prevention Plan (SWPPP). Specific SWPPP provisions include requirements for erosion and sediment
control,as well as monitoring requirements both during and after construction.Pollution-control measures
also require the use of best available technology, best conventional pollutant control technology,and/or
best management practices to prevent or reduce pollutant discharge,
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Ordinance Number 1628
Mit.# Mitigation Measure Implementation Monitorina Timing Confirmation
Responsibility Responsibility
HYD-2 Prior to the issuance of the first grading or building permit for any project of one acre or larger, a Contractor Building official Prior to issuance of the
comprehensive Water Quality Management Plan(WQMP)shall be prepared by a registered civil engineer first grading or building
or a registered professional hydrologist to protect water resources from impacts due to urban contaminants permit
in surface water runoff,The WOMP shall be prepared in coordination with the Regional Water Quality
Control Board,Orange County,the City of Seal Beach,and the California Coastal Commission to insure
compliance with applicable National Pollutant Discharge Elimination System(NPDES)permit requirements.
The WQMP shall include a combination of structural and non-structural Best Management Practices
(BMPs)as outlined in the Countywide NPIDES Drainage Area Management Plan. The project applicant
shall reimburse City costs of independent third-party review of the Water Quality Management Plan,
HYD-3 Site plans shall be designed to include all feasible techniques for the onsite retention and percolation of Contractor City Engineer Prior to issuance of a
precipitation and irrigation water in a manner meeting the approval of the City Engineer. grading or building
permit
HYD-4 Prior to issuance of a grading or building permit,the applicant shall demonstrate to the City Engineer that Contractor City Engineer Prior to issuance of a
the development will be adequately protected from flood hazards, grading or building
permit
N-1 If determined necessary by the City Engineer,prior to issuance of a building permit a noise analysis of the Contractor City Engineer Prior to issuance of a
proposed development shall be prepared.The noise analysis shall evaluate noise levels on the project site building permit
and identify measures that will ensure acceptable exterior and interior noise levels for residential units.The
analysis should include noise impacts from traffic along Seal Beach Boulevard,helicopter overflights from
the Boeing facility, aircraft overflight from the Los Alamitos Armed Forces Reserve Center(AFRC)and
operational impacts from the Seal Beach Police Station.Noise mitigation measures may include screening
or increased building insulation,if determined necessary by the City Engineer.
UTIL-1 Prior to the issuance of any building permit for residential development,the project applicant shall provide Contractor PublicWorks Prior to issuance of a
evidence acceptable to the Seal Beach Public Works Directo,demonstrating that adequate water and Director building permit
wastewater facilities are available to serve the developmenL Project plans shall demonstrate conformance
with all applicable water conservation requirements such as draught-tolerant landscaping and water-saving
UTIL-2 The construction contractor shall reduce construction-generated waste that is disposed of at landfills Contractor Building official Prior to issuance of a
according to State law by at least 50 percent. The contractor shall prepare a construction waste building permit
management plan explaining the practices that would be used to achieve this level of reduction.
U T1L_-_3_ Prior to the issuance of building permits for the proposed structures,detailed plans shall be submitted to Contractor Community Prior to issuance of a
the Community Development Department for approval, delineating the number, location, and general Development building permit
design of solid waste enclosures and storage areas for recycled material. Director
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