HomeMy WebLinkAboutCC Res 5455 2006-04-24
RESOLUTION NUMBER 5455
A RESOLUTION OF THE CITY COUNCIL OF TIlE
CITY OF SEAL BEACH ADOPTING MITIGATED
NEGATIVE DECLARATION 06-1, 400 MARINA
DRIVE PROJECT, AND INSTRUCTING STAFF TO
FILE APPROPRIATE DOCUMENTATION WITH
THE COUNTY OF ORANGE
WHEREAS, on November 21,2005 Schwendener Corporation submitted requests for a
General Plan Amendment, Zone Change and Tentative Parcel Map with the Department
of Development Services; and
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WHEREAS, The proposed project seeks approval of the following actions, as requested
by Schwendener Corporation:
[J Amend the Land Use and Housing Elements of General Plan to designate
a 13,667 square foot, 0.31.acre, property from Commercial General to
Residential High Density;
[J Change the zoning designation on this parcel from General Commercial
(C-2) to Residential High Density (RHD), District I to be consistent with
the General Plan revision;
[J Approve Tentative Parcel Map 2005-257 to create 4 parcels on the
approximately 0.31 acres, with a minimum parcel size of 2,937.5 square
feet; and
WHEREAS, the City has prepared "Proposed Initial Study/Mitigated Negative
Declaration 06-1, General Plan Amendment 06-1, Zone Change 06-1 and Tentative Parcel
Map 2005-257 - 400 Marina Drive Project" (SCH # 2006021131) as required by the
Califomia Environmental Quality Act (CEQA); and
WHEREAS, the comment period on Mitigated Negative Declaration 06-1 ended on
March 27, 2006. The City received 6 responses to the Mitigated Negative Declaration.
The City had received comments on the proposed Mitigated Negative Declaration from:
[J Orange County Fire Authority;
[J California Coastal Commission;
[J Califomia Department of Transportation, District 12;
[J Southem California Association of Governments;
[J Pat Keams; and
[J City of Seal Beach Environmental Quality Control Board Minutes of March
15, 2006; and
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WHEREAS, the City prepared a "Response to Comments" document dated March 28,
2006, that includes written responses to all of the above-received comments on the subject
Initial StudylMitigated Negative Declaration and determining that all issues raised during
the public comment period have be,en evaluated and no significant impacts have been raised.
A copy of that document was provided for the information ofthe City Council; and
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WHEREAS, a duly noticed public hearing was held by the Planning Commission on
April 5, 2006 to consider, Mitigated Negative Declaration 06-1 and the requested General
Plan Amendment 06-1, Zorie Change 06~1 and Tentative Parcel Map 2005-257; and
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WHEREAS, the Planning.Cl?mmission received into evidence the Staff Report of April 5,
2006, along with all attachments thereto, and considered all public testimony presented; and
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WHEREAS, the Planning Commission determined to recommend to the City Council the
adoption of Mitigated Negative Declaration 06-1 through the adoption of Planning
Commission Resolution No. 06-17; and
WHEREAS, the City Council considered the adoption of the subject Mitigated
Negative Declaration 06-1, 400 Marina Drive Project Mitigation Monitoring and
Reporting Program, and Responses to Comments documents, along with a Staff Report
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Resolution Number 5455
on April 24, 2006 at a noticed public hearing and received additional public comments;
and
WHEREAS, the City has addressed each of these concerns within the Initial
StudylNegative Declaration document. Moreover, although CEQA does not require
responses to comments made concerning a negative declaration, the City responded in
writing to comments received, in the "Responses to Comments for Initial Study/Mitigated
Negative Declaration 06-1, 400 Marina Drive Project" document dated March 28, 2006.
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NOW, THEREFORE BE IT RESOLVED, that the City Council hereby:
I. Finds that there is substantial evidence in the record that the project may have a
significant effect on the environment, but mitigation measures imposed herein would
avoid or mitigate the effects to a point where clearly no significant effect would
occur and there is no substantial evidence in the record that any significant effect
would remain after mitigation.
2. Finds that there has been no evidence presented that Mitigated Negative Declaration
06-1 has been "substantially revised" so as to require recirculation under the
California Environmental Quality Act.
3. Adopts Mitigated Negative Declaration 06-1 - 400 Marina Drive Project.
4. Approves and adopts as conditions of approval the Mitigation Measures set forth in
"Exhibit A" of this resolution for Mitigated Negative Declaration 06-1, the 400
Marina Drive Project.
5.
Determines that approval of this project involves no potential for adverse effects,
either individually or cumulatively, on wildlife resources and will not have an
adverse impact on fish and wildlife, since there are no identified wildlife
resources on or adjacent to the site.
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6.
Finds that the foregoing findings are based on substantial evidence in the record,
including without limitation, the draft Mitigated Negative Declaration 06-1, staff
reports and both oral and written testimony. The documents that comprise the
record of the proceedings are on file with the Department of Development Services,
211 Eighth Street, Seal Beach. The custodian of said records is the Director of
Development Services.
7. Instructs the Director of Development Services to file appropriate documentation
with the County of Orange.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a meeting thereof held on the 24th day of Aoril ,2006, by the following vote:
AYES: councilmembers~ilY.) ~J/JLJn~ ~ ')/f:J/1~
, , J /~
Councilmembers ~
;;;;:
Councilmembers
NOES:
ABSENT:
ABSTAIN:
Councilmembers
~4..B-
Charles Antos
Mayor
Resolution Number 5455
ATTEST:
~.A J1~~
Li da Devme
City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number 5455 on file in the office of the City
Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a
regular meeting thereof held on the 24th day of Aoril , 2006
~~
City Clerk
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Resolution Number 5455
"EXHIBIT A"
MITIGATED NEGATIVE DECLARATION 06-1:
400 MARINA DRIVE PROJECT
ADOPTED MITIGATION MONITORING and
REPORTING PROGRAM, dated April 24, 2006
Mitigation Measure (MM)
CULTURAL RESOURCES
CUL-1 An archaeologist and a
Native American Monitor appointed
by the City of Seal Beach shall be
present during earth removal or
disturbance activities related to
rough grading and other excavation
for foundations and utilities. If any
earth removal or disturbance
activities result in the discovery of
cultural resources, the Project
proponent's contractors shall cease
all earth removal or disturbance
activities in the vicinity and
immediately notify the City selected
archaeologist andlor Native
American Monitor, who shall
immediately notify the Director of
Development Services. The City
selected archaeologist shall
evaluate all potential cultural
findings in accordance with
standard practice, the requirements
of the City of Seal Beach
Archaeological and Historical
Element, and other applicable
regulations. Consultation with the
Native American Monitor, the
Native American Heritage
Commission and data/artifact
recovery, if deemed appropriate,
shall be conducted.
Timing
Prior to
issuance of
a grading
permit
Responsible
Party for Date
Implementation Completed Comments
Director of
Development
Services
Mitigation Measure (MM)
CUL-2 If evidence of subsurface
paleontologic resources is found
during construction, excavation and
other construction activity in that
area shall cease and the contractor
shall contact the City Development
Services Department. With
direction from the City
Development Services Department,
an Orange County Certified
Paleontologist shall prepare and
complete a standard Paleontologic
Resource Mitigation Program.
CUL-3 Should any human bone be
encountered during any earth
removal or disturbance activities,
all activity shall cease immediately
and the City selected archaeologist
and Native American monitor shall
be immediately contacted, who
shall then immediately notify the
Director of Development Services.
The Director of Development
Services shall contact the Coroner
pursuant to Sections 5097.98 and
5097.99 of the Public 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.
Timing
During
grading
During
grading
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
Director of
Development
Services
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Director of
Development
Services
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Resolution Number 5455
Mitigation Measure (MM)
CUL-4 If more than one Native
American burial is encountered
during any earth removal or
disturbance activities, a "Mitigation
Plan" shall be prepared and subject
to approval by the City of Seal
Beach Community Development
Department and the California
Coastal Commission. The
Mitigation Plan shall include the
following procedures:
Continued Native American
Monitorina
. 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
undisturbed soil profiles.
· 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.
Timing
During
grading
Responsible
Party for Date
Implementation Completed Comments
Director of
Development
Services
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Mitigation Measure (MM)
CUL-4 (Continued)
. 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 will 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
undisturbed soil profiles) 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.
Timing
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
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Resolution Number 5455
Mitigation Measure (MM)
CUL-4 (Continued)
Notification Procedures for New
Discoveries
(Continued)
. 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 Director of Development
Services for the City of Seal
Beach. The City shall provide
the Coastal Commission with
weekly updates describing any
such 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 m
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 (Le., areas
that have not been graded to
the underlying undisturbed soil
profiles) and shall be excavated
until the undisturbed soil profiles
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.
Timing
Responsible
Party for Date
Implementation Completed Comments
Mitigation Measure (MM)
CULTURAL RESOURCES
(Continued)
CUL-4 (Continued)
Identification of Additional Burials
(Continued)
. 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.
Timing
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
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Resolution Number 5455
Mitigation Measure (MM)
CUL-4 (Continued)
Burial Removal and Storace
. 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.
. 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
relation 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.
Timing
Responsible
Party for Date
Implementation Completed Comments
Mitigation Measure (MM)
CUL 4 (Continued)
Burial Removal and Storace
(Continued)
. 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 and
concurrence by the California
Coastal Commission.
Studv 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 MLD,
additional studies that are
destructive to the remains may
be undertaken, including
radiocarbon dating of bone or
DNA studies. If the MLD
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.
Timing
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
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Resolution Number 5455
Mitigation Measure (MM)
CUL-4 (Continued)
Studv of Burial
(Continued)
Remains
. The MLD 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 MLD, the
bones would be further exposed
within the existing pedestals or
other medium containing the
human remains and additional
measurements taken.
Consultation with the MLD
regarding the feasibility of these
additional studies prior to
reburial would occur.
Reoatriation 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.
Timing
Responsible
Party for Date
Implementation Completed Comments
Mitigation Measure (MM)
CUL 4 (Continued)
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:
o Radiocarbon Dating. In
considering the implications of
the burials in interpreting site
use and regional settlement, it is
critical 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 MLD
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.
Timing
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
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Resolution Number 5455
Mitigation Measure (MM)
CULTURAL RESOURCES (Continued)
CUL-4 (Continued)
Additional Studies (Continued)
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o 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 a geologist, and
samples collected for dating and
pollen analysis. These data shall
then be used to 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.
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o Comparative Studies. The
substantial assemblage of artifacts
recovered during the monitoring on
the Hellman Ranch/John 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).
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Responsible
Party for Date
Timing Implementation Completed Comments
Mitigation Measure (MM)
CULTURAL RESOURCES
(Continued)
CUL 4 (Continued)
Additional Studies (Continued)
o 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.
Timing
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
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Resolution Number 5455
Mitigation Measure (MM)
CUL 4 (Continued)
Preoaration of Final Reoort
. The final technical report shall
be prepared and submitted to
the City and the Califomia
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.
Timing
Responsible
Party for Date
Implementation Completed Comments
Mitigation Measure (MM)
GEO-1 Engineering design for all
structures shall be based on the
probability that the Project area will
be subjected to strong ground
motion during the lifetime of
development. Construction plans
shall be subject to the City of Seal
Beach Municipal Code and shall
include applicable standards,
which address seismic design
parameters.
GEO-2 Mitigation of earthquake
ground shaking shall be
incorporated into design and
construction in accordance with
Uniform Building Code
requirements and site specific
design. The Newport-Inglewood
fault shall be considered the
seismic source for the Project site
and specified design parameters
shall be used.
GEO-3 The potential damaging
effects of regional earthquake
activity shall be considered in the
design of each structure. The
preliminary seismic evaluation
shall be based on basic data
including the Uniform Building
Code Seismic Parameters and the
geo-technical site-specific report
prepared for the Project.
Structural design criteria shall be
determined in the consideration of
building types, occupancy
category, seismic importance
factors, and possibly other factors.
GEO-4 Conformance with the
latest Uniform Building Code and
City Ordinances can be expected
to satisfactorily mitigate the effect
of seismic ground shaking.
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 will be required
where development is planned.
Timing
Prior to
issuance of
a building
permit
Prior to
issuance of
a building
permit
Prior to
issuance of
a building
permit
Prior to
issuance of
a building
permit
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
Building
Official
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Building
Official
Building
Official
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Building
Official
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Resolution Number 5455
Mitigation Measure (MM)
GEOLOGY AND SOILS
GEO-5 The project proponent
shall incorporate measures to
mitigate expansive soil conditions,
compressible/collapsible soil
conditions and liquefaction soil
conditions, and impacts from
trenching, which measures would
be identified in site-specific reports
prepared by the project's
geotechnical consultant.
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-6 Loose and soft alluvial
soils, expansive clay soils, and all
existing uncertified fill materials
shall be removed and replaced
with compacted fill during site
grading in order to prevent seismic
settlement, soil expansion, and
differential compaction.
GEO-? All surfaces to receive
compacted fill shall be cleared of
existing vegetation, debris, and
other unsuitable materials which
should be removed from the site.
Soils that are disturbed during site
clearing shall be removed and
replaced as controlled compacted
fill under the direction of the Soils
Engineer.
Timing
Prior to
issuance of
a grading
permit
During
grading
During
grading
Responsible
Party for Date
Implementation Completed Comments
City Engineer
Building
Inspector
Building
Inspector
Mitigation Measure (MM)
GEOLOGY AND SOilS
GEO-8 All grading procedures,
including soil excavation and
compaction, the placement of
backfill, and temporary excavation
shall comply with City of Seal
Beach Standards.
GEO-9 Graded but undeveloped
land shall be maintained weed-
free and planted with interim
landscaping within ninety (90)
days of completion of grading,
unless building permits are
obtained. Planting with interim
landscaping shall comply with
NPDES Best Management
Practices.
GEO-10 As soon as possible
following the completion of grading
activities, exposed soils shall be
seeded or vegetated with a seed
mix and/or native vegetation to
ensure soil stabilization.
GEO-11 Precise grading plans
shall include an Erosion, Siltation,
and Dust Control Plan. The Plan's
provisions may include sand
bagging, soil compaction,
revegetation, temporary irrigation,
scheduling 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.
Timing
During
grading
Upon
completion
of grading
Upon
completion
of grading
Prior to
issuance of
grading
permit
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
Public Works
and Building
Inspectors
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Public Works
and Building
Inspectors
Public Works
and Building
Inspectors
Public Works
Director and
Building
Official
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Resolution Number 5455
Mitigation Measure (MM)
HAZARDS AND HAZARDOUS
MATERIALS
HAZ-1 The Project proponent
shall provide to the Director of
Development Services
documentation from the Orange
County Airport Land Use
Commission as to the compliance
of the proposed project with the
"Airport Environs Land Use Plan
for Joint Forces Training Base Los
Alamitos". Issuance of building
permits shall not occur until said
compliance notification is received
by the Director of Development
Services.
HYDROLOGY AND WATER
QUALITY
HYD-1 Prior to the issuance of the
first grading or building permit, a
comprehensive Water Quality
Management Plan (WQMP) shall
be prepared by a registered civil
engineer or a registered
professional hydrologist to protect
water resources from impacts due
to urban contaminants in surface
water runoff. The WQMP 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 NPDES
Drainage Area Management Plan.
Project applicant shall reimburse
City costs of independent third-
party review of said Water Quality
Management Plan.
Timing
Prior to
issuance of
building
permits
Prior to
issuance of
grading or
building
permit
Responsible
Party for Date
Implementation Completed Comments
Director of
Development
Services
Director of
Public Works
and Building
Official
Mitigation Measure (MM)
HYDROLOGY AND WATER
QUALITY
HYD2 The amount of sediment
movement during construction will
be minimized by the use of
NPDES BMP's, including, but not
limited to, sandbags, silt fences,
straw bales and rock check dams.
The construction and condition of
the BMP's will be periodically
inspected during construction and
repairs will be made, when
necessary, as required by the
NPDES.
HYD3 The project is required to
meet Stormwater Management
regulations of the City of Seal
Beach as set forth in Chapter
9.20, Storm Water Management
Program. A copy of the Storm
Water Pollution Prevention Plan
(SWPPP) if required, and a
Monitoring Plan shall be submitted
to the City Engineer a minimum of
thirty (30) days prior to
commencing grading operations
for approval. A Grading Permit
shall not be issued by the Building
Department or Public Works
Department until the SWPPP has
been approved by the City
Engineer.
The SWPPP shall emphasize
structural and non-structural Best
Management Practices (BMPs) in
compliance with NPDES Program
requirements. Specific measures
shall include:
OAII loose piles of soil, silt, clay,
sand, debris, or other earthen
materials shall be protected in a
reasonable manner to eliminate
any discharge to waters of the
State.
ODuring construction, temporary
gravel or sandbag containment
walls shall be used as
necessary to prevent discharge
of earthen materials from the
site during periods of
precipitation or runoff.
Timing
During
construction
Prior to
issuance of
grading
permit
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
Public Works
and Building
Inspectors
I
City Engineer
I
I
I
I
I
Resolution Number 5455
Mitigation Measure (MM)
NOISE
N-1 Prior to commencement of
construction activities, notice
shall be provided to surrounding
residents within a 500-foot
distance of the project site,
regarding anticipated
construction activity dates and
times when substantial noise is
anticipated to occur. Prior to
distribution, the notice shall be
reviewed and approved by the
Director of Development
Services.
N-2 To reduce construction-
related noise impacts,
construction shall be limited to
periods of reduced noise
sensitivity and thus reduce sleep
disturbance and other noise
nuisance potential. Pursuant to
the City's Noise Ordinance, the
construction contractor shall
ensure that general construction
activities (which includes
construction vehicle staging and
idling engines) be conducted
only between the hours of 7:00
a.m. and 8:00 p.m. on weekdays,
between 8:00 a.m. and 8:00 p.m.
on Saturday, and do not take
place at any time on Sunday or
local, State, or Federal holidays.
'.
Timing
Prior to
commenceme
nt of
construction
During
construction
Responsible
Party for Date
Implementation Completed Comments
Director of
Development
Services
Building
Inspector
Mitigation Measure (MM)
NOISE (Continued)
N-3 Prior to Building/Grading
Permit issuance, the
Building/Grading Plans shall be
reviewed and approved by the
Planning Department to ensure
compliance with the following:
!:lAII construction equipment, fixed
or mobile, shall be equipped with
properly operating and
maintained mufflers, to the
satisfaction of the Building
Official;
!:lOuring construction, stationary
construction equipment shall be
placed such that emitted noise is
directed away from sensitive
noise receptors, to the
satisfaction of the Building
Official; and
!:lOuring construction and to the
satisfaction of the Building
Official, stockpiling and vehicle
staging areas shall be located as
far as practical from noise
sensitive receptors.
N-4 All construction-related
noises will cease upon completion
of the project.
Timing
Prior to
issuance of
grading or
building
permit
Upon project
completion
* * * *
Resolution Number 5455
Responsible
Party for Date
Implementation Completed Comments
Building
Official
I
Building
Official
I
I