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HomeMy WebLinkAboutCC Res 5790 2008-10-13RESOLUTION NUMBER 579 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 08-2, EAST BEACH SAND NOURISHMENT PROJECT, AND INSTRUCTING STAFF TO FILE APPROPRIATE DOCUMENTATION WITH THE COUNTY OF ORANGE ' THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: WHEREAS, the City of Seal Beach Public Works Department has submitted an application to receive up to 200,000 cubic yards (cy) of suitable material from an approved borrow site located about 0.4 mile from the beaches of Surfside Colony-Sunset Beach and approximately 1.5 miles from the East Beach project site (located on the east side of the Seal Beach Pier, between the pier and the Anaheim Bay west jetty). Material from the U.S. Army Corps of Engineers (USAGE) offshore borrow site near Surfside Colony in Sunset Beach would be pumped through a pipeline that would be submerged on the ocean floor. The designated fill compartment would have a maximum footprint of approximately 2,300 feet in length and a maximum width of approximately 510 feet. Implementation of the proposed project would occur during the 2008-2009 winter season or in early spring 2009. Total construction would occur over a period of approximately four weeks; and WHEREAS, Construction equipment on the beach would consist of one loader, one excavator, and two bulldozers. The pipeline utilized to move material from the borrow site to East Beach would consist of a steel tube approximately 24 inches in diameter that is constructed in 2 segments. The first segment would extend west from the dredge at the borrow site to a booster pump supported by a barge approximately 5,700 feet offshore; the second segment would extend shoreward (north) from the booster pump/barge to the sand- placement site on East Beach; and WHEREAS, staff 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 the subject Negative Declaration ended on July 23, 2008. The City received comments on the proposed Mitigated Negative Declaration from: ^ State of California, Governor's Office of Planning and ^ Research; California Department of Parks and Recreation, Orange Coast Division; State of California Native American Heritage Commission; California Department of Transportation, District 12; Southern California Association of Governments; ' County of Orange Department of Public Works; City of Huntington Beach, Planning Department; City of Seal Beach Environmental Quality Control Board; and WHEREAS, In addition, the City further determined to have Mitigated Negative Declaration 08-2 reviewed by the Planning Commission on July 9, 2008. At the July 9, 2008 meeting the City did not receive any comments from members of the Planning Commission or from a private citizen, and Resolution Number 5790 WHEREAS, the City's consultant has prepared a "Responses to Comments for the East Beach Sand Nourishment Project Initial Study/Mitigated Negative Declaration," dated September 2008, which document includes written responses to all of the above-received comments on the subject Initial Study/Mitigated Negative Declaration. A copy of that document was provided for the information of the City Council; and WHEREAS, the City Council considered the adoption of the subject Mitigated ' Negative Declaration 08-2, East Beach Sand Nourishment Project Mitigation Monitoring Program, and Responses to Comments documents, along with a Staff Report on October 13, 2008, and received additional public comments; and WHEREAS, the City has addressed each of the concerns within the Initial Study/Mitigated Negative Declaration document. NOW, THEREFORE BE IT RESOLVED, that the City Council hereby: Finds that there is substantial evidence in the record that the project may have a significant effect on the environment, but mitigation measures imposed herein would avoid or mitigate the effects to a point where clearly no significant effect would occur and there is no substantial evidence in the record that any significant effect would remain after mitigation. 2. Finds that approval of this project involves a potential for adverse effects, either individually or cumulatively, on wildlife resources and could have an adverse impact on fish and wildlife unless appropriate mitigation measures are proposed. The project consists of the placement of up to 200,000 ' cubic yards of suitable material from an approved borrow site located off- shore and placement of the borrow material on east beach. Mitigation measures to reduce identified impacts to "Less than Significant with Mitigation Incorporated" to spawning activities by the California grunion, a special status species, are proposed 3. Finds that there has been no evidence presented that Mitigated Negative Declaration 08-2 has been "substantially revised" so as to require recirculation under the California Environmental Quality Act. 4. Adopts Mitigated Negative Declaration 08-2 - East Beach Sand Nourishment Project. 5. Approves and adopts as conditions of approval the Mitigation Measures set forth in "Exhibit A" of this resolution for the East Beach Sand Nourishment Project. 6. Finds that the foregoing findings are based on substantial evidence in the record, including without limitation, the draft Mitigated Negative Declaration 08-2, staff reports and both oral and written testimony. The documents that comprise the record of the proceedings are on file with the Department of Development Services, 211 Eighth Street, Seal Beach. The custodian of ' said records is the Director of Development Services. 7. Instructs the Director of Development Services to file appropriate documentation with the County of Orange. Resolution Number 5790 PASSED, APPROVED AND ADOPTEC meeting hereof held on the 13th day of AYES: NOES: ABSENT: ABSTAIN: COUNCILMEMBERS by the City Council of Seal Beach, at a October , 2008 by the following vote: n .~ ~ _, n n ~~} Mayor ATTEST: it 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 5790 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 13th day of October , 2008. i y Glerk Resolution Number 5790 "EXHIBIT A" MITIGATED NEGATIVE DECLARATION 08-2: EAST BEACH SAND NOURISHMENT PROJECT ADOPTED MITIGATION PROGRAM, dated October 13, 2008 MITIGATION MONITORING PLAN Responsible Completion Timing Measure for MonRoring Date Initials Biological Resources 30 days prior to MM BIO-t initiation of Prior to initiation of construction construction activities, the City activities shall have a qualified Marine Biologist conduct a Caulerpa survey for the proposed pipeline route. The survey results and recommendations shall be documented in a Public Works report and submitted to the Department City, the National Marine Fisheries Service, and the California Coastal Commission within five days of completion of the field survey. The City shall ensure that all recommendations in the report will be implemented. Prior to start of MM BIO-2 construction Should construction occur activities on the during the grunion spawning project site season (as defined by the (if construction California Department of Fish occurs during the Game grunion calendar), prior grunion spawning to start of construction season) activities on the project site, the City of Seal Beach shall prepare and implement a beach nourishment grunion habitat protection plan to include: Using temporal best management practices Public Works (BMPs), such as avoidance of Department known spawning areas during grunion runs, in order to avoid disturbances to grunion spawning activity and to minimize damage to grunion spawning habitat; 1) Conducting pre- construction monitoring surveys within three weeks of proposed construction to determine the potential for grunion to use East Beach during beach nourishment activities; Resolution Number 5790 Responsible Completion Timing Measure for Monitoring Date Initials 2) Conducting grunion During construction monitoring during known (ifconstructidn grunion run activities while occurs durng beach nourishment grunion spawning activities are in progress to season) assess if specific sites on East Beach will be impacted; 3) Implementing avoidance Public Works measures, if feasible, to Department minimize impacts to specific areas of the beach if construction-period spawning is observed by berming off beach habitat within 100 feet of where spawning is observed; and 4) Conducting post-beach Post-construction nourishment grunion during grunion run spawning success monitoring surveys at any sites on East Beach that appear to be temporarily impacted by beach nourishment activity. The survey will be conducted at the first grunion run following completion of the nourishment activities. The Public Works survey results shall be Department included in a report that shall be submitted to the City of Seal Beach, the National Marine Fisheries Service, the California Department of Fish and Game (CDFG), and the California Coastal Commission within 30 days after the grunion run. Throughout MM BIO-3 construction During construction activities, if a sea turtle is on the beach, pumping operations may continue but beach construction activities on the Public Works beach shall be halted until the Department turtle is either (1) removed by a National Marine Fisheries Service approved Biologist or (2) is at least 100 yards offshore of the beach. Resolution Number 5790 Responsible Completion Timing Measure for Monitoring Date Initials Hydrology and Water duality Prior to initiation of SC WO-1 construction Prior to initiation of actvities construction activities, the City or its designee shall file a Notice of Intent with the State Water Resources Control Board (SWRCB) in order to obtain coverage under California's General Permit for Storm Water Discharges Public Works Associated with Construction Department Activity (NPDES No. CAS000002, Resolution No. 2001-046, or the latest approved general permit). Pursuant to the permit requirements, the City or its designee shall incorporate Best Management Practices for minimizing site runoff. Daily throughout MM WO-1 construction During construction, daily duration monitoring of turbidity during sand placement shall be conducted to ensure turbidity levels do not exceed ambient levels as measured (beyond one-quarter mile offshore at or downcoast of the placement site) for a prolonged period, assumed to be five days. If ambient turbidity levels within one-quarter mile are Public Works exceeded, the condition will be Department documented and placement may be modified to reduce turbidity. Turbidity plume observations shall be documented with photographs, and maps of maximum daily plumes shall be reported to the City after construction. Observations of swell, wind, and tide conditions shall also be recorded to correlate with turbidity condtions. Noise SC NOISE-1 Throughout Consistent with the City of construction Seal Beach Noise Ordinance (Section 7.15, Noise), noise- generating project construction activities shall be limited to the hours of 7:00 AM to S:QO PM Monday through Friday and from 8:00 AM to 8:00 PM on Public Works Saturday. Construction Department activities are not permitted outside of these hours, or on Sunday. The City of Seal Beach Director of Public Works shall be responsible for ensuring that the Contractor complies with these requirements. Resolution Number 5790 n Responsible Completion Timing Measure for Monitoring pate Initials Prior to MM NOISE-1 construction Prior to commencement of construction activities, notice shall be provided to surrounding residents within a 500-foot distance of the Public Works project site, regarding Department anticipated construction activity dates and times when substantial noise is anticipated to occur. Prior to distribution, the notice shall be reviewed and approved by the Director of Development Services. MM NOISE-2 To reduce construction-related noise impacts, construction shall be limited to periods of reduced noise sensitivity and thus reduce sleep disturbance and other noise nuisance potential. 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 AM and 8:00 PM on weekdays, between 8:00 AM and 5:00 PM on Saturday, and do not take place at any time on Sunday or local, State, or Federal holidays. MM NOISE-3 Prior to Building/Grading Permit issuance, the Building/Grading Plans 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 receptors, to the satisfaction of the Building Official; and • During construction and to the satisfaction of the Bulding Official, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors. Resolution Number 5790 Responsible Completion Timing Measure for Monitoring Date Initials MM NOISE-4 All construction-related noises will cease upon completion of the project Transportation/Traffic Prior to initiation of SC TRAF-1 construction Prior to initiation of construction activities, final design of the construction staging area shall be approved public Works by the Seal Beach Public Department Works Director after consultation with the California Coastal Commission and selection of the Construction Contractor. i i