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HomeMy WebLinkAboutCC Res 5317 2005-04-11 RESOLUTION NUMBER ~ 3/7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 05-1, HELLMAN RANCH TANK FARM REPLACEMENT PROGRAM, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, Hellman Properties has submitted an application to relocate existing tank farm facilities within Hellman Ranch to a location in the central portion of the mineral production area on approximately .53 acres or 23,045 square feet, and will contain the same basic structural components as the existing tank farm. This relocation will allow consolidation of facilities in this area of the property with other existing tanks, pumping units, pipelines and access roads. It will also allow for the existing tank farm area to be made available for acquisition for wetland restoration and open space purposes, once use of that area for oil production is terminated. The project will also entail the construction of about 1,800 linear feet of new pipeline and the abandonment of about 4,300 linear feet of existing pipeline; mid WHEREAS, staff has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California I Environmental Quality Act (CEQA). The comment period on the subject Negative Declaration ended on February 14, 2005. As of February 14, 2005, The City had received comments on the proposed Mitigated Negative Declaration from: Q State Clearinghouse and Planning Unit; o California Department of Transportation, District 12; .' ,0 City of ~ Beach Environmental Quality Control Board Minutes of ,January 26,2005; . O;--~. .City of s'eaI Beach Archaeological Advisory Committee Minutes of 'r .,~ 4 ..' . Feb1"11lllj.'7, 2005; and -# . '~q ; ,. City of.Seal Beach Planning Commission Minutes of February 9, 2005. .q.~'r' '// On ~h 3, 2005 the City received a comment letter from the State of California Department of Toxic Substances Control after the close of the public comment period on February 14, 2005. Although CEQA does not require Lead Agencies to respond to late comments, the letter and its comments are addressed within the "Responses to Comments for Initial StudylMitigated Negative Declaration 05-1, Hellman Ranch Tank Farm Replacement Program" prepared by City staff and dated April I, 2005. WHEREAS, the City's staff has prepared a ''Responses to Comments for Initial I StudylMitigated Negative Declaration 05-1, Hellman Ranch Tank Farm Replacement Program", dated April 1, 2005 document that includes written responses to all of the above-received comments on the subject Initial StudylMitigated Negative Declaration. A copy of that document was provided for the information of the City Council; and WHEREAS, the City Council considered the adoption of the subject Mitigated Negative Declaration 05-1, Hellman Ranch Tank Farm Replacement Program Mitigation Monitoring and Reporting Program, and Responses to Comments Resolution Number 5317 documents, along with a Staff Report on April 11, 2005, and received additional public comments; and I 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 resR,onded in writing to comments received, in the "Responses to Conuilents ~Initial StudylMitigated Negative Declaration 05-1, Hellman ".. . y.. \')",. . RaI)ch Tank Fll1'!l! Replacement Program" document dated Apnll, 2005. ~ /,.." '" ..~. ;.....:i~ NOW, THEfEFq~,'T~SOL VED, that the City Council hereby: 1. Finds tliat th;;;r;.suhstari~J evidence in the record that the project may have a significah~~ecHn t\.ti~nment, but mitigation measures imposed herein would avoid or mili~th€.:e~ts 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 05- 1 has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. 3. Adopts Mitigated Negative Declaration 05-1 - Hellman Ranch Tank Farm Replacement Program. 4. Approves and adopts as conditions of approval the Mitigation Measures set forth in "Exhibit A" of this resolution for the Hellman Ranch Tank Farm Replacement Program. I 5. Determines that approval of this project involves no potential for adverse effects, either individualIy or cumulatively, on wildlife resources and will not have an adverse impact on fish and wildlife. The project consists of the relocation of existing tank farm facilities within Hellman Ranch to a location in the central portion of the mineral production area on approximately .53 acres or 23,045 square feet, and will contain the same basic structural components as the existing tank farm location to an area identified within the Initial StudylMitigated Negative Declaration 05-1 as not impacting existing vegetation or wildlife, and has no impact on wildlife resources, since there are no identified wildlife resources on or adjacent to the site. 6. Finds that the foregoing findings are based on substantial evidence in the record, including without limitation, the draft Mitigated Negative Declaration 05-1, 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. I PASSED, APPROVED AND ADOPTED ~th: City Council of the City of Seal Beach at a meeting thereof held on the ,/ 'f4'1 day of (~-" f ' 2005, by the following vote: AYES: Councilmembers aJ'~, I ~). ~~ 'tf7J/.m, "!fW' NOES: Councilmembers v;J~-tJ..)/ f ABSENT: Councilmembers '7~ f Resolution Number =' 317 ~ ATTEST: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH ) )SS ) I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6 3/7 on file in the office of the City Clerk, passed, approved, and adopted by the City C~ of the City of Seal Beach, at a regular meeting thereof held on the /I <#1 day of ,'I .2005, )(<, - A f,O/I1tI~1 = I I I I I I Resolution Number '53/7 "EXHIBIT A" MITIGATED NEGATIVE DECLARATION 05-1: HELLMAN RANCH TANK FARM REPLACEMENT PROGRAM ADOPTED MITIGATION MONITORING and REPORTING PROGRAM, dated April 1, 2005 Responsible Party for Date Mitigation Measure (MM) Timing Implementation Completed Comments AESTHETICS A-1 Prior to approval of construction Prior to Director of documents, project plans including building approval of Development elevations, wall details and landscaping construction Servlcas shall be submitted for review and approval documents by the Director of Development Services to ensure the proposed design is compatible with adjacent development. A-2 Prior to issuance of a building permit, a Prior to Director of lighting plan for the project sile specifying Issuance of a Development the location and type of all exterior light building permit Servlcas sources, shall be prepared and submitted to the Department of Development Services for approval. Mitigation Measure (MM) Responsible Party for Implementation Comments Date Completed Timing AIR QUALITY AQ-1 Prior to Issuance of grading permits, the applicant shall add a note to the preliminary and precise grading plan that states that the project shall include suppression measures for fugitive dust and those associated with construction equipment In accordance with AQMD Rule 403 and other AQMD requirements, Prior to the Issuance of grading permits the project applicant shall include a note on all grading plans, which requires the construction contractor to Implement the following measures during grading. These measures shall also be discussed at the pre-grade conference, a. Application of extra water during clearing, grading and construction capable of achieving a minimum 12 percent soil moisture in the top 6-lnch soil stratum. b. Termination of soil disturbance during the occurrence of high winds (>25 mph) to prevent dust plumes form affecting surrounding properties. c. Minimization of construcUon interference with regional non-project traffic movement. Measures recommended for inclusion are: . Scheduling receipt of construction materials to non-peak travel periods. . Routing site access traffic through areas of least impact sensitivity. . Limiting lane closures and detours to off-peak travel periods. Prior to issuance of a grading permit Director of Development Services Resolution Number S 3'7 Mitigation Measure (MM) AIR QUAil TV (Continued) AQ-1 (Continued) d. Reducing .spill-over" effects by preventing soil erosion, washing vehicles entering pubilc roadways from dirt off-road project areas, and washlngfsweeping project access to public roadways on an adequate schedule, e. Requiring emissions control from on- site equipment through a routine mandatory program of low-emlssions tune-ups. f. Incorporating mitigation strategies into a construction impact reduction plan with clearly defined responsibilities for plan implementation and supervision. g. Conducting periodic site surveillance by a mitigation monitor during grading to verify that the dust mitigation plan Is being optlmaily implemented. h, Asbestos containing materials wiil be Investigated and mitigated in compliance with AQMD Rule 1403. AQ-2 Prior to Issuance of a grading penn it, the applicant shail Incorporate the foilowlng measures as a note on the grading plan cover sheet to ensure that the greatest distance between sources of odor and sensitive receptors during construction activities has been achieved. This language shail be approved by the Director of Development Services. c, Construction equipment, fixed or mobile, shail be maintained In proper operating condition with approved noise mufflers. d. Construction staging areas shail be located away from off-site receptors and occupied buildings on site during the later phases of project development. e. Stationary equipment shail be placed such that emitted noise is directed away from residential areas to the greatest extent feasible, f. Construction access routes shall be selected to minimize truck traffic near existing residential uses where reasonably feasible. Timing Prior to Issuance of a grading penn it. Responsible Party for Implementation Director of Development Services Date Completed Comments I I I I Mitigation Measure (MM) CULTURAl RESOURCES CR-1 In accordance with the Archeological Element of the Seal Beach General Plan, a "Research Design" shall be prepared by a City-selected archaeologist and approved by the City Council of the City of Seal Beach and the Califomia Coastal Commission prior to any earth moving operations. The "Research Design" shall incorporate infonnatlon from the "Geotechnical Investigation Report", prepared by Geomatrlx, and address the recommendations for additional excavation to provide suitable soil material to support the proposed tank facilities. The Archaeological Advisory Committee of the City of Seal Beach shall review and, provide comments and recommendations to the City Council regarding the "Research Design". The recommendations of the City-selected archaeologist contained within the approved "Research Design" shall be complied with prior to Issuance of a grading or building pennl!. Project-related earth removal or disturbance activity is not authorized until such time as the "Research Design" investigations and evaluations are completed and accepted by the City Council and until a wrltten "Authorization to Initiate Earth Removal-Disturbance Activity" is issued by the Director of Development Services to applicant for the Impacted area of the proposed project, Such "Authorization" will not be issued until the appropriate coastal development penn it from the Califomia Coastal Commission Is obtained by the project proponen!. GEOLOGY AND SOilS GS-1 The project proponent will comply with all recommendations identified Within the "Geotechnical Investigation Report - Hellman Rench Tank Fann Replacement Project" dated August 11, 2004 praparad by Geomatrix Consultants, Inc. All recommendations of the certified geologist's analysis will be Included in final project plans. GS-2 Prior to commencement of construction activities, the project contractor shall submit a drainage and erosion control plan to the Director of Public WorKs for review and approval. Such plan shall clearly identify an best management practices to be implemented during construction and their location. Such plans shall conteln provision for specifically Identifying and protecting all nearby drainage features (with sand bag barriers, filter fabric fences, straw bale filters, etc.) to prevent construction-flllated runoff and sediment from entering into these drainage features that ultimately deposit runoff into the Pacific Ocean. Resolution Number ? 3/7 Timing PrIor to earth moving activities Prior to issuance of a grading or building penn it Prior to commencement of construction activities Responsible Party for Implementation Director of Development Services Building OffIcial Diractor of Public WorKs Date Completed Comments . Resolution Number I') 3 '2 Responsible Party for Date Mitigation Measure (MM) Timing Implementation Completed Comments GEOLOGY AND SOILS (Continued) GS-2 (Continued) The drainage and erosion control plan should make it clear that: (a) dry cleanup methods are preferred whenever possible and that If water cleanup Is necessary, all runoff shall be collected to sellle out sediments prior to discharge from the site; all de-watering operations shall require filtration mechanisms; (b) concrete rlnsates shall be collected and shall not be allowed Into storm drains; (c) good construction housekeeping shall be required (e.g., clean up all leaks, drips, and other spills Immediately; refuel vehicles and heavy equipment off-site; keep materials covered and out of the rain (Including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather); and (d) all erosion and sediment controls shall be in place prior to commencement of grading and/or construction as well as at the end of each day. HAZARDS AND HAZARDOUS MATERIALS HHM-1 The applicant shall Include with the Prior to City Engineer project's grading plan, a plan to construct approval of a and maintain a conteinment wall of greding plan adequate size and capacity to accommodate a complete failure of the project's entire tank capacity. The City engineer shall review and approve of the design of the containment wall in conjunction with approval of the grading plan HHM-2 Prior to approval of construction Prior to Director of activRles, a Soil Management Plan (SMP) Issuance of a Public Works will be submitted for review and approval grading or and Building by the City of Seal Beach, Director of building permit Official Public Works. The Soil Management Plan will Include a Health and Safety Plan for the protection of onsite workers HHM-3 Work at the existing Tank Farm and Prior to Director of proposed replacement sites will be issuance of a Public Works conducted in compliance with the grading or and Building eal/OSHA Lead in Construction building permit Official Stendard. I Mitigation Measure (MM) HYDROLOGY AND WATER QUALITY I H-1 Prior to the Issuance of grading or building permits, 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 plan shall be prepared In coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to Insure compliance with applicable NPDES permit requirements. The Plan shall Include a combination of structural and non-structural Best Management Practices (BMPs) as ouUlned In Countywide NPDES Drainage Area Management Plan. At this time the requlreml1nts for a SWPPP shall be verified with the Regional Water Quality Control Board. I H-2 The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, slit 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. H-3 The project Is required to meet Stormwater Management regulations, The applicant shall file for a National Pollutant Discharge Elimination System (NPDES) permit with the Califomla State Water Resources Control Board and abide by the conditions of the permit as Issued. A copy of the Notice of Intent (NO I), 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. The SWPPP shall emphasize structural and non-structural Best Management Practices (BMPs) In compliance with NPDES Program requirements, Specific measures shall include: a The project shall provide appropriate sediment traps in open channels and energy dissipaters In stormwater conduits and storm drain outlets, if applicable, a Surplus or waste material from construction shall not be placed in drainage ways or within the 100-year floodplain of surface waters, a All loose plies of soli, slit, clay, sand, debris, or other earthen materials shall be protected In a reasonable manner to eliminate any discharge to waters of the State. a During construction, temporery 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. I Resolution Number &), ::J;.I7. Responsible Party for Date Timing Implementation Completed Comments Prior to issuance of a grading or building permit Prior to commencement of construction activities Prior to commencement of construction activities Director of Public Works and Building Official Director of Public Works Director of Public Works Resolution Number ~~17 Responsible Party for Date Mitigation Measura (MM) Timing Implemantatlon Completed Commente NOISE N-1 Prior to commencement of construction Prior to Director of activities, notice shall be provided to commencement Development surrounding rasidents Immediately of construction Services adjacent to Hellman Ranch, Including activities Gum Grove Nature Park, regarding anticipated construction activity dates and times when substantial noise and vibration ara anticipated to occur, Prior to distribution, the notice shall be reviewed and approved by the Director of Development Services. TRANSPORTATIONfTRAFFIC T-1 Prior to approval of construction Prior to Dlractor of documents, a construction access and approval of Public Works staging plan shall be submitted for raview construction and approval by the Director of Public documents Works to ensure adequate separation from adjacent residential uses will be provided during construction activities. . . . . I I .. ,', ., ," ;l