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HomeMy WebLinkAboutPC Min 2003-05-21 . . . CITY OF SEAL BEACH PLANNING COMMISSION AGENDA for May 21, 2003 7:30 p.m. District 1 - Ellery Deaton District 2 - Jim Sharp District 3 - Gordon Shanks District 4 - David Hood District 5 - Phil Ladner Department of Development Services Lee Whittenberg, Director Alexander Abbe, AssIstant City Attorney Mac Cummins, Associate Planner Carmen Alvarez, Executive Secretary [J City Hall office hours are 7:00 a.m. to 6:00 p m. Monday through Thursday and Fnday 8'00 a.m. to 4:00 p.m. Closed noon to 1 :00 p.m. [J The City of Seal Beach complies with the Americans with Disabilities Act. If you need assistance to attend this meeting please telephone the City Clerk's Office at least 48 hours in advance of the meeting (562) 431-2527. [J Planning Commission meetings are broadcast live on Seal Beach TV3. They are rebroadcast on Sunday evenings, Channel 3 at 4:00 p.m. [J Videotapes of Planning Commission meetings may be purchased from Seal Beach TV3 at a cost of $20 per tape. Telephone: (562) 596-1404. [J Copies of staff reports and/or written matenals on each agenda item are on file in the Department of Development Services and City libraries for public Inspection. 1 . . . CIty of Seal Beach Planning CommIssIon · Agenda of May 21, 2003 PLANNING COMMISSION AGENDA INFORMATION SHEET The following is a brief explanation of the Planning Commission agenda structure: AGENDA APPROVAL: The Planning Commission may wish to change the order of the items on the agenda. ORAL COMMUNICATIONS: Anyone wishing to address the Planning Commission, only on items not on tonight's agenda, may do so during this time penod. No action can be taken by the Planning Commission on these communications on this date, unless agendized. PUBLIC HEARING ITEMS: Public Heanngs allow citizens the opportunity to speak in favor of or against agendized items. More detailed information is found in the actual agenda attached. If you have documents to distribute, you should have enough copies for all Planning Commissioners, City staff and the public. Please give one to the secretary for the City fIles. The documents become part of the public record and will not be returned. CONSENT CALENDAR: Consent Calendar items are considered routine items that normally do not require separate consideration. The Planning Commission may make one motion for approval of all the items listed on the Consent Calendar. SCHEDULED MA TIERS: These items are considered by the Planning Commission separately and require separate motions. These transactions are considered administrative and public testimony is not heard. STAFF CONCERNS: Updates and reports from the Director of Development Services (Planning and Building Departments) are presented for information to the Planning Commission and the public. COMMISSION CONCERNS: Items of concern are presented by the Planning Commissioners and discussed with staff. All Droceedinas are recorded. " 2 . City of Seal Beach Planning Commission Agenda for May 21, 2003 7:30 p.m. PLEDGE OF ALLEGIANCE II ROLL CALL III AGENDA APPROVAL By Motion of the Planning Commission, this is the time to: (a) Notify the public of any changes to the Agenda; (b) Re-arrange the order of the Agenda, and/or (c) Provide an opportunity for any member of the Planning Commission, staff, or public to request an Item IS removed from the Consent Calendar for separate action IV ORAL COMMUNICATIONS At this time, members of the public may address the Planning Commission regarding any Items within the subject matter JUrisdiction of the Planning Commission, provided that the Planning Commission may undertake no action or diScussion unless otherwise authorized by law V CONSENT CALENDAR . Items on the Consent Calendar are considered to be routine and are enacted by one motion unless prior to enactment, a member of the Planning Commission, staff, or the public requests a specific Item be removed from the Consent Calendar for separate action 1 Approve Planning Commission Meeting Minutes of May 7,2003 2 Minor Plan Review 03-7 24 Cottonwood Lane AppllcanUOwner Request Joe & Antonio DeBernardo/Llnc Housing LLC To construct a 2-story mobile home within the trailer park located off of First St The applicant proposes to bUild a 2-story modular Unit Recommendation. Continue Item to meeting of June 4, 3002 3 Minor Plan Review 03-8 516 Ocean Avenue AppllcanUOwner Request James Dunn To construct a deck Into the required setback area Under provIsion of Section 28-401, applicants may apply for a deck to extend up to 10 feet Into the required rear yard setback area under the Minor Plan Review process Recommendation Approval subject to conditions and adoption of Resolution 03-21 . VI SCHEDULED MATTERS 3 . . . City of Seal Beach Planmng Commission · Agenda of May 21, 2003 VII PUBLIC HEARINGS 4 Conditional Use Permit 03-3 133-133% Main Street Applicant/Owner Request Recommendation Melinda Marclullano/Leland M Garrison To Install a walk-up/take-out only 10 seats or less) restaurant on Main Street Specifically, the applicant has requested the ability to open an Italian dell that serves sandwiches and take-out food In addition to dell meats and cheeses Approval subject to conditions and adoption of Resolution 03-20 5 ReView of Boeing Integrated Defense Systems (BIDS) Specific Plan Seal Beach Boulevard and Westminster Avenue Applicant/Owner Request Recommendation VIII STAFF CONCERNS IX COMMISSION CONCERNS X ADJOURNMENT Boeing Realty Corporation Amend the Land Use, Open Space/Recreation/Conservation, HOUSing, and Circulation Elements of the General Plan, adopt the Boeing Integrated Defense Systems (BIDS) Specific Plan, amend the Zoning Map, and adopt a Precise Plan to accommodate the proposed land uses described In the Staff Report, and approve a vesting tentative tract map The BIDS Specific Plan proposes a mixed-use bUSiness park on 107 acres consisting of a variety of commercial/retail, hotel, restaurant, and bUSiness park uses Recommend certification of Final EIR and approval of subject requests to City Council With any amendments determined appropriate. 4 . June 4 June 18 July9 July 23 Aug6 Aug 20 Sept 3 Sept 17 Oet8 Oet 22 NovS . Nov 19 Dee 3 Dee 17 TO BE SCHEDULED: Q Study Session Q Staff Report Q Study Session Q Study Session. . City of Seal Beach Plannmg Commission · Agenda of May 21, 2003 2003 Aaenda Forecast Permitted Uses and Development Standards In Commercial Zones (5/6/98) Undergroundlng of Utilities ADA Handicapped-Accessible Restrooms Parking Issues In Old Town S . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CITY OF SEAL BEACH PLANNING COMMISSION Minutes of May 21, 2003 Chairperson Hood called the regularly scheduled meeting of the Planning Commission to order at 7:32 p.m. on Wednesday, May 21, 2003. The meeting was held in the City Council Chambers and began with the Salute to the Flag.1 ROLL CALL Present. Chairperson Hood, Commissioners Deaton, Ladner, Shanks, and Sharp Also Present: Deoartment of Develooment Services Lee Whittenberg, Director Alexander Abbe, Assistant City Attorney Mac Cummins, Associate Planner Absent: None AGENDA APPROVAL Mr. Whittenberg requested that Item No.2, Minor Plan Review 03-7 for 24 Cottonwood Lane be continued to the next scheduled meeting of June 4, 2003. Commissioner Shanks requested that the Minutes of May 7,2003 be removed from the agenda for further discussion. MOTION by Sharp; SECOND by Deaton to approve the Agenda as amended MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hood, Deaton, Ladner, Shanks, and Sharp None None ORAL COMMUNICATIONS Chairperson Hood opened oral communications. There being no one wishing to speak, Chairperson Hood closed oral communications. 1 These MInutes were transcnbed from audiotape of the meeting 1 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Planning CommIssIon Meeting Minutes of May 21, 2003 CONSENT CALENDAR 2. Minor Plan Review 03-7 24 Cottonwood Lane Applicant/Owner: Request' Joe & Antonio DeBernardo/Linc Housing LLC To construct a 2-story mobile home within the trailer park located off of First St. The applicant proposes to build a 2- story modular unit. Recommendation: Continue item to meeting of June 4, 3002. 3. Minor Plan Review 03-8 516 Ocean Avenue Applicant/Owner: Request' James Dunn To construct a deck into the required setback area. Under provision of Section 28-401, applicants may apply for a deck to extend up to 10 feet into the required rear yard setback area under the Minor Plan Review process. Recommendation: Approval subject to conditions and adoption of Resolution 03-21. MOTION by Shanks; SECOND by Ladner to approve the Consent Calendar as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hood, Deaton, Ladner, Shanks, and Sharp None None Mr. Abbe advised that the adoption of Resolution No. 03-21 begins a 10-day calendar appeal period to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 1. Approve Planning Commission Meeting Minutes of May 7, 2003. Commissioner Shanks noted that on Page 2, Line 46 of the minutes Chairperson Hood is noted as having voted on Item No. 3 when the minutes should reflect that he abstained from vottng. Chairperson Hood noted that although he was in attendance at the meeting of May 7,2003, he would abstain from voting on approval of the minutes to ensure there is no conflict of Interest. Staff noted the correction to the minutes. 2 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21,2003 MOTION by Shanks; SECOND by Sharp to approve the Minutes of May 7, 2003 as amended. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 4-0-1 Deaton, Ladner, Shanks, and Sharp None None Hood SCHEDULED MATTERS None. PUBLIC HEARINGS 4. Conditional Use Permit 03-3 133-133% Main Street Applicant/Owner: Request: Melinda Marciuliano/Leland M. Garrison To install a walk-up/take-out only 10 seats or less) restaurant on Main Street. Specifically, the applicant has requested the ability to open an Italian deli that serves sandwiches and take-out food in addition to deli meats and cheeses. Recommendation: Approval subject to conditions and adoption of Resolution 03-20. Staff Report Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He provided some background information on this item and noted that City Code does allow these types of restaurants subject to the Conditional Use Permit (CUP) process, provided there are no more than 10 seats. He noted that the plans show no more than 10 seats and in reviewing the plans, Staff finds them to be substantially similar to applications previously approved by the Planning Commission (PC). He stated that a typical concern related to these types of businesses is whether or not there will be a service Window. He said there would not be a service Window at Main Street and customers must enter the store to make their purchases. He stated that Staff recommends approval subject to conditions as outlined in draft Resolution 03- 20. 3 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21,2003 Commissioner Questions Commissioner Deaton asked If this business would be substantially like the pizza restaurant, which was approved at the Apnl 9, 2003 PC meeting. Mr. Cummins stated that as far as on-site food consumption, it is similar, however, Angelo's will also have an assortment of deli-type items for sale. Commissioner Deaton asked if the deli would have ItS own trash bin. Mr Cummins stated that it was his understanding that this site meets all of the concerns raised at the hearing for the pizza store. Commissioner Deaton asked if the deli would be required to have ItS own trash bin. Mr. Whittenberg stated that by the Orange County Health Code, the deli would be required to have a trash bin. Commissioner Deaton asked that this be added as a condition. Commissioner Shanks noted that Condition No.6 should be corrected, as the deli would have no outdoor dining area. Mr. Cummins noted the correction. Commissioner Shanks then stated that Condition No. 4 should state that no seats would be allowed outside the restaurant. Mr. Cummins explained that in order to acquire a permit for outdoor seating, the applicant would have to apply for a separate CUP. Commissioner Shanks noted that there is no condition clearly stating that wine or beer will not be sold. He asked that this be added as a condition. Public Heanna Chairperson Hood opened the public hearing. Ms. Boshana Jaworski, of RPP Architects, stated that she represents the applicant. She said the applicant has already ordered a separate trash bin for the establishment. She said she would be happy to respond to any questions. There being no one else wishing to speak, Chairperson Hood closed the public hearing. Commissioner Comments None. MOTION by Deaton; SECOND by Shanks to approve Conditional Use Permit 03-3 and adopt Resolution 03-20 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hood, Deaton, Ladner, Shanks, and Sharp None None Mr. Abbe advised that the adoption of Resolution No 03-20 begins a 10-day calendar appeal penod to the City Council. The Commissioner action tonight is final and the appeal period begins tomorrow morning. 4 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21, 2003 5. Review of Boeing Integrated Defense Systems (BIDS) Specific Plan Seal Beach Boulevard and Westminster Avenue Applicant/Owner: Request' Boeing Realty Corporation Amend the Land Use, Open Space/Recreation/ Conservation, Housing, and Circulation Elements of the General Plan, adopt the Boeing Integrated Defense Systems (BIDS) Specific Plan, amend the Zoning Map, and adopt a Precise Plan to accommodate the proposed land uses described in the Staff Report, and approve a vesting tentative tract map. The BIDS Specific Plan proposes a mixed-use business park on 107 acres consisting of a variety of commercial/retail, hotel, restaurant, and business park uses. Recommendation: Recommend certification of Final EIR and approval of subject requests to City Council with any amendments determined appropriate. Staff Reoort Mr. Cummins delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He stated that there are a number of things the PC is being asked to do with respect to the proposed Boeing development. He said that the PC will act as a recommending body to the City Council (CC) on the following: 1. Adequacy of the Final Environmental Impact Report (FEIR) under State law. 2. Proposed General Plan Amendments 3. Proposed Specific Plan and Zoning Map Amendments 4. Proposed Vesting Tentative Tract Map (VTTM) 5. Approve or deny a Precise Plan (Site Plan Review) The Associate Planner stated that Staff is proposing that the PC hold separate public heanngs on the different major areas of the proposed project. He noted that rather than present a massive amount of information In a 35-45-minute presentation, this would allow everyone to comment on their particular areas of concern and maintain more order than having a series of comments on a number of different issues. He proposed beginning with hearings on the FEIR starting with a Staff presentation, an applicant statement, and then the public hearing session. He said that after this the PC could deliberate and vote or not vote, depending upon the discretion of the PC. He indicated that the PC could then decide to have a public hearing including a Staff presentatIon on the General Plan and proposed Specific Plan Amendment (SPA) continuing the process with the Vesting Tentative Tract Map (VTTM), etc. He noted that the Intent was to focus the meeting into specific areas that seem to mesh, so that each member of the public and the PC can clearly understand the specific areas to be reviewed. 5 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Planning Commission Meeting Minutes of May 21,2003 Mr. Cummins began by noting the typical questions, comments, or concerns that might be expressed and where It would be most appropriate to make these comments. He stated that with regard to concerns about traffic, additional nOise, lighting and glare, etc., the appropriate time to address this would be during the public hearing for the FEIR. He said that for concerns over land use designations or long-range planmng for the City, these issues would be addressed at the hearing for the General Plan. Questions regarding building requirements and development standards would be addressed during the Specific Plan or Zoning hearing. He then indicated that Staff has several proposed conditions for the VTTM related to needed public infrastructure that have to do with street design, traffic signals, and sewer and water lines. He said that if the Specific Plan is adopted as proposed, each time Boeing wants to build out a portion of the site, they would have to submit to Staff a Precise Plan Review, which Staff will evaluate in conjunction With the Specific Plan to ensure that it meets all of the standards as required. The Associate Planner stated that for tomght's hearing Staff is presenting a proposal for the Precise Plans for Planning Areas 2 and 3 of the Boeing project. He said that this would be the time to voice concerns regarding slgnage, loading docks, etc. Mr. Cummins inquired if this procedure would be acceptable to the PC. Chairperson Hood asked for comments from the Commissioners. Commissioner Comments Commissioner Sharp said that the procedure sounded fine. Commissioner Ladner stated that the procedure makes a lot of sense. Chairperson Hood said that it is easier and that he hoped that the members of the public understood the proposed process. He explained that taking the process bit by bit might make it easier to understand. He emphaSized that everyone would have to focus his or her questions or concerns on the particular item under discussion. Commissioner Sharp asked about disclosure of any contacts With the public regarding this project. Mr. Cummins referred the question to Mr. Abbe. Mr. Abbe stated that there is nothing prohibiting the Commissioners from disclosing this information or not. He said that there would be no particular time in a meeting when it would be appropriate or not appropriate to reveal any such information. Commissioner Sharp stated that he represents a portion of Leisure World as well as across the 405 Freeway and although everyone seems to think that there is a lot of controversy regarding this project, he has had only one letter and one phone call and one personal conversation dealing with this project. Commissioner Deaton stated that she has received one letter regarding the Boeing project. Commissioner Shanks said that he had received one letter. 6 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 1; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Planning CommIssIon Meeting Minutes of May 21, 2003 Commissioner Lander said that he had received one letter and had one conversation with the same person. Commissioner Deaton asked If all of the topics mentioned by Mr. Cummins would be covered this evening. Chairperson Hood recommended covering the EIR and 2 of the 3 Planning Areas and continuing the remainder to the next scheduled meeting. Commissioner Sharp asked if the PC had a timeline to follow. Mr. Cummins stated that the PC has the discretion to continue items if they wish to deliberate further, particularly in light of what may be said dUring the public hearing. Commissioner Sharp confirmed that all discussion must end at 11 :00 p.m. Mr. Cummins said that the PC could set a time to stop the meetings if they wished to do so. Chairperson Hood quoted "The Planning Commission shall not consider any new agenda item after 11 :00 p.m. at any meeting. Not later than 10:45 p.m. at each meeting the PC shall reschedule the remaining agenda to a date certain between the present and the following Planning Commission meeting or vote at that particular time to continue the meeting until it is resolved. " Commissioner Shanks noted that the PC did not receive their agenda packets until Monday, instead of the normal Friday, so there was less time to review the documents. Final Environmental Impact Report (FEIR) Boeina Intearated Defense Systems (BIDS) Specific Plan Mr. Cummins began by reviewing the process for creation of an Environmental Impact Report (EIR) as required by the California Environmental Quality Act (CEQA). He stated that as the lead agency, the City completed an initial study on the project and within that process looked at the potential environmental impacts and determined that an EIR would be necessary. He explained that once this was determined the Environmental Quality Control Board (EQCB) conducted a scoping meeting to receive public comments, which were provided to the City's EIR Consultant, RBF Consulting, who then produced a Draft EIR. He reported that this Draft EIR was released for public comment at the end of 2002 Into the early part of 2003 and the City received a considerable amount of comments from a number of different public agencies and interested private citizens. He said that under State law, the City is required to respond in writing to every comment received, and the comments and responses are included in the FEIR. He indicated that the 45-day review period for the Draft EIR ended in February 2003 and comments received were considered and the Draft EIR was revised and the FEIR was then circulated prior to conducting the public hearings on the document. Mr. Cummins stated that both the EQCB and the Archaeological Advisory Committee (AAC) held a hearing on the document and have made their recommendations on the document. He indicated that the responsibility of the PC now IS to make a recommendation to City Council (CC) regarding the adequacy of the EIR under State law. 7 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 j 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21, 2003 The Associate Planner then explained that tonight the PC would receive input from the public regarding the environmental impacts disclosed in the FEIR. He said that this portion of the meeting is really not a forum to discuss the project itself, Le., the proposed land uses, types of bUildings, but rather if this project were to be constructed as proposed, are these the most likely environmental impacts associated with that development. He noted that there are a series of alternatives that were analyzed as a part of the FEIR. He continued by stating that after receiving public comment the PC will be asked to make a recommendation in the form of a resolution to CC on whether or not the document is adequate under State law. He noted that should the PC find that a portion of the document requires further review, it could also make this recommendation to CC. Mr. Cummins then provided a visual presentation of the project and explained the proposed uses for each Planning Area. Following the visual presentation Mr. Cummins explained that an EIR is supposed to inform decision makers and affected persons or agencies about potential significant environmental impacts and make proposals for reducing these impacts. He noted that the EIR IS also Intended to demonstrate to the public that under State law the environment should be protected. He indicated that the EIR is then generated and where feasible, mitigation measures are imposed to help lessen the environmental impacts to a level of non-significance, wherever possible. He stated that in some cases this is not possible, and in this situation CC can adopt a Statement of Overriding Consideration, where it can make specific findings acknowledging that certain environmental impacts will be significant, and also state the overriding considerations as to why the project should take place anyway. Mr. Cummins then noted the identified significant and unavoidable impacts as follows: >> Cumulative Traffic Impacts ~ Additional right turn lane from northbound Seal Beach Boulevard to eastbound Westminster Avenue - Realistically, it may not be feasible to comply with this proposed mitigation measure as this cannot occur without acquisition of Navy property on the Naval Weapons Station (NWS). ~ Traffic impact at the 405 Freeway overcrossing - The bridge widening project is uncertain due to funding and final approval of plans for widening of 22 Garden Grove Freeway. ~ Short- and long-term air emissions - Because Seal Beach is located within the Greater Los Angeles region it would be impossible for the City to comply with these types of standards. The Associate Planner then stated that the EQCB held a hearing on April 21,2003 and recommended that CC find the FEIR adequate under State law provided the following five (5) areas were more adequately discussed within the document 1. Reduce threshold under Air Quality Management District (AQMD) Rule 403, regarding wind duration and speed before construction would be halted. 8 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21, 2003 2. The Noise Analysis does not adequately address noise impacts both during and after construction. 3. Traffic analysis as described in the EIR does not reflect actual traffic conditions. Mr. Cummins reported that on April 23, 2003, the AAC reviewed the Cultural Resources Section of the FEIR and adopted a resolution recommending that the CC find the document adequate under State law and certify it as currently written. Mr. Cummins then explained that the PC will consider and ultimately make recommendations regarding the FEIR and the changes to the General Plan {GP}, adoption of the Specific Plan, and the VTTM. He said that subsequent to this the PC will either approve or deny with conditions a Precise Plan for Planning Areas 2 and 3. He said that once all PC heanngs related to this matter are complete, the City Council hearing would be scheduled. Mr. Cummins then introduced Mr. Glenn LaJoie of RBF Consulting. Mr. LaJoie stated that he was the Project Manager for the preparation and of the EIR and for managing the process. He briefly summarized some of the key points addressed related to the identified mitigation program as follows: 1. Mitigation identified for aesthetics and view shed impacts 2. Short-term construction impacts - On-site staging areas. 3. No mitigation for long-term effects with implementation of design standards presented in the Specific Plan. 4. Traffic mitigation identified for trip generation effects as well as affects on local roadways. 5. Mitigation identified for alternative access point at Apollo Drive. 6. Air quality mitigation for short-term construction emissions pursuant to South Coast AQMD Rules and Regulations. Mitigation included for long-term operational affects. 7. Noise mitigatIon presented for short-term construction effects as well as for stationary noise affects. 8. Mitigation for biological resources addresses special status species, jurisdictional waters, and marine sources. 9. Mitigation for archaeological and paleontological resources and for potential burial sites. A detailed mitigation plan has been added to the FEIR, which includes monitoring, notification, identification, and storage procedures. 10. Geology and soils mitigation includes addressing soil conditions, stability of soils, and seismic conditions once the development project continues through the City review process. 11. Hydrology and drainage mitigation for water quality dunng construction and at build out for drainage affects as well as post-construction water quality. 12. Health and safety mitigation addresses hazardous materials, including agncultural operations that have historically occurred on this site, as well as asbestos and lead paint effects. 13. Sewers and utilities mitigation addresses water, wastewater, and solid wastes. 9 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21.2003 Mr. Lajoie noted that Volume 2 of the EIR includes the Mitigation Monitonng Program, required by CEQA, and also includes the comments and responses received during the 45-day public review period. He read that "It has been concluded that the comments and response process does not result in changes to the significance conclusions on the issues. Areas are further clarified and mitigations further enhanced in the FEIR when compared to the Draft EIR." Commissioner Questions Commissioner Shanks stated that the traffic lights along Seal Beach Boulevard (SBB) are not coordinated and this would, theoretically, be a mitigating factor. He noted that traffIC counts were not taken at the two Leisure World (LW) entrances, which does not provide data on how much traffic enters and exits LW. Mr. Cummins stated that Signalization was discussed at the EQCB hearing and he reported at that time that getting traffiC signals timed correctly is more of an operational issue and comments on this issue have been forwarded to the City Engineer. With regard to the LW traffic counts, thIs intersection was identified as operating at a high level of service (LOS). Commissioner Shanks reiterated that he was surprised to see that nowhere in the traffic analysis does it document traffiC counts being taken at the two LW entrances. Mr. Cummins stated that he would investigate this issue while the public hearing is taking place. Commissioner Sharp interjected that he believes the signals at the Boeing entrances are demand Signals and are not synchronized with the other SBB signals. Chairperson Hood asked why traffic counts were taken only up to the onramp just north of the 405 Freeway and did not continue to Lampson Avenue. Mr. Rich Baretto, of Linscott, Law and Greenspan Engineers, stated that in setting up the study area the project percent impact from key intersections was determined. He said that the Response to Comments took this issue into consideration and the study area was then extended as far north as SBB and Katella Avenue. With regard to Commissioner Shanks' comments, Mr. Baretto stated that the two entrances to LW were also evaluated in detail in the Response to Comments. Commissioner Shanks stated that in the Noise Section he saw no discussion of pile driving. Mr. Lajoie responded that during the public hearing period he would complete some research on this to provide a precise answer to Commissioner Shanks' inquiry. Chairperson Hood commented that he is glad to see that traffic mitigation is to be included, however after the traffic control is turned over to the City, sometimes things go awry. He noted the traffic mitigation for SBB and Lampson Avenue that was supposed to be signalized, but he noted that every morning for the last six weeks, the left turn signal for people southbound on SBB wanting to turn left onto Lampson Avenue has been on a 35-second timer and is not a demand signal that creates a huge backup of cars. He then asked why did Boeing bother to put a hotel in as part of the project when It is probably not going to be constructed. He said that it is likely that the hotel would not 10 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 I 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21, 2003 fill during the 18-month window, so why waste time constructing it? Mr. Cummins stated that this is what was presented to the City and perhaps the applicant could speak to this. Public Hearina Chairperson Hood opened the public hearing. Mr. Clay Corwin, of the of Stonecreek Company, stated that Stonecreek is the representative for the Boeing Company on this project. He said that in terms of the EIR analysis his company representatives are present to respond to any questions from the Commission. In response to some of the comments, he stated that all of the construction on site would be on conventional spread footings and there would be no pile driving. He said that the proposed hotel in Planning Area 4 is not yet designed and that is why It does not appear in the Precise Plan package. He indicated that a 2-story, 100-120 room hotel is envisioned, also to be constructed on conventional spread footings. He noted that the hotel is proposed in response to discussions with City Staff and others within the City in terms of attempting to find mechanisms that would help the City wIth its fiscal challenges by at least permitting a land use that would drive some bed tax revenue. Chairperson Hood polled the Commissioners to determine if they were in favor of imposing a 5-minute limit to public comments. The Commissioners agreed to this. Mr. Edmund Loritz, a resident of LW, stated that the project would have a decided impact upon Mutual No. 2 because it faces Westminster Avenue. He said that it appears that there will be no way to cut down the traffic, which he believes will increase tremendously. He proposed that constructing a perimeter wall along this Side of LW could help reduce the noise from the increased traffic. He noted that LW is already planning on constructing a new wall, and recommends that the City petition the Boeing Company for additional funds for construction of the wall so that it can be made higher and serve as a sound wall. Mr. Loritz then asked why the drainage ditch In Planning Area 4 was to be eliminated? He said that he was present when flooding took place in LW, and that the County states that they will add another pump. He said that he does not understand why the County wants to eliminate a drainage source. Mr. Dave Bates, President of the Island Village Homeowners Association (IVHA), stated that this neighborhood would be directly impacted by the Boeing project. He said that in the past few months the IVHA has written several letters to the Boeing Company and the City of Long Beach expressing concerns about the EIR and development of the Boeing property and the negative impact it will have upon Island Village. He stated that after receiving a response to these letters, the IVHA stili believes that the response does not address its concerns and does not mitigate these impacts. He Indicated that thiS project would generate an additional 8,600 vehicle trips daily, 860 of which will be trucks. He said that traffic is already at gridlock, especially during rush hours. He noted that in his letter to Boeing, the Long Beach Traffic Engineer has reported "there is no 11 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Planning CommIssIon Meeting Minutes of May 21, 2003 agreement between the City of Long Beach and the City of Seal Beach regarding the feasibility of the suggested mitigation measures at the intersections of 2nd Street." He emphasized that there is no plan on what to do with traffic between the two cities. He encouraged the PC to assure the residents of Island Village (IV) Leisure World (LW) that some program has been put into place to mitigate these impacts before approving this FEIR. Mr. Bates stated that regarding noise and visual pollution, the residents of IV have the same concerns. He said it is exceedingly important that an acoustical/visual barrier of at least 15 feet, with landscaping on both sides like the one constructed when the Target Store was bUilt, should be erected on the westerly side of this project. Mr. David Lyon, a resident of LW, encouraged the PC to not make a recommendation of adequacy of this FEIR to City Council without modifications in the mitigation measures regarding traffic and noise and conditional land uses. He said that CEQA Title 14 California Code of Regulations, Section 15092B states that "if public agency shall not decide to approve or carry out a project for which an EIR was proposed, unless the agency has eliminated or substantially reduces all significant impacts where feasible." He stated that this has not been done. He read from Section 1503A of the regulations, which states, "the lead agency must consider the EIR the heart of CEQA." Mr. Lyon said the EQCB found the FEIR to be inadequate because of the long-term noise and traffic impacts and the inadequate mitigation measures. He noted that no mention is made in the Staff Report of double left-turn lanes at the intersection of Seal Beach Blvd. (SBB) and Westminster Avenue. He remarked that at previous hearings it was stated that the City would be providing for double left-turn lanes at this intersection. He then referred to Page 8 of the Staff Report and questioned the mention of a second proposal for additional industrial sites at the 405 Freeway and SBB. He noted Page 20, Table 4, and asked that the lines for heliports, maintenance and service facilities, automobile service centers, and facilities for sports related activities be deleted and not permitted under any circumstances. He referred to Page 25 and asked why the cumulative traffic effects of the Old Ranch Town Center and the Hellman Ranch development are not discussed. He asked that the PC bear in mind that the average age of residents in LW IS 78. Mr. Jerry Olivera, Environmental Planner for the City of Long Beach, stated that he wished to reiterate some of the comments made by Angela Reynolds, Acting Environmental Officer, in her letter drafted in February 2003. He said that significant traffic impacts would occur at the intersections of 2nd Street and Pacific Coast Highway (PCH) in Long Beach, and the intersection of Studebaker Road and Westminster Avenue. He stated that the position of the City of Long Beach is that the proposed mitigation is Inadequate. He noted that the response to comments received by the City of Long Beach, there was a comment stating that the project applicant would not be responsible for off site traffic improvements, but that the City of Seal Beach would pay traffic impact fees to the City of Long Beach for mitigation for traffic improvements. He said it is not certain whether these fees would cover the cost of traffic improvements, especially if rights-of-way are to be acquired in order to proceed. He stated that the City of Seal Beach's own EQCB has also stated that the long-term traffic analysis and proposed mitigation is inadequate and the City of Long Beach is in agreement with thIs. 12 , . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21, 2003 Mr. A. J. McCarty, a resident of LW, stated that he agrees with the prevIous speakers regarding the problems of noise and traffic. He recommended continuing Apollo Drive all the way from SBB to Westminster Avenue at the beginning of the project to help alleviate some of the traffic problems. He stated that SBB and Westminster Avenue should be restudied in order to decide what to do with that. He recommended that CC speak with representatives of Boeing and the Golden Rain Foundation regarding uSing Beverly Manor Road as one of the access roads to LW. He suggested that Boeing help with the cost of fixing this road for use as an entrance/exit to LW. Mr. David Rosenman stated that he believes his remarks were fairly accurately covered in the transcript of the minutes of the EQCB meeting. He said he did not receive an official response to his comments on the DEIR until approximately 5 days after the hearing, which IS of limited utility. He said that after the last EQCB meeting he spoke with representatives of Linscott, Law & Greenspan (LLG) to express his concern regarding the mobility of emergency vehicles during rush hour between the 405 Freeway and the new Hellman project. He stated that LLG had said that they had spoken to police and fire department contacts that stated that this would not be a problem. He said he also spoke to volunteer firefighters as well as several police officers and found that there needs to be a more careful look taken at getting an ambulance from Old Town to Long Beach Memorial Hospital or Los Alamitos Hospital. He noted that overriding considerations are not really a good way to deal with this issue. He stated that during the testimony for the Bixby Ranch Project residents heard about improvements to be made to the 405 Freeway bridge and the signaling that would take place prior to the shopping center being built, but this has not yet occurred He said were he the mayor of Seal Beach he would have the Boeing Company provide the funds to widen the bridge overcrossing and fix the on and off ramps as part of this project. Mr. Jack Michaelson, a resident of LW, questioned why a heliport and sports facilities would be included in a project like this. He noted that helicopters create a lot of noise and such a proposal should not be considered. Mr. Charles Gillard, a resident of LW, stated he does not oppose the project, but in reading the EIR and attending the last meeting there have been some misnomers. He said the traffic turn lane is not a no-win deal. He noted that at Port Hueneme the Navy gladly gave them the land to make a turn lane for the same type of purpose. He questioned what would be done to mitigate the foxes and rabbits on the project site. Mr. Gillard then noted that there are approximately 10,000 cars entering and exiting LW at SBB, which is quite significant. He noted that many of the LW residents use hearing aids, which amplify sound making it more severe than it might be to younger residents. He asked why there IS a rush to vest the maps? He asked why a tract map without the vesting could not be used. Ms. Carol Franz, a resident of Mutual 2 In LW, stated that the noise along the wall near Mutual 2 must be taken into consideration. She said that there would have to be a Variance to allow for a sound wall higher than the 10-foot maximum allowed by the City. 13 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21, 2003 She stated that noise mitigation is not sufficient Ms. Franz indicated that this project would generate a large amount of traffic including trucks, which will create a tremendous amount of noise for residents living along the adjacent perimeter of LW. She said that she does not oppose the project, but would like to see the noise issue more adequately addressed. Mr. Mike Hidalgo, a resident of Island Village, noted that the Staff Report states that SBB may have unavoidable impacts related to the widening of the 405 Freeway. He said that he does not see the 405 Freeway overcrossing being expanded any time soon. He indicated that the EIR has not thoroughly evaluated traffic impacts and no acceptable solutions have been provided. He noted that the Staff Report states that the affected Intersections currently show a LOS of D and E and will be adversely impacted by the project. He recommended downsizing the project to help reduce traffic impacts. Mr. Dennis Webster, a resident of Island Village, stated that the EIR does not adequately address how this mixed-use project will work. He said that with warehousing, industrial, and commercial/retail there Will be a variety of vehicles entering and exiting the area and creating more traffic impacts. He noted that although the City wishes to generate revenues this project would create a great impact upon the area. Mr. Clay Corwin stated that with regard to the intersection of SBB and Westminster Avenue, after the September 11 attacks on the United States, the proposition of acqUiring Navy land has become a very difficult proposition. He said that yesterday he did meet With the local representatives of the Department of the Navy to begin the process to see if anything can be done. He noted that it would probably be a long and laborious one, and may not be successful. Mr. Corwin then discussed the suggestion for alleviating future traffic by completing the proposed connection of Apollo Drive now as opposed to a future date. He said that this has been proposed as a future connection as some of Planning Area 2 is currently occupied by existing Boeing facilities. He indicated that a decision has not been made as to whether these faclhtles are to be surplused to allow for demolition for new development to occur. He noted that due to sensitive security issues on this campus in terms of research and development, there is no assurance that this proposed solution could be implemented today. Regarding the comments on noise, land use, and permitted uses Mr. Corwin noted that at the City's insistence there are provisions in the proposed Specific Plan that give the Planning Commission and the Director of Development Services ultimate authority when a user is Identified for a particular parcel or building to require follow-up noise studies to determine whether additional mitigation will be required. Commissioner Shanks asked if there were any plans to sell or lease the new bUildings. Mr. Corwin stated that the plan currently is to sell. Commissioner Sharp asked if the plan is to sell the buildings or to sell the land. Mr. Corwin stated that the program is to sell the lots, as noted In the Specific Plan. He noted that five of these lots are in Planning Area 2 and mayor may not be bUildable depending upon whether the existing facilities are surplused and demolished. He 14 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21, 2003 reiterated that the plan is to subdivide, bUild out the roadways and master Infrastructure, wet and dry utilities, and to sell the lots to end users. Commissioner Shanks asked if guidelines have been established for maintaining the harmony and consistency of the appearance of these buildings. Mr. Corwin explained that the Specific Plan is very specific in terms of design guidelines and development standards, down to detailed landscaped requirements, elevations, height limitations, sign requirements, etc. He said that the focus behind the Specific Plan is to benefit the City, the community, and Boeing. He Indicated that the Specific Plan ensures that anyone who comes in must build to the specified standards. Commissioner Shanks noted that If the lots are going to be individually sold with individual construction extended over a period of time this would translate into a longer period of increased construction noise for residents of LW. He said that If construction of all the buildings is to take place at one time and the lots sold afterward this would mean that construction nOise impacts would occur over a shorter period of time. Mr. Corwin noted that from a development perspective there are 3 lots that front Westminster Avenue, with many of the lot progressing further south away from LW. Commissioner Sharp asked the Associate Planner if Boeing is selling the lots and the City is placing specific conditions on how the buildings are to be constructed when a new owner comes in and is ready to construct a building, under what conditions would this come before the Planning Commission for review. Mr. Cummins stated that this type of scenario is currently outlined in the procedural section of the Specific Plan and states that a Precise Plan approval would be required. He noted that this would be presented in detail during the Specific Plan discussion. Commissioner Deaton asked Mr. Corwin to address the drainage channel issue. Mr. Corwin stated that he is not familiar with thiS issue. He said that the EIR and the City have identified a "ponding issue" after a storm event near the light at Road C at SBB. He noted that there is not a drainage ditch there, but simply a backup due to inadequate drainage in the curb and gutter in the street. Commissioner Deaton then asked Mr. Corwin to address the drainage areas within the property that will not be built on due to them being wetlands. Mr. Corwin explained that there are 3 man-made earthen drainage ditches on the property, which run east thru west through the raw land in what IS identified as Planning Area 3. He said that these ditches go back to the original development of the property in 1966 by North American Aviation and were dug to surface drain the developed areas to the east. He noted that the south and central ditches have identified some vegetative habitat that by CCC standards might be considered wetlands, and would likely be preserved. He said that thiS same analysis has determined that the northerly ditch is not a wetland and would be incorporated into the development plan. Commissioner Sharp said that he suspects the drainage ditch that was discussed IS the one on the north side of Westminster Avenue. He stated that since this property has reverted back to LW there has been talk of installing underground pipe drainage so that 15 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21,2003 the ditch can be covered, eliminating it as a possible traffic hazard. Mr. Corwin noted that he is not aware of this issue. Commissioner Shanks stated that along Planning Area 1, which is where the large building is, whenever it rains the right-hand lane along SBB usually get flooded. He asked if measures would be taken to prevent this flooding. Mr. Cummins stated that there is a proposed condition on the VTTM that specifically addresses this issue and this issue can be presented during the discussion of the VTTM. Commissioner Ladner confirmed that Boeing would be selling only the lots with the new owners then being responsible for the construction of buildings. Mr. Corwin confirmed that this was correct. Commissioner Ladner asked if a timeline for the sale of the lots had been established. He said that if there is no timeline, construction could conceivably go on for several years. Mr. Corwin responded that Boeing is not in the real estate business per se and this program is designed to dispose of a surplus corporate asset. He said that Boeing's motivation is to sell the lots as rapidly as the market will permit and reinvest the funds into their core aerospace business. He noted that from a purchaser's perspective, typically a developer would not purchase this land and then just sit on it. He said that Boeing would like to complete the sale of lots within 2 years after recording of the final map with the City. Commissioner Ladner commented that LW would be subjected to construction noise for at least 2 years or longer. Mr. Corwin noted that in terms of short-term construction impacts this would be true, but aside from the 3 lots that front Westminster Avenue, most of the construction would move away from LW. Commissioner Ladner then asked if there would be more than one exit from the development. Mr. Corwin stated that on Westminster Avenue as part of the road improvement plan there is a 600-foot deceleration right-hand turn lane heading west to east that allows two access points to the business park, one between lots 2 and 3 and one at Apollo Drive. He said that under the proposed plan and mitigation measures and map conditions from the City, the signal at Apollo Drive would be fully improved, and off of SBB there is an entrance at Apollo Drive with a deceleration lane going east to west on SBB as a proposed traffic mitigation measure. He noted that the signal currently at SBB and Apollo Road A would also be improved to current city standards, with a new signal installed at Adolfo Lopez Drive and SBB. Commissioner Ladner asked if Mr. Corwin had any idea how many cars would be exiting the business park at 5:00 p.m. each day. Mr. Corwin said that this information appears in the traffic impact analysis and he would provide this information to the Commission. Commissioner Ladner then asked if a right-turn lane and two left-turn lanes would be provided on Apollo Drive for traffic transitioning onto SBB. Mr. Corwin said he did not believe there were double left-turn lanes exiting the business park, but he deferred this information to the traffic engineer. Mr. Baretto, the traffic engineer, explained that the northbound approach from Apollo Dnve at Westminster Avenue would provide two northbound left-turn lanes and a single right-turn lane for a total of 3 outbound lanes. He stated that the configuration would be the same for SBB for the outbound approach from Apollo Dnve. Mr. Corwin stated that unless and until the Apollo Drive future connection is completed, the current circulation off of SBB accesses two and at maximum four buildings, and one of them is accessed from Adolfo Lopez 16 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21, 2003 Drive. He noted that on the northerly end of the project, depending upon what happens in Planning Area 2, there might be as few as 4 and as many as 7 buildings accessed from Westminster Avenue. Commissioner Ladner asked if Boeing would have control over what is to be constructed and the types of businesses that would inhabit the buildings. He noted that depending upon the type of business, noise and air pollution could be a problem. Mr. Corwin stated that the Specific Plan replaces the existing Light Manufactunng (M-1) zoning for this site and has cleaned it up to remove some of the more offensive uses and includes enhanced development standards and design guidelines. He said that in terms of compliance with use of hazardous materials, noise, air quality, etc., the City permitting process would govern these. He noted that the Specific Plan provides the requirement that once an end-user is identified, further noise studies must be completed to identify actual noise attenuation that might be needed. He emphasized that because Boeing will continue to occupy, they are also concerned that the surrounding businesses are quality operations and are compatible. Commissioner Deaton noted that if Boeing sells the parcels, then it loses control over them. Mr. Corwin stated that as far as direct ownership control, this would be correct, however, the Specific Plan then becomes a site-specific zoning document and includes very detailed design guidelines and development standards that run with subsequent owners. He said that the business park would also have a property owners association comprised of those owning the lots that would be responsible for common area maintenance requirements, including the water retention basin areas, and will have its own CC&Rs to ensure that properties are well maintained. Chairperson Hood reminded the Commission that the discussion tonight must focus on the adequacy of the FEIR. There being no one else wishing to speak, Chairperson Hood closed the public hearing. Commissioner Sharp requested a short recess. The Commission recessed at 9:25 p.m. The meeting reconvened at 9:35 p.m. Chairperson Hood reopened the public hearing. He explained that the reason for reopening the public hearing is to prevent having to re-notice this item for the continuation of the discussion at the next scheduled meeting of June 4, 2003. Commissioner Deaton requested that notice of continuing the meeting be published in the Sun Newspaper. Chairperson Hood asked Staff to provide parallels to the Target Store with regard to sound screening. Mr. Cummins stated that the EIR sets forth mitIgation measures that state that when the end user is known, a noise study is to be submitted to the City. He said that the noise study must have necessary noise mitigation associated with it to meet the noise thresholds identIfied within City Code. He indicated that if the noise study requires a sound wall, the Department of Development Services would then 17 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21, 2003 require this of the end user applicant. Chairperson Hood expressed the concern that once the project is approved, individual building plans will not be brought before the PC for review. Commissioner Deaton asked if the studies done on the lots for this project would be cumulative or simply based upon the individual parcels? Mr. Whittenberg stated that until the use is identified with the type of noise generation factors that may result from the business operation, it would be difficult to provide an adequate response as to how cumulative something may be. He said that the EIR at this point evaluates traffic noise impacts from business operations, assuming certain trip generations based upon business park uses, and already includes an analysis for trucks and cars, but does not include impacts that may result from such items as trash compactors that may be a part of a particular use. He noted that the EIR does include provisions that require these types of uses to be located close to the loading dock areas and also for provision of a supplemental nOise analysis. He said that background noise levels around each particular facility at the time of the study must be included as part of the noise analyses. He noted that the Noise Consultant would be able to provide further clarification on cumulative noise impacts if the Commission so desires. Commissioner Deaton asked whether the problem might be mitigated if the City had some way of working with the property owners association on cumulative noise. Mr. Whittenberg stated that these are Issues that would be addressed as site-specific uses become known. Commissioner Deaton asked how this could be enforced. Mr. Whittenberg indicated that the mitigation measures in the FEIR require future noise analyses be done and are also conditioned on the VTTM and there are also proposed conditions on the Precise Plan approvals for each of the buildings on the project. Chairperson Hood inquired if approval of the VTTM would mean that the City would relinquish subsequent approval of what goes into the project. Mr. Whittenberg stated the VTTM allows the project applicant the authority to subdivide his property in accordance with that plan, and basically what that says is that if the City were to change the subdivision requirements after the map has been approved, but before it has been recorded, the applicant would still be able to record his map. Chairperson Hood asked what the Precise Plan would do. Mr. Whittenberg stated that the Precise Plan and the Specific Plan deal with building locations, landscaping, number of parking spaces, hours of operations, etc. Chairperson Hood asked that the Associate Planner respond to some of comments made by Mr. Jerry Olivera from the City of Long Beach. Mr. Cummins stated that when traffic impacts are identified in a neighboring city, the City of Seal Beach has no authonty to demand that the neighboring city complete improvements in a specific manner. He explained that a fair share traffiC impact fee program eXists and in this case the City of Long Beach engineers have developed their fair share impact fee program showing that the Boeing project will have some impact upon those intersections specified within the traffic study. Boeing, therefore, would be responsible for paYing their "fair share" of fees into the Long Beach impact fee program, and Long Beach city officials would then make the determination as to whether or not those monies should 18 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meeting Mmutes of May 21, 2003 go towards improving those specific intersections or towards other projects within the city. Commissioner Sharp stated that he has spoken to the President of Mutual 2 and the President of the Golden Rain Foundation and they confirmed that they are planning to replace the wall surrounding LW. He said that many of the apartments close to the existing wall enjoy the nice ocean breeze and none of the LW residents that he has spoken to recommend that the height of the wall be increased. He stated that they all feel that the height of the existing wall is adequate. He said he would question the comment made earlier that 10,000 cars enter and exit LW daily as LW has approximately 9,000 residents, one-third of which do not drive or own automobiles. Chairperson Hood posed a theoretical Case No. 1 where two neighbors own adjoining properties and development of each property requires an EIR. Property Owner A commissions an EIR and the person completes his building. Two years later Property Owner B commIssions an EIR and the person completes his building. In Case No.2 Property Owners A and B decide to do their building together and commission a single EIR for that development. He asked whether there is a difference in impact when the development is separated by time? Mr. Glenn LaJoie stated that it is quite common in the business of preparing EIRs to have two separate properties under one project analysis. He noted that whether this is due to property ownership or phases of development it is a common scenario. He said that when you develop your understanding of the project description, there is a provision of CEQA in which you identify phasing. He explained that phasing is the basis to define the opening year of an individual project and then identify a buildout year. He noted that it is imperative in the project description to call out what the project is, if there is a separation and the timeline pursuant to a phasing scenano. Chairperson Hood asked Mr. LaJoie whether he was instructed to write the EIR as if the development would be one development or a phased development. Mr. LaJoie stated that the EIR analysis was pursuant to a phasing program. Chairperson Hood inqUired as to how many years the EIR analysis covers. Mr. LaJoie referred to Page 3-23 of the EIR to Section 3.5 Phasing, which identifies the buildout scenario for each of the planning areas and a timeline for completion by the end of 2006. Commissioner Deaton asked whether the traffic signals are or are not synchronized. Mr. Cummins introduced Mr. Bill Zimmerman, the City Traffic EngIneer. Mr. Zimmerman stated that portions of SBB do have synchronized signals up to Road A on SBB, which is an older type controller. He then indicated that from Road C to the 405 Freeway the signals are synchronized, and north of the 405 Freeway along SBB, signals are synchronized. He noted that the signals along Westminster Avenue are still on time base coordination and on demand. CommissIoner Deaton asked if the signals at the LW entrances are timed. Mr. Zimmerman stated that they are. He explained that the timing sequence for the signals, excluding LW, are on a 120-second cycle, and for the LW area they are on 60-second cycles. Commissioner Deaton asked if this means that these signals are not synchronized. Mr. Zimmerman responded that they are synchronized but are on a half cycle and do conform to the synchronization of the 19 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21, 2003 corridor. Commissioner Deaton asked if Mr. Zimmerman sees other options for possible mitigation measures, other than those that appear in the EIR. Mr. Zimmerman stated that as part of the improvements to the Boeing property, most of the signals along Westminster Avenue as well as the signal at Road A will be upgraded to current standards, which will allow synchronization of all signals along SBB and introduce synchronization along Westminster Avenue. He noted that the City is also proactive in developing a traffic management system that allows management of traffic on a citywide basIs so that it can be monitored daily and adjustments can be made. He stated that a project on the 405 Freeway overcrossing IS pending to make improvements to the ramps as well as the intersections of those ramps, which will allow for connection and coordination of those signals. Commissioner Deaton asked how soon these improvements are scheduled to begin. Mr. Zimmerman stated that the City has just received the approved project report from CalTrans and is now in the preliminary stages of circulating a Request for Proposals to select a design consultant. Chairperson Hood asked If it would be appropriate to consider downsizing as a mitigation measure. Mr. Cummins stated that a "No Project" alternative has been identified within the EIR. Chairperson Hood commented that downsizing might help reduce or eliminate an unmltigatable impact. Mr. Cummins stated that with regard to the traffic impacts that have been categorized as unavoidable, he doesn't believe that a reduced project would have the impact that would make this a completely nonsignificant issue. Chairperson Hood noted that what the Associate Planner is stating is that if even one building were constructed, this would create a significant impact. Mr. Whittenberg stated that the Traffic Consultant should address this issue as the EIR evaluates future traffic without the project. Mr. Baretto stated that no project or a reduced project would result in the same traffic impacts as the proposed project. He indicated that traffIC conditions would stIli be adverse as projected to the 2006 hOrizon year. Mr. Whittenberg referred to Page 5.3-53 of the EIR and noted that it shows a 2006 peak hour capacity analysis, which shows that in the year 2006 at the 405 Freeway and at Westminster Avenue/SBB even if there is no project, significant impacts will still occur at these Intersections and at those in Long Beach as a result of general population growth. CommiSSioner Deaton asked whether opening of Beverly Manor Road is mentioned as an alternative for mitigation. Commissioner Sharp interjected that Beverly Manor Road is open now and it is possible to enter LW with bicycles and electric cars. He said that If this road were to be opened to automobiles it would require revamping the entrance and having an attendant on site from 7:00 a.m. to 9:00 p.m. to monitor the gate, which would create additIonal expense for LW. Commissioner Deaton asked if the entrance could have an electronic gate operation. Commissioner Sharp noted that this type of operation might no be feasible for the age group of this population. Mr. Whittenberg noted that traffic may be dispersed as it comes out of LW, but it still goes onto SBB, so the number of vehicles on SBB is not affected. He stated that the EIR analysis shows that the existing impacts at both current entrances to LW operate at a LOS A or B today, and the City does not anticipate that these will change based upon the BoeIng project because employees will not be entering or exiting LW to any great 20 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 i 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .. CIty of Seal Beach Plannmg CommIssIon Meetmg Mmutes of May 21,2003 extent. He said that from a traffic impact issue, It really doesn't change the analysis along SBB as to where the major unmitigable impacts are. He reminded the Commission that the reason the impacts are unmitigable is because the City cannot acquire property from the Navy nor the 405 Freeway bridge can be widened by the year 2006. CommissIoner Deaton requested clarification on what a vote on adequacy would entail. Mr. Whittenberg explained that a recommendation of adequacy means that the PC is stating that the EIR provides the Information that City Council needs in order to make an Informed decision, and as part of that information, it indicates that as currently identified there are no ways to eliminate impacts at those intersections. He emphasized that a vote of adequacy does not reflect agreement or disagreement with these determinations. He stated that the EIR is basically a public disclosure document identifying the environmental impacts of a proposed project and the mitigation measures proposed to eliminate those impacts to the extent practicable. Commissioner Shanks stated that the EIR does underestimate some of issues and he noted that tracking throughout this document was very difficult. Mr. Whittenberg stated that in considering this recommendation the PC does not bind itself to any future decision on the project itself one way or the other. MOTION by Sharp; SECOND by Shanks to recommend to City Council that the Boeing SpecIfIc Plan Final Environmental Impact Report is adequate as written. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hood, Deaton, Ladner, Shanks, and Sharp None None MOTION by Sharp; SECOND by Deaton to continue the public hearing for Review of Boeing Integrated Defense Systems (BIDS) Specific Plan to the next scheduled meeting of June 4, 2003. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Hood, Deaton, Ladner, Shanks, and Sharp None None STAFF CONCERNS None. 21 . 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 . 25 . City of Seal Beach Plannmg Commission Meetmg Mmutes of May 21,2003 COMMISSION CONCERNS Commissioner Sharp asked if the current color of the buildings for Sunrise Assisted Living is to be the final color. Mr. Whittenberg reported that this was not the finished color. ADJOURNMENT Chairperson Hood adjourned the meeting at 10:20 p.m. Respectfully Submitted, C'~~~o AA ~_ Carmen Alvarez, Executive Secretary Planning Department APPROVAL The Commission on June 4, 2003, app~ the Minutes of the Planning Commission Meeting of Wednesday, May 21, 2003. . 22