HomeMy WebLinkAboutCC Res 5413 2005-12-12
. '-. RESOLUTION NUMBER 5413
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A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
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SEAL BEA~H, C~LIFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION 05-4 IN CONJUNCTION WITH
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THE CONSTRUCTI0N OF FOUR NEW BUILDINGS WITH A
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TOTAL OF 85,009 SQUARE FEET AT 2301-2499 SEAL BEACH
BOUL~tt~.~FAL BEACH (PACIFIC GATEWAY PLAZA)
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WHEREAS, The City's environmental consultant has prepared "Initial Study and
Negative Declaration 05-4, Pacific Gateway Plaza." The proposed project will include
construction of four new buildings in the Boeing Space & Communications Group
Specific Plan Area 4.
WHEREAS, The City's environmental consultant has prepared and circulated an Initial
Environmental Assessment and proposed Mitigated Negative Declaration as required by
the California Environmental Quality Act (CEQA). The comment period on Negative
Declaration 05-4 ended on October 11, 2005. As of October 11, 2005, the City has
received two sets of comments on the Mitigated Negative Declaration.
WHEREAS, The City has prepared a "Response to Comments" document that
addresses all issues raised during the public comment period have been evaluated and
determining no significant impacts have been raised.
WHEREAS, A duly noticed public hearing was held by the Planning Commission on
November 9, 2005 to consider Mitigated Negative Declaration 05-4, Specific Plan
Amendment 05-1, Site Plan Review 05-1, and Conditional Use Permit 05-12 for the hotel
in conjunction with the proposed development at 2301-2499 Seal Beach Boulevard.
WHEREAS, The Planning Commission received into evidence the Staff Report of
November 9, 2005, along with all attachments thereto, considered all public testimony
presented, and recommends adoption of Mitigated Negative Declaration 05-4 through the
adoption of Resolution 05-56.
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WHEREAS, A duly noticed public hearing was held by the City Council on December
12, 2005 to consider Mitigated Negative Declaration 05-4 and Specific Plan Amendment
05-1 in conjunction with the proposed development at 2301-2499 Seal Beach Boulevard.
WHEREAS, The City Council received into evidence the Staff Report of December 12,
2005, along with all attachments thereto, and considered all public testimony presented.
WHEREAS, The City Council made the following findings regarding Negative Declaration
05-4 and determined the proposed project is consistent with the General Plan:
1. The project is consistent with the provisions of the Land Use Element of the
City's General Plan, which provides a General Commercial zoning designation for
the subject property and permits commercial development. The uses are also
consistent with the remaining elements of the City's General Plan, as the policies
of those elements are consistent with, and reflected in, the Land Use Element.
Accordingly, the proposed uses are consistent with the General Plan.
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2. The project as proposed will be consistent with the Boeing Specific Plan, as
amended.
3. The building and property at 2301-2499 Seal Beach Boulevard are adequate in
size, shape, topography and location to meet the needs of the proposed use of the
property. The property is approximately 4.47 acres in area, and provides an
adequate number of parking spaces.
Resolution Number 5413
4. The building and property at 2301-2499 Seal Beach Boulevard, as conditioned,
meets all criteria for commercial set forth in the Code and the Boeing Specific
Plan, as amended.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal
Beach, California, Based upon the foregoing, the City Council hereby approves Mitigated
Negative Declaration No. 05-4, subject to the following conditions:
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1. AES 1 The Project applicant shall locate construction equipment staging areas, to
the greatest extent feasible, away from existing residential (Leisure Wodd) uses
and utilize appropriate screening (i.e., temporary fencing with opaque material) to
shield views of construction equipment and material. Staging locations shall be
identified on the Project final development plans and grading plans. Compliance
with this measure is subject to periodic field inspection.
2. AES2 The Project design shall include arrangement of on-site security lighting so
that direct rays would not shine on or produce glare for adjacent street traffic and
residential uses north of the Project site. Development plans shall specifY light
fixtures that comply with the standard of the Illuminating Engineering Society
(IES) for full cutoff capability.
3. AQl Under SCAQMD Rule 201, the applicant shall apply for a Permit To
Construct prior to construction, which provides an orderly procedure for the
review of new and modified sources ofair pollution.
4. AQ2 The Project shall comply with SCAQMD Rule 401, which limits visible
emissions from stationary sources. This rule prohibits visible emissions as dark or
darker than Ringlemann No. 1 for periods greater than three minutes in any hour.
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5. AQ3 The Project shall comply with SCAQMD Rule 402, which prohibits the
discharge from a facility of air pollutants that cause injury, detriment, nuisance, or
annoyance to the public or that damage business or property.
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6. AQ4 During clearing, grading, earth-moving, or excavation operations, excessive
fugitive dust emissions shall 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 adj acent to the proj ect reach will be swept as needed to remove silt 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 will 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 will 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.
Resolution Number 5413
7. AQ5 Ozone precursor emissions from construction equipment vehicles shall be
controlled by maintaining equipment engines in good condition and proper tune
per manufacturer's specifications, to the satisfaction of the City Engineer.
Compliance with this measure will be subject to periodic inspections of
construction equipment vehicles by the City.
8. AQ6 The Project shall comply with SCAQMD Rule 1113, which limits the ROC
content of architectural coatings 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.
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9. AQ7 Alternative clean fuel (such as compressed natural-gas-powered construction
equipment with oxidation catalysts) must be used instead of diesel-powered
engines; or, if diesel equipment has to be used, particulate filters, oxidation
catalysts and low-sulfur diesel (diesel with a sulfur content of less than 15 ppm)
shall be used.
10. AQ8 All vehicles shall be prohibited from engine idling in excess often minutes,
both on-site and off-site.
11. AQ9 All equipment must use aqueous diesel fuel on-site in all diesel construction
equipment.
12. AQI0 The Project shall comply with SCAQMD Rule 1403, Asbestos Emissions
From Demolition/Renovation Activities, which specifies work practice
requirements to limit asbestos emissions from building demolition and renovation
activities, including the removal and associated disturbance of asbestos-containing
material (ACM). The requirements for demolition and renovation activities
include asbestos surveying; notification; ACM removal procedures and time
schedules; ACM handling and cleanup procedures; and storage, disposal, and
landfilling requirements for asbestos-containing waste material (ACWM). All
operators are required to maintain records, including waste shipment records, and
are required to use appropriate warning labels, signs, and markings.
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13. AQll Project grading plans shall show the duration of construction. Ozone
precursor emissions from construction equipment vehicles shall be controlled by
maintaining equipment engines in good condition and in proper tune per
manufacturer's specifications, to the satisfaction of the City Engineer. Compliance
with this measure will be subject to periodic inspections of construction
equipment vehicles by the City.
14. AQ12 All trucks that are to haul excavated or graded material on-site shall comply
with State Vehicle Code Section 23114, with special attention to Sections
23114(b)(F), (e)(2) and (e)(4) as amended, regarding the prevention of such
material spilling onto public streets and roads.
15. AQ13 During overall site grading and public infrastructure construction phases,
construction equipment and supply staging areas shall be located at least 400 feet
from the nearest residence. During structurelbuilding construction, equipment and
supply staging areas shall be located at least 400 feet or as practical from the
nearest residence.
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16. CULl A "Test Phase," as described in the Archaeological and Historical Element
of the City General Plan shall be performed by the City selected archaeologist,
and if potentially significant cultural resources are discovered, a "Research Design
Document" must be prepared by the City selected archaeologist in accordance
with the provisions of the Archaeological and Historical Element of the General
Plan. The results of the test phase investigation must be presented to the
Archaeological Advisory Committee for review and recommendation to the City
Resolution Number 5413
Council for review and approval prior to earth removal or disturbance activities in
the impacted area of the proposed Project.
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17. CUL2 Project-related earth removal or disturbances activity is not authorized until
such time as the "Research Design" investigations and evaluations are completed
and accepted by the City Council, a Coastal Development Permit is issued by the
California Coastal Commission and until a written "Authorization to Initiate Earth
Removal-Disturbance Activity" is issued by the City of Seal Beach Director of
Development Services to applicant for the impacted area of the proposed Project.
18. CUL3 During all ''test phase" investigation activities occurring on site, the City
selected archaeologist and the Native American monitor shall be present to
conduct and observe, respectively, such "test phase" investigation activities.
19. CUL4 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 that extend
below five feet of pre-grading surface elevation. 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 and/or 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 Heritage Commission and data/artifact
recovery, if deemed appropriate, shall be conducted.
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20. CUL5 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, an Orange County Certified Paleontologist shall prepare
and complete a standard Paleontologic Resource Mitigation Program.
21. CUL6 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 the Department of Development Services shall contact the Coroner pursuant to
Section 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:
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22. CUL7 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 Development Services Department.
The Mitigation Plan shall include the following procedures:
Continued Native American Monitoring
· 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 Mill. 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
Resolution Number 5413
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 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 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 fmd 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 shaH continue.
. 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
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 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 (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 !!.rader. examining the
1!I'0und 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.
. 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
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Resolution Number 5413
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burial number and the direction oftrue no~h 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.
. If another agreed upon burial removal program is utilized, that method shall be
carried out in a manner agreed upon after consultation with the Mill.
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 ofthe fill for the burial pit, and therefore would provide a
maximum age for the burial.
. 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 Mill, 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.
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 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 ofthe bones may not 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.
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
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Resolution Number 5413
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.
ComDarative 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).
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 culturespecific 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.
. The final technical report shall be prepared and submitted to the City and CCC
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 phase of the cultural resources program. Funding shall be
provided by the landowner.
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23. GEOl 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 seisrnic
design parameters.
24. GE02 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.
25. GE03 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 Sladden Report's exhibits and tables. Structural design criteria
shall be determined in the consideration of building types, occupancy category,
seismic importance factors and possibly other factors.
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26. GE04 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.
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Resolution Number 5413
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27. GE05 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 are identified in site-
specific reports prepared by the project 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.
28. GE06 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.
29. GE07 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.
30. GE08 All grading procedures, including soil excavation and compaction, the
placement of backfill, and temporary excavation shall comply with City of Seal
Beach Standards.
31. GE09 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.
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32. GEOl 0 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.
33. GEOll Precise grading plans shall include an Erosion, Siltation and Dust Control
Plan. The Plan's provisions may include sedimentation basins, 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.
34. HAZl Future businesses shall ensure that the transport of any hazardous waste
that is generated on-site be disposed of at an appropriate disposal facility by a
licensed hauler, in accordance with the appropriate State and Federal laws.
35. HAZ2 The applicant shall submit Project plans for review by and approval of the
Orange County Fire Authority, in accordance with appropriate State and Federal
laws, to ensure that hazardous materials are adequately contained and an
emergency plan prepared for the Fire Authority in case of a hazardous spill.
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36. HAZ3 If the removal ofthe pipeline is proposed as part of the Project, the pipeline
shall be sampled as part of an asbestos survey prior to demolition work.
37. HAZ4 Any demolition of the existing pipeline shall comply with State law, which
requires a contractor, where there is asbestos-related work involving 100 square
feet or more of ACMs, to be certified and that certain procedures regarding the
removal of asbestos shall be followed. Additionally, workers shall be notified of
the presence of ACMs as required by California State Law, and an Asbestos
Management program shall be implemented to prevent further damage of the
ACMs.
Resolution Number 5413
38. HYDl Prior to issuance of any grading permit, a General Construction Activity
Storm Water Permit shall be obtained from the Regional Water Quality Control
Board. Such permits are required for specific (or a series of related) construction
activities which exceed one acres in size and include 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 requirement 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 of reduce pollutant discharge (pursuant to
definitions and direction).
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39. HYD2 Prior to the issuance of the first 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
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.
40. HYD3 The project is required to meet Storm Water Management regulations. The
applicant shall file for a NPDES permit with the Regional Water Quality Control
Board and abide by the conditions of the permit as issued. A copy pfthe Notice of
Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and 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 BMPs in compliance with NPDES Program requirements. Specific
measures shall include:
. The project shall provide appropriate sediment traps in open channels and
energy dissipaters in stormwater conduits and storm drain outlets.
. Surplus or waste materials from construction shall not be placed in drainage
ways or within the 100-year floodplain surface waters.
. All 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.
. During construction, temporary gravel or sandbag dikes shall be used as
necessary to prevent discharge of earthen materials from the site during periods
of precipitation or runoff.
. Stabilizing agents such as straw, wood chips, and/or a hydroseeding shall be
used during the interim period after grading in order to strengthen exposed soil
while ground cover takes hold.
. Revegetated areas shall be continually maintained to ensure adequate growth
and root development.
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41. Nl 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.
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42. N2 Prior to Grading Permit issuance, the Grading Plan shall be reviewed and
approved by the Planning Department to ensure compliance with the following:
. All construction equipment, fixed or mobile, shall be equipped with properly
operating and maintained muffiers, to the satisfaction of the Building Official;
. During construction, stationary construction equipment shall be placed such
Resolution Number 5413
that emitted noise is directed away from sensitive noise receivers, to the
satisfaction of the Building Official; and
. During 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 during construction activities.
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43. N3 Prior to the issuance of a Building Permit, subsequent noise assessments shall
be prepared, to the satisfaction of the Director of Development Services, which
demonstrates the site placement of stationary noise sources would not exceed
criteria established in the City of Seal Beach Noise Ordinance. The analysis shall
verifY that loading dock facilities, rooftop equipment, trash compactors and other
stationary noise sources are adequately shielded and/or located at an adequate
distance from residential areas in order to comply with the City's noise standards.
44. N4 Directional speakers shall be shielded and/or oriented away from off-site
residences to the satisfaction of the Director of Development Services.
45. N5 Prior to the issuance of a grading permit for any of Lots 17, 18, 19, or 20 of
Tract No. 16375 Subdivider shall install double pane windows in the Leisure
World units facing Westminster Avenue in Buildings 1 (A-F), 2 (A,B,K,L), 3
(A,B,K,L), 4 (A-F) and 11 (A-F) of Mutual 2, with the unit owner's prior written
agreement to or rejection of such installation to be obtained within 45-days of
receipt by certified mail, return receipt requested, of a request for agreement or
rejection of said replacement program. Failure of any owner/occupant of an
identified residential unit to respond in writing within said 45-day time period
shall release the project proponent from any further responsibility relative to this
condition.
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46. N6 A licensed acoustical engineer shall prepare an acoustical report indicating
sound attenuation measures for the hotel to achieve an interior noise level of 50
dBA. The Project applicant shall reimburse City costs of an independent third-
party review conducted by a licensed acoustical engineer of the City's choosing.
47. PSI The developer is subject to school assessment fees pursuant to California
State law (Senate Bill 50). The developer shall provide evidence of compliance to
the City of Seal Beach prior to issuance of building permits.
48. TRAl Prior to the issuance of building permits, the Project applicant shall comply
with the City of Seal Beach Transportation Impact Fee Program (RTIF).
49. UTILI In order to ensure adequate service to the Project site, plans for the
proposed wastewater collection system shall be approved by the Orange County
Sanitation District and the City Engineer of the City of Seal Beach prior to the
recordation of the final tract map.
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50. UTIL2 In order to ensure adequate service to the proposed subdivision and the
individual building structures, plans for the proposed public water and wastewater
systems shall be approved by the City Engineer of the City of Seal Beach prior to
the recordation of the final tract map. A condition on the tentative map shall state
that all public infrastructure improyement plans, including sewer, water, streets,
traffic signals" and grading shall be approved by the City Engineer prior to the
recordation of the tract map. This is in conformance with the subdivision map act
and approval authority of the City Engineer.
51. UTlL3 In order to ensure proper usage of water, the development shall be required
to implement the Best Management Practices (BMPs) and conservation practices
identified in the City's adopted UWMP 2002, Water Supply Assessment and the
California Urban Water Conservation Council.
Resolution Number 5413
52. UTIlA Prior to the issuance of building permits, the applicant shall submit for
approval of the City Public Works Department a Water Quality Management Plan
(WQMP) specifically identifying Best Management Practices (BMPs) that shall
be used on-site to control predictable pollutant runoff.
53. UTIL5 Prior to the issuance of building permits, the applicant shall obtain
coverage under NPDES Statewide Industrial Stormwater Permit for General
Construction Activities from the State Water Resources Control Board. Evidence
that this coverage has been obtained shall be submitted to the City Public Works
Department.
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54. UTIL6 The construction contractor shall reduce construction-generated waste that
is disposed of at landfills according to State law by at least 50 percent. The
contractor shall prepare a construction waste management plan explaining the
practices that would be used to achieve this level of reduction.
55. UTIL7 Prior to the issuance of building permits for the proposed structures,
detailed construction plans shall be submitted to the Director of Development
Services for approval, delineating the number, location, and general design of
solid waste enclosures and storage areas for recycled material.
56. UTIL8 The Project applicant/individual project applications shall adhere to all
source reduction programs for the disposal of demolition and construction
materials and solid waste, as required by the City of Seal Beach. Prior to the
issuance of building permits, a source reduction program shall be prepared and
submitted to the Director of Development Services for each structure constructed
on the subject properties to achieve a minimum 60 percent reduction in waste
disposal rates, including green waste.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach,
at a meeting thereof held on the 12th day of December ,2005, by the following vote:
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AYES: ~ V1b:l-
I r-
NOES: Council Member
ABSENT: Council Member
ABSTAIN: Council Member
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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~T' J
-h~liA t l~J
in a Devine, City Clerk
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certifY that the foregoing
resolution is the original copy of Resolution Number 5413 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 12th day of December, 2005.
~H~ (~!
City C erk