HomeMy WebLinkAboutCC AG PKT 2005-12-12 #Y
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AGENDA REPORT
DATE:
December 12, 2005
TO: Honorable Mayor and City Council
TIlRU: John B. Bahorski, City Manager
Lee Whittenberg, Director of Development Services
FROM: Christy 'Teague, Senior Planner
SUBJECT: 2301-2499 Seal Beach Boulevard
Panattoni Development and The Boeing Company
Mitigated Negative Declaration 05-4
Specific Plan Amendment 05-1
SUMMARY OF REQUEST:
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Adoption of Mitigated Negative Declaration 05-4 and Specific Plan Amendment 05-1 to
the Boeing Space & Communications Group Specific Plan in conjunction with
development offour new buildings with a total of 85,009 square feet.
BACKGROUND:
The Planning Commission approved this project at its November 9, 2005 meeting,
including Mitigated Neglrtive Declaration 05-4, Specific Plan Amendment OS-I, Site Plan
Review 05-1 and Conditional Use pennit 05-12 for the hotel. Adoption of Mitigated
Negative Declaration 05-4 and Specific Plan Amendment 05-1 require approval of the
City Council.
OVERALL DEVELOPMENT PLAN
The proposed project is on a 4.47 acre parcel ofland known as Boeing Specific Plan Area
4, the only portion of the greater Boeing Space and Co=unications Group Specific Plan
designated for commercial development. The remainder of the Specific Plan is designated
for an industrial business park. The Boeing 107-acre Specific Plan and Project
Environmental Impact Report 02-1 were approved by the Planning Co=ission and City
Council in 2002.
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The project proposes a 65,484 sq. ft., 1I0-room hotel building; a 10,725 sq. ft. retail and
in-line food building; a 3,400 sq. ft. fast food use building; and a 5,400 sq. ft. retail
building. The hotel is proposed to be 4 stories, up to 54 feet, 7 inches to its highest point
of the central architectural feature. The fast food an4 retail buildings will range in height
from 21 to 28 feet to the highest points of architectural features. The buildings have been
AGENDA ITEM Y
City Council Staff Report
2301-2499 Seal Beach Blvd. PanattonilBoeing
December 12, 2005
designed with numerous articulations and con1rasting finishes and paints, and each with _
architectural features on all sides. This attention to architectural detail meets the intent of ..,
the Boeing Specific Plan for coordinated design, a clear image, and sense of quality.
The layout of the site has been designed for ease of circulation, with an existing 40-feet
wide access point from Westminster Avenue and an existing 40-feet wide access point.
and Ii. new 3D-feet wide access point from Seal Beach Boulevard. A minimum 24-feet
wide driveway is required to access all parking areas and to provide complete
accessibility to the structure for emergency response purposes.
Parking is distributed throughout the site to serve all of the buildings and uses. The total
parking provided for the four buildings and related uses is 229 spaces; 228 are required.
The Specific Plan requires a minimum of 10% of the site to be landscaped, as shown on
preliminary landscape plan attached. A complete set of plans is available upon request.
The proposed fast food building will require Planning Commission approval of a separate
conditional use pemiit for its ultimate operator and is expected to include approval of the
drive-through, any proposed outdoor dining and hours of operation.
MITIGATED NEGATIVE DECLARATION 05-4
Overview of Environmental Issues Pertinent to Pronosed Proiect:
Mitigated Negative Declaration 05-4 evaluates the uses and buildings of the proposed _
development. The Mitigated Negative Declaration identities several environmental _
concerns and proposes mitigation measures to reduce the identified environmental
impacts to a level of insignificance. As set forth in the Mitigated Negative Declaration,
the following areas of environmental concern relate to this proposed facility:
a Aesthetics
a Air Quality
a Cultural Resources
a Geology/Soils
o Hazards and Hazardous Materials
a Hydrology and Water Quality
a Noise
o Public Services
a Transportation and Traffic
a Utilities and Service Systems
During the public comment period on the Mitigated Negative Declaration, two sets of
comments were received. Staff has prepared a "Response to Comments" document that
addresses each comment raised, indicating that all environmental impacts are reduced to
a level of less than significant. During the public comment period the following issues
were raised, as set forth in the "Response to Comments" document:
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City Council Staff Report
2301-2499 Seal Beach Blvd. PanattonilBoeing
December 12,2005
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Landscaping
Noise
The Planning Commission, at its November 9, 2005 meeting, adopted the Mitigation
Monitoring Program to reduce the identified environmental impacts to a level of
insignificance in relation to this development application through Planning Coinmission
Resolution OS-56, provided as an attachment to the Planning Commission staff report.
These mitigation measures are set forth as Conditions I through 56 of the proposed City
Council Resolution attached.
After imposition of these mitigation measures, the Mitigated Negative Declaration did
not identify any significant unavoidable impact of the project in relation to the
development.
SPECIFIC PLAN AMENDMENT 05-1
The proposed changes to the Boeing Space & Communications Group Specific Plan,
Specific Plan Amendment OS-I, includes changes in the height limit, setbacks, hotel
room count, and square footages listed in tables.
Height Limit
The specific plan allows a hotel up to 120 rooms in Planning Area 4, with a maximum
height of 40 feet. The proposed 4-story hotel has 110 rooms. The majority of the
proposed hotel structure is 46 feet, 5 inches high with architectural proj ections at the
center of the structure and on each side at SO feet high, and one open architectural feature
at 54 feet, 7 inches high. The highest architectural feature is 4 feet, 7 inches above the
roof at the center location, and is approximately 24 feet in width. Since it is located in
the center of the approximately 395 feet long building, and is only approximately 6% of
the building width, Staff believes the architectural projection to be appropriate to the
scale of the building. It should be noted that the hotel will be lower than the existing
Building 80 at the adjacent Boeing site. The proposed amendment to the Boeing Specific
Plan is to change the height limit from 40 feet to 55 feet to accommodate the proposed 4-
story Hampton Inn & Suites building. This change is reflected in Table 5-2, shown
below.
The hotel is the only building proposed to exceed the 40 feet height limit requiring the
Specific Plan Amendment. The remaining three buildings are well under the 40 feet
height limit, at 21 feet to 25 feet high; one portion of the fast food building includes a
proposed architectural projection to 28 feet high.
Setbacks
The Specific Plan requires a minimum setback of 35 feet to buildings from the property
line along Westminster Avenue and Seal,Beach Boulevard. Specific Plan Amendment
05-1 revises the setback at Westminster from 35 feet to 30 feet for a small portion of the
building corner at the northeastern comer of the hotel building and revises the setback
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city Council Staff Report
2301-2499 Seal Beach Blvd. PanattonilBoeing
December 12, 2005
from Seal Beach Boulevard from 35 feet to 20 feet for the 90 feet of frontage of the _
Building 3 shops building. .
Chanl!:es in Sauare Footal!:es and Hotel Room Count
The proposed sizes of the hotel and commercial buildings have changed from originally
envisioned in the Boeing Specific Plan. This Specific Plan Amendment includes changes
within the tables and text sections to reflect the proposed development. The total square
footage proposed in Planning Area 4 is within the maximum 87,500 indicated in Table 1-
3 and Table 2-1. Table 1-3 anticipated the hotel to be up to 55,000 square feet and
commercial buildings to be up to 32,500 square feet. This amendment includes
modifications to Table 1-3 to-change the hotel room count from 120 to 110, to change the
hotel square footage of 55,000 to 66,000, to change the commercial square footage from
32,500 square feet to 20,000, and to change the Specific Plan Total Maximum Gross
Floor Area from 2,210,500 square feet to 2,209,000 square feet.
The proposed changes are described below, with proposed changes indicated in bold,
with double strikeout text:
Section 1-7 PROJECT OVERVIEW
Planninl!: Area 4: Hotel/Commercial Area
Planning Area 4 PA-4 is approximately 5 acres and consists primarily of a
(unused) parking lot at the eastern end of the property, between Westminster
Avenue and Seal Beach Boulevard. This area will be developed with hotel and/or _
commercial uses, allowing for up to m 110 hotel rooms and :U,i09 20,000 .
square feet of new commercial building floor area. Business park uses are also
permitted in PA-4, if market or other factors determine that hotel/commercial uses
are not feasible for this site.
Table 1-3, showing the changes with double strikeout, is modified as follows according
to the proposed Specific Plan Amendm~t 05-1 :
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City Council Staff Report
2301-2499 Seal Beach Blvd. Panattoni/Boeing
December 12,2005
.
Existing Light
Industrial
41
1.150,000
'2
Planned
Business Park
345,000
16
3 Planned 45 628,000
. Business Park
~
4 Planned Hotel 5 ~ 66,000
Commercial 110
~
20,000
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Existing core BSC facilities.
Allows for up to 345,000 square
feet of additional building area
within PA.!
Some or all of the existing
buildings may be maintained
and/or fe-used. New business park
buildings planned for P A-2 would
require relocation and/or
demolition of existing buildings
and facilities.
Vacant land planned for business
park buildings, roads,
infrastructure, etc. Portions of the
drainage ditches will be used for
water uaIi treatment u oses.
Planned hotel and commercial land
uses, including retail, restaurant,
and similar commercial uses.
Business park uses are also
permitted.
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Section 2-6 LAND USE PLAN
Proposed Hotel/Commercial Area
PA-4 is approximately 5 acres consisting primarily of (unused) parking lot 7 at
the eastern end of the property, between Westminster Avenue and Seal Beach
Boulevard. This area is planned for hotel and/or commercial uses, allowing for up
to ~ 110 hotel rooms and .n,~QQ 20,000 square feet of commercial, including
retail, restaurant and/or other similar commercial uses. Business park uses are also
permitted in this Planning Area.
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City Council Staff Report
2301-2499 Seal Beach Blvd. PanattonilBoeing
December 12,2005
Table 2-1, showing the changes with double strikeout, is modified as follows according
to the proposed Specific Plan Amendment 05-1:
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Existing core campus of Boeing Space
41 1,150,000 & Communications. Mix of uses
including manufacturing, office,
Max.: FAR.: 0.75 research and development, light
Business Park industrial, warehouse and distribution,
and support services. Existing building
area represents 805,000 square feet
Additional building area of up to
345,000 s uare feet is ermitted.
Existing buildings and facilities may be
Business Park 16 345,000 reused or maintained for current BSe
2 operations. New development of this
Max.: FAR.: 0.60 P A would reqUlre relocation of existing
facilities and demolition of existing
buildings. Business park uses include
manufacturing, light industrial, .
research and development, warehouse
and distribution, and su ort services.
This P A consists of a parking area and
3 Business Park 45 628,000 vacant lad and is designated for the
majority of the new business park.
Max.: FAR.: 0.60 New roads and infrastructure are also
proposed. Uses include manufacturing,
light industrial, research and
development, warehouse and
distribution, and support services.
Portions of the drainage ditches will be
utilized for water quality treatment
u oses.
Planned hotel and commercial land
4 Hotel! 5 ~ ~ uses, including retail, restaurant, and
Commercial! 86,000 110 similar commercial uses. Business
Business Park park uses are also permitted.
Max.: FAR.: 0.65
(1) Square footage may vary and may transfer between Planning Areas if intensity of use is
consistent with the "Trip General Budgef' for the BSC Specific Plan and allowed within the
Planning Areas. (2) F.A.R. indicated is maximum for each Planning Area. (3) See Table 5-
1, page 5-5 for pennitted uses, and Table 5-2, page 5-6 for development standards.
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City Council Staff Report
2301-2499 Seal Beach Blvd Panattoni/Boeing
December 12,2005
Table 5-2, showing the changes with double strikeout, is modified as follows according e
to the proposed Specific Plan Amendment 05-1:
Maximum Lot Size s . ft.
Minimum Lot De thlWidth
Maximum Building Height,
Main Building
(10 acres or larger site)
Maximum Building Height
less than 10 acre site 40'* 40'* 40'* ~ 55'
Maximum Intensi F.A.R. 0.75 0.600 0.60 0.65
Maximum Lot Covera e 70% 70% 70% 60%
Minimum Setback
Front 25' 25' 25 15' e
Interior Side 10' 10' 10' 15'
Exterior Side 15' 15' 15' 15'
Rear 10' 10' 10' 15'
Adjacent to Westminster
Avenue 35' 35' 35' ~ 30'
Seal Beach Boulevard ~ 20'
Minimum Landscape 10% 10% 10% 10%
Minimum Perimeter Landsca e
Front 15' 15' 15' 10'
Interior Side- S' 5' 5' 5'
Exterior Side
street side 10' 10' 10' 10'
Interior Rear 5' 5' 5' 5'
'NOTE: Architectural projections and screening of mechanical equipment are permitted. These features
shall not exceed seven (7) additional feet.
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City Council Staff Report
2301-2499 Seal Beach Blvd. PllIlattOniJBoeing
December 12,2005
FISCAL IMPACT:
The expected Transient Occupancy Tax (hotel bed tax), based on conservative estimates
of $130 average room rate and of Orange County average 65% occupancy and the current
City of Seal Beach Transient Occupancy Tax rate of 9%, is an annual revenue of
$305,000 (110 rooms X $130 rate X .65 occupancy X 365 nights X .09 bed tax '"
$305,340.75).
It should be noted that if the March 28, 2006 Ballot Measure A-06 is approved to amend
Municipal Code Section 4.35.010 to change the Transient Occupancy Tax (hotel bed tax)
rate from 9% to 12%, the expected annual revenue is $407,000 (110 rooms X $130 rate X
.65 occupancy X 365 nights X .12 bed tax = $407,121). If the increase in hotel bed tax is
approved by voters, the anticipated revenUe for this hotel will be increased by over
$100,000 annually ($407,121.00 - $305,340.73 = $101,780.25).
Sales tax revenues will depend on the final restaurant and retail uses, which have not
been determined at this time. This property does not generate sales tax currently as a
parking lot for Boeing.
The demand for emergency servtces is antiCipated to'be low for the proposed buildings
and uses, requiring minimum costs of providing services to the four new buildings.
RECOMMENDATION:
The Planning Commission and Staifrecommend, after receiving all testimony, written
and oral, that the City Council adopt Mitigated Negative Declaration 05-4 through the
adoption of proposed Resolution No. ., with conditions; and adopt Specific Plan
Amendment 05-1 through the adoption of proposed Resolution No. , with
conditions.
c~~rPlanner
NOTED AND APPROVED:
t Services
ATTACHMENTS (5):
Proposed Resolution No. Adopting Mitigated Negative'Declaration 05-4
Proposed Resolution No. Adopting Specific Plan Amendment 05-1
Planning Commission Staff Report Dated November 9, 2005
Excerpt of Draft Planning Commission Minutes of November 9, 2005
Site and Landscape Plan
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City Council Staff Report
2301-2499 Seal Beach Blvd. PanattonilBoeing
December 12, 2005
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ATTACHMENT 1
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF SEAL BEACH,
CALIFORNIA, ADOPTING MITIGATED
NEGATIVE DECLARATION 05-4 IN
CONJUNCTION WITH THE
CONSTRUCTION OF FOUR NEW
BUILDINGS WITH A TOTAL OF 85,009
SQUARE FEET AT 2301-2499 SEAL BEACH
BOULEVARD, SEAL BEACH (PACIFIC
GATEWAY PLAZA)
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCn.. OF THE
CITY OF SEAL BEACH, CALIFORNIA, ADOPTING
MITIGATED NEGATIVE DECLARATION 05-4 IN
CONJUNCTION WITH THE CONSTRUCTION OF
FOUR NEW BUILDINGS WITH A TOTAL OF 85,009
SQUARE FEET AT 2301-2499 SEAL BEACH
BOULEVARD, SEAL BEACH (pACIFIC GATEWAY
PLAZA)
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.
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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 OS-I, 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.
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.
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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 Genera1 Plan.
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.
4. The building and property at 2301-2499 Seal Beach Boulevard, as conditioned, meets e
all criteria for commercial set forth in the Code and the Boeing Specific Plan, as
amended.
NOW, TIlEREFORE, 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:
1. AESl The Project applicant shall locate construction equipment staging areas, to the
greatest extent feasible, away from existing residential (Leisure World) uses and
utilize appropriate screening (i.e., temporary fencing with opaque material) to shield
views of constniction 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 (lES)
for full cutoff capability.
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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 of air 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.
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 sha11 be controlled by regular watering or other dust-
preventive measures using the following procedures, as specified in the SCAQMD
Rule 403:
· On-site vehicle speed shall be limited to 15 miles per hour.
· All material excavated or graded shall be sufficiently watered to prevent
excessive amounts of dust. Watering shall occur at least twice daily with
complete coverage, preferably in the late morning and after work is done for the
day.
. Streets adjacent to the project reach 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
sha11 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 sha11 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 shal1 be
prevented to the maximum. extent feasible.
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7. AQ5 Ozone precursor emissions from construction equipment vehicles shall be
controlled by maintaining equipment engines in good condition and Jl1'Qper tune per
manufacturer's specifications, to the satisfaction of the City Engineer. Compliance
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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.
9. AQ7 Alternative clean fuel (such as compressed na.tura1-gas-powered construction
equipment with oxidation catalysts) must be used instead of diesel-powered engines;
or, if diesel equipment bas 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 exc~ss often minutes, both
on-site and off-site.
11. AQ9 All equipment must use aqueous diesel fuel on-site in all die'sel construction
equipment. -
12. AQlO The Project shall comply with SCAQMD Rule 1403, Asbestos Emissions From
Demolition/Renovation Activities, which specifies work practice requirements to limit e
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.
13. AQl1 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 constructionpbases, _
construction equipment and supply staging areas shall be located at least 400 feet .,
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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.
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 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 ~hall 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 datalartifact 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 sha1l 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 detennine the human remains to be Native American,
the Native American Heritage Commission shall be contacted pursuant to Public
Resources Code Section 5097.98.
22. CUL 7 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 MLD. Activities to be monitored shall include all
construction grading, controlled grading, and hand excavation of previously
undisturbed deposit, with the exception of contexts that are clearly within the ancient
marine terrace that comprises most of this area known as Landing Hill.
· Exposure and removal of each burial shall be monitored 'by a Native American.
Where burials are clustered and immediately adjacent, one monitor is sufficient for
excavation of two adjoining burials.
· Excavation of test units shall be monitored. Simultaneous excavation of two test
units ifless 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
(Le., all areas not completely within the marine terrace deposits) shall be monitored
by a Native American.
Notification Procedures for New Discoveries
· When possible burials are identified during monitoring of mechanical excavation,
or excavation of test units, the excavation shall be temporarily halted while the find is
assessed in consultation with the lead field archaeologist. If the find is made during
mechanical excavation, the archaeologist or Native American monitoring the activity
shall have the authority to direct the equipment operator to stop while the find is
assessed. If it is determined that the find does not constitute a burial, the mechanical
excavation shall continue.
· If the find is determined to be a human burial, the lead archaeologist shall
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immediately notify the Site Supervisor for the developer, as well as the Principal
Investigator. The Principal Investigator shall immediately notify the MID 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 I 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 marine terrace) and shall be excavated until the marine terrace
deposits are encountered, or to the excavation depth required for the approved grading
plan. The soil from the ETUs along the radial transects shall be screened only if
human remains are- found in that unit.
· Controlled grading shall be conducted within these 50-foot heightened
investigation areas with a wheeled motor grader. The motor grader shall use an angled
blade that excavates 1 to 2 inches at a pass, pushing the soil to the side to form a low
windrow.
Monitors shall follow about 20 feet behind the motor grader, examining the ground
for evidence of burials.
· When a burial is identified during controlled grading, the soil in windrows that may
contain fragments of bone from that burial shall be screened. At a minimum this shall
include the soil in the windrow within 50 feet of the burial in the direction of the
grading.
· If additional burials are found during controlled grading, additional ETUs will be
hand excavated in the radial patterns described above.
Burial Removal and Storage
· Consultation with the MLD sha11 occur regarding the treatment of discovered
human burials. If the MLD qetermines it is appropriate to have discovered human
remains pedestaled for removal, that activity shall be conducted in a method agreed to
by the MID.
· 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 l?urial. Sections ofrebar 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
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be pushed onto a thick plywood board and lifted onto a pallet. A forklift shall carry
the pallet to a secure storage area or secure storage containers located on the subject
property.
. If another agreed upon burial removal program is utilized, that method shall be
carried out in a manner agreed upon after consultation with the MLD.
Study of Burial Remains
. If the burials are removed in pedestal and are incompletely exposed, osteological
studies are necessarily limited to determination (if possible) of age, sex, position,
orientation, and 1rauma or pathology. After consultation, and only upon written
agreement by tlie 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.
. 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 MID, 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 e
of these additional studies prior to reburial would occur.
Repatriation of Burials and Associated Artifacts
. Once all portions of the project area have been graded to the underlying culturally
sterile marine terrace deposits, or to the excavation depth required for the approved
grading plan, the repatriation process shall be initiated for all recovered human
remains and associated artifacts. Once a reburial site has been identified and prepared,
the IP.TTIa;n~ 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 MID.
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 of the bones may not possible due to the destructive nature of .
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the radiocarbon technique, the MID may approve the removal of a single shell from
the interior of each burial for dating. Although this shall not provide a direct date of
the burial, assuming the shell was part of the burial fill it should provide a maximum
age (that is, the burial should not be older than the shell). In addition, an equivalent
number of additional samples from non-burial contexts would also be taken for
comparative purposes. These data would provide a more secure measure of the
intensity of occupation during different periods.
Sediment Cores. Dating results obtained to date on the Hellman Ranch/John
Laing Homes properties may suggest a possible link between the use of the sites
within the project area and the productivity of the adjacent lagoon and estuary
systems. To assess this link using independent environmental data on the
subject property, two sediment cores will be taken from suitable locations of the
property. Sediments in the cores shall be examined and described in the field by
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.
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 con1ribute to an understanding of
regional pattems. 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 seismic 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.
26. GE04 Conformance with the latest Uniform Building Code and City Ordinances can
be expected to satisfactorily mitigate the effect of seismic ground shaking. e
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.
27. GEOS 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
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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.
32. GEO I 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.
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33. GE011 Precise grading plans shall include an Erosion, Siltation and Dust Control
Plan. The Plan's provisio~ 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.
36. HAZ3 If the removal of the 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.
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38. HYD I 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 eHm;nAte 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 e
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 sandb~g 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. .
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· Revegetated areas shall be continually maintained to ensure adequate growth and
root development.
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.
42. N2 Prior to Grading Pennit 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 mufilers, to the satisfaction of the Building Official;
· During construction, stationary construction equipment shall be placed such 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 Pennit, 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
estab1ished in the City of Seal Beach Noise Ordinance. The analysis shall verify that
loading dock facilities, rooftop equipment, trash compacto!S 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 ofa 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. PS I 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.
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48. TRAI 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.
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 fina1tract map. A condition on the tentative map shall state that all
public infrastructure improvement plans, including sewer, water, s1reets, traffic
signals, and grading shall be approved by the City Engineer prior to the recordation of e
the tract map. This is in conformance with the subdivision map act and approval
authority of the City Engineer.
51. UTIL3 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.
52. UTIIA 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 pennits, the applicant shall obtain coverage
under NPDES Statewide Indus1rial 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.
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. .
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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_ day of 2005, by the following vote:
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AYES:
Councilmember
NOES:
Councilmember
ABSENT:
COUncilmember
Mayor
ATTEST:
Linda Devine, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number 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 day of .2005.
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City Clerk
City Council Staff Report
2301-2499 Seal Beach Blvd PanattoniIBoeing
December 12, 2005
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ATTACHMENT 2
RESOLUTION NUMBER
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A RESOLUTION OF THE CITY COUNCn.. OF THE
CITY OF SEAL BEACH, CALIFORNIA, ADOPTING
SPECIFIC PLAN AMENDMENT 05-1 TO AMEND THE
HEIGHT LIMIT TO 55 FEET FOR THE HOTEL, TO
AMEND THE SETBACKS FROM 35 FEET TO 30 FEET
ALONG WESTMINSTER AVENUE AND FROM 35
FEET TO 20 FEET ALONG SEAL BEACH BOULEVARD
AND TO REVISE SECTIONS 1.7 AND 2.6, LAND USE
SUMMARY TABLE 1-3, SPECIFIC PLAN LAND USES
TABLE 2-1, AND DEVELOPMENT STANDARDS
TABLE 5-2 FOR PLANNlNG AREA 4 OF THE BOEING
SPACE & COMMUNICATIONS GROUP SPECIFIC
PLAN
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RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH, CALIFORNIA, ADOPTING
SPECIFIC PLAN AMENDMENT 05-1 TO AMEND THE
HEIGHT LIMIT TO 55 FEET FOR THE HOTEL, TO
AMEND THE SETBACKS FROM 35 FEET TO 30 FEET
ALONG WESTMINSTER AVENUE AND FROM 35
FEET TO 20 FEET ALONG SEAL BEACH
BOULEVARD AND TO REVISE SECTIONS 1.7 AND 2.6,
LAND USE SUMMARY TABLE 1-3, SPECIFIC PLAN
LAND USES TABLE 2-1, AND DEVELOPMENT
STAND~S TABLE 5-2 FOR PLANNING AREA 4 OF
THE BOEING SPACE & COMMUNICATIONS GROUP
SPECIFIC PLAN
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WHEREAS, A development application by Panattoni Development and The
Boeing Company was deemed complete on July 14,2005. The proposed project will include
construction of four new buildings in the Boeing Space & Communications Group Specific
Plan Area 4.
WHEREAS, The application includes a request to amend the Specific Plan
Table 5-2 to change the height to 55 feet for the proposed hotel, to change the setback from
35 feet to 30 feet along Westminster Avenue, to change the setback from 35 feet to 20 feet
along Seal Beach Boulevard, to revise the Land Use Summary Table 1-3 and Section 1.7 to
change the .number of hotel rooms from 120 to 110, to change the maximum gross floor area
for the hotel from 55,000 to 66,000, and to change the maximum gross floor area for the
commercial from 32,500 to 20,000 and revise Specific Plan Land Use Table 2-1 and Section
2.6 to change the number of hotel rooms from 120 to 110 and to change the allowable 87,500
square feet to 86,000 iri Table 2-1 of the Specific Plan.
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 OS-I, and Conditional Use Permit 05-12 for the
hotel in conjunction with the proposed development at 2301-2499 Seal Beach Boulevard.
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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 recommended adoption of Specific Plan Amendment 05-1 through
the adoption of Resolution 05-57.
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WHEREAS, A duly noticed public hearing was held by the City Councii 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 Specific
Plan Amendment 05-1 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.
2. The project as proposed will be consistent with the Boeing Specific Plan, as proposed ..
to be 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.
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.
5. The changes to the Specific Plan meet the intent of the Boeing Space &
Communications Group Specific Plan and are necessary for the development of
PI~nn;l1g Area 4 within the established square footage limits of the Specific Plan.
6. The amendment is compatible with adjacent land uses.
WHEREAS, Based upon the foregoing, the City Council hereby approves Boeing
Specific Plan Amendment No. 05-1, as indicated below:
1. Table 1-3 modified to change the number of Hotel Rooms from 120 to 110.
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2. Table 1-3 modified to change the Maximum Gross Floor Area for the Hotel from
55,000 to 66,000.
3. Table 1-3 modified to change the Maximum Gross Floor Area for the Commercial
from 32,500 to 20,000. ,
4. Table 1-3 modified to change the Specific Plan Total of Maximum Gross Floor Area
from 2,210,500 to 2,209,000.
5. Section 1.7 modified from 120 hotel rooms to 110 hotel rooms and from 32,500
square feet of commercial building floor area to 20,000 square feet of commercial
building floor area.
6. Table 2-1 modified to change the Planning Area 4 Maximum Gross Floor Area from
87,500 to 86,000.
7. Table 2-1 modified to change the Total ofl20 to 110 hotel rooms.
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8. Table 2-1 modified to change the Total of Maximum Gross Floor Area from
2,210,500 to 2,209,000.
9. Section 2.6 modified from 120 hotel rooms to 110 hotel rooms and from 32,500
square feet of commercial building floor area to 20,000 square feet of commercial
building floor area.
10. Table 5-2 modified to change the Maximum Building Height in Planning Area 4 from
40 feet to 55 feet.
II. Table 5-2 modified to change the Miriimum Setback Adjacent to Westminster Avenue
from 35 feet to 30 feet.
12. Table 5-2 modified to change the Minimum Setback Adjacent to Seal Beach
Boulevard from 35 feet to 20 feet.
13. Any further amendments to the Boeing Space & Communications Group Specific
Plan require separate approvals.
NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach,
California, hereby adopts Specific Plan Amendment 05-1.
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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_ day of 2005, by the following vote:
AYES:
Councilmember
NOES:
Councilmember
ABSENT:
Councilmember
Mayor
ATIEST:
Linda Devine, City Clerk
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
I, Linda Devine, City Clerk of Seal Beach, California, do hereby certify that the foregoing
resolution is the original copy of Resolution Number on file in the office of the
City Clerk, passed, approved and adopted by tIle City Council of the City of Seal Beach, at a
regular meeting thereof held on the day of . 2005.
City Clerk
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City Council Staff Report
2301-2499 Seal Beach Blvd. PanattonilBoeing
December 12, 2005
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ATTACHMENT 3
PLANNING COMMISSION STAFF REPORT
DATED NOVEMBER 9, 2005
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11
e November 9, 2005
STAFF REPORT
To:
From:
Honorable Chainnan and PI~g Commission
Depart.ment of Deve10pment Services
Subject:
Mitigated Negative Declaration 05-4
Specific Plan Amendment 05-1
Site Plan Review 05-1
Conditional Use Permit 05-12 for Hotel
2301-2499 Seal Beach Boulevard
I GENERAL DESCRIPTION .1
Aoolicant:
PANATTONI DEVELOPMENT CO. AND THE BOEING CO.
Owner:
THE BOEING CO. c/O BOEING REALTY CORP.
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Location:
2301-2499 SEAL BEACH BOULEVARD
Classification of PropertY:
BOEING SPACE & COMMUNICATIONS GROUP SPECIFIC PLAN
AREA 4
ReQuest:
THE APPLICANT PROPOSES TO CONSTRUcr FOUR NEW
BUILDINGS FOR A TOTAL OF 85,009 SQ. Fr. SPECIFICALLY,
BUILDING 1 IS A PROPOSED 65,484 sQ. FT. HOTEL, BUILDING 2
IS A PROPOSED 10,725 SQ. FT. BUILDING OF RETAIL AND IN-
LINE FOOD USES, BUILDING 3 IS A PROPOSED 5,400 sQ. FT.
RETAIL BUILDING, AND BUILDING 4 IS A PROPOSED 3,400 sQ.
FT. RESTAURA.."iT. THE APPLICATION INCLUDES THE
FOLLOWING REQUESTS: ADOPTION OF MmGATED
NEGATIVE DECLARATION 05-4; SPECIFIC PLAN AMENDMENT
05-1 TO ALTER THE BOEING SPACE & COMMUNICATIONS
GROUP SPECIFIC PLAN, INCLUDING CHANGING THE HEIGHT
FROM 40 FEET MAXIMUM TO 55 FEET MAXIMUM FOR THE
HOTEL, CHA."IGING THE NUMBER OF HOTEL ROOMS FROM 120
TO 110, CHA."IGING THE MAXIMUM GROSS FLOOR AREA OF
THE HOTEL FROM 55,000 TO 66,000, CHANGING THE
MAXIMUM GROSS FLOOR AREA FOR THE COMMERCIAL FROM
32,500 TO 20,000, CIlAJI(GING THE MINIMUM BUILDING
SETBACK ADJACENT TO SEAL BEACH BLVD. FROM 35 FEET
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Staff Report - Panattoni
MNDOS-4, SPA. OS-I, SPR OS-I, CUP 05-12
2301.2499 Sea/Beach Blvd.
Nuvember 9, 2005
TO 20 FEET, AND CHANGING THE MINIMUM BUILDING
SETBACK ADJACENT TO WESTMINSTER AVE. FROM 35 FEET
TO 30 FEET; SITE PLAN REVIEW OS-I; AND CONDmONAL
USE PERMIT 05-12 FOR 24-HOUR OPERATIONS AND ALCOHOL
SALES IN CONJUNcrION WITH PROPOSED 1l0-ROOM HOTEL.
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Environmental Review:
MiTIGATED NEGATIVE DECLARATION 05-4 -
PACIFIC GATEWAY PLAZA
Code Sections:
28-1300; 28-1400; 28-2503; 28-1700; 28-2950; 28-2951; 28-
2952; 28-2953
Recommendation:
APPROVE MITIGATED NEGATIVE DECLARATION
05-4; APPROVE SPECIFIC PLAN AMENDMENT OS-I;,
APPROVE SITE PLAN REVIEW OS-I; APPROVE
CONDITIONAL USE PERMIT 05-12, SUBJECT TO
CONDITIONS
I FACTS I
_
. On July 14,2005, an application from Panattoni Development Company and The Boeing
Company was deemed complete for the proposed development of four buildings at
Boeing Specific Plan Area 4.
. Specifically, the applicant is seeking approval of a 65,484 sq. ft., 110-room hotel
building; a 10,725 sq. ft. retail and in-line food building; a 3,400 sq. ft. fast food use
building; and a 5,400 sq. ft. retail building.
. The Initial Study and Mitigated Negative Declaration 05-4 was released September 12,
2005 for the required 30 day public comment period. A "Response to Comments"
document has been prepared by City Staff working with the environmental consultant.
. The City of Seal Beach requires the folloWing approvals by the Planning Commission and
City Council:
Mitigated Negative Declaration 05-4
Specific Plan Amendment 05-1
Site Plan Review 05-1
Conditional Use Permit 05-12 for Hotel, 24-Hour Operations and Alcohol Sales
.-
2 .
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St'lff Report- Panatloni
MND05-4, SPA 05-1, SPR 05-1. CUP 05-12
2301-2499 Seal Beach Blvd.
November 9. 2005
.
The surrollnding land uses and zoning are as follows:
NORlH .
Across Westminster Avenue, commercial businesses and
United States Post Office in the Service Commercial (C-l)
zone and the General Commercial (C-2) zone, and the
residential neighborhood of Leisure World in the
Residential High DensitylPlanned Development (RHDIPD)
zone
Across Seal Beach Boulevard, the Seal Beach Naval
Weapons Station in the Public Land UseIRecreation
(pLU/R) zone
Commercial businesses and an automobile service station
in the General Commercial (C-2) zone, and across Seal
Beach Boulevard, the Seal Beach Naval Weapons Station
in the Public Land UselRecreation (PLU/R) zone
Boeing parking lot and facilities in the Boeing Space and
Communications Group Specific Plan (SP)
soum
EAST
WEST
· Sergeant Tim Olson, of the Seal Beach Police Department, has reviewed the plans and
has no objections to the proposal.
· As of October 31, 2005, Staff has received public comments on the Mitigated Negative
Declaration, but no comments have been received on any of the entitlement applications.
DISCUSSION I
OVERALL DEVELOPMENT PLAN
The proposed project is on a 4.47 acre parcel of land lmown as Boeing Specific Plan Area 4, the
only portion of the greater Boeing Space and Communications Group Specific Plan designated
for commercial development. The remainder of the Specific Plan is designated for an industrial
business park. The Boeing 107-acre Specific Plan and Project Environmental Impact Report 02-
1 were approved by the Planning Commission and City Council in 2002.
The project proposes a 65,484 sq. ft., 110-room hotel building; a 10,725 sq. ft. retail and in-line
food building; a 3,400 sq. ft. fast food uSe building; and a 5,400 sq. ft. retail building. The hotel
is proposed to be 4 stories, up to 54 feet, 7 inches to its highest .point at the central architectural
feature. The fast food and retail buildings will range in heigl).t from 21 to 28 feet to the highest
points of architectural features. The buildings have been designed with numerous articulations
and con1rasting finishes and paints, and each with architectural features on all sides. This
attention to architectural detail meets the intent of the Boeing Specific Plan for coordinated
design, a clear image, and sense of quality.
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Stqf! Report- Panattoni
MND05-4, SPA OS-I, SPR OS-I. CUP 05-12
2301-2499 Seal Beach Blvd
November 9. 2005
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The layout of the site has been designed for ease of circulation, with an existing 40-feet wide
access point from Westminster Avenue and an existing 40-feet wide access point and a new 30-
feet wide access point from' Seal Beach Boulevard. A minimum 24-foot wide driveway is
required to access all parking areas and to provide complete accessibility to the structure for
emergency response pmposes.
Parking is distributed throughout the site to serve all of the buildings and uses. The total parking
provided for the four buildings and related uses is 229 spaces; 228 are required. The Specific
Plan requires a minimum of 10% of the site to be landscaped, as shown on preliminAry landscape
plans Sheet L-l attached.
The proposed fast food building will require a separate conditional use permit application for its
ultimate operator and is expected to include approval of the drive-through, any proposed outdoor
dining and hours of operation.
Prior to issuance of the hotel building permit, Transportation Facilities and Programs
Development and Application Fees will be collected at a rate of$832.48 ($725.35 + $107.13) per
room. The total fee for the hotel building, based on rates approved by City Council June 13,
2005, will be $91,572.80 ($832.48 X 110). Transportation fees will be required prior to issuance
of each building permit according to the use and traffic generated for each building.
MITIGATED NEGATIVE DECLARATION 05-4
e.
Overview of Environmental Issues Pertinent to Prouosed Proiect:
The Mitigated Negative Declaration evaluates the uses and buildings of the proposed
development. The Mitigated Negative Declaration identifies several environmental concerns and
proposes mitigation measures to reduce those identified environmental impacts to a level of
insignificance. As set forth in the Mitigated Negative Declaration, the following areas of
environmental concern relate to this proposed facility:
IJ Aesthetics
IJ Air Quality
IJ Cultural Resources
IJ Geology/Soils
IJ Hazards and Hazardous Materials
IJ Hydrology and Water Quality
IJ Noise
IJ Public Services
IJ Transportation and Traffic
IJ Utilities and Service Systems
During the public co=ent period on the Mitigated Negative Declaration, two sets of co=ents _
were received. Staff has prepared a "Response to Co=ents" document that addresses each .
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Stqff Report - Pana/loni
MND05-4, SPA OS-I, SPR OS-I, CUP 05-12
2301-2499 Seal Beach Blvd
Nuvember 9. 2005
comment raised, indicating that all environmental impacts are reduced to a level of less than
significant. During the public comment period the following issues were raised., as set forth in
the "Response to Comments" document:
[J Landscaping
[J Noise
In order to approve the project, the Planning Commission needs to adopt the proposed Mitigation
Monitoring Program that has been proposed to reduce the identified environmental impacts to a
level of insignificance in relation to this development application. These mitigation measures are
set forth as Conditions 1 through 57 of proposed Planning Commission Resolution OS-56,
provided as Attachment 1.
After imposition of these mitigation measures, the Mitigated Negative Declaration did not
identify any significant unavoidable impact of the project in relation to the development.
SPECIFIC PLAN AMENDMENT 05-1
The proposed changes to the Boeing Space & Communications Group Specific Plan, Specific
Plan ~endmei1t 05-1, includes changes in the height limit, setbacks, hotel room count,' and
square footages listed in tables.
Heil!ht Limit
The specific plan allows a hotel up to 120 rooms in Planning Area 4, with a maximum height of
40 feet. The proposed 4-story hotel has 110 rooms. The majority of the proposed hotel structure
is 46 feet, 5 inches high with architectural projections at the center of the s1nlcture and on each
side at SO feet high, and one open architectural feature at 54 feet, 7 inches high. The highest
architectural feature is 4 feet, 7 inches above the roof at the center location, ljIld is approximately
24 feet in width. Since it is located in the center of the approximately 395 feet long building, and
is only approximately 6% of the building width, Staff believes the architectural projection to be
appropriate to the scale of the building. It should be noted that the hotel will be lower than the
existing Building 80 at the adjacent Boeing site. The proposed amendment to the Boeing Specific
Plan is to change the height limit from 40 feet to 55 feet to accommodate the proposed 4-story
Hampton Inn & Suites building. This change is reflected in Table 5-2, shown below.
The hotel is the only building proposed to exceed the 40 feet height limit requiring the Specific
Plan Amendment. The remaining three buildings are well under the 40 feet height limit, at 21
feet to 25 feet high; one portion of the fast food building includes a proposed architectural
projection to 28 feet high.
Setbacks
The Specific Plan requires a minimum setback of 3S feet to buildings from the property line
along Westminster Avenue and Seal Beach Boulevard. Specific Plan Amendment 05-1 revises
the setback at Westminster from 35 feet to 30 feet for a small porti,on of the building comer at the
5
StetfReport - Parumoni
MNDOS-4, SPA OS-I. SPR OS-I, CUP OS-I2
2301-2499 Seal Beach Blvd
November 9. 200S _
northeastern comer of the hotel building and revises the setback from Seal Beach Boulevard from ,.,
3S feet to 20 feet for the 90 feet of frontage of the Building 3 shops building.
Cj1.n17es in Sauare Footae:es and Hotel Room Count
The proposed sizes of the hotel and commercial buildings have changed from originally
envisioned in the Boeing Specific Plan. This Specific Plan Amendment includes changes within
the tables and text sections to reflect the proposed development. The total square footage
proposed in Planning Area 4 is within the maximum 87,500 indicated in Table 1-3 and Table 2-
, 1. Table 1-3 anticipated the hotel to be up to 55,000 square feet and commercial buildings to be
up to 32,500 square feet. This amendment includes modifications to Table 1-3 to change the
hotel room count from 120 to 110, to change the hotel square footage of 55,000 to 66,000, to
change the commercial square footage from 32,500 square feet to 20,000, and to change the
Specific Plan Total Maximum Gross Floor Area from 2,210,500 square feet to 2,209,000 square
feet.
The proposed changes are described below, with proposed changes indicated in bold, with double
strikeout text:
Section 1-7 PROJECT OVERVIEW
Planninsz Area 4: Hotel/Commercial Area
Planning Area 4 (PA-4 is approximately 5 acres and consists primarily of a (unused)
parking lot at the eastern end of the property, between Westminster Avenue and Seal _
Beach Boulevard. This area will be developed with hotel and/or commercial uses, .
allowing for up to ~ 110 hotel rooms and 32,509 20,000 square feet of new commercial
building floor area. Business park uses are also permitted in PA-4, if market or other
factors determine that hotel/commercial uses lire not feasible for this site.
Table 1-3, showing the changes with double strikeout, is modified as follows according to the
proposed Specific Plan Amendment 05-1:
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StajJReport - Panattoni
MND05-4, SPA 05.1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd.
November 9, 2005
Existing Light
Industrial
41
1,150,000
2
Planned
Business Park
16
345,000
. 3 Planned 45 628,000
Business Park
55,4lOO
4 Planned Hotel 5 ~ 66,000
Commercial liD
~
20,000
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jf't r:.~[~l~~~~.) t~ ~~,';i~;c.f,~t};'~:;,;:;H~_~,~ VW~'g' Jti,~,~~~::~tJ t~~:~:;~~ ii;,~,~ :r.~~gro:~li\;~!' ~~~ '~',~Iq,~.~,q ;'!~I,~
"'S'''P"''E' r<1F'.'i~;!,:P""'.~'T"'O"'T"'. "i1"o"" ;""~""i' ;"Vi"'i1'!", """,.. ';'~'2"2'0'9' "0"0"0. ",.,,'
" 'i.., \..:~ ,J;Jfi~J, >0 _, ,,;: _ ; acres,,' V,^;" u.xooms_~,R '!).i;, " '__.' ;,-./
Existing core BSe facilities.
Allows for up to 345,000 square
feet of additional building area
within P A-I
Some or all afthe existing
buildings may be maintained
and/or re-used. New business park
buildings planned for PA-2 would
require relocation and/or
demolition of existing buildings
and facilities.
Vacant land planned for business
park buildings. roads,
infrastructure, etc. Portions of the
drainage ditches will be used for
water uali treatment u ases.
Planned hotel and cammercialland
uses~ including retail, restaurant,
and similar commercial uses.
Business park uses are also
permitted.
Section 2-6 LAND USE PLAN
Proposed Hotel/Commercial Area
P A-4 is approximately 5 acres consisting primarily of (unused) parking lot 7 at the eastern
end of the property, between Westminster Avenue and Seal Beach Boulevard. This area is
planned for hotel and/or commercial uses, allowing for up to ~ 110 hotel rooms and
J2,~Il11 20,000 square feet of commercial, including retail, restaurant and/or other similar
commercial uses. Business park uses are also permitted in this Planning Area.
7
Staff Report - Panattoni
MND05-4, SPA 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
Table 2-1, showing the changes with double strikeout, is modified as follows according to the
proposed Specific Plan Amendment 05-1:
.
4
Hotel!
Commerciall
Business Park
5
s;,soo
86,000
~
110
Existing core campus cfBaeing Space
& Communications. Mix afuses
including manufacturing, office,
research and development, light
industrial, warehouse and distribution.
and support services. Existing building
area represents 805,000 square feet.
Additional building area of up to
345,000 s uare feet is ermitted.
Existing buildings and facilities may be
reused or maintained for current BSe
operatlOns. New development of this
P A would require relocation of existing
facilities and demolition of eXIsting
buildings. Business park uses include
manufacturing, light industrial,
research and development, warehouse
and distribution, and su ort services.
This P A consists of a parking area and
vacant lad and is designated for the
majority ofthe new business park.
New roads and infrastructure are also
proposed. Uses include
manufacturing, light industrial,
research and development, warehouse
and distribution, and support services.
Portions of the drainage ditches will be
utilized for water quality treatment
u oses.
Planned hotel and commercial land
uses, including retail, restaurant, and
similar commercial uses. Business
park uses are also permitted.
.
41
1,150,000
Max.: FAR.: 0.75
Business Park
2
Business Park
16
345,000
Max.: F.AK: 0.60
3
Business Park
45
628,000
Max.: FAR.: 0.60
Max.: FAR.: 0.65
,:~~:~ ~~!" ~:~-k';~~:~~:~TI~,:is~\~;~: '~lr ~\~~;:::" ~':~j-~ ~::
:;,';- ?-:,2 219 K,QQ:~\"',I.;"~ ~- ~.; ~'\\-'(,:f'
. ":~t~:~J 2~2,09~OOO' ~> ~.~~~: t,!: ; l~ :.~_; ]]"0 ~f,r,~
(1) Square footage may vary and may transfer between Planning Areas if intensity of use is consistent
with the "Trip General Budget" for the BSC Specific Plan and allowed within the Planning Areas.
(2) FAR. indicated is maximum for each Planning Area.
(3) See Table 5-1, page 5-5 for permitted uses, and Table 5-2, page 5-6 for development standards.
.
8
.
.
Staff Reporz- P anattoni
MND05-4, SPA 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd.
November 9, 2005
Table 5-2, showing the changes with double strikeout, is modified as follows according to the
proposed Specific Plan Amendment 05-1:
Approval of Site Plan Review is required when new buildings are proposed in a Specific Plan
Area. The purpose of site plan review is to review the new buildings to determine their
compatibility with the Specific Plan and the surrounding neighborhood. Site Plan Review 05-1 is
for the four new buildings proposed at Boeing Planning Area 4. This Site Plan Review includes
the fast food building, though a later conditional use permit will be required for the particular
application of the fmal occupant to approve operation of the specifically proposed restaurant. The
fast foqd operator has not yet been determined.
9
Staff Report - Panattoni
MND05-4, SPA. 05-1. SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
Novembor 9, 2005
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Planning Area 4 has been designated for hotel and support commercial land uses, including
retail, restaurant and other commercial uses. The proposed building uses axe within the
anticipated developm,ent of Planning Area 4 in the Boeing Specific Plan.
The particular building development, parking, and landscaping have been designed according to
the Boeing Specific Plan, with the exceptions addressed in Specific Plan Amendment OS-I.
The amendments to the specific plan include the height limit for the hotel building, which
requires mod,ification from 40 feet to 55 feet to accommodate the 4 story hotel, and the building
setbacks along Westminster Avenue and Seal Beach Boulevard, which requires modification
from 35 feet to 30 feet and 20 feet respectively.
The proposed hotel has prominent architectural features on each of the four sides, as well as the
roof lines. Added articulation through building finishes and contrasting paint ensure a quality
building appearance which will integrate well with the remainder of the Boeing Planning Area 4
buildings and the greater Boeing Pacific Gateway industrial park.
Public Works conditions regarding right hand turn pocket improvements, sewer requirements,
and adherence to the ordimince regarding fats, oil and grease for restaurants have been included
in the approval for Site Plan Review 05-1.
Analysis of the proposed Site Plan Review of the buildings on Planning Area 4 indicates, as e
proposed, conformance with the Boeing Space & Communications Specific Plan and
compatibility to the site and the neighborhood.
CONDITIONAL USE PERMIT 05-12 FOR HOTEL
Hotel UseI24-Hour Ouerations
The proposal is to construct a llO-room, 4 story hotel between Westminster Blvd. and Seal
Beach Blvd., basically with the two ends of the building facing each of the major streets. The
proposed hotel user is Hampton Inn & Suites, a Hilton Company. Hampton Inn &. Suites
. currently has ten California locations, with its own national reservations center. The proposed
hotel is similar to an existing, newer Hampton Inn & Suites constructed in Agoura Hills, which
has room rates of$l29-$159 on weeknights and $159 on weekends. The proposed facility is a
quality hotel fucility and will be an asset to the community.
The hotel does not propose an on-site restaurant, though it does offer complimentary breakfast
and has a breakfast area, pantry and preparation area at the lobby level for that purpose. The
hotel is proposing m;n;mAl meeting rooms of approximately 400 square feet, located near the
lobby area. Most of the proposed hotel area is used for the 110 rooms, which range in size from
378 square feet to 556 square feet. A pool and outdoor patio area is proposed at the southwest
comer of the hotel building. No outdoor dining is proposed in conjunction with the hotel.
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Staff Report - Panattoni
MND05-4, SPA OS-I, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
The nature of hotel operations requires 24-hour operations, whieh requires approval of a
conditional use pemrlt. A conditional use permit is also required for any alcohol service or sales.
Alcohol Sales
The hotel does not propose an on-site restaurant, nor does it have any regular daily events where
alcohol is served. However, the applicant seeks approval of incidental alcohol in conjunction
with occasional events with limited alcohol served, such as wedding toasts, and the ability to sell
a limited selection of pre-packaged beer and wine in the lobby gift shop or guest room
refrigerators. The Hampton Inn & Suites does not propose an afternoon happy hour. The type of
license required by the California State Department of Alcohol Beverage Control is a Type 70,
On Sale General - Restrictive Service. The description of this type of license, according to the
State of California document "Common ABC License Types and Their Basic Privileges" states:
License Type 70 - On Sale General- Restrictive Service
Authorizes the sale or furnishing of beer, wine and distilled spirits for consumption on
the premises to the establishment's overnight transient occupancy guests or their invitees.
This license is normally issued to "suite-type" hotels and motels, which exercise the
license privileges for guests' "complimentary" happy hour. Mirors are allowed on the
premises.
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The proposed approval to serve alcoholic beverages in a hospitality suite situation is governed by
the Alcoholic Beverage Control Act, Section 23396.1(a)(2), which states: .
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"23396.1 Restricted Service Lodging Establishments.
(a) An on-sale general license for restricted service lodging establishments
authorizes those hotels and motels described in subdivision (b) to sell or
furnish alcoholic beverages for consumption on the premises by means of
(1) Controlled access alcoholic beverage cabinets located in guestrooms,
subject to the conditions specified in section 23355.2.
(2) Furnishing alcoholic beverages only to their transient guests and their
invitees under circumstances where the uniform cost of the alcoholic
beverages is included in the price of the overnight transient occupancy
accommodation, whether or not separately stated For purposes of this
division, a "restricted service lodging establishment" is a hotel or
motel, within the meaning of subdivision (f) of Section 23355.2, which
meets ail of the following conditions:
(1) It does not operate a bonafide eating place or other public premise.
(2) It has at least 10 guestroom accommodations.
(3) It does not derive more than 5 percent of its total gross annual
revenues from sales of alcoholic beverages.
(c) A premises licensed pursuant to this section shall not be authorized to sell
or furnish alcoholic beverages to the general public, shall not be entitled to a
caterer's permit pUrsuant to Section 23399, and shall not be entitled to
exercise any off-sale privileges pursuant to Section 23401. The provisions of
11
Staff Report - Panattont
MND05-4, SPA 05-1, SPR 05-1. CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005 _
Article 2 (commencing with Section 23815) of Chapter 5 do not apply to the .
issuance of on-sale general licenses for restricted service lodging
establishments. An on-sale general restricted service lodging establishment
license may be transferred to another person but not to another location. A
licensee specified in this section shall purchase no alcoholic beverages for
sale in this state other thanfrom a wholesaler or winegrower licensee.
(d) An applicant for an original on-sale general license for restricted service
lodging establishments shall, at the time of filing the application for the
license, accompany the application with a fee of six thousand dollars
($6,000). The annual renewal fee for a license issued pursuant to this section
shall be the same as the applicable annual renewalfeefor an on-sale general
licens~ .
Source: State ofCalifomla Business and Professions Code, October 19,2005.
The City has previously approved similar licenses for incidental alcohol for the Ayres Hotel
(CUP 02-10) and the Radisson Inn in 1994 (CUP 94-1), and has had no complaints from
surrounding residential neighbors regarding those land use entitlements.
Over Concentration of alcoholic beverage licenses has been an issue within the city in the past,
particularly in areas with high crime reporting districts. The State's Alcoholic Beverage Control
Act, Regulation 61.3, says that if an area has both high crime and an over concentration of ABC
licenses, the ABC can automatically deny an application for a liquor license. Several years ago, _
the City's Police Chief made a request to ABC that the City be placed under Regulation 61.3. .
The purpose of this request was to give ABC a basis on which to deny a license request
However, a City may approve a CUP application in an over concentrated area if it so desires.
This census tract does not have an over concentration of alcohol uses, according to the Orange
County office of California Department of Alcoholic Beverages. Also, the subject area is not in a
high crime reporting district. The Police Department has reviewed the application and is not
concerned with the limited alcohol use in conjunction with the hotel.
I RECOMMENDATION I
After receiving all testimony, written and oral, staff recommends that the Planning Commission
approve Mitigated Negative Declaration 05-4 be through the adoption of Resolution No. 05-56,
with conditions; Specific Plan Amendment 05-1 through the adoption of Resolution No. 05-57,
with conditions; Site Plan Review 05-1 through the adoption of Resolution No. 05-58, with
conditions; and Conditional Use Permit 05-12 through the adoption of Resolution No. 05-59,
with conditions.
Staff's ,reco=endation is based on the following findings:
.
The project is consistent with the provisions of the Land Use Element of the City's
General Plan, which provides a General Co=ercial zoning designation for the subject
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Staff Report - PfDUlttoni
MND05-4, SPA. 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
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.
.
The project as proposed will be consistent with the Boeing Specific Plan, as proposed to
be amended.
.
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.
.
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.
.
Subject to the proposed conditions of approval, the proposed land use entitlement to allow
the hotel facility with sale of alcoholic beverages (Type 70 License) and 24-hour
operations will be compatible with surrounding uses and will not be detrimental to the
surrounding neighborhood. The hotel facility is sufficiently screened from adjoining uses
by landscaping and the adjoining uses are commercial uses. Required adherence to
applicable building and fire codes ensure there will be adequate water supply and utilities
for the proposed use.
. The on premise consumption of alcoholic beverages (Type 70 License), if properly
conditioned and enforced, is compatible with the character of the surrounding area.
Adherence to conditions of approval placed on the use by both the City of Seal Beach and
the Department of Alcoholic Beverage Control should mitigate any negative impacts to
neighil?ring residential and commercial properties.
Approval of Mitigated Negative Declaration 05-4 should be through the adoption of Resolution
No. 05-56, with mitigation measures as conditions in place.
Approval of Specific Plan Amendment 05-1 should be through the adoption of Resolution No.
05-57.
Approval of Site Plan Review 05-1 should be through the adoption of Resolution No. 05-58, with
the following conditions in place:
1. All development shall be in substantial conformance to plans submitted for Site Plan
Review 05-1.
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Staff Report - PfDUlttont
MND05-4, SPA. 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
2. Provide design plans and construct two right hand turn pocket improvements on Seal
Beach Blvd. according to the approved alignment shown on the Street Improvement Plans
for Tract 16375.
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3. pedicate a new sewer easement, provide design plans, abandon existing sewer easement,
abandon existing sewer lines, and construct new sewer improvements through the
property, according to the approved alignment shown on the Sewer Improvement Plans
for Tract 16375.
4. Any new building not a part of this approval requires separate consideration and approval.
Approval of Conditional Use Permit 05-12 should be through the adoption of Resolution No. 05-
59 with the following conditions in place:
1. CUP 05-12 is approved for 1l0-room hotel with 24 hour operations and on-premise
consumption of alcoholic beverages (Type 70 License) for hotel guests.
2. All development shall be in substantial conformance to plans submitted for CUP 05-12.
3. The applicant will prominently display these' conditions of approval in a location within
the business's customer area that is acceptable to the Director of Development Services.
4. The applicant shall comply with the provisions of the Mitigation Measures of Mitigated
Nl?gative Declaration 05-4:
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a The mitigation measures relevant to the requested development are set forth in
proposed Planning Commission Resolution 05-56, provided as Attachment I (57
mitigation measures).
5. No commercial deliveries may occur in association with the operation of this business
between the hours of 10:00 P.M. and 7:00 A.M.
6. All lighting sball be designed and located so as to confine direct rays to the premises. A
lighting plan shall be reviewed and approved by the Development Services Department
prior to issuance of a building permit.
7. Final landscape and irrigation plans to be approved by City prior to building permit.
8. Hotel construction sball meet all conditions of the City's Sewer Ordinance 9.25
concerning fats, oils and grease.
9. Litter and trash receptacles shall be located at convenient locations inside and outside the
establishment. Operators of such establishment shall remove trash and debris on an _
appropriate basis so as not to cause health problems. There shall be no dumping of trash .
14
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Staff Reporl- Panattoni
MND05-4, SPA. 05-1, SPR 05-1. CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
and/or glass bottles outside the establishment between the hours of 10:00 PM and 7:00
AM.
10. No video games, arcade games or similar amusements shall be permitted on the premises
unless a separate Conditional Use Permit is approved for that use.
II. A modification of this CUP shall be applied for when:
(a) The establishment proposes to modify any of its current Conditions of
Approval.
(b) There is a substantial change in the mode or character of operations of the
property.
12. Prior to the final inspection and issuance of an occupancy pennit, the applicant shall
submit one (1) set of computerized data, which is compatible with the City ARCV1EW
system or Autocad system, of the record drawings of grading, landscape and
improvement plans to, and in a manner acceptable to, the Director of Development
Services. Refer to "Specifications for Digital Submission" as maintained by the
Surveyor's Office of the County of Orange for specific requirements of individual
submittal.
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13. In the event staff detennines that security problems exist on the site, the conditions of this
permit may be amended, under the procedures of the Code of the City of Seal Beach. to
require the provision of additional security measures.
14. The establishment shall have a public telephone listing.
IS. The applicant shall comply with all restrictions placed upon the license issued by the
State of California Department of Alcoholic Beverage Control.
16. The applicant shall furnish the City a copy of his or her ABC license and a copy of any
conditions placed on the license by the Department of Alcoholic Beverage Control. This
shall be done as soon as the license is received by the applicant from the State of
California Department of Alcoholic Beverage Control.
17. All alcoholic beverages must be consumed within the building.
18. There shall be no exterior advertising of any kind or type, including advertising directed
to the exterior from within, }lI'omoting or indicating the availability of alcoholic
beverages.
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19. It shall be the responsibility of the applican.tIlicensee to provide all employees that sell or
serve alcoholic beverages with the knowledge and skills that will enable them to comply
with their responsibilities under State law.
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Staff Report - Pana#ont
MND05-4. SPA 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
NrNember 9, 2005 ..
20. The knowledge and skills deemed necessary for responsible alcoholic beverage service ..
shall include, but not be limited to, the following topics and skills development:
a. State laws relating to alcoholic beverages, particularly ABC and penal provisions
concerning sales to minors and intoxicated persons, driving under the influence,
hours oflega!. operations and penalties for violations of these laws.
b. The potential legal liabilities of owners and employees of businesses dispensing
alcoholic beverages to patrons who may subsequently injure, kill, or harm
themselves or innocent victims as a result of the excessive consumption of
alcoholic beverages.
c. Alcohol as a drug and its effects on the body and behavior, including the operation
of motor vehicles.
d. Methods for dealing with intoxicated customers and recognizing underage
customers.
e. The following organizations have been identified by the State Department of
Alcoholic Beverage Control ~ providing training programs which comply with
the above criteria:
Department of Alcoholic Beverage Control L.E.A.D. Program ..
Telephone: (714) 558-6482 ..
Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or
T.I.P.S. Program Telephone: (714) 568-4187 .
21. The establishment shall comply with Section 130, "Noise Control" of the Code of the
City of Seal Beach as the regulations of that Chapter now exist or may hereafter be
amended. Should complaints be received regarding noise generated by the establishment,
the plAnning Commission reserves the right to schedule this permit for reconsideration
and may require the applicant/business operator to mitigate the noise level to comply with
the provisions of Chapter 13D.
22. This CUP shall not become effective for any purpose unles~til a City "Acceptance of
Conditions" form has been signed by the applicant in the presence of the Director of
Development Services, or notarized and returned to the Planning Department; and until
the ten (10) calendar-day appeal period has elapsed.
23. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit if any violation of the approved conditions occurs, any violation of the Code of the
City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner
specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach.
24. This CUP shall become null and void unless exercised within one (I) year of the date of
final approval, or such extension oftime as may be granted by the plAnning Commission
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Staff Report - Panattoni
MND05-4, SPA. 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
Novemb.,. 9, 2005
pursuant to a written request for extension submitted to the Department of Development
Services a minimum of ninety (90) days prior to such expiration date.
25. The term of this permit shall be twelve (12) months, beginning the first day of operation
of the new hotel. At the end of the initial term, the applicant may apply to the City
Planning Commission for an Indefinite Extension of CUP 05-12. The Planning
Commission may grant an extension as discussed above, provided that all Conditions of
Approval have been met and no significant police or other problems have occurred. The
applicant is hereby advised that a new application and accompanying fee must be
submitted to the City prior to consideration of any extensions.
26. The applicant shall indemnify, defend and hold harmless City, its officers, agents and
employees (collectively ''the City" hereinafter) from any and all claims and losses
whatsoever occurring or re!lulting to any and all persons, finns, or corporations furnishing
or supplying work, services, materials, or supplies in connection with the performance of
the use pennitted hereby or the exercise of the rights granted herein, and any and all
claims, lawsuits or actions arising from the granting of or the exercise of the rights
pennitted by this Conditional Use Permit, and from any and all claims and losses
occurring or resulting to any person, finn, corporation or property for damage, injury or
death arising out of or connected with the performance of the use permitted hereby.
Applicant's obligation to indemnify, defend and hold harmless the City as stated herein
shall include, but not be limited to, paying all fees and costs incurred by legal counsel of
the City's choice in representing the City in connection with any such claims, losses,
lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts,
court costs or attorneys' fees in any such lawsuit or action.
FOR: November 9, 2005
Clm~~
Senior Planner
Department of Development Services
Attachments: (7)
Attachment 1: Proposed Resolution 05-56 Approving Mitigated Negative Declaration 05-4
Attachment 2: Proposed Resolution 05-57 Approving Specific Plan Amendment 05-1
Attachment 3: Proposed Resolution 05-58 Approving Site Plan Review 05-1
Attachment 4: Proposed Resolution 05-59 Approving CUP 05-12 for Hotel
Attachment 5: Mitigated Negative Declaration 05-4 Response to Comments
Attachment 6: Application
Attachment 7: Plans
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Staff Report - Panattoni
MND05-4, SPA. 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
Novemb.,. 9, 2005
ATTACHMENT 1
PROPOSED RESOLUTION 05-56
APPROVING MITIGATED NEGATIVE DECLARATION 05-4
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MND 05-4
PlanniDg Commission Resolution 05-56
November 9, 2005
Section 6. The Planning Commission made the following findings
regarding Negative Declaration 05-4 and detemrined the proposed project is consistent with e
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.
2. The project as proposed will be consistent with the Boeing Specific Plan, as
proposed to be 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 ofparldng spaces.
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.
5. Subject to the proposed conditions of approval, the proposed land use entitlement e
to allow the hotel facility with sale of alcoholic beverages (Type 70 License) and
24-hour operations will be compatible with surrounding uses and will not be
detrimental to the surrounding neighborhood. The hotel facility is sufficiently
screened from adjoining uses by landscaping and the adjoining uses are
commercial uses. Required adherence to applicable building and fire codes
ensure there will be adequate water supply and utilities for the proposed use.
6. The on premise consumption of alcoholic beverages (Type 70 License), if
properly conditioned and enforced, is compatible with the character of the
surrounding area. Adherence to conditions of approval placed on the use by both
the City of Seal Beach and the Department of Alcoholic Beverage Control should
mitigate any negative impacts to neighboring residential and commercial
properties.
Based upon the foregoing, the Planning Commission hereby approves Mitigated Negative
Declaration No. 05-4, subject to the following conditions:
I. AES I The Project applicant sba11locate construction equipment staging areas, to
the greatest extent feasible, away from existing residential (Leisure World) uses
and utilize appropriate screening (i.e., temporary fencing with opaque material) to
shield views of construction equipment and material. Staging locations shall be e
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MND 05-4
Planning Commission Resolution OS-56
November 9, 2005
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 adj acent 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 .
(illS) 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 of air pollution.
4. AQ2 The Project shall comply with SCAQMD Rule 401, which limits visible
emi~sions 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.
5. AQ3 The Project shall comply wilh 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.
. L Streets adjacent to the project 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.
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Planning Commission Resolution 05-56
November 9, 2005
· Visible dust beyond the property line emanating from the Project shall be _
prevented to the maximum extent feasible. .,
7. AQ5 Ozone precursor emissions from construction equipment vehicles shall be
controlled by mainm;n;ng 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 eInissions do not exceed the allowable
emissions if all the averaged coatings comply with the specified limits.
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 ofless than 15 ppm)
shall be used.
10. AQ8 All vehicles shall be prohibited from engine idling in excess of ten minutes,
both on-site and off-site.
11. AQ9 All equipment must use aqueous. diesel fuel on-site in.all diesel construction e
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
landfim"g 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.
13. AQll Project grading plans sball show the duration of construction. Ozone
precursor emissions from construction equipment vehicles sball 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 ba~ excavated or graded material on-site shall
comply with State Vehicle Code Section 23114, with special attention to Sections e
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MND 05-4
Planning Commission Resolution 05-56
November 9, 2005
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.
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
Desi8n, 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 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. CUIA 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
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MND 05-4
Plam1lng Commission Resolution OS-56
November 9, 2005
and the contractor shall contact the City Development Services Department. With a
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 Direct~r
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 detennine the human IP.mA;n~ to be Native
American, the Native American Heritage Commission shall be contacted pursuant
to Public Resources Code Section 5097.98.
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 MLD. Activities to be monitored shall include all
construction grading, controlled grading, and hand excavation of previously a
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 hurials are clustered and i=ediately adjacent, one monitor is sufficient
for excavation of two adjoining burials.
. Excavation of test units shall be monitored. Simultaneous excavation of two
test units if less than 20 feet apart may be monitored by a single Native American.
. If screening of soil associated with burials or test units is done concurrently
with and adjacent to the burial or test unit, the Native American responsible for
that burial or test unit 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
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. a
. If the find is determined to be a human burial, the lead archaeologist shall '.
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MND 054
Planning Commission ~olution OS-56
November 9, 2005
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 I x I 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 ifhuman remains are found in that unit.
. Controlled grading shall be conducted within these 50-foot heightened
investigation areas with a wheeled motor grader. The motor grader shall use an
angled blade that excavates 1 to 2 inches at a pass, pushing the soil to the side to
form a low windrow.
Monitors shall follow about 20 feet behind the motor grader, examining the
ground for evidence of burials.
. When a burial is identified during controlled grading, the soil in windrows that
may contain fragments of bone from that burial shall be screened. At a minimum
this shall include the soil in the windrow within 50 feet of the burial in the
direction of the grading.
. If additional burials are found during controlled grading, additional ETUs will
be hand excavated in the radial patterns described above.
Burial Removal and Storage
. Consultation with the MID 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
sball be lifted simultaneously, cracking the pedesta1loose from the ground. The
pedestal sball then be pushed onto a thick plywood board and lifted onto a pallet.
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Planning Commission Resolution 05-56
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A forklift shall carry the pallet to a secure storage area or secure storage .-
containers located on the subject property. ..
. If another agreed upon burial removal program is utilized, that method shall be
carried out in a manner agreed upon after consultation with. the MLD.
Study of Burial RP.mllin~
. 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
rt'!11'llin~ 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
buriai.
. 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. .-
Repatriation of Burials and Associated Artifacts ..
. Once all portions of the project area have been graded to the underlying
culturally sterile marine terrace deposits, or to the excavation depth required for
the approved grading plan, the repatriation process shall be initiated for all
recovered human remains and associated artifacts. Once a reburial site has been
identified and prepared, the remains and associated "artifacts shall be transported
. from the secure storage area to the site for reburial. Appropriate ceremony will be
undertaken during this process at the discretion of the MLD.
Additional Studies
. Considerable additional data relating to regional research issues may be
uncovered if substantial numbers of human burials and other archaeological
features are encountered during the construction monitoring for the development.
If this occurs, additional analysis shall be conducted. The analysis shall be
designed to more completely address the research issues discussed in the
approved "Research Design," and to provide additional mitigation of impacts to
the sites in light of the new finds. The following studies would be potentially
applicable:
Radiocarbon Dating.
. In considering the implications of the burials in interpreting site use and
regional settlement, it is 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 possible due to .-
the destructive nature of the radiocarbon technique, the MLD may approve the ..
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PIamllng Commission Resolution 05-56
November 9, 2005
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. T/1ese data would
provide a more secure measure of the intensity of occupation during different
periods. ._
Sediment Cores. Dating results obtained to date on the Hellman Ranch/John
Laing Homes properties may suggest a possible link between the use of the sites
within the project area and the productivity of the adjacent lagoon and estuary
systems. To assess this link using independent environmental data on the
,subject property, two sediment cores will be taken from suitable locations of the
property. Sediments in the cores shall be examined and described in the field by
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.
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 pattems. 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 seismic
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.
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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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 ate 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 wi1!b:eompacted 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 :till under the direction of the Soils Engineer.
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MND 05-4
Planning Commission Resolution 05-56
Novotnber 9, 2005
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 interiIn landscaping within ninety (90) days of completion of grading, unless
building pennits are obtained. Planting with interim landscaping shall comply
with NPDES Best Management Practices.
32. GEOlO 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 Precjse 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
Rcle 403, which regulates fugitive dust control.
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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 hau1~r, 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 adequate~y contained and an
emergency plan prepared for the Fire Authority in case of a hazardous spill.
36. HAZ3 If the removal of the 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 c,?mply 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." .
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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
11
M:ND 05-4
Planning Commission Resolution 05-56
November 9. 2005
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).
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 cOutlOmi"a"ts 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 (NO!), 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.
41. HYD4 Standing water and drainage problems shall be corrected as part ofth.e
proposed Project development. A detailed cross-section survey of Seal Beach
Boulevard extending about 1,000 feet north and south of the existing double box .-
culvert crossing shall be conducted. A storm drain system shall be designed and ..
12
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MND 05-4
Planning Commission Resolution 05-56
November 9, 2005
connected to the double box culvert crossing. The design shall evaluate the need
for additional crossings of Seal Beach Boulevard.
42. Nl Pursuant to the City's Noise Ordinance, the co~tion contractor shall
ensure that general construction activities (which includes construction vehicle
staging and idling engines) be conducted only between the hours of7:00 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.
43. 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 mufflers, to the satisfaction of the Building Official;
. During construction, stationary construction equipment shall be placed such
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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44. N3 Prior to the issuance of a Building Permit, subsequent noise assessments shall
be prepared, to the satisfaction ofthe 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 ancl/or located at an adequate
distance from residential areas in order to comply with the City's noise standards.
45. N4 Directional speakers shall be shielded ancl/or oriented away from off-site
residences to the satisfaction of the Director of Development Services.
46. N5 Prior to the issuance ofa 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) ofMutua12, 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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47. 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.
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MND 05-4
Planning Commission Resolution 05-56
November 9, 2005
48: PS I The developer is subject to school assessment fees pursuant to California e
State law (Senate Bill 50). The developer shall provide evidence of compliance to
the City ofSea1 Beach prior to issuance of building permits.
49. TRAl Prior to the issuance of building permits, the Project applicant shall comply
with the City of Seal Beach Transportation Impact Fee Program (RTIF).
50. 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.
51. UTIL2 In order to ensure adequate service to the proposed subdivision and the
individual builQing 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 improvement 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 approval8,uthority <if the City Engineer.
52. UTIL3 In order to ensure proper usage of water, the development shall be
required to implement the Best Management Practices (BMPs) and conservation e
practices identified in the City's adopted UWMP 2002, Water Supply Assessment
and the California Urban Water Conservation Council.
53. UTIIA 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.
54. UTlL5 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.
55. 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.
56. UTIL7 Prior to the issuance of building permits for the proposed structures,
detailed construction plans shall be submitted to the Director of Development
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MND 05-4
Planning Commission Resolution OS-56
November 9. 2005
Services for approval, delineating the number, location, and general design of
solid waste enclosures and storage areas for recycled material.
57. 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.
NOW, TIffiREFORE BE IT RESOLVED, that the Planning Commission hereby
adopts Negative Declaration 05-4.
PASSED, APPROVED AND ADOPlED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 9th day of November, 2005, by the following
vote:
AYES: Commissioners
e NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Commissioners
Gordon Shanks, Cbainnan
Planning Commission
Lee Whittenberg, Secretary
Planning Commission
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Staff Report - Panattolli
MND05-4, SPA. 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
ATTACHMENT 2
PROPOSED RESOLUTION 05-57
APPROVING SPECIFIC PLAN AMENDMENT 05-1
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Specific Plan AlllP.Tlrlm'mt 05-1
Planning Commission ResolUtIon OS-57
November 9, 2005.
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. RESOLUTION NO. 05-57
A RESOLUTION OF THE PLANNING'
COMMISSION OF THE CITY OF SEAL
BEACH ADOPTING SPECIFIC PLAN
AMENDMENT 05-1 TO AMEND THE HEIGHT
LIMIT TO 55 FEET FOR THE HOTEL, TO
AMEND THE SETBACKS FROM 35 FEET TO
30 FEET ALONG WESTMINSlER AVENUE
AND FROM 35 FEET TO ?O FEET ALONG
SEAL BEACH BOULEVARD AND TO REVISE
SECTIONS 1.7 AND 2.6, LAND USE
SUMMARY TABLE 1-3, SPECIFIC PLAN
LAND USES TABLE 2-1, AND
DEVELOPMENT STANDARDS TABLE 5-2
FOR PLANNING AREA 4 OF THE BOEING
SPACE & COMMUNICATIONS GROUP
SPECIFIC PLAN
e THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. A development application by Panattoni Development and
The Boeing Company was deemed complete on July 14, 2005. The proposed project will
include construction of four new buildings in the Boeing Space & Communications
Group Specific Plan Area 4.
Section 2. The application includes a request to amend the Specific
Plan Table 5-2 to change the height to 55 feet for the proposed hotel, to change the
setback from 35 feet to 30 feet along Westminster Avenue, to change the setback from 35
feet to 20 feet along Seal Beach Boulevard, to revise the Land Use Summary Table 1-3
and Section 1.7 to change the number of hotel rooms from 120 to 110, to change the
maximum gross floor area for the hotel from 55,000 to 66,000, and to change the
maximum gross floor area for the commercial from 32,500 to 20,000 and revise Specific
Plan Land Use Table 2-1 and Section 2.6 to change the number of hotel rooms from 120
to 110 and to change the allowable 87,500 square feet to 86,000 in Table 2-1 of the
Specific Plan.
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Section 3. 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.
1
Specl1ic Plan Amendment 05-1
Planning Commission Resolution OS-57
November 9, 2005
Section 4. The Planning Gommission received into evidence the Staff _
Report of November 9, 2005, along with all attachments thereto, including the Staff .
Report and considered all public testimony presented.
Section 5. The PIAnn;ng Commission made the following findings
regarding Specific Plan Amendment 05-1 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
Accordii1gl.y, the proposed uses are consistent with the General Plan.
2. The project as proposed will be consistent with the Boeing Specific Plan, as
proposed to be 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.
4. The building and property at 2301-2499 Seal Beach Boulevard, as conditioned,
meets all criteria for commercial set forth in the Code and t]le Boeing Specific
Plan, as amendea.
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5. The changes to the Specific Plan meet the intent of the Boeing Space &
Communications Group Specific Plan and are necessary for the development of
Planning Area 4 within the established square footage limits of the Specific Plan.
6. The amendment is compatible with adjacent land uses.
Based upon the foregoing, the Planning Commission hereby approves Boeing Specific
Plan Amendment No. 05-1, as indicated below:
1. Table 1-3 modified to change the number of Hotel Rooms from 120 to 110.
2. Table 1-3 modified to change the Maximum Gross Floor Area for the Hotel from
55,000 to 66,000. .
3. Table 1-3 modified to change the Maximum Gross Floor Area for the Commercial
from 32,500 to 20,000.
4. Table 1-3 modified to change the Specific Plan Total of Maximum Gross Floor _
Area from 2,210,500 to 2,209,000. .
2
Specific Plan Amendment 05-1
Planning Commission Resolution OS-57
November 9, 2005
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5. Section 1.7 modified from 120 hotel rooms to 110 hotel rooms and from 32,500
square feet of commercial building floor area to 20,000 square feet of commercial
building floor area.
6. Table 2-1 modified to change the Planning Area 4 Maximum Gross Floor Area
from 87,500 to 86,000.
7. Table 2-1 modified to change the Total of 120 to 110 hotel rooms.
8. Table 2-1 modified to change the Total. of Maximum Gross Floor Area from
. 2,210,500 to 2,209,000.
9. Section 2.6 modified from 120 hotel rooms to 110 hotel rooms and from 32,500
square feet of commercial building floor area to 20,000 square feet of commercial
building floor area.
10. Table 5-2 modified to change the Maximum Building Height in Planning Area 4
from 40 feet to 55 feet.
11. Table 5-2 modified to change the Minimum Setback Adjacent to Westminster
Avenue from 35 feet to 30 feet.
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12. Table 5-2 modified to change the Minimum Setback Adjacent to Seal Beach
Boulevard from 35 feet to 20 feet.
13. Any further amendments to the Boeing Space & Communications Group Specific
Plan require separate approvals.
NOW, TIffiREFORE BE IT RESOLVED, that the Planning Commission hereby
adopts Specific Plan Amendment OS-I.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 9th day of November, 2005, by the following
vote:
AYES: Commissioners
NOES: Commissioners
ABSENT: Commissioners
e ABSTAIN: Commissioners
3
Lee Whittenberg, Secretary
Planning Commission
Specific Plan Amendment 05-1
Planning Commission Resolution OS-57
November 9, 2005
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Gordon Shanks, Chairman
Planning Commission
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Staff Report - Panattoni
MND05-4, SPA. OS-I, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
ATTACHMENT 3
PROPOSED RESOLUTION 05-58
APPROVING SITE PLAN REVIEW 05-1
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Site Plan Review 05-1
PiSIming Commission Resolution 05-S&
November 9, 2005
RESOLUTION NO. OS-58
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING SITE PLAN REVIEW 05-
1 IN CONJUNCTION 'WIlli FOUR NEW
BUILDINGS IN THE BOEING SPACE &
COMMUNICATIONS GROUP SPECIFIC PLAN,
LOCATED AT 2301 - 2499 SEAL BEACH
BOULEVARD, ~EAL BEACH (pACIFIC
GATEWAY PLAZA)
mE PLANNING COMJ\1ISSION OF mE CITY OF SEAL BEACH
DOES HEREBY RESOL VB:
Section 1. A development application by Panattoni Development and
The Boeing Company was deemed complete on July 14, 2005. The proposed project
includes construction of four new buildings in the Boeing Space & Communications
Group Specific Plan Area 4.
Section 2. Specifically, the applicant is seeking approval of a 65,484
sq. ft., 11O-room hotel building; a 10,725 sq. ft. retail and in-line food building; a 3,400
sq. ft. fast food use building; and a 5,400 sq. ft. retail building. Any new building
proposed in a Specific Plan requires approval of Site Plan Review.
Section 3. 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.
Section 4. The Planning Commission received into evidence the Staff
Report of November 9, 2005, along with all attachments thereto, including the Staff
Report and considered all public testimony presented.
Section 5. The Planning Cnmm;Rsion made the following findings
regarding Site Plan Review 05-1 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
1
Site Plan Review 05-1
Planning Commission Resolution 05-58
November 9, 2005
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
proposed to be 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.
4. The building and property at 2301-2499 Seal Beach Boulevard, as conditioned,
meets all criteria for <;ommercial set forth in the Code and the Boeing Specific
Plan, as amended.
Based upon the foregoing, the Planning Commission hereby approves Site Plan Review
No. 05-1, subject to the following conditions:
1. All development shall be in substantial conformance to plans submitted for Site
Plan Review 05-1.
2. Provide design plans and construct two right hand turn pocket improvements on
Seal Beach Blvd. according to the approved alignment shown on the Street
Improvement Plans for Tract 16375.
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3. Dedicate a new sewer easement, provide design plans, abandon existing sewer
. easement, abandon existing sewer lines, and construct new sewer improvements
through the property, according to the approved alignment shown on the Sewer
Improvement Plans for Tract 16375.
4. All restaurant uses proposed in any of the four new buildings shall meet all
conditions of the City's Sewer Ordinance 9.25 concerning fats, oils and grease.
5. Any new building not a part of this approval requires separate consideration and
apptoval.
NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby
approves Site Plan Review 05-1.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 9th day of November, 2005, by the following
vote:
AYES:
Commissioners
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NOES:
Commissioners
ABSENT:
Commissioners
ABST AJN: Commissioners
Site Plan Review 05-1
Planning Commission Resolution OS-58
November 9, 2005
Lee Whittenberg, Secretary
Planning Commission
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Gordon Shanks, Chairman
Planning Commission
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Staff Report - Panattont
MND05-4, SPA OS-I, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
ATTACHMENT 4
PROPOSED RESOLUTION 05-59
APPROVING CONDITIONAL USE PERMIT 05-12
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Conditional Use Permit 05-12
Planning Commission Resolution OS-59
November 9, 2005
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RESOLUITONNO.05-59
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CONDITIONAL USE
PERMIT 05-12 FOR A HAMPTON INN &
SUITES HOTEL USE WITII 24-HOUR
OPERATIONS AND ALCOHOL SALES
LOCATED AT 2401 SEAL BEACH
BOULEVARD, SEAL BEACH (pACIFIC
GATEWAY PLAZA)
THE PLANNING COMMISSION OF TIIE CITY OF SEAL BEACH
DOES HEREBY RESOL VB:
Section 1. A development application by Panattoni Development and
The Boeing Company was deemed complete on July 14,2005. The application included a
request for Conditional Use Permit 05-12 to allow a lIO-room hotel with 24-hour
operations and alcohol sales.
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Section 2. Specifically, the applicant is seeking approval of a 65,484
sq. ft., lID-room Hampton Inn & Suites with 24-hour operations and a Type 70 License
from the California Department of Alcoholic Beverage Control at 2401 Seal Beach
Boulevard. .
Section 3. Pursuant to 14 California Code of Regulations ~15074 and
~II(B) of the City's Local CEQA Guidelines, staff has determined as follows: the
application for Conditional Use Permit 05-12 for the proposed hotel facility is within the
scope of the project analyzed in "Mitigated Negative Declaration 05-4 Pacific Gateway
Plaza"
Section 4. 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 OS-I, and Conditional Use Permit 05-
12 for the hotel in conjunction with the proposed development at 2301-2499 Seal Beach
Boulevard.
Section 5. The Planning Commission received into evidence the Staff
Report of November 9, 2005, along with all attachments thereto, including the Staff
Report and considered all public testimony presented.
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1
Conditional Use Permit 05-12
Planning Commission Resolution 05-59
November 9, 2005
Section 6. The plAnn;ng Commission made the following findings a
regarding Conditional Use Permit 05-12 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, wbich provides a General Co=ercial 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.
2. The project as proposed will be consistent with the Boeing Specific Plan, as
proposed to be 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.
4. The building and property at 2301-2499 Seal Beach Boulevard, as conditioned,
meets all criteri~ for co=ercial set forth in the Code and the Boeing Specific
Plan, as amended.
S. Subject to the proposed conditions of approval, the proposed land use entitlement e
to allow the hotel facility with sale of alcoholic beverages (Type 70 License) and
24-hour operations will be compatible with surrounding uses and will not be
de1rlmental to the surrounding neighborhood. The hotel facility is sufficiently
screened from adjoining uses by landscaping and the adjoining uses are
commercial uses. Required adherence to applicable building and fire codes
ensure there will be adequate water supply and utilities for the proposed use.
6. The on premise consumption of alcoholic beverages (Type 70 License), if
properly conditioned and enforced, is compatible with the character of the
surrounding area. Adherence to conditions of approval placed on the use by both
the City of Seal Beach and the Department of Alcoholic Beverage Control should
mitigate any negative impacts to neighboring residential and co=ercial
properties.
Based upon the foregoing, the plAnning Commission hereby approves Conditional Use
Permit 05-12, subject to the following conditions:
1. CUP 05-12 is approved for 110-room hotel with 24 hour operations and on-
premise consumption of alcoholic beverages (Type 70 License) for hotel guests.
2. All development shall be in substantial conformance to plans submitted for CUP a
05-12. -
2
Conditional Use Permit 05-12
P1anning Commission Resolution OS-59
November 9, 2005
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3. The applicant will prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services.
4. The applicant shall comply with the provisions of the Mitigation Measures of
Mitigated Negative Declaration 05-4:
a. The mitigation measures relevant to the requested development are set
forth in proposed Planning Commission Resolution 05-56, provided as
Attachment I (57 mitigation measures).
5. No commercial deliveries may occur in association with the operation of this
business between the hours of 10:00 P.M. and 7:00 A.M.
6. All lighting shall be designed and located so as to confine direct rays to the
premises. A lighting plan shall be reviewed and approved by the Development
Services Department prior to issuance of a building permit.
7. Final landscape and irrigation plans to be approved by City prior to building
permit.
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8. Hotel construction shall meet all conditions of the City's Sewer Ordinance 9.25
concerning fats, oils and grease.
9. Litter and trash receptacles shall be located at convenient locations inside and
outside the establishment. Operators of such establishment shall remove trash and
debris on an appropriate basis so as not to cause health problems. There shall be
no dwnping of trash and/or glass bottles outside the establishment between the
hours of 10:00 PM and 7:00 AM. .
10. No video games, arcade games or similar amusements shall be permitted on the
premises unless a separate Conditional Use Permit is approved for that use.
11. A modification of this CUP shall be applied for when:
(a) The establishment proposes to modify any of its current Conditions
of Approval.
(b) There is a substantial change in the mode or character of
'operations of the property.
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12. Prior to the final inspection and issuance of an occupancy permit, the applicant
shall submit one (1) set of computerized data, which is compatible with the City
ARCVIEW system or Autocad system, of the record drawings of grading,
landscape and improvement plans to, and in a manner acceptable to, the Director
of Development Services. Refer to "Specifications for Digital Submission" as
3
Conditional Use Permit 05-12
PlaDning Commission Resolution OS-59
November 9, 2005
maintained by the Surveyor's Office of the County of Orange for specific
requirements of individual submittal.
13. In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Code of
the City of Seal Beach. to require the provision of additional security measures.
14. The establishment sball have a public telephone listing.
IS. The applicant shall comply with all restrictions placed upon the license issued by
the State of Califomia Depar1ment of Alcoholic Beverage Control.
16. The applicant shall furnish the City a copy of his or her ABC license and a copy
of any conditions placed on the license by the Depar1ment of Alcoholic Beverage
Control. This shall be done as soon as the license is received by the applicant
from the State of California Depar1ment of Alcoholic Beverage Control.
17. All alcoholic beverages must be consumed within the building.
18. There shall be no exterior advertising of any kind or type, including advertising
directed to the exterior from within, promoting or indicating the availability of
alcoholic beverages.
19. It shall be the responsibility of the applicant/licensee to provide all employees that
sell or serve alcoholic bever:ages with the knowledge and skills that will enable
them to comply with their responsibilities under State law.
20. The knowledge and skills deemed necessary for responsible alcoholic beverage
service shall include, but not be limited to, the following topics and skills
development,:
a. . State laws relating to alcoholic beverages, particularly ABC and penal
provisions concerning sales to minors and intoxicated persons, driving
under the influence, hours of legal operations and penalties for violations
of these laws.
b. The potential legal liabilities of owners and employees of businesses
dispensing alcoholic beverages to patrons who may subsequently injure,
kill, or hann themselves or innocent victims as a result of the excessive
consumption of alcoholic beverages.
c. Alcohol as a drug and its effects on the body and behavior, including the
operation of motor vehicles.
d. Methods for dealing with intoxicated customers and recogni7.ing underage
customers.
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Conditional Use Permit 05-12
Planning Commission Resolution OS-59
November 9, 2005
e. The following orgllni7'J1nons have been identified by the State Department
of Alcoholic Beverage Control as providing training programs which
comply with the above criteria:
Department of Alc.oholic Beverage Control L.E.A.D. Progrant
Telephone: (714) 558-6482
Orange County A.D.E.P. T. Progrant, for referral to either the
B.A.D.D. orT.I.P.S. Program Telephone: (714) 568-4187
21. The establishment shall comply with Section 13D, "Noise Control" of the Code of
the City of Seal Beach as the regulations of that Chapter now exist or may
hereafter be antended. Should complaints be received regarding noise generated
by the establishment, the Planning Commission reserves the right to schedule this
permit for reconsideration and may require the applicantlbusiness operator to
mitigate the noise level to comply with the provisions of Chapter 13D.
22. This CUP shall not become effective for any purpose unless/until a City
"Acceptance of Conditions" form has been signed by the applicant in the presence
of the Director of Development Services, or notarized and returned to the
Planning Department; and until the ten (10) calendar-day appeal period has
elapsed.
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23. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit if any violation of the approved conditions occurs, any violation of the
Code of the City of Seal Beach, occurs, or for those reasons specified by Article
28, and in the manner specified in Article 25, of Chapter 28 of the Code of the
City of Seal Beach.
24. This CUP shall become null and void unless exercised within one (1) year of the
date of final approval, or such extension of time as may be granted by the
Planning Commission pursuant to a written request for extension submitted to the
Department of Dev~lopment Services a minimum of ninety (90) days prior to
such expiration date.
25. The term of this permit shall be twelve (12) months, beginning the first day of
operation of the new hotel. At the end of the initial term, the applicant may apply
to the City Planning Commission for an Indefinite Extension of CUP 05-12. The
Planning Commission may grant an extension as discussed above, provided that
all Conditions of Approval have been met and no significant police or other
problems have occurred. The applicant is hereby advised that a new application
and accompanying fee must be submitted to the City prior to consideration of any
extensions.
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26. The applicant shall indemnify, defend and hold harmless City, its officers, agents
and employees (collectively ''the City" hereinafter) from any and all claims and
losses whatsoever occurring or resulting to any and all persons, firms, or
corporations furnishing or supplying work, services, materials, or supplies in
connection with the performance of the use permitted hereby or the exercise of
5
Conditional Use Permit 05-12
planning Commission Resolution OS-59
November 9, 2005
the rights granted herein, and any and all claims, lawsuits or actions arising from A
the granting of or the exercise of the rights permitted by this Conditional Use .,
Permit, and from any and all claims and losses occurring or resulting to any
person, finn, corporation or property for damage, injury or death arising out of or
connected with the performance of the use permitted hereby. Applicant's
obligation to indemnify, defend and hold harmless the City as stated herein shall
include, but not be limited to, paying all fees and costs incurred by legal counsel
of the City's choice in representing the City in connection with any such claims,
losses, lawsuits or aCtions, expert witness fees, and any award of damages,
judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action.
NOW, THEREFORE BE IT RESOLVED, that the PIRnning Commission hereby
approves Conditional Use Permit No. 05-12.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 9th day of November, 2005, by the following
vote:
Gordon Shanks, Chairman
pIRnning Commission
Lee Whittenberg, Secretary
plRnning Commission
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6
Staff Report - Panattont
MND05-4, SPA 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
Novembor 9, 2005
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ATTACHMENT 5
RESPONSE TO COMMENTS DOCUMENT FOR
MITIGATED NEGATIVE DECLARATION 05-4
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Responses to Comments for
Initial Study/Mitigated Negative Declaration 05-4
Pacific Gateway Plaza
(Panattoni Development)
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Prepated by:
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Contact: Lee Whittenberg, Director of Development Services
(562) 431-2527, extensiqn 313
October 19, 2005
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Table of Contents
Section 1
Introduction...................................................... .............................1
Section 2
Comment Letters and Responses.................................................3
Bill Hurley, Environmental Quality Control Board Member
Letter of October 11, 2005............................................................4
City of Seal Beach Environmental Quality Control Board
Minutes of September 28, 2005....................................................8
* * * *
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Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
1
Section 1. In~oductiQn
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This document has been prepared to respond to public comments received on
Mitigated Negative Declaration 05-4 for the proposed Pacific Gateway Plaza
project. The Mitigated Negative Declaration was subject to a 30-day public
review period from September 12, 2005 to October 11, 2005. The California
Environmental Quality Ad (CEQA) Guidelines Section 15073(a) states that the
Lead Agency shall provide a public review period of not less than 30 days for a
proposed Mitigated Negative Declaration when review by state agencies is
required.
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Distribution of the Initial StudyJMitigated Negative Declaration and Notice of
Intent to Adopt a Mitigated Negative Declaration for review and comment
included the following agencies and organizations:
State of California Office of Planning and Research
Southern California Association of Governments
County of Orange - County Clerk
County of Orange --Public Facilities and Resource Department
City of Long Beach - Planning Department
City of Los Alamitos - Development Services
City of Gaeden Grove - Planning Department
City of Huntington Beach - Planning Department
City of Westminster- Planning Department
Los Alamitos Unified School Dis~rict .
Regional Water Quality Contr.ol Board - Santa Ana Region
South Coast Air Quality Management District
Naval Weapons Station
.Califomia Coastal Commission ~ South Goast Region'
Orange CountY Fire Authority
Caltrans District 7
. Caltrans District 12
Golden Rain Found'ation
Rossmoor Community Services District
GabrielinofTongva Tribal Council .
Mailed copies of the Notice of Intent to Adopt a Mitigated Negative Declaration
were provided to 136 property owners and businesses/residents adjacent to the
subject property on September 8, 2005. In addition, the Notice of Intent to Adopt
a MitigateQ Negative Declaration was published in the local newspaper, The Sun,
on September 8, 2005. Copies of the Mitigated Negative Declaration were also
made available for public review at the Development Services public counter and
at each library within the City.
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Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
1
The City of Seal Beach received 1 comment letter on the Mitigated Negative
Declaration from a member of the City of Seal Beach Environmental Quality _
Control Board and also received comments from the Environmental Quality _
Control Board during the public comment period. CEQA section 21091(d)(1)
requires that the City, as Lead Agency, must consider any comments on the
proposed Mitigated Negative Declaration that are received within the public
review period.
CEQA Guidelines Section 15204(b) provides that in reviewing negative
declarations, persons and public agencies should focus on the proposed finding
that the project will not nave a significant effect on the environment. If persons
and public agencies believe that the project may have a significant effect, they
should 1) identify the specific effect; 2) explain why they believe the effect would
occur, and 3) explain why they believe ~he effect would be significant.
CEQA Section 15204(c) further advises: "Reviewers should explain the basis for
their comments, and should submit data or references offering facts, reasonable
assumptions based on facts, or expert opinion supported by facts in support of
the comments. Pursuant to Section 15604, an effect shall not be considered
significant in the absenc;e of substantial evidence. Section 15204(d) also states,
"each responsible agency and trustee agency shall focus its comments on
environmental information germane to that agency's statutory responsibility."
Section 15024(e) states, "this section shall not be used to restrict the ability of
reviewers to comment on the general adequacy of a document or the lead' _ _
agency to reject comments not focused as recommended by this section. n -
Each comment Jetter received during the public review period is included in its
entirety in this document. Each letter is followed by responses corresponding to
comments submitted in the letter. Responses are provided for all comments
submitt~d. No new significant environmental impacts are raised by the submitted
comment letters.
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MitIgated NegatIve DeclaratIon 05-4
Responses to Comments
Pacific Gateway Plaza Project
2
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Section 2. Comment Letters and Responses
This section provides complete copies of all comment letters received during the
public review period and by the Environmental Quality Control Board for the
proposed Initial StudylMitigated Negative Declaration. Each letter or meeting
minutes is included in its entirety for the subject mitigated negative declaration,
followed by responses that correspond to the comments raised.
Response Aaencv/Oraanization/lndividual
Number
Letter Date
1 Bill Hurley, Environmental Quality
Control Board Member
October 11, 2005
Response Aaencv Public Comment Meeting
Number
Meetina Date
2 City of Seal Beach Environmental Quality
Control Board Meeting Minutes
Septemb':lr 28, 2005
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Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
,3
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Comment Letter 1:
Bill Hurley, Environmental Quality Control Board Member, October 11,2005
Del: J 11 :ZO'C:s
'rq.Lee WbHt~ttrq
.i'rom. Bill ll11..1"y
Subject. eOMMBN'rS OR XND-aS-4
Co.......tI 1: pS. 1 1 -Sl!:i~ht 111\00. fraJa. 1l0ttoJII. " cheq..... af
1..... than.a dllA'. . fa....' eonlid.....d 1,"" I;h.n .iqn1fic.nt~fn 1 1 '1
'rhe fqotno.te ..efe.... to Ii study dated 1973. The 1!0eillq !l.l',It.'dGed -
Osd 20Q2 quot.. a .tudY'dat~d ~99fj q.".[p.S.S-~2, ~n 1 l, ....hawn *~
Table S.S-9..This shows th'a.t., when axil-sting cNJ!L exceeds 6S dB:i\,
. . . . . .
an ~c~ea.e 'of qniy 1.0 .dBA.i. 'a~sumed to Ile ~iqnlflcant, Data ..
p..ovided elsewhe..e'in thi. MHO .liaw that the existinq CNELat
Leisure World %eSidan~eaLx~eeds 65 dBA, and that cODstruction- ~
related noise would inc1;as8 that by mora than f.O dBA~All of
your discussion of.the noise impacts op LW residents should
h~ve heen based O~ the t996 stUdy, not on a study done 32 y~ars age.
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Cammsl1t'f 2:1'. 5.11-6. 4th,paraq. la.ot'sentence.
'rhi, .tatamant .ppsa... to Ils contradicted by ;.1l1s 5.11-6. L.W.
residence, ar~ ;155, 'feet'from the. aonat-ructian site.."[p. 5.11-6].
1-2
The m'1d- po:l.i1t Ileween the sound level'lf at 100 and 20Q feet is B7.S
lillA. Acco..,Hnq to' 'rallle 5.11. 1, this leve~ :I... hiq"e.. th~ "clea:r~y un':"
acceptablel'. .
Cu......nt. U. 'p. 5."1-&'. B lines," from'1l6ttom. ......lCl...ami.re... yarCl. 1 3
face t:q. perimBter W,J.~,II TJ111 ae.vious ~DJp11cat.ion i!!la tha.t noise -
impacts du~ing cQPsiruct1on'~our~ would be ~ellseDed.'he'lItat8~ent 1,
"I"DE... All, of the apartmltAt~ .on ths' .0uth....iCle. .of B1Clq.. 1,..4, an
11'1iave thei.. livinq ..ooms facin9 th.:perimete.. w..ll.
Co~..nt f4. p.5.11-7.Lins 3.
Whue in thl. 111m diCl.liOu s.tlt.lllish- th" " 66 .1, dBA'" fiqUre? AI)'Cl why 1 .
:I.,,' a .60:t' ClBA int~' noise lavel cjoaCl'enouqh f.,. LW ...n<lo;, .~:l.t1...ns -4.
while th. Calif. B~~.. .t~nd...Cl {s. 4S dllA sndtha.City's awn
I!iXDllIOIt ll1;anaard is 5S dllA?
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Mitigated Negative Declaration 05-4
Responses to Comments
Paclnc Gateway Plaza Project
4
Comment Letter 1 (Continued):
Bill Hurley~ Environmental Quality Control Board Member, October 11, 2005
COllmumt' S. p.S,1T~7.lin.. &; 7,.& US.
Where dOBs CEQA aU"", shol;t - t,erll s1gnif1cant' nois'l< 1mpact, ? 1-5
"""""""~ * 6;
I~III cbnt1aent ~hat ths ap~ltclnt would l1ke to ~. seen hy
~W res1dents a. s:good n.11,hhor,.dolng all h. can to prot.ct n.arby
's_tor c1t1ZBns."1~ toClall' 's .technology. snd " bast prac.t1ca. ". :t
the ap'plica,nt SIl"Sl,)' ".... do !"""S t:ha.. pul!. in a :.... al;busUoal wi.n"1_6
daws, 'l'heC1tll', t<l fulll111 11:s functl'Qn of. plf:.ec1;1ng 1 tis-' cj..t1zens,
should,. th"o\14h add1.t1bnal m1ti9ajt1on .IIU'UW::es an'" sddit1onal. ...
"aud1t1ons".e, that q~ do,s so.
Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
. 5
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Response to Comment Letter 1
Bill Hurley, Environmental Quality Control Board Member, October 11,
2005
1-1 Both documents referenced include a reference to the 1973 Bolt, Beranek
and Newman report titled "Fundamentals and Abatement of Highway
Traffic Noise', The reference in the Boeing EIR is located two sentences
below the referenced 1996 document in the comment. .
The thresholds of significance discussed in these documents are related
to changes in long-term, ambient noise levels due to increases in highway
traffic noise, not construction related noise impacts.
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1-2 It is not clear what statement "appears to be contradicted by Table 5.11-
6." The information in Table 5.11-6 presents anticipated noise levels from
various types of construction equipment at various distance from the point
of noise generation. That information does account for various sound
attenuating structures that might be located between the noise generating
source and the noise receptor location, such as walls and other structures.
1-3 The commenter is correct in that many of the identified living units within
Leisure World do face the perimeter wall. The analysis within the
referenced paragraph does not change regarding the existing ambient
noise level, which was measured at 66.8 dBA.
1-4 . The 66.1 dBA is based an an anticipated reductioll of between 6 to 12
dBA by the provision of a window replacement program from the
measured noise level of 72.1 dBA within Leisure World, as indicated on
. page 5.11-4, Table 5.11-4, Noise Measurements (Based on Field
Measurements). Please refer to Response 2-3 far further explanation of
the proVisions of the City's Noise ordinance whet:! the existing ambient
noise level already exceeds the identified levels. The reduction in the
noise levels to 60.1" dBA is for the window assembly itself, and does not
include the additional noise reduction caused by the residential structure
itself, which generally will reduce noise levels between 15 and dBA. At
the time of construction of the living units in Leisure World the state had
not established an interior noise level, and it is believed that the original
building permits for these structure was issued by the County of Orange,
as the area was not part. of the City of Seal Beach at the time of
construction of this portion of Leisure World. .
1-5 CEQA does not allow impacts; it requires local approving agencies to
evaluate potential impacts 'of a project as an information document for the
public, and establishes several thresholds of environmental evaluation:
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Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
6
CJ Are there significant impact identified? If not, then a Negative
Declaration can be adopted.
CJ If significant impacts are identified and those impacts can be mitigated
to a less than significant threshold, then a Mitigated Negative
Declaration can be adopted.
CJ If significant impacts are identified and those impacts cannot be
mitigated to a less than significant threshold, then an Environmental
Impact Report must be prepared, and the local approving body, in this
case the Seal Beach City Council, must adopt a .Statement of
Overriding Consideration" If it determines to approve a project that
causes significant impacts that cannot be mitigated.
1-6 This comment does not raise an environmental issue regarding the
project. nor does it suggest any specific addition~1 conditions that could be
considered either by the City or the project proponent
. * . *
Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
7
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Public Meeting: City of Seal Beach Environmental Quality Control Board
Meeting Minutes, September 28, 2005 (Minute Excerpt)
'Item 10 . Receipt Of Public Comments And Committee Review Of Initial
Study/Mitigated Negative Declaration 05-4 - Pacific Gateway Plaza (Panattoni
Development)
Recommendation: EQCB to elicit public comments and EQCB Board members to
provide comments' regarding Initial StudylMitigated Negative Declaration 05-4 to
assist the Planning Commission and City Council in detennining that the IS/MND
will reduce identified environmental effects to less than significant. Receive and
File Staff Report.
Chairperson Voce noted that Member Barton had conveyed her concern ] 2. 1
regarding the lack of trees in the plans for this project.
Member Hurley stated that due to circumstances beyond his control he was not
prepared to provide a comprehensive statement of his comments. He indicated
he would provide his written comments to Staff between now and October 11,
2005. He referred to Section 5.11 Noise and requested responses' to the
following questions:
1. Will a public hearing on this proposed noise policy statement be conducted
before City Council?
Response: Is not yet on a future City Council agenda, pending the
recommendation from the EQCB, but there will be a future
public hearing h.ald on this item.
2. P.5.11-3
Do not understand first line of Table 5.11-3 and paragraph
referring to Section 7.15.015(c) following.
Address with Director of Development Services.
3rd Paragraph, 4th line from the end of paragraph. Does not
understand use of the words "anomalous excess
attenuation." This document is supposed to be understood
by the general public.
This is a quote in reference to a technical document. This
can be addressed in the response to comments.
1"1 Paragraph, 3111 line, cannot locate the reference to 66.1
dBA. Need response by October 7th or 8th. .
Response:
3.
P.5.11-6
Response:
4.
P.5.11-7
Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
2.2 .
2.3
2.4
]" 2.5
B
Will request reference document from consultant and ]
provide to Member Hurley.
Paragraph (b), last sentence, what if pile driving does ]
become necessary, how does the applicant propose to
mitigate this?
Chairperson Voce confirmed that the p'ublic hearing for the MND is to be heard
by the Planning Commission at a future meeting. Ms. Teague confirmed that the
Planning Commission will receive pUblic comments on this document at its
meeting of .Wednesday, October 5, 2005. She noted that the Archaeological
Advisory Committee would also receive public comments on this document at its
meeting on Monday, October 3, 2005, at 5:30 p.m. Chairperson Voce stated that
a vote on this item is not required, and the Board could simply provide comments
to Staff. He indicated that he would provide his written comments prior to the
puqlic hearing before City Council.'
Response:
5.
P.5.11-10
* * * *
Mitigated Negative Declaration 05-4
Responses to Comments
Pacific Gateway Plaza Project
2-5
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2-6
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Responses to Public Meeting 2
City of Seal Beach Environmental Quality Control Beard Meeting Minutes,
September 28, 2005
2-1 A final landscape plan will be required to be approved by the Director of
Development Services. That plan will require the provision of trees in
manner that is acceptable to the Public Works Supervisor, who reviews
and provides comments on all landscaping plans approved by the City.
2-2 This comment does not raise an environmental issue and the response
noted in the meeting minutes is correct.
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2-3 This comment does not raise an enyironmental issue regarding the
project, it requests clarification of language in a table of the document.
The first line of. Table 5.11-3 on page 5.11-3 indicates that the noise
regulations of the City does not allow for the exterior noise level in a
particular area to be exceeded for a cumulative period in excess of thirty
minutes in any hour of the day. The paragraph following indicates that if
the ambient noise level exceeds' any of the exterior noise limit categories
that the noise levels are increased te reflect the ambient 'noise . level. As
an example; the allowable exterior noise level in residential areas between
7 AM and 10 PM is 55 dBA, and a 5 dBA increase is permitted for up to 15
minutes in any hour, or an ambient noise level of 60 dBA for up to 15
minutes in any hour. If the ambient noise level in a particular residential
area is 62 dBA due to being clos~ to a major roadway or freeway, the
ambient noise level would be in compliance with the noise provisions of
the City if ifdid not exceed 67 dBA for up to 15 minutes in any hour.
2-4 This comment does not raise an environmental issue regarding the
project, it requests clarification of language in the document. ."Anomalous.
has the meaning of "deviating from what is usual, normal or expected",
and in the context of the sentence refers to unanticipated noise
attenuation that occurs in an unexpected manner due to unanticipated
occurrences or physical activities in- the immediate region of the noise
generating activity.
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2-5 This comment does not raise an ,.environmental issue regarding the
project, it requests clarification of language in the document. The
discussion regarding 66.1 dBA .to 60.1 dBA on page 5.11-7 is based on an
anticipated reduction of between 6 to 12 dBA by the provision of a window
replacement program from the measured noise level of 72.1 dBA within
Leisure World, as indicated on page 5.11-4, Table 5.11-4, Noise
Measurements (Based on Field Measurements).
2-6 The type of construction proposed for this project does not typically
require the use of' pile driving equipment. 'If pile driving equipment is
Mitigated NegatIve Declaration 05-4
Responses to Comments
Pacll'lc Gateway Plaza Project
10
required, the City would be required to undertake a supplemental
environmental analysis to evaluate the potential impacts of such -
equipment opefations. .
* * * *
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Mitigated Negative Dec:laratlon 05-4
Responses to Comments
Pac:lflc: Gateway Plaza Project
11
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Staff Report - Panattoni
MND05-4, SPA. 05-1, SPR 05-1, CUP 05-12
2301-2499 Seal Beach Blvd
November 9, 2005
ATTACHMENT 6
APPLICATION
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..1
Crn(
S:s.-JBIY11r//1 L
City of Seal Beach
geT 0 6 2005
pevelopment Svcs.
CIlY OF SEAL BEACH
PUBLIC HEARING APPLICATION
f't'- ~ 'C C So..... '-\ ~'"b ~
?e....... \'~ OS - l . LI
S!....~ ~l~" os. _\ "
~ oS-\.~ "
os-s~
os,s...,
os -s.i'
os-~~
,~~"~"~"- ,",:IP.~ "'~'i'ii. -kA~'J~-~ -- -- ~- -0' -, ,.
- -'':"~_' -~ I- ~ o..l.:l .~'t:t~.~~1.1J!\~...\-::I~~ \?;::1rd~~I::_lll~.,=,-..._\;jI)-;-' :. : . . _ _ .-
,: ~'~~cI(;);:.r!x;r;~~;~J~jl;~r/~~~~::-_~7i!~~~;;~~:::~"'~:~' -.~' ':_oc.~~'- - ~.,. ~~.
1.
2.
3.
. Vac~t Land at the south east quadrant of . ,
Property Address: Sea~ Beach B'lvd. " West-minster :Avenue
County Assessor's Parcel No: 095-01 0-58 (+/- 4.48 acre po:t;tion)
Appl"ca t's NamQ' Panattoni J;levelopment Company, LLC
n ~. & Th~ Rn~'ng rnmp~ny .
Address:18111 Von KaL"Itlan AYe'. St:e. 500. Irvine. CA 92612
Phone: Work -( 949) 47.4-7830' Honie:{ )
FAX:' ( 949) 474- '7833 Mo~i1e: (94~) 322-9955
4.
The Boeing-Company
. property. Owner's Name: c/o Boeinq Realtv t::R;J:L>
Address: 1548 ~ La=na Canvon R",aod. ~t-.. 7.00
Telephone: (552 ) 733-2172
Attn: Vice Pr..~ident
Trvinp,l"lI.'l?F;1A
5. General Plah and Zoning Designation;.BoeinCf specific nlan area #4.
.6. . Present Use of Property; Vacant' Land - ':Boein~ Parkinq. Lot #7
7. Proposed Use of Property; Hotel/Ret:ail .
~~ plan ap.....v~Ul f6:r 3 retai.l:buildings including,_ oui;dcor
8. Request For:di.ninq and a 4 storv hDtel reauirinq a heitlht variance. and,
a C.U.P. for on premise alcObci-~ co:c.smnption.and 0ut000r ~.
9. Describe the Proposed Use: A 4 story 110 room hotel and 19.273 square
feet of retail and food uses.
1 D. Describe how and if the proposed improvements are appropriate for the character'
oflhe surrounding neighborhood: 'the project nil serve the adjacent residentiaI
CClIlIlIlJl1i.ties as well as the business in the area.
Page 7
Rav.B1t13
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11. Describe how and if the approval of 1I1is Pennit would be detrimental in any way to
other property in 1I1e vicinity: None
12. Proof of Ownership
Sfaff is to atlach here a photocopy of a picture 1.0. and a photocopy of !he Gnlnt Deed provided by 1I1e
appDcant
or
Signed and notarized Owner's Aflidavft to be completed and attached to !he application.
13. Legal Description (or attach desaiption from Title.or Grant'Oeed):
See attached ibit "A"
By:
)9Zture ~PJi~t)
UN / - ~"u:IJ~r
/I ,,(BintNamel '" .
~2~ JI'j.um-""1
(Date) s7'#r
e
By:
of AppDcant)
JO(;;.v (6AIV
! f (Pint Name)
5: '{It:>::>
(Date)
e
~. .
'.
Page B
Rev. BIll3
e.
e
.
Environmental Information and Checklist Form
;: 1Jf;~~Y1:;~Lib{ ,~~. r~ ::;.~~4 '~.~;-~ ~~-~>J'?~~_-L~'- ~J l:\~';lf~~~ :~.*~~.~ ;~~:. :'-:. .~-L~ ~~I~I'; -~':~
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Genera/Information
1. Name and address of Developet' or Project Sponsor.
Name:Panattoni Development Companv. LLC
Address: 18111 Von Karman Avenue, Suite 500
City: Irvine .State: CA Zip: 926; 2
Telephone: 949-474-7830 FAX: 949-474-7833
Vacant Land at the SEQ of Seal Beach Blvd.'
2. Address of Project & Westmins'ter Avenue .
Assessor's Parcel Number: 095-010-58 (-+,/~ 4.48 acre portion)
3. Name, address, and contact information of Project Contact Person:
Name: John T. Mehicra.n
Address: 18'1' Von Karman Avenue,. Suite 500
City: Irvine. State: CA Zip: 9261:2
Telephone: 949'-474-7830 FAX: 949-474-7833
E-mail Address:jtmehigan@panattoni.com
4. U~ and describe any other related permits and other public approvals required for .
this project, including those required by city, re~iorial, state and federal agencies:
C.U.P. for height variance, C.U.P for on premise al=hol c:onsumoti.on,
C.U.P. for outdoor dioinq. Coastal O::mnission'~ aocrOval. and'
Plann:i.nq O:mlIission's a=uv..J..
5.
Existing zoning:
Boeing Specific
Existing General Plan:Plan (Area (1.4)
6. Proposed uSe of site: Hotel/Retail
Page 1 ,
Rav.IiIllS
e
Project Description
7. Sitesize(squarefootage):195,106 square .feet
- 65 484 sf of' hotel and
B. Square rootage of proposed Project: 19.273. sf or retail
9.' Number of floors of coflstruclion: 4 story hO'Eel 8. single story retail
10. Amount of off-street parking' provided: 228 stalls
11_ Existing and proposed impervious surface coverage (Impervious surface coverage
includes alJ paved areas and building and/or stnJclure footprints):
Existing impervious coverage: 95 %
Proposed impervious coverage: 85 %
12. Attach 'plans including preliminalj grading plans, drainage plans, Water Quality
Management Plans (WQMPs) for.Jarge-scale developmentS', construction site' Best
Management Practices (BMPs) Plans.
13. Proposed scheduling of Project Under cons t.ruction = Jul v 2006
14. Associated Projects: N/A
e.
15. Anticipated incremental development Si'Dgle ph:ase project
16. For residential projects, indicate the:
A Number of units: N./A
B. Schedule of Unit sizes: N/ A
C. Range of sale 'prices or rents: N / A
. D. Household size(sj expected: N/A
,
17. For commerdaJ projects, indicate the:
A' Type ofprojecf; Hotel/Retail
B. Whether neighborflaod, city or regionally oriented:. Nei ghborhood/ shop uses
C. Square footage of sales areas: 1 9 , 273 sf
D. Gross bUIlding area: 19,273 sf of :z:etail iii 65,484 sf of. hOtel
E. Size of loading fadli'lies: N / A
18. For industrial projects, indicate the:
e
Page 12
Rw. 6/03
e
e
e
A
B.
C.
N/A
N/A
N/A
Type of project
Estimated employment per shift
Size of loading facilities:
19. For institutional projects, indicate the:
A. Major function: N / A
B. Estimated employment per shift N / A
C. Estimated occupancy: N/A
D. Size of loading facilities: N / A
E. Community benefits derived from the project: N / A
20.
. .
If the project il)volves a variance, conditional use permit/unclassified use permit,
height variation or zone change application, state this and i~dicate clearly why the.
application is required: .
Variance:
CUP: -L Height Variation: ~
Zone Chan~e:_
Briefly explain:We wi.11 need a heiqht variance and 'a C. 0 _ P. for
on premise alcohol consumption ana a C.U.P. for.outdoor
dining.
Are the following items applicable to the project or .its effects? Discuss below all items
checked yes (attach additional sheets as necessary). ..
YES
See Exhibit "B"
NO
x
21. Change in existing features cif any bays, tidelands,
beaches, lakes or hills, or substantial alteration of
grourid contours?
x
. 22. Change in scenic viey.'s or vistas froni existing
residential areas or public lands or roads.
x
23. Change in pattem, scale or character of general area of
project.
x
24. Significant amounts of solid waste or litter.
x
25. Change In dust, ash, smo!<e. fumes or odors in vi.cinity. .
Page 13
Rev. &103
e
x.
26. Change in ocean; bay, lake, stream or ground water
quality or quantity, or alteration of existing' drainage
patterns.
27. Sblbslantial change in existing noise or vibration levels
in the vicinity. .
2B. Site on iilled land or on slope of 10 percent or more.
29. Use or disposal of potentially hazardous materials, such
as toxic substan~s, flammables or explosives.
30. Substantial change in demand for municipal service
(police. fire, water, sewage, etc.).'
x
x
x
x
x
31. Substantially increase fossil fuel consumption
(electricity, oil, natural gas, etc.).
32. Relationship to larger project or series of projects.
x
Environmental Setting
33.
On a separate page, describe the project site as it exists before the project.
including information on topography, soil stability, plants and animals, and any
cul1ural, historical, or scenic. aspects. Describe any existing structures on the site,
and the use of the structures. Attach photographs of1he site.
See ~ttached reports .
On a separate page, describe the surrounding properties, including information on
plants and animals and any cul1ural, historical or scenic aspects. Indicate the type
of land use (residential, commercial, e~c.), intensf\y of land use (one-family,
apartment homes, shops, department stores, etc.), and scale of development
(height, frontage, setback, rear yard, etc.). Attach photographs of the vicinity.
See attached reports _
.
34.
.
Page 14
Rev. 6Ill3
..
t
Environmental ImpaCts (please explal,n all "Potentially S1gniTf~t Impact", ''L~
Than Significant with Mitigation Incorporated" and "LeSs Than Significant Impact"
answets oft separate sheets..)
See Exhibit "e" .
e
I. AESTHETICS - Would the flroject:
a} Have a SUbstantial adverse'~ art a
sCenic vista?
b} Soos1antiafly damage scenic
resources, including, but not li!llited' to;
trees, rock oulcl'flppings, and historic
buildings within a stale scenic highway?
. . .'-;-. .
c) Substantially degrade the existing
visual character or quality of the site and
ful sufrouhdi ng!;?
d) Ci'j!ata a new Source of substantial
light or glare. which would ",ctversely
affeCt flay or nighttime views in the area?
II. AGRlGUL TURE RESOURC-ES: In
determining whether impaCts to
agricUltural . resources are signfficilM
environmental effecli;, lead. agencies
may refer to the Callfoi'tJia Agricultural
Land Evaluation. and Site Assessment
Modlll (1997) prePared by the California
Oept. of Conservation as an optional
model to use in asseSsing Impacts on
ag(icUllure and farmland. Would the
project '
a} Con.vert I?rime Farmland, Unique
Farmlarid, or FarmfEilld of statewide
Importance (FarmlanQ), as shown.on the
inaps prepared p'uIsuant to 'the Fannland
Mapping and Monitoring Program of the
Ca.l1fumia Resou= Agency, to non-
agriCllltural use?
b} Conflict wl!h exisling ZOning for
agricultural use, or a Williamson hi
conlTact?
e
'Page15
PoteritiBlIy
SIgnificant
fmpact
o
.0
o
o
a
a
Less\hari
Slgnillcanl: with
MIligallon
IncorpandBd
o
,0
o
o
tJ
o
!.au. Than
SIgnificant
Impact
o
o
o
~
o
o
o
Roo<.iiItl3
No
fmpact.
[if
I:i
UiJ
I1J
a
fii
c) Involve other changes in the existing
environment Which, due fo their location
or mitute, cduld result in conversiEln of
Fannland. to non-agricultural use?
1fJ. AIR QUAlITY ~ Where available, the
signillcance crtteria established by the.
applicable air quality managem ent or air
poHlJtjon control district may be r61ied
upon fo make the following
deterniinations. Would the project:
a) Coriflict with or obstruct
implementation of -the applicable air
quality plan?
bJ Violate any aJr quality standard or
corrlribute substantially to an eXisting or
projected ai~ quality violation?
oj ~suJt in !l. cumulatively' considerable
net increase' of any criteria poDiItanf for
vAUch the project region is .non-
ailainment urider an ap'plicable feaefai or.
slate ambient air quality standard
Oncludi ng releasing emissions which
exceilcl quaT\tifative th~holds -for ozone
preCursors}? .
d) Expose .S6.nsitive reCeptbrs to
substantial pollutant concenlrafiomi?
e) Crea'f:e objeCtlonab1e odors affecting a
substantial number of people?
IV. BIOLOGICAL RESOURCES ~ Would
the project:
a) Have a substantial adverse effect,
either - direcfly . or through habitat
mOdfficatloitS, on any species identified
as a ~didate, sensitive, or special
status spepies in local or regional plans,
pOlicies, or regulations, or by the
California Department of Fish Bni:l Game
or U.s. FlSfiand Wildlife Sel'vice?
Page 15
PQI8nllaJly
SIgnificant
Impact
~
o
o
o
tJ
o
o
o
Less Than
Sl!lllillc:antwilll
Mltigatfcn
lncorpora18l!
o
.0
tJ
o
o
.0
o
Lass Than
Significant
Im~ct
o
o
o
o
d
CJ
o
Rl!v.ll/ll3
e
Ni>
Impact
Ii1
[XI.
[XI
e
r>>
!Xl
fXJ
m
e
..'
It
. b) Have a substantial adverse effect-on
any ripatian habitat or other sensitlve
nalural community idshtifisd in local or
regional plans, pdliCies, regulations or by
the Callfofnia Department of Fish and
Game or US Fish and WIldlife SerVice?
1:) Have a subSlanlial adverse effect on
federally protecled wetlands as defined
by SeCtion 404 of the Oean Waie; Act
QnCloding, but not liinitsd to, marsh,
'vemal pool, COCIstal, etc.) through direCt
removal, filling, hydrological interruption,
or otner means? '.
e
d) Interfere substantially with the
movement of any' native resident or
migratory fish or. WIldlife species. or with
eStablished native resident or migratory
: Wlialife corridors, dr impede the use of
nsilva wlidlife nursery sites?
e) COnflict with any local porlCies or
or'dinances pro1i!cting - biological
r$ouroe.s, such as a tree preservation
pclicy br'ordihiant:e?
f) ConfliCt WI'th the provisions of an
i1dopt~ Habitat Cdnseryalion Plan,
Natui'aI Community Conservation Plan,
cr eitl1er apprcived Ideal, regional, or state
habitat conservation pl~7 .
V. CULTURAL RESOURCES - Would
. the project:
a) Cause a substantial adverse change
in the significance.. of a histoflcal
resource as defined i[l !j15064.5? .
b) Cause a substantial adverse change
in the significance of an archaeological
reSource pursuant to !j15064.5?
c)- Dirdy or inflireclly desirtly a unique
pateon!Dlogical resource or sits or uniqtJe
geologic .faature7
e
Page 17
PClfBnlllllly.
S1gnl'ficant
IInpact
o
o
o
o
.'
o
n
o
o
Less than
Slgnlfic:arrtwlth
MtagatlCln
InCCli'paralad
o
o
o
o
o
o
o
o
Less Than
S1gnfiicant
lmpai:t
Cl
o
o
o
o
o
tJ
o
R.....~
,
No
Impact
IXJ
liJ
I%J
[XI
51
51
[i
iJ
d) Disturb any human remains, including
those interred outside of fonnal
cemeteries?
VI. GEOLOGY AND SOILS - Would the
project:
a) Expose people or structures to
potential substantial adverse effects,
including the risk of loss, injury, or death
involving:
(i) Rupture of a known earthquake fault,
as delineated on the most recent Alquist-.
P.riolo Earthquake Fault Zoning Map
issued by the State Geologist for the
area or based on other substantial
evidence of a known fault? Refer to
Division of Mines and Geology Special
Publication 42.
(ii) Sti'ong seismic ground shaking?
Oil) Seismic-related ground failure,
including liq uefaction?
(iv) Land!!lid~s?
b) Result in substantial soil erosion or the
loss of topsoil?
c) Be located on a geologic unit or' soil
that. Is unstable, or that would become
unstable as a result. of the project, and
potentially result in on- or olf-slte
landslide, lateral spreading, subsidence,
Iiquefacllon or collapse?
d) Be located on "expansive soil, as
defined in Table 18-1-B- of !he Unffonn
Building Code (1994), creatIng
subsfantlal risks to life or property?
e) Have solis Incapable of adequately
supporting the use of septic tanks or
alternirtive waste water disposal systems
where sewers are not avallable for the
disposal of waste water?
Page 1 B
Potentially
SIgnificant
Impact
o
o
o
o
o
d
o
o
o
o
Lea Than
SIgnificant wlth
Mitigation
InCllrporatad
o
o
[j
[j
o
o
o
[j
[j
o
Less Than
S1gnJilcant
Impact
o
o
o
o
o
o
o
o
o
o
~.6Ill3
e
No
Impact
!XI
!XI
1111
e
[i
U1J
I]J
I]J
CiI
[i
lJI
e
e
e
e
VII. HAZARDS AND HAZARDOUS
MATERIALS - Would the project:
a) Create a significant hazard to the
puMc or the environment through the
routine transport, use, or disposal of
hazardous materials?
b) Create a significant hazard to the
public or the environment through
reasonably fOreSeea~le upset and
accident conditions Involving the release
of hazardous . materials into th'e
environment?
c) Emit hazardous emissions or ha':ldle
hazardous or acutely hazardouli
materials, substances, or w?ste within
one-quarter mUe of an existing or
proposed school?
d) Be located on a site which is included
on a list of hazardous 'materials sites
compiled pursuant to Government Coge
Secllon 65962.5 and, as a result, would It
create a Significant hazard to the public
or the environment?
a) For a project located within an airport
lanp us.e plan or, whara such a plan has
not been adopted, within two miles of a
publfc airport or public use airport, would
the project result In a safety hazard for
people residing or working In the project
area?
f) For a project within tha vicinity of a
privata airstrip, would the project result in
a sa~ty hazard for people residing or
worldng in the projaCt area?
g) Impair impiementatlon of or physically
interiere with an adopted emergency
response plan or emergency evacuation
plan?
Page 19
PatBntlally
Significant
Impad
o
o
o
o
o
a
o
. Less Than
Signll'k:llnt wIlIr
Millgatlon
Incorporated
a
o
o
o
o
D
o
Less Than
Slgnlllcant
Impact
o
o
o
o
o
o
o
Rw. 6Ill3
No
Impact
[XI
.GiI
[XI
m
fiI
51
(i
~.
~
palantially
Significant
impact
h) Expose people or structures to a
significant risk of loss, injury or deErth
inVdlving wildlanti tires, including where
wildlands are adjiacent to utb?llized
areas or where residences are
intei'lT\ixed with :wildl~nds?
VIiI. HYDROLOGY AND WATER
QtJAuiY - Would thE! projeCt:
a) VIolate any wafut quality standards or 0
Waste discharge requireme~?
b) Substantially deplete .groundwater 0
supplies or. interfere substantially' with
groundWater recharge such that ther;!
would be a net deficit in aquifer.volum-e
or a lowering of the local groundwater
lable level (e.g., the production rate' of
pre-exisfing nearby wells wo.ula drop to a
level which would not support existing
land uses or pianned uses for Which
permits have been granted}1
c) Substarltially alter' the existing 0
'dr.iJnage pattern of the site or. area,
Induaing' ,through' the alteration of !he
C'durse ora Stream cSr river, in a manner
Which wouid resUlt 11'1 substanllal ertI.sion
or silta'lion on- or elf-site?
a) Substimtially alter the existing 0
drainage pat!em of the site. or ar61!.
intludirig through the alteration of tfie
course of a stream or - river, or
substantially'increase the rate or attiount
of. surface runoff in 11 manner which
would result in flooding on- or olf-site?
e) Create or contribute runpff Water 0
which would exceed the capacity of
exiSting or planned. stormwater drainage
systems or provide substantial additional
sourceS .of polluted runoff?
f) Otherwise substantially degradEl wa1er 0
qualily?
O'
Page 20
Less Than
Significant wilh
Mitigation
Incarpara1ecl '
o
d
o
o
o
o
o
Less Than
Significant
lritpalO!:
o
o
o
o
o
o
o
Rev.!tIll3
e
'Ne
Impact
fiI
~
[Xi
e
I:iI
li1
QU
iii'
e
e
e
e.
g) Place housing withi[l a 100-year flood
hazard area as mapped on a federal
Flood Hazard Boundary or Flood
Insurance Rate Map or other flood
hazard delineation map,?
h) Place within a 10o-year flood hazard
area structures which would impede or
redirect flood flows?
1) Expose people or structures to a
significant risk of loss, injury or death
involving flooding, including flooding as a
result of the failure of a levee or dam?
j) Inundation by seiche, tsunami, or
mudflow?
k) Potentially impact stormwater runoff
from construction activities?
I) Polentlally impact stormwater runoff
from post-construction a~vities?
m) Result In a potential for discharge of
stormwater pollutants - from areas of
malerial slorage, vehicle or equipment
fueang, vehicle or equipment
maintenance (including washing), waste
. handling, hazardous materials handling
or storage,. delivery areas, loading docks
OF other ouldoor work areas?
n) Result in the potentlaJ for discharge of
stonnwater to affect the beneficial uses
of receiving waters?
0) Create the potential for significant
changll!! in the flow velocity or volume of
slonnwater runoff to cause
environmental harm?
IJ) Create significanf increases' in erosion
of the project site or surrounding areas?
IX. LAND USE AND PLANNING - Would
the project:
a) Physically divide an established
community? .
Page 21
Pol8nt1ally
SlgnlllClJ1t
Impact
o
o
o
o
o
o
o
o
o
o
o
Less Than
Significant with
Mitigation
Incorporal8d
Cl
Cl
Cl
o
o
d
o
o
o
o
o
Less Than
Significant
Impact
o
o
o
o
KI
O'
6U
o
o
o
o
Rov. &103
No
Impact
txJ
'(XI
(XI
fXJ
Cl
fXJ
o
riI
CiJ
(XI
r>>
b) Conflict with any applicable land use
plan, policy, or regulation of an agency
with jurisdiction over the .project
(including, but not Iimi~ to the g~1
plan, specific plan. local coastal program,
or zoning ordinance) adopted for the
purpose of avoiding or mitigating an
environmental effect?
c) Conflict with any applicable habitat
conservallon plan or natural community
conservation plan?
X. MINERAL RESOURCES - Would the
project
a) Result in the IQSS of availability of a
known mineral resource that would be of
value to the region and the residents of
the slate?
b) Result in the loss Of availability of a
locally-important mineral resource
recovery site delineated on a Iqcal
general plan, specific plan pr other land
use plan?
. . Xl. NOISE - Would the proj~ result in:
a) Exposure of persons: to or generation
of noise levels in 'excess of standards
esiablished in the local general plan or
noise ordinance, or applicable .standards
of otl'!er agencies?
b) Exposure of persons 10 or generation
of excessiVE! groundborne vibration or
groundbome noise levels?
c) A substantial permanent increase In
ambient noise levels in the project
vicinity ;above levels exisll"ng without the
project7
d) A substantial temporary or periodic
increasa In ambient noise levels in the
project vicinity above lavels existing
without the project?
Page 22
Potentially
SIgnificant
lmpact.
o
o
o
o
o
o
o
Cl
,
Lass TImn
Slgnllicant willi
Millgmlon
lncorponrted
o
o
o
o
o
tJ
o
o
Lass 'rhan
Significant
Impact
o
o
'0
o
lXI
a
fiJ
m
RaY. 6103
e
No
IlIlJlact
rn
~
rn
a
e
o
f[J
,0
o
e
.'
-
e
e
e) For a project loCated wilhin an airport
land use plan or; where such a plan has
not been adopted, within two miles of a
public airport or public use airport, wOuld
ttl!l project exp~e people residing or
wOrKing in the' project arIla to excessive
noise J.ev8ls?
1) For a projedt within the vicinity' of a
private airstrip, would the project expose
pOOple residing or working in the Project
area to excessive noise levels?
XII. POPULATION AND HOUSING -
Would the project:
a) Induc:a substantial population growth
in ah area, either directly (for example,
by p'roposing new hdmE*l and
businesses) or Imlirei:lly (for eKample,
throilSh extension of roads . or other
infrastructul'll)? . '
b) DisplaCe llubStantial numberS. of
. exislitlg housing, riec:esgilating the
" . .. l
CQI1Sb"ucllbn of replacen')ent housmg
elsewhere?
c} Displace subStimtial nUinbers of
people, necessnating the rorlstn:lclion of
rel1iacement h~using el sewhere?'
Xlii. PUBLIC SERVICES
.a} WOlild the project result in substantial
adverse physical impacts associated with
the provilllon pf new or'ph)'sically a~red
governmental facililies, need for new or
physically !lll:ered gcyernmental faci/jfies,
the construction of which' GOuld cause
signilicant envirol)m~ impacts, In
oroat to maintaln acceptable serVice
ratios, response times., or other'
performance objeclives for any of the
public services:
Fire pro'tecfion?
~
- Page23
Pofenflally
Slgniilcant
Impact
o
o
o
0...-
o
o.
Lass Than
Slgn/licantwlth
Mitigation
Incorporated
o
o
o
o
o
o
Less Than
Significant
Impact
o
o
EiJ
-. 0
O'
~.
Rw.WD3
No
Impact
Iil
rX1
o
lil
IXJ
o
,
Police protection?
Schools?
Parks? .
Other public facilities?
XfI/. RECREATION
a) Would the project increase the use of
existing neighborhood and regional parks
or other .recreational facilities such that
substantial physical deterioration of the
facility would occur or be accelerated?
b) Does the project include recreational
facilities or require the construction or
expansion of recreational'facilities whic:li
might have an adverse physical effect on
the envlro.nment? -
XV. TRANSPORTATIONfTRAFFIC -
Would the project:
a) Gause an increase in traffic which is
substantial in ~alion to the existing
traffic load and capacity of the street
system (i.e., result in a substantIal
increase in either the number of vehicle
trips, . the volume to capacity ratio on
roads, or congestion at Intersections)?
b) Exceed, either individually or
cumulatively, a level of service standard
eslablished by the county congestion
management agency for designated
roads or highways?
c) Result in a change in air tlQffic
patterns, including either an increase in
traffic levels or a change in location that
results in substantial safety risks?
Page 24
PolBntfally
Significant
Impact
o
o
o
o
o
o
0'
o
o
Less Than
Slgnlticant with
MllIgllllon
Incorporated
o
o
o
a
a
a
o
a
a
Less Than
SIgnificant
Impact
tXJ
a
o
~
o
o
[XI
[XI
o
Rav. S/tl3
e
No
Impact
a'
iii
1XJ
o
fX]
.
rx:J
e
q
a
lXJ
e
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d) Substantially increase hazards due to
a design feature (e.g., sharp curves or
dangerous Intersections) or Incompatible
uses (e.g., farm equipment)?
e)' Result in inadeqiJate ~mergency
access?
f) Result In inadequate par king capacity?
g) Conflict with adopted policies, plans,
or programs supportlng alternative
transportation (e.g., bus turnouts, bicycle
racks)?
XVI. UTILITIES AND SERVICE
SYSTEMS - Would the project:
a) Exceed wastewater' treatment
reqL!lremenls of the applicable Regional
Water Quality Control Board?
b) Require or result in the cons1ruclion of
new water or wastewater treatment
facilities or expansion of existing
facilities, the construc:tfon of which could
cause signrrlC8nt environmental effects?
c) ReqUire or result in the construction of
new stonn' water drainage facOilies or
expansion of existing facilities, the
construction of which could cause
signilicarrl environmental effects?
d) Have sufficient water supplies
avaRabhil to 'seIVe the project from
existing entitlements and reSources, or
are new or expanded entitlements
needed?
e) Result In a determination by the
wastewat,er trea1ment provider which
serves or may seIVe the project that it
has adequate capacity to serve the
project's projected demand in addition to
the provider's existing commitments?
Page 25
PolBntfally
Significant
Impact
o
o
o
o
o
o
o
o
o
Less Than
SIgnificant with
MltIlJlltlon
Incorporated
o
o
-0
o
o
o
o
o
o
Less Than
Slgnlflcant
Impact
/XI
o
o
o
Iil
o
o
o
o
Rsv.ll/ll3
No
Impact
o
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51
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!XI
[if
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f) Be served by a landfill with sufficient
permitted capacity to accommodate the
project's solid waste disposal needs?
g) Comply with federal, ~e, and local
statutes and regulations related to solid
waste?
h) Would the project Include a new or
retrofitted stomi water traa1ment control
Best Management Practice (8MP), (e.g.
water quality treatment basin,
construi;ted trea1ment wetlands), .the
operation of which could result in
significant environmental effects (e.g.
increased vectors and odors)?
XVII. MANDATORY FINDINGS OF
SIGNIFICANCE
a) Does the project have the potential to
degrade the quality of the environment,
substantially reduce the habitat of a fish
or wildfife species, cause a !ish or wildlife
population to drop below self-sustaining
. levels, threaten to eliminate a plant or
animal community, reduce the number or
resbict the range of a rare or endangered
plant or animal or eliminate ImllOrtant
examples of the major periods of
California history or prehistory?
b) Does the project have Impacts that are
indMdually limited, but cumulatively
considerable?
("Cumulatively considerable" means that
the Incremental effects of a project are
consIderable when viewed in connection
wfth the effects of past projects, the
effects of other current projects, and the
effects of probable future projects)?
c) Does the project have environmental
effects which will cause substantial
adverse effects on human beings, either
directly or indirectfy? .
Page. 26
Polenllally
Significant
Impact
o
o
o
o
o
o
Less Than
Significant with
MllIgatlon
Incorpo...ted
o
o
o
o
o
o
Less Than
Significant
Impa~
o
o
o
tJ
o
o
Rev. Ii103
e
No
Impact
[if
riJ
l"iJ
.(iJ
e
(iJ
rxI
e
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j.Y{f'2! I={ [-~ .'_I).'T-:.-, :::J,j~.8lL~I.\((~~:81L:f.;i: ~l~ II>l:r.;.J,--,~!..;l~ ~' ~11~. :2('11~ !E1J:Wt'l:I;~' 11 "':"'" ~~:':JII (h~I,::J"-'-...:r:~ll
"::J~rE:;~i\:€I~t.,'jB~</ : ':L''-~.~~-'',.! ~i:'~..':: '..'- ~: "'. :;:: ; _ :. ", ~!:. -., 'l',: . ..::.' .':"..: I
1.
2;
3.
4.
e 5.
6.
7.
8.
9.
!iazardous Waste and Substances statement
The development project an~ any alternatives prOposed in this application are contained on
the lists complied pursuant to Section 65962.5 of the Govemment Code. Accordingly, the
project applicant is required to submit a signed statement which contains the following
information:
Name of applicant Panattcni Development Companv, LLC
StreetlS111 Von Karman Avenu~, Suite 500
City: Irvine, CA
Zip Code: 92612
Phone Number. 949-474-7830
Address of site (street and ;;;ip): 2600 Westminster A:venue
Local Agency (city/county):' Ci ty o~ Seal Beach/Orange County
Assessor's Parcel Number. 095":'010-58
Specify arrj list pursuant to Section 65962.5 of the Govemment Code: N I A
10. Regulatory identification nLimber. N / A
11. Dateoflist N/A
Signature: N/A
Applicant N I A
Date: NI A
e
Page 27
Rw.6I03
I.
NOTE: In the event that the project site and any alternatives are not listed on any
list complied pursuant to Section 65962.5 of the Government Code, then the
appficant must certify that fact as provided below.
I have consulteCl the lists complied pursuant to Section 65962.2 of the Government Code
and hereby certify that ttie development project and any altern "ves proposed in this
application are not cootained on these lists:
r /'(/,
Date:
Signature:
Applicant
'.
. ,
Page 28
(;,),vl (
RIot. SID3
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Applicant's Affidavit
Radius Map for Public Hearing
r, -So rJ T M ( N . certify that on the ..!!~-4 day of lihro..>r:.ry .
_ prepared an ownership/occupant list and radius map, which included properties and
residential dwelling units entirely within or partially within three hundred feet (300') of the
most exterior boundaries of the propJtrly oeing consid~ In the 5lbOV~renfed case
known as (address) .SW& I>f- >U R;~ 75/,;",. 1111.0' M IIIJ'krl'f'C.
ProperlY Owners. THe names and addresses listed were taken from the latest records
of the Orange COUtlty Assessor. Such names are recorded in the records of the.County
Assessor as being the present owner(s) of both the property involved in said case and
of property in the immediate vicinity thereto. .
Occuoant Notification. I obtained the. mailing addresses otqtpJpants within 300' of the
subject property in the following manner. . ch!f:_~1> f-<f(e
I certify that said ownership/occupant list and radius map are correct and accurate to
the best of my knowledge. f also acknowledge that ally errors in this information Will
constitute an incomplete application and m~ invalidate its approval.
. J;, t.,,.., '7:
PRINT AME
DATE
'~RE
4. .
- .. ~ . .
Page 29
RIIV. IID3
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PROPERTY OWNER'S AFFIDAVIT
SlATE OF CALIFORNIA }
CITY OF SEAL BEACH }
COUNTY OF ORANGE }
(I)/ryve) The Boeing Company
(Name)
S\NE!ar that 0 am}/(we are) the owner of the property at
A 4.48 acre portion of Assessor's Parcel No: 095-010-58
(SIm'Ot Add""",) (CIty) (S1ata) (ZIP)
and that (I am)/(we are) are familiar with the roles of the City of Seal Beach for preparing
~d filing a Public Hearing Application. The information contained in the attached Public
Hearing Application is correct to the best of (my)/(our) knowledge and (I)/(we) approve of
this applicatiori to do the following work:
)
e
(print Name)
(Address -PIease?r\nt)
(CIty, Stale & ZIp)
)
(Telephone)
SUBSCRIBED AND SWORN TO BEFORE ME
THIS 4+h. . ~ MAy ,'bob
/(.~r --
NO~ubliC
. L Q h ,,,,uis:ecix -II
o 001111.1.#1429795'0
o NIlTARY PllBUC. CAUfllRNlA
F LOS ANGELES COUNlY
MY COMM. EXPIRES JUl.Y11,2007
e
P!lge 31
Rev. 1iID3
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EXHIBIT A
A PORTION OF PARCEL 2, AS SHOWN ON PARCBL MAP NO. 79-1001 IN THE
CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS
SHOWN ON A MAP FILED IN BOOK 139,PAGE4 OFPARCELMAPS,lNTHE
OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXHIBIT B
Questions 23, 3D, 31 and 32:
The parcel is located in the parking lot of the Boeing facility. Because we are
developing four buildings on this site, there will be an increase in the issues
referenced iJi. the above questions. However, we do not believe the changes will have
any material adverse affects on the surrounding area,
"\J .
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EXHIBITC
Explanation for vm
k. Only temporary problems during construction will be adrlressed in S .W.P .P .S. and
erosion control plan.
m. Increase in car traffic only. "Automotive uses" will not be permitted on the site.
Exp1a.na1ion for XI
a. We will have a fast food restaurant that will use a radio speaker box to take
orders. This will be the southern. portion of the development far away from
existing homes.
c. Only minor impact due to the fact ~ the propertY is currently a parking lot.
Ii. Only minor impact due to the fact that the property is currently a parking lot.
Explanation for XII
a. We will be adding a new hotel and retailers. No new homes.
e Explanation for xm
a.. We'Will. work with all city services to m;n;m;7.e the impact.
Explanation for XV
a. Please see attached traffic report
b. Please see attached traflic report
Ii. Please see attached traffic report
Explanation for XVI
a. Please see attached plans
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City Council Staff Report
2301-2499 Seal Beacb Blvd. PanattonilBoeing
December 12, 2005
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ATTACHMENT 4
EXCERPT OF DRAFT PLANNING COMMISSION MINUTES
OF NOVEMBER 9, 2005
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City of Seal Beach Planning Commission
Meeting Minutes of November 9, 2005
2. Mitigated Negative Declaration 05-4
Specific Plan Amendment 05.1
Site Plan Review 05-1
Conditional Use Permit 05-12
2301-2499 Seal Beach Boulevard
Applicant:
Owner:
Request:
Panattoni Development Co. and The Boeing Co.
The Boeing Co. clo Boeing Realty Corporation
Construction of four (4) new buildings for a total of 85,009
sq. ft. Specifically, Building 1 is a proposed 65,484 sq. ft.
hotel, Building 2 is a proposed 10,725 sq. ft. building of retail
and in-line food uses, Building 3 is a proposed p,400 sq. ft.
retail building, and Building 4 is a proposed 3,400 sq. ft.
restaurant. The application includes the follow!ng requests:
Adoption of Mitigated Negative Declaration 05-4; Specific
Plan Amendment 05-1 to alter the Boeing Space &
Communications Group Specific Plan, including changing
tlie height from 40 feet maximum to 55 feet maximum for the
hotel; changing the Land Use Summary Table ~-1 of the
SpeCific Plan to' redistribute changed square footages of
buildings and increasing the total from 84,757 sq. ft to
85,009 sq. ft., an incfease of 252 sq. ft., Within the allowable
~7,500 sq. ft. set forth in Table 2-1 of the Specific Plan;
changing the minimum building setback adjacent to' Seal
Beach Blvd. ffom 35 feet to 20 feet; changing the minimum
building setback adjacent to Westminster Ave. from 35 feet
to 30 feet; Site Plan Review 05-1; and Conditional Use
Permit 05-12 fOf 24-hour operations and alcohol sales in
conjunction with proposed 110-room hotel.
Recommendation:
Approval and adoption of Resolution Nos. 05-56, 05-57, 05-
58, and 05-59, respectively, subject to conditions.
Commissioner Roberts recused himself from hearing Item No.2, as he receives a
retirement pension from Boeing Integrated Defense Systems (BIDS).
A request was made for a 5-minute fecess. Chairperson Shanks called for a recess at
10:50 p.m.
The Meeting reconvened at 10:55 p.m.
Staff ReDort
Ms. Teague delivefed the staff report. (Staff Report is on file for inspection in the
Planning Department.) She provided some background information on this item and
stated that overall development plan is for approximately 4.5 acres of land known as the
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City of Seal Beach Planning Commission
Meeting Minutes of November 9, 2005
Boeing Specific Plan Area 4 (PA4), and is the only area of this property designated for
commercial development in the greater 107-acre Specific Plan Area. She indicated that
the Planning Commission (PC) and City Council (CC) appfoved the Environmental
Impact Report (ErR) and the BSP in 2002. She stated that she would individually
present each application and recommendations for approval.
e
Mitigated Negative Declaration (MND) 05-4
Ms. Teague stated that MNQ 05-4 has been submitted for appfoval with 57 Mitigation
Measures (MM) as wfitten in the proposed Resolution 05-56. She stated that the
environmental consultant from RBF is present tonight to respond to any questions from
the PC. She indicated that the public review period has closed, and a copy of the
response to comments document has been included in the Staff Report. She noted that
MM 41, which has to do with the drainage onto Seal Beach Boulevard (SBB), has been
resolved through the Boeing tract map; therefore, this.MM will be deleted. She stated
that Staff recommends approval of MND 05-4, subject to conditions, and adoption of
Resolution 05-56.
Specific Plan Amendment (SPA) 05-1
Ms. Teague explained that the Specific Plan (SP) currently allows a 120-room hotel
within PA4 with a maximum height of 40 feet. She indicated that the proposed hotel will
~ave 110 rooms and will measure 46 feet 5 inches high, with afchitectural projections at
the center of the structure measufing 54 feet 7 inches high, and also on each side of the
structure measuring 50 feet high. She stated that the amendment proposes to change
the height limit from 40 feet to 55 feet to accommodate the proposed 4-story Hampton
Inn & Suites. She noted that this would be the only building. that would exceed the
40-foot height limit. She said that the current required setbacks are 35 feet along both
Westminster Avenue and SBB, and SPA 05-1 revises the setback on Westminster
Avenue from 35 feet to 30 feet for a small portion of the northeast corner of the building,
and from 35 feet to 20 feet along SBB for the 90 feet of frontage of the Building 3 shop
building. She noted that setbacks are measured from the property line, which is 10 feet
im~ide the face of curbs. Ms. Teague then stated the proposed minor changes in square
footage in room sizes for the hotel and commercial buildings have changed from what
was originally envisioned and include the reduction of the total square footage from
2,210,500 sq. ft. to 2,209,000 sq. ft.
Site Plan Review (SPR) 05-1
e
The Senior Planner then explained that PA4 was designated for a hotel and commercial
land uses including retail, restaurant, and other commefcial uses. She stated that the
particular building development, parking, and landscaping have been designed
according to the Boeing Specific Plan, with the exceptions addressed in the SPA. She
noted that the proposed buildings have prominent architectural features on all sides, as
well as the roof lines, added articulation through building finishes and contrasting paint,
to ensure a quality building appearance that will integrate well with the remainder of the
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Page 22 of 29
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City of Seal Beach Planning Commission
Meeting Minutes of November 9, 2005
Boeing Planning Area buildings and the greater Boeing Pacific Gateway industrial park.
Ms. Teague then stated that analysis of the proposed SPR of the buildings in' PA4
indicates the proposed conformance with the Boeing Integrated Defense Systems
(BIDS) Specific Plan and compatibility with the neighborhood.
Conditional Use Permit (CUP) 05-12
CUP 05-12 is for approval for 24-hour operation of the hotel and for the on-sale alcohol.
The proposed Hampton Inn & Suites currently has 10 othef California locations with its
own national reservations center. Ms. Teague noted that the hotel does not propose an
on-site restaurant, although it proposes to offer complimentary breakfasts within a
breakfast and prep area and pantry at the lobby level for this purpose. The hotel also
proposes minimal meeting rooms of approximately 400 sq. ft. to be located near the
lobby area, and most of the hotel area will be used for the 110 rooms ranging in size
from 378-556'sq. ft. She indicated that a pool and outdoor patio area are proposed at
the southwest corner of the hotel building. With regard to the sale of alcohol, Ms.
Teague, explained that there will not be any daily events where alcohol would be
served, but the applicant is seeking approval of incidental alcohol in conjunction with
occasional events with limited alcohol service, such as weddings, etc., a.nd a limited
selection of packaged beer and wine in the lobby gift shop. The applicant does not
propose a daily afternoon "happy hour." She noted that the Alcohol & Beverage Control
(ABC) license required fOf this is type 70, which restricts the sale of alcohol for on-site
consumption only. She added that previously this type of license was approved for both
the Ayres Hotel and the Radisson Inn and no complaints fom! surrounding residential
neighborhoods have been received.
Ms. Teagu~ then stated that Staff has received no response to t~e mailed or published
public notice on this matter. . She indicated that the rep'resentatives for Panattoni
Development and aTa Development for the hotel and from Boeing Realty Corporation
are present tonight to respond to questions. She stated that Staff recommends
approval of the following items, subject to conditions and adoption of the proposed
resolutions as follows:
MND 05-4
SPA 05-1
SPR 05-1
CUP 05-12
Resolution 05-56 (exclude MM 41)
Resolution 05-57
Resolution 05-58
ResolLltion 05-59
Mr. Whittenberg referred to Attachment 5, Page 6 of the Response to Comment
document and noted that Response 1-4 discusses the window replacement program to
reduce interior noise levels for the residential units within leisure World, across
Westminster Avenue. He stated that in the 5th line from the bottom of this response
Staff indicates that the building wall itself generally reduces the interior noise level to
between 15 and decibels. This should be corrected to read 15 and 20 decibels.
Commissioner Questions
Page 23 of 29
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City of Seel Beech Planning Commission
Meeting MinutBs of November 9, 2005
Commissionef Ladner asked if hotel guests on the 4th floOf would be able to look out
their windows and see into the residences at Leisure World from this level. Mr.
Whittenberg stated that he did not have a response to this question, but he would tend
to think that with the angle between the Leisure World units closest to Westminster
Avenue and the property line wall and roof overhangs, probably a.1I the hotel guests
would see would be the roofs. Ms. Teague interjected that according to the Site Plan
the corner of the hotel building is pointing toward Westminstef Avenue and at the end of
the building are the corridors with windows at the end of the hall. The rooms that face
directly toiNard Leisure World have no windows and the rooms that face toward the
Boeing Property and outward toward the comer of Seal Beach Boulevard (SBB) and
Westminster Avenue have windows facing away from Leisure World.
e
Commissioner Deaton asked about the landscaping. Ms. Teague stated that the
requirements fOf construction in Planning Area 4 of the Boeing Specific Plan (BSP) are
.that they meet the criteria as set forth in the BSP when it was approved in 2002. She
said no additional landscape requirements have been added. Commissioner Deaton
inquired that is she wished to add some end landscaping, under which Resolution would
this fall. Ms. Teague stated that if Commissioner Deaton were planning on making
suggestions for addition to landscaping afourid the hotel building, it would be-
appropriate to add a.condition to CUP 05-12, or if the recommendations ~i11 be for the
overall plan they could all be included under Site Plan Review 05-1. Mr. Whittenberg
referred to the set of folded plans that include a conceptual landscape plan, and he
noted that the final landscape plan will be submitted to the Building Department and
Public Works Departmer:lt, arid Staff will review the plan to ensure that it complies to the
SP provisions and the conceptual plan. He said that Public Works would review the
plans to ensure that the species of groundcove~, shrubs, and trees are appropriate for
Seal Beach, and will also review the sprinkler systems for adequacy of irrigation.
e
Chairperson Shanks asked what the height is for the existing Boeing Building 81. Mr.
Whittenberg estimated that Bldg. 81 is appfoximately 50 feet tall. .
Public Hearina
Chairperson Shanks opened the public hearing.
John Mehigan, the representative for Panattoni Development, stated that the plan under
review tonight was developed by Panattoni, the City of Seal Beach, OTO Development,
who will eventually construct the hotel, and the Boeing Realty Corporation. He then
stated that this site was determined to be ideal to serve the immediate trade areas and
communities, speCifically Leisure World, the Boeing Facility, and the Naval Weapons
Station (NWS), noting that ext~ time has been spent to make this development
pedestrian friendly. He explained that the architectural design attempts to continue the
Ofd Town theme, also a lot of time and effort was spent on the landscaping plan for the
ends of the buildings to shield them from the street, and at the same time make this an
inviting retail experience. He added that extensive landscaping would be done along
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Page 24 of 29
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City of Sea/ Beach Planning Commission
Meeting Minutes of November 9, 2005
Westminster Avenue on the development side across the street from leisure World. He
noted that the large trees planned for planting would block to view from the upper hotel
floors across to leisure World. Mf. Mehigan then indicated that there are currently no
specific tenants for Retail Buildings 2, 3, and 4, but the vision is to have tenants,
restaurants, and retailers that will serve the 3 communities previously mentioned. He
stated that this is a very important project for Panattoni and he has enjoyed a great
experience in working with Staff and thanked Mr. Whittenberg, Ms. Teague, and the
Director of Public Works for their assistance. Commissioner ladner inquired about
hotel guest on the higher floors being able to look down into leisure World homes. Mr.
Mehigan explained that with the dense landscaping of trees planned for the area along
Westminster Avenue, this would be very difficult to do. Commissioner lander inquired
about whether the Primrose Restaurant is to remain. Mr. Mehigan stated that he did not
have any information on the Primrose. Commissioner Deaton stated that her concern is
that the view of the hotel from the street is kind of stark. She asked if the hotel
developer would consider adding a condition to run some vines up the walls to help
soften the exterior. Mr. Mehigan stated that this could definitely be considered.
Commissioner Deaton then stated that the only other thing about the plan that bothers
her are the drive-thru restaurants, rather than the nicer sit-down type, as originally
asked for. Mr. Mehigan explained that today's market for a sit-down type of restaurant
would carr for a location along Pacific Coast Highway (PC H). He noted thafthe larger
restaurant chains preferred a location closer to PCH.
Carol Franz of leisure World asked where the entrances of the hotel would be located.
The response was that entrances would come off of both Westminster Avenue and
SBB. Ms. Franz then inquired about the entrances for the retail uses. Mr. Whittenberg
stated that there would be entrances off of both streets for all of the uses in the
proposed project. Ms. Franz asked where the retail uses would be located. Mr.
Whittenberg stated that they would. be located between the hotel and' the existing
Boeing buildings. Ms. Franz asked if double paned windows are to' be installed in all of
. the leisure World units that run along the wall near Westminster Avenue. Mr.
Whittenberg responded that there is a mitigation meaSUfe that requires that an offer to
provide double paned windows is to be made to specific units of leisure World directly
across the street from the parking lot area proposed fOf conversion, similar to what The
Boeing Company installed as a requirement for its project. He noted that this would
include a total of approximately 26 units. Ms. Franz the asked whether the building
setbacks would affect traffic flow, noting that traffic along Westminster Avenue is
already quite heavy.
David Rosenm!in spoke in opposition to approval of CUP 05-12 for the on-sale liquor
license allowing the sale of liquor in the hotel gift shop. He stated that he prefers to see
the mini-bars in the hotel rooms, as this keeps the alcohol out of the public areas. He
then suggested adding a condition that that tree planting go through the Seal Beach
Tree Committee, that works very hard to get a unified plan for trees in Seal Beach. Mr.
Rosenman ended by expressing his concern over the size and height of the hotel
building and wondefed whether the FM has provided comments on this project.
Page 25 of 29
City of Seal Saach Planning Commission
Meeting Minutes of November 9, 2005
1 Edmund Loritz of Leisure WOfld stated that although doubled-paned windows have
2 been provided for some of the units in the mutual facing the proposed project, he would
3 strongly recommend that any unit facing the project should have the double-paned
4 windows, because of the projected increase in traffic and added noise.
5
6 John Mehigan stated that the Hampton Inn is designed in such a way that there really is
7 no social gathering area where guests can meet to have drinks. He noted that the
8 hotel does not advertise the sale of alcohol, as this service would be for the guests of
9 the hotel. He indicated that as far as the FAA is concerned, the height of the hotel
- 10 would not be a pfoblem at this location, and with regard to the double-paned windows,
11 the loudest construction noises usually come from pile driving when constructing tall
12 buildings. He stated that pile driving will not be done for this project, and the cost for the
13 replacement of the 26 units identified within Leisure World will be a costly process.
14 Chairperson Shanks asked if it were a common practice to sen liquor or beer in hotel gift
1q shops. Mr. Mehigan stated that-it is.
16
17 There being no one else wishing to speak, Chairperson Shanks closed the public
18 hearing.
19
20 Commissioner Comments
21
22 Commissioner Deaton requested that a condition be added to require landscaping of
23 the sides of the hotel building facing the streets and on either side of the windows.
24
25 -- Chairperson Shanks stated that he would vote to approve, but he does not agree with
26 the traffic study statistics. He then added that the plans show no sidewalk on the
27 Westminster Avenue side of the street from this project up to the area' of the new
28 Boeing Pfoject. Mr. Whittenberg stated that the Chairperson could allow fOf a response
29 to this question from the Boeing Realty Corp. Mr. Stephane Wandel of Boeing Realty
30 stated that they have worked with the City to either install new sidewalks where they are
31 nonexistent, and repair existing sidewalks all around the project from the western to
32 eastern end of the Boeing campus. He said that the same requirement applies for
33 sidewalks that would run along the Seal Beach Boulevard (SBB) 'side of the property.
34 Mr. Wandel also added that deceleration lanes would be added to both,Westminster
35 Avenue and SBB, which would help ease traffic into the retail area. '
36
37 Commissioner Deaton asked if double-paned windows would be installed fOf all Leisure
38 World units facing the Boeing property for the remaining projects. Mr. Whittenberg
39 stated that when The Boeing Company comes in for some new land use entitlement for
40 the existing campus facilities along Westminstef Avenue, this condition would then be
41 included in the approval. He explained that under state law in order for the City to
42 im'pose this kind of condition there must be a reasonable nexus to a project in order to
43 do this.
44
45' MOTION by Deaton; SECOND by Ladner to adopt Mitigated Negative Declaration 05-4
46 and Resolution 05-56 in Conjunction With the Construction of Four New Buildings With
. .
Page 26 of 29
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[Q)~
City of Seel Beech Planning Commission
Meeting Minutes of November 9, 2005
A Total of 85,009 Square Feet at 2301-2499 Seal Beach Boulevard, Seal Beach (Pacific
Gateway Plaza) and Delete Mitigation Measure 41.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
MOTION by Deaton; SECOND by Ladner to adopt Specific Plan Amendment 05-1 and
Resolution 05-57 To Amend the Height'Limit to 55 Feet For the Hotel, To Amend the
Setbacks From 35 Feet To 30 Feet Along Westminster Avenue, and From 35 Feet To
20 Feet Along Seal Beach Boulevard, I:!nd To Revise Sections 1.7 and 2.6, Land Use
Summary Table 1-3, Specific Plal1 Land Use Table 2-1, and Development Standards
Table 5-2 For Planning Area 4 of the Boeing Space & Communications Group Specific
Plan.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1'-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
MOTION by Deaton; SECOND by Ladner to approve Site Plan Review 05-1 and Adopt
Resolution 05-58 in Conjunction With Four New Buildings In the Boeing Space &
Communications Group Specific Plan, Located at 2301-2499 Seal Beach Boulevard,
Seal Beach (Pacific Gateway Plaza).
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
Mr. Whittenberg provided proposed language fOf Condition No.7 as follows:
"Final landscaping and irrigation plans to be approved by City prior to
issuance of Building Permit. These plans are to incorporate screen trees
as approved by the Planning Department to soften the edges of the
building on both Westminster Avenue and Seal Beach Boulevard. "
Mr. Whittenberg then referred to Condition No.4, sub-item (a and offered the following
revision:
Page 27 of 29
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City of Seal Beach Planning Commission
Meeting Minutes of November 9, 2005
"The mitigation measures relevant to the requested development are set
forth in proposed Planning Commission Resolution 05-56, provided as
Attachment 1 (56 mitigation measures). n
e
MOTION by Deaton; SECOND by Ladner approving Conditional Use Permit 05-12 and
adoption of Resolution 05-59 For a Hampton Inn & Suites Hotel Use with 24-Hour
Operations and Alcohol Sales Located at 2401 Seal Beach Boulevard, Seal Beach
(Pacific Gateway Plaza) as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
3-0-1-1
Shanks, Deaton, and Ladner
None
O'Malley
Roberts
Mr. Abbe advised that the adoption of Resolution Nos. 05-56, 05-58, and 05-59 begins
a 1 O-day calendar appeal period to the City Council. The Commissioner action tonight
is final and the appeal period begins tomorrow morning.
Mr. Whittenberg explained that Specific Plan Amendmenf05-1 will require City Council
(CC) approval, and will be scheduled for a future public hearing before CC, so no
appeal period would apply to this item.
Chairperson Shanks then feiterated that both Mitigated Negative Declaration 05-5 and
Zone Text Amendment 05-3 have been continued to the Planning Commission meeting
of December 7,2005.
e
STAFF CONCERNS
Mr. Whittenberg apologized for the late meeting and on behalf of Staff wished the
Commissioners a Happy Thanksgiving. He also thanked Commissioner Deaton for her
participation in this late night meeting tonight despite her not feeling well.
COMMISSION CONCERNS
None.
ADJOURNMENT
Chairperson Shanks adjourned the meeting at 11 :50 p.m.
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Respectfully Submitted,
Carmen Alvarez, Executive Secretary
Planning Department
APPROVAL
City of Seel Beach Planning Commission
Meating Minutes of November 9, 2005
The Commission on approved the Minutes of the Planning Commission
Meeting of Wednesday, November 9,2005.
Page 29 of29
City Council Staff Report
2301-2499 Seal Beach Blvd. PanattoniIBoeing
December 12, 2005
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ATTACHMENT 5
SITE AND LANDSCAPE PLAN
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AGENDA ITEM Y
SUPPLEMENTAL AGENDA REPORT
DATE:
December 12,2005
;
TO: Honorable Mayor and City Council
THRU: Lee Whittenberg, Director of Development Services
FROM: Christy Teague, Senior Planner
SUBJECT: 2301-2499 Seal Beach Boulevard
Panattoni Development and The Boeing Company
Mitigated Negative Declaration 05-4
Specific Plan Amendment 05-1
SUMMARY OF REQUEST:
City Staff received a letter from the Department of the Navy today regarding the subject
application and development. The Navy requested the following actions be taken to
mitigate security concerns:
I. The elimination of any clear hallway windows on the southeast side of the
building.
Matt O'Shea, representing Hampton Inn & Suites, has agreed to provide obscured
glass in the affected fixed windows at the ends ofthe corridors of the hotel. Navy
Public Affairs Officer Gregg Smith has agreed the provision of obscured glass would
satisfY this concern.
A condition of approval is recommended to be added to the City Council Resolution
to approve Specific Plan Amendment 05-1.
2. The placement of opaque fencing on base property, effectively blocking line-of-
site from the hotel to two station entrance gates. Panattoni Development Company
and subcontractor personnel are looking into the viability of providing this.
John Mehigan, representing Panattoni Development Company, and Gregg Smith,
representing the Navy, have agreed that approximately 50 linear feet of screen
fencing is adequate to provide the necessary visual block to each of the entrance
gates.
A condition of approval is recommended to be added to the City Council Resolution
to approve Specific Plan Amendment 05-1.
3. Reducing the trimming of trees along Seal Beach Boulevard, thus enhancing a
naturalline-of-site barrier between the hotel and station structures.
The tall Melaleuca trees have recently been trimmed along Seal Beach Boulevard.
Regular trimming occurs every few years to maintain the health of the parkway trees
and safety of pedestrians and motorists from broken branches or fallen trees. The
trees are in the City ofSea1 Beach right-of-way, and are maintained by the City. A
copy of this report and a copy of the letter from the Navy have been reviewed and
placed in the appropriate file for future reference.
RECOMMENDATION:
It is recommended the City Council approve this item with two conditions of approval
added to the City Council Resolution to approve Specific Plan Amendment 05-1:
14. Corridor windows facing southeast toward Seal Beach Boulevard shall be of
fixed, obscured glass. No clear or openable windows shall be permitted.
IS. The developer shall provide approximately 100 linear feet of screen fencing on
the Naval Weapons Station property to visually block the two entrance gates from the
hotel. A fencing plan must be approved by the Department of Navy and shall be
installed prior to the issuance of a Certificate of Occupancy for the hotel development
by the City of Seal Beach Building Department.
~"-
NOTED AND APPROVED:
Attachment: Letter from Department of the Navy dated December 12,2005
DEPARTMENT OF THE NAVY
NAVAL WEAPONS STAllON SEAL BEACH
8DD SEAL BEACH BLVD
SEAL BEACH, C....a7olO-soaa
IN REPLY REFER TO:
5726
Ser NOOW/0198
December 12, 2005
Ms. Christy Teague
Senior Planner
City of Seal Beach
211 Eighth Street
Seal Beach, CA 90740
Dear Ms. Teague:
This is in response to your November 22, 2005 Notice of
Public Hearing for Mitigated Negative Declaration 05-4, Specific
Plan Amendment 05-1, proposed Pacific Gateway Plaza complex.
The Department of the Navy has concerns regarding the
placement of a four-story hotel within line-of-sight of entrance
gates and other high-security zones aboard Naval Weapons Stati9~
Seal Beach. Individuals could use the hotel to conduct '
anonymous, long-term surveillance of station security and
ordnance operations.
Station personnel are in contact with both City of Seal
Beach and Panattoni Development Company representatives, and we
believe that our concerns can be addressed using the following
~fuitigation strategy:
(1) The elimination of any clear hallway windows on the
southeast side of the building.
(2) The placement of opaque fencing on base property,
effectively blocking line-of-site from the hotel to two station
entrance gates. Panattoni Development Company and subcontractor
personnel are looking into the viability of providing this.
(3) Reducing the trimming of trees along Seal Beach Blvd.,
thus enhancing a natural line-of-sight barrier between the hotel
and station structures.
I might also take this opportunity to remind city officials
of changes to public laws resulting from the passage of SB 1462,
which went into effect November 11, 2005. Under this legislation
city and county governments are required to notify; and if
necessary consult with, the military regarding planning and
development on property near Department of Defense installations.
5726
Ser NOOW!0198
December 12, 2005
Questions can be directed to my Public Affairs Officer, Mr.
Gregg Smith, at (562) 626-7215, or the Navy Region Southwest
Community Plans and Liaison Coordinator, Ms. Sheila Donovan, at
(619) 532-1253. I look forward to continuing our outstanding
relationship with the City of Seal Beach as we work together on
this and other areas of mutual concern.
2