HomeMy WebLinkAboutEQCB Min 2007-04-11
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of Apri/11, 2007
Chairperson Voce called the adjourned Environmental Quality Control Board (EQCB)
meeting of on Wednesday, April 11, 2007, to order at 6:33 p.m. The meeting was held
in City Council Chambers and began with the Salute to the Flag.
Roll Call
Present: Chairperson Voce, Members Barton, and Hurley
Also
4
Present: Department of Development Services
Lee Whittenberg, Director
Jerry Olivera, Senior Planner
Absent: Members Neal and Vineyard
Mr. Whittenberg noted that Member Vineyard had reported at the previous meeting that
he would not be in attendance at tonight's meeting, and he requested a motion to
excuse Member Vineyard. He then stated that he had not heard from Member Neal.
Without objection Chairperson Voce so ordered to excuse Member Vineyard.
II Approval of Agenda
MOTION by Hurley; SECOND by Barton to approve the Agenda as presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Voce, Barton, and Hurley
None
Neal and Vineyard
III Oral Communications
None.
1 These Minutes were transcribed from an audiotape of the meeting.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of Apri/11, 2007
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IV Consent Calendar
1. Receive and File Presentations Re: "Shore Power (Cold-Ironing) Regulation"
and "Ocean-Going Ships Main Engine Workshop."
MOTION by Hurley; SECOND by Barton to approve the Consent Calendar as
presented.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Voce, Barton, and Hurley
None
Neal and Vineyard
V Scheduled Matters
2. APPROVAL OF MINUTES - March 28,2007.
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Chairperson Voce noted that he would abstain from voting on this item as he was not
present for the meeting of March 28, 2007.
Member Hurley indicated corrections to Page 1, Line 12, and Page 3, Line 21, which
were noted by Mr. Whittenberg.
MOTION by Hurley; SECOND by Barton to approve the Meeting Minutes of March 28,
2007 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
2-0-2-1
Barton and Hurley
None -
Neal and Vineyard
Voce
3. Receipt of "Draft Program Environmental Impact Report for the Orange County
Sanitation District Collection System Improvement Plan" and Approval of
Comment Letter.
Recommendation: Instruct Chairman to sign the draft comment letter,
with any revisions determined appropriate. Authorize staff to forward to
Planning Commission and City Council for information purposes. Receive
and File Staff Report.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of Apri/11, 2007
Staff Report
Mr. Whittenberg stated that the EQCB had previously reviewed this matter in 2006
when the Notice of Preparation was circulated. He noted that at that time it had
included the project system improvements and the provisions for annexation for a
number of areas within Orange County into the Orange County Sanitation District
(OCSD). He indicated that all of the annexations have been dropped from the project
and are no longer being considered. He noted that the comment letter states that the
City of Seal Beach has no major concerns, but requests that due to security issues, that
the OCSD coordinate with the Naval Weapons Station (NWS) for a project that would
take place on Bolsa Chica along the rear of the naval base.
Member Hurley referred to the last line of the last paragraph on Page A 1-2 and noted
that the date should reflect April 11, 2007.
MOTION by Hurley; SECOND by Barton to instruct Chairman to sign the comment letter
as revised. Authorize staff to forward to Planning Commission and City Council for
information purposes. Receive and File Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Voce, Barton, and Hurley
None
Neal and Vineyard
4. Receipt of "Draft Groundwater Monitoring Report, Installation Restoration
Program (IRP) Site 14, Naval Weapons Station Seal Beach" and Approval of
Comment Letter.
Recommendation: Authorize the Chairperson to sign the draft comment
letter, with any additional comments determined appropriate. Authorize staff
to forward to City Council for information purposes. Receive and File Staff
Report.
Staff Report
Mr. Whittenberg stated that the basic conclusion of this report is that there is no further
groundwater monitoring necessary at this site, as all of the chemicals of ecological and
human concern have been naturally mitigated and monitored down to non-significant
levels and require no additional clearances. The comment letter agrees with this
conclusion, subject to concurrence by the final reviewing state and county agencies.
Member Hurley referred to Page A 1-3, paragraph 2, Line 3 and noted that the date
should reflect April 11, 2007.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of April 11 , 2007
MOTION by Hurley; SECOND by Barton to instruct Chairman to sign the comment letter
as revised. Authorize staff to forv'Vard to Planning Commission and City Council for
information purposes. Receive and File Staff Report.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
3-0-2
Voce, Barton, and Hurley
None
Neal and Vineyard
5. Public Meeting to Review Document and Provide Board Comments and
Receive Public Comments - Initial Study/Mitigated Negative Declaration 07-1,
Seal Beach Townhomes.
Recommendation: Receive presentation from Staff regarding the
proposed project and the environmental review process. Receive comments
from the public and provide any Board comments regarding proposed Initial
Study/Mitigated Negative Declaration 07-1 (MND 07-1). Receive and File
Staff Report.
Staff Report
Mr. Whittenberg stated that this document has been circulated for public review with the
comment period ending on April 20, 2007. He indicated that the proposed project will
entail demolishing the current building at 1011 Seal Beach Boulevard (SBB), formerly
occupied by Accurate Metals, and redevelop the property with an 87 -unit townhome
development. He stated that in order for this project to be completed there are a
number of discretionary approvals required by the Planning Commission (PC) and City
Council (CC). He explained that a General Plan Amendment (GPA) changing the
General Plan from an industrial classification to residential high density (RHD) is
necessary, as well as a Zone Change (ZC) changing the zoning to be consistent with
the GPA, and Cl subdivision map to allow the sale of the individual townhomes would
also be required. He noted that the RHD zoning would allow for a maximum density of
20 units per acre, and the project is in compliance. He indicated that after the comment
period is complete, Staff will prepare written responses to any comments received, and
based upon these comments supplemental analyses may be required, after which,
public hearings will be scheduled before the PC and CC. He stated that the hearings
would be properly noticed in the newspaper and mailed to surrounding property owners
within 300 feet of the subject location. Mr. Whittenberg described the surrounding
property uses as follows:
South
East
North
West
Seal Beach Police Department
Naval Weapons Station
Boeing Integrated Defense Systems Facility
Pacific Gateway Business Park
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of Apri/11, 2007
1 He noted that IS/MND 07-1 evaluates all of the areas of concern pursuant to the
2 California Environmental Quality Act (CEQA), and indicated that there are
3 approximately 47 different mitigation measures proposed to deal with the identified
4 areas of potential impacts. He stated that the analysis completed by the City's
5 environmental consultant states that there are no impacts that cannot be mitigated to a
6 less than significant level. He then reminded the public and EQCB members that the
7 action before the board tonight is to review and provide comments on IS/MND 07-1, and
8 that project considerations and approval issues are separate and will be addressed by
9 the PC and CC. He indicated that representatives from the City's consultant, RBF, are
10 present tonight to respond to comments. Member Hurley asked when the written
11 responses to comments would be made available. Mr. Whittenberg stated that this
12 must be provided a minimum of 10 calendar days prior to a scheduled public hearing.
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14 Chairperson Voce opened for public comments.
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16 Jim Poper, Director of Facilities for the Los Alamitos Unified School District, referred to
17 Exhibit 5 on Page 3-7 and inquired about the width of the streets for the development.
18 Mr. Whittenberg stated that the main entry street (Drive A) coming into the development
19 off of Adolfo Lopez Drive measures 36 feet wide with curbside parking on both sides,
20 and the interior driveway areas for access to the units measure a minimum of 20 feet
21 wide. Mr. Poper then inquired regarding public school transportation with regard to a
22 bus stop and the issue of maneuvering space for a bus within the townhome
23 development. He indicated that he would provide written comments to Staff.
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25 There being no other members of the public wishing to speak, Chairperson Voce
26 opened for commends from the Board.
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28 Member Hurley referred to Exhibit 5 on Page 3-7 and stated that the information and the
29 legends are illegible and the indicators are difficult to locate on the Conceptual Site
30 Plan. He also noted that the scale is difficult to find. He recommended that this exhibit
31 be replaced with a larger, fold-out one that would be easier to read.
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33 Member Hurley then continued in noting the following:
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35 0 Page 5.5-3, paragraph 2, Line 7 - compare the text "should a significant number of
36 unknown human remains be encountered. . .," to Section CUL6 on the same page.
37 Further explanation is required as to why one Native American burial would not be
38 considered significant.
39
40 0 Page 5.11-3, Section 7.15.015(c) and Table 5.11-3 - this reads as effectively
41 removing any limits under 20 minutes and thereby removing any control for anything
42 under 20 minutes.
43
44 0 Page 5.11-7, under City Council Policy 600-11 - How does the City plan to enforce
45 City Council Policy 600-11. The most effective way would be with mechanical noise-
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of Apri/11, 2007
1 sensitive timing devices monitored by Staff. Responding to complaints would be
2 less effective because it depends on subjective judgments.
3
4 Member Barton asked if property owners within 300 feet have been notified of the
5 proposed project. Mr. Whittenberg stated that at this stage property owners have not
6 yet been notified, but will be noticed when the public hearings before the PC and CC
7 have been scheduled. Member Barton noted that there are very few residences within
8 300 feet and stated that she had visited the property and there is only a small sign
9 providing notice of the proposed development. Mr. Whittenberg indicated that a quarter
10 page ad has been published in the newspaper. Member Barton asked why Accurate
11 Metals had vacated the property. Mr. Whittenberg stated that Staff has no idea why
12 they are vacating, and he is not certain whether the purchase transaction is complete:
13 Member Barton stated that she is very concerned with building homes in this area with
14 the police station, the public works yard, and the animal shelter in the same area, noting
15 that this would certainly lead to complaints from the new residents. She then stated she
16 is also concerned with the Zone Change and asked why there are Zoning Codes if the
17 General Plan is going to be changed? Mr. Whittenberg stated that this is a separate
18 issue, but Staff will respond in the Response to Comments. She inquired about any
19 new traffic lights at this location. Mr. Whittenberg stated there is already a signal at this
20 intersection. She confirmed that the height for each section of townhomes would be 35
21 feet. Mr. Whittenberg confirmed that this is the maximum height allowed under the
22 requested Zoning designation. Member Barton stated that this is too high. Mr.
23 Whittenberg reminded Member Barton that these comments are the type to be
24 presented at the PC and CC hearings. Member Barton then added that she agrees with
25 Member Hurley's comments regarding the Exhibit 5 Conceptual Site Plan.
26
27 Member Hurley stated that there may be people living on the Naval Weapons Station
28 (NWS) that may be closer than 300 feet to the proposed project. He asked if they would
29 be considered residents under the law. Mr. Whittenberg stated that he does not believe
30 base housing is within 300 feet of the proposed project, but if so, residents will receive a
31 notice addressed to "Occupant" for each of those address.
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33 Chairperson Voce stated that most of the surrounding uses within 300 feet are for
34 businesses and the police station, so Heron Pointe would be the closest area of
35 residents to the proposed new development. Mr. Whittenberg stated that Heron Pointe
36 would be the closest, but would probably be outside the 300-foot noticing area.
37 Member Voce noted that base housing is definitely beyond the 300-foot radius. He
38 agreed that the map of the Conceptual Site Plan should be enlarged with color coding
39 added for easier reading. He then referred to the circulation pattern and noted that
40 there is no right turn lane for entering the project before arriving at the intersection. He
41 stated that a long right turn only lane should be added so that vehicles slowing down on
42 SBB to turn right would be able to move away from the traveling lane and not slow down
43 traffic. He recommended that this be included as a mitigation measure for traffic
44 circulation, and added that this should have been done for the Heron Pointe project.
45 Chairperson Voce then commented on the report stating that trees are to be removed
46 from SBB and noted that no alternative mitigation was presented to accomplish the
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Meeting Minutes of Apri/11, 2007
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project without removal of these trees. He stated that for the right turn lane, the cut-in
could be made deep enough to still preserve the trees while accommodating the right
turn lane. He indicated that if these types of comments are noted in this document, it
would give readers an idea of the types of mitigation measures that would help avoid
problems that may otherwise be endemic.
Mr. Whittenberg reiterated that any comments received, including those received
tonight, will be responded to in writing, and the report will be provided to the EQCB and
any responding parties within 10 days of the public hearings.
VI Staff Concerns
Mr. Whittenberg introduced the new Senior Planner, Jerry Olivera, and noted that with
time Mr. Olivera would transition to attending the EQCB meetings as the Board
Secretary.
VII Board Concerns
Member Barton asked when the Planning Commission would be reviewing MND 07-1.
Mr. Whittenberg stated that the date would depend upon the number of comments
received and when Staff is able to complete the written response to comments. He
estimated that it would probably be at the end of Mayor June.
VIII Adjournment
There being no objections, Chairperson Voce adjourned the meeting at 7:15 p.m. to the
next scheduled meeting in May 2007. Mr. Whittenberg noted for the record that the
regular meeting of April 25, 2007, has been cancelled.
Respectfully Submitted,
~It> \. t.."~ J--.. ~~
Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on May 30, 2007, approved the Minutes of the Environmental Quality Control
Board of Wednesday, April 11, 2007. ex.-.
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