HomeMy WebLinkAboutPC Res 03-28 - 2003-06-18
RESOLUTION NUMBER 03 - 28
OR/: ,
Of/VI/I.
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
APPROVING PRECISE PLAN 03-1 FOR THE
BOEING INTEGRATED DEFENSE SYSTEMS
(BIDS) PROPERTY
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOLVE:
Section 1. Boeing Realty Corporation (the "Applicant") filed an
application with the Department of Development Services for a precise plan to develop
the Boeing Integrated Defense Systems site. The proposed Precise Plan depicts 913,000
square feet of industrial, business park and office area for Planning Areas 2 and 3 of the
BIDS Specific Plan. The area IS separated into twelve building pads, and other ancillary
facilities, including an SCE Substation, streets, drainage and flood control facilities,
approximately 1,974 parking spaces and landscaping. The Precise Plan is designed to
implement a portion of the Boeing Integrated Defense Systems ("BIDS") Specific Plan
Project (the "Project"). Related Project applications include applications for a Specific
Plan, a General Plan amendment, and a Zone Change. The approval of this Precise Plan
is subject to and contingent upon the Seal Beach City Council's approval and adoptIon of
such other Project applications.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ Il.B of
the City's Local CEQA Guidelines, the Planning Commission determines as follows: The
applIcation for Precise Plan 03-1, a 61-acre business park is within the scope of the
Project analyzed in the Boeing Specific Plan Project Environmental Impact Report (the
"EIR").
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Section 3. A duly noticed public meeting was held before the
Planning Commission on May 21, 2003 and continued to June 4 and June 18, 2003, to
consider the application for Precise Plan 03-1.
Section 4.
The record of the hearings indicate the following:
(a) Boeing Realty Corporation (the "Applicant") filed an application
with the Department of Development Services for approval of a precise plan to develop
Planning Areas 2 and 3 of the BIDS Specific Plan located on the south side of Westminster
Avenue and on the west side of Seal Beach Boulevard.
(b) The proposed Precise Plan depicts 913,000 square feet of
industrial, business park and office floor area separated into twelve building pads, SCE
Substation, streets, drainage and flood control facilities, approximately 1,974 parking
spaces and landscaping. (City Attorney)
(c) Planning Areas 2 and 3 are located south of Westminster A venue on
the west side of Apollo Drive. Planning Area 2 consists of approximately 16 acres.
Planning Area 3 consists of approximately 45 acres.
(d) Surrounding land uses and zoning are as follows:
NORTH:
Westminster Avenue and the Leisure World Retirement
Community.
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SOUTH:
Industrial (Accurate Metals); and City Police Station, City
Public Works yard and other City facilities, and Animal Care
Center on the south side of Adolfo Lopez Drive.
WEST:
Los Alamitos Retarding Basin and Island Village residential
community within the City of Long Beach.
EAST:
Retail cOlmnercial center, Seal Beach Boulevard and Seal
Beach Naval Weapons Station.
( e) The Precise Plan IS consistent with the General Plan, as
recommended to be amended, which designated the property BIDS Specific Plan for
industrial, business park and office uses.
(f) The "Mitigation Monitoring Program" adopted in connection with
the EIR establishes a number of specific action measures which have been proposed to
reduce the identIfied enviromnental impacts to a level of insignificance in relation to the
Project. In addition, the Precise Plan has been further revised in accordance with the
conditions of approval contained in ~6 of this resolution.
(g) The proposed Precise Plan, as revised, complies with all City
standards regardmg mimmum lot size, building setbacks, lot coverage, building height
(except for those architectural features requiring height variation approval), landscaping, and
parking requirements.
(h) Required adherence to applicable building and fire codes, along with
those mitigation measures related to utilities and water, will ensure there will be adequate
water supply and utilities for the proposed use.
Section 5. Based upon the facts contained in the record, including
those stated in ~4 of this resolution and pursuant to the City Code, the Planning
Commission makes the following findings:
(a) Precise Plan 03-1 is consistent with the provisions of the Land Use
Element ofthe City's General Plan, as recommended to be amended concurrently herewith,
which provides a designation of "BIDS Specific Plan" for the subject property and pennits
the proposed industrial, business park and office uses subject to approval of a "Precise
Plan", and the issuance of other appropriate discretionary land use entitlements (e.g.,
conditional use permits, height variations, etc.). The use is also consistent with the
remaining elements of the City's General Plan, as the policies of those elements are
recommended to be amended by the City Council to be consistent with, and reflected in, the
Land Use Element. Accordingly, the proposed use is consistent with the General Plan, if
amended by the City Council as proposed in Planning Commission Resolution Number 03-
25.
(b) The proposed style, height and bulk of the proposed busmess park
uses are consistent with surrounding land uses, which include the Los Alamitos Retarding
Basin to the west, Leisure Wodd residential to the north of Westminster A venue, the
existing Boeing facilities to the east, and the industrial and City facilities to the south.
Similar development standards regarding building height and landscaping will apply to any
future development in Planning Areas I and 4. There are sufficient mitigation measures to
ensure compatibility with adjoining land uses. The subject shopping center development
and the site proposed for development exceeds all standard development requirements of the
City related to lot size, setbacks, lot coverage, building height (except for those architectural
features previously approved for height variations or variances), off-street parking, and
landscaping. Therefore, the site is adequate in size, shape, topography and location to meet
the needs of the proposed use of the property.
(c) Subject to the proposed condItions of approval, the proposed use of
the property as a business park as approved herein will be compatIble with surrounding uses
and will not be detrimental to the surrounding neighborhood. As the business park is
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sufficiently screened from adjoining uses by landscaping, Westminster Avenue, Los
Alamitos Retarding Basin, and staff is not recommending any specific noise related
conditions at this time that would be in addition to those imposed by the "Mitigation
Monitoring Program" set forth in the Final Environmental Impact Report.
Section 6. Based upon the foregoing, the Planning Commission
hereby approves Precise Plan 03-1, subject to the following conditIons:
1. Precise Plan 03-1 is approved for a maximum of 913,000 square feet of industrial,
business park and office floor area separated into twelve building pads and the
SCE Substation, including approximately 1,674 parking spaces, and landscaping
on property located on the south side of Westminster Avenue and the west side of
Apollo Drive within Planning Areas 2 and 3 of the BIDS Specific Plan (Vesting
Tentative Tract Map No. 16375)" prepared by StoneCreek Company, dated
March 19, 2003.
2. The applicant shall comply with the proVisions of the applicable MitIgatiOn
Measures as adopted by the City Council in certifying the Boeing Specific Plan
Project ElR, and the Conditions contained within the Resolution of Approval for
Vesting Tentative Tract Map 16375.
3. This Precise Plan shall not become effective for any purpose (a) unless an
"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; (b) until the ten (10) day appeal period has elapsed; (c)
unless the City Council approves the Specific Plan, General Plan amendment,
Zone Change, and Environmental Impact Report; and (d) unless all of the
conditions herein are met.
4. A modification of this Site Plan Review shall be obtained when:
o The applicant proposes to modify any of the current conditions of approval.
o There is a substantial change in the mode or character of operations or uses
proposed for the business park.
5. The Planning Commission reserves the right to revoke or modify this Precise Plan
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.
6. In the event staff determines that security problems exist on the site, the
conditions of this Precise Plan may be amended, under the procedures of the Code
of the City of Seal Beach, to require the provision of additional security measures.
7. All business establishments shall have a public telephone listing.
8. All business establishments 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 amended. Should complaints be received regarding noise
generated by a business establishment, the Planning Commission reserves the
right to schedule this pennit for reconsideration and may require the
applicant/business operator to mitigate the noise level to comply with the
provisions of Chapter 13D.
9. Litter and trash receptacles shall be located at convenient locations inside and
outside all business establishments. Operators of such business establishments
shall remove trash and debris on an appropriate basis so as not to cause health
problems. There shall be no dumping of trash and/or glass bottles outside any
business establishment between the hours of 10:00 p.m. and 7:00 a.m.
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10. The Planning Commission reserves the right to revoke or modify this Precise Plan
pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or
retail-related problems are demonstrated to occur as a result of criminal or anti-
social behavior, including but not limited to the congregation of minors, violence,
public drunkenness, vandalism, solicitation and!or litter.
11. Trash compactors shall be provided and located inside of each building in close
proxImity to the loading dock areas.
12. If it is detennined that noise levels exceed a level determined by the Community
Development Director for the truck and loading operations at the loading dock for
Building 4, additional landscaping and/or sound retention wall prOVIded to the
design and criteria to be determined by the Director to mitigate the noise levels to
an acceptable level, in compliance with the provisions of Chapter 13D of the
Code of the City of Seal Beach.
13. The drive aisle width commencing at the south side of the loading dock of
Building 5 and running along the south side of Building 5, shall be decreased to a
maximum of 25 feet in width.
14. The diamond-shaped planters between the double parking rows for Buildings 10,
12 and 13 shall be eliminated and replaced with continuous five-foot wide
planters.
15. Prior to the issuance of any grading or building permits for projects that will result
in soil disturbance of one or more acres of land, the applicant shall demonstrate
that coverage has been obtained under California's General Permit for Stormwater
Discharges Associated with Construction ActiVIty by providing a copy of the
Notice of Intent (NOl) submitted to the State Water Resources Control Board and
a copy ofthe subsequent notification of the issuance of a Waste Discharge
Identification (WDID) Number. Projects subject to this requirement shall prepare
and implement a Stonnwater Pollution Prevention Plan (SWPPP). A copy of the
current SWPPP shall be kept at the Project site and be available for City review
on request.
16. Prior to the issuance of any grading or buIlding permits or prior to recordation
upon subdivision of land if detennined applicable by City Building Official, the
applicant shall submit to the City for review and approval a Water Quality
Management Plan that:
a. Addresses Site Design BMPs such as minimizing impervious areas,
maximizing permeability, minimIzing directly connected Impervious
areas, creating reduced or "zero discharge" areas, and conserving natural
areas
b. Incorporates the applicable Routine Source Control BMPs as defined in
the DAMP
c. Incorporates Treatment Control BMPs as defined in the DAMP
d. Generally describes the long-tenn operation and maintenance
requirements for the Treatment Control BMPs,
e. Identifies the entity that will be responsible for long-term operation and
mamtenance of the Treatment Control BMPS, and
f. Describes the mechanism for funding the long-term operation and
maintenance of the Treatment Control BMPs.
17. Prior to grading or building pennit close-out and/or the issuance of a certificate of
use or a certificate of occupancy, the applicant shall:
a. Demonstrate that all structural best management practices (BMPs)
described in the Project WQMP have been constructed and installed in
confonnance with approved plans and specifications,
b. Demonstrate that applicant is prepared to implement all non-structural
BMPs described in the Project WQMP,
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c. Demonstrate that an adequate number of copies of the approved Project
WQMP are available onsite,
d. Submit for review and approval by the City an Operations and
Maintenance (O&M) Plan for all structural BMPs.
18. Grading and Drainage Plans shall be prepared with the following design
objectives:
a. All surface runoff and subsurface drainage shall be directed to the nearest
acceptable drainage facility, via sump pumps if necessary, as detennined
by the Building Official.
b. Onsite surface drainage and subdrain systems shall not discharge over the
bluffiop or hilltop.
c. All roof drains shall be required to connect into a tight-line drainage pipe
or concrete swales that drain to the nearest acceptable drainage facility as
determined by the Building Official.
d. Landscaping plans shall utilize non-invasive, drought-tolerant landscape
materials.
e. Irrigation System plans shall not include irrigation lInes for the bluff-side
of the parcel.
19. All grading and improvements shall be made in accordance with the Grading
Ordinance and to the satisfaction of the Building Official or designee. Grading
shall be in substantial compliance with the approved grading plans. Surety to
guarantee the completion of grading, erosion and sediment control measures, soil
stabilization, and drainage improvements shall be posted satisfactory to the
Building Official.
20. For industrial facilities subject to California's General Pennit for Stonnwater
Discharges Associated with Industrial Activity as defined by Standard Industrial
Classification (SIC) code, prior to grading or building pennit close-out and/or the
issuance of a certificate of use or a certIficate of occupancy, the applicant shall
demonstrate that coverage under the pennit has been obtained providing a copy of
the Notice of Intent (NOI) submitted to the State Water Resources Control Board
and a copy of the notification of the issuance of a Waste Discharge Identification
(WDID) Number.
21. Prior to the issuance of any building permits, the applicant shall include in the
plans any urban runoff control measures deemed necessary by the Building
Official.
22. Prior to issuance of certificates of use and occupancy or building permits for
individual tenant improvements or construction pelmits for a tank or pipeline,
uses shall be identified and, for specified uses, the applicant shall propose plans
and measures for chemical management (including, but not limited to, storage,
emergency response, employee training, spill contingencies and disposal). The
chemical management measures shall be incorporated as an element of a Water
Quality Management Plan and shall be subject to the approval of the City
BuIlding Official and other specified agencies such as the Fire Authority/Fire
Department, the Orange County Health Care Agency and sewering agencies to
ensure implementation of each agency's respective requirements. Certificates or
penmts may be ministerially withheld if features needed to properly manage
chemicals cannot be incorporated into a previously completed building, center or
complex.
23. Prior to the issuance of a grading or building pennit, the City shall require the
permit applicant to include the following as general or special notes on the plan
sheets for new development or significant redevelopment projects:
a. Sediment from areas disturbed by construction shall be retained on site
using structural controls to the maximum extent practicable.
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b. Stockpiles of soil shall be properly contamed to minimize sediment
transport from the site to streets, drainage facilities or adjacent properties
via runoff, vehicle tracking, or wind.
c. Appropriate BMPs for construction-related materials, wastes, spIlls or
resides shall be implemented to minimize transport from the site to streets,
drainage facilities, or adjoining property by wind or runoff.
d. Runoff from equipment and vehicle washing shall be contained at
construction sites unless treated to remove sediment and other pollutants.
e. All construction contractor and subcontractor personnel are to be made
aware of the required best management practices and good housekeeping
measures for the Project site and any associated construction staging areas.
f. At the end of each day of construction activity all construction debris and
waste materials shall be collected and properly disposed in trash or recycle
bins.
g. Construction sites shall be maintained in such a condition that an
anticipated storm does not carry wastes or pollutants off the site.
Discharges of material other than stormwater are allowed only when
necessary for performance and completion of construction practices and
where they do not: cause or contribute to a violation of any water qualIty
standard; cause or threaten to cause pollution, contamination or
nuisance; or contain a hazardous substance in a quantity reportable under
Federal Regulations 40 CFR Parts 117 and 302.
Potential pollutants include but are not limited to: solid or liquid chemical
spills; wastes from paints, stains, sealants, glues, lime, pesticides,
herbicides, wood preservatives and solvents, asbestos fibers, paint flakes
or stucco fragments; fuels, oils, lubricants, and hydraulic, radiator or
battery fluids; concrete, detergent or floatable wastes; wastes from any
engine/equipment steam cleaning or chemical degreasing; and
superchlorinated potable water line flushings. During construction,
disposal of such materials should occur in a specified and controlled
temporary area on-site phYSIcally separated from potential stormwater
runoff, with ultimate disposal in accordance with local, state and federal
requirements.
24. Dewatering of contaminated groundwater, or discharging contaminated soils via
surface erosion is prohibited. Dewatering of non-contaminated groundwater
requires a National Pollutant Discharge Elimination System (NPDES) permit
from the respective State Regional Water Quality Control Board.
25. Prior to the issuance of certificates of use and occupancy, the Project proponent
shall provide evidence to the Director of Development Services to assure
satisfactory completion of all requirements in the Project WQMP by requiring the
applicant to:
a. Demonstrate that all structural BMPs described in the Project WQMP
have been constructed and installed in conformance with approved plans
and specifications,
b. Prepare and submIt for review and approval an O&M Plan for all
structural BMPs,
c. Demonstrate that a mechamsm or agreement acceptable to the City has
been executed for the long-tenn funding and perfonnance of BMP
operation, maintenance, repair, and/or replacement.
d. Demonstrate that the applicant is prepared to implement all non-structural
BMPs described m the Project WQMP.
e. Demonstrate that an adequate number of copies of the Project WQMP are
available onsite, and
f. For industrial facilities subject to California's General Permit for
Stormwater Discharges Associated with Industrial Activity as defined by
Standard Industrial Classification (SIC) code, demonstrate that coverage
has been obtained by providing a copy of the Notice of Intent (NOI)
submitted to the State Water Resources Control Board and a copy of the
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notification of the issuance of a Waste Discharge Identification (WDID)
Number.
26. The O&M Plan for structural BMPs that is prepared by the applicant for private
sector projects shall describe and!or include:
a. Structural BMPs
b. Employee responsibilities and training for BMP operation and
maintenance
c. Operating schedule
d. Maintenance frequency and schedule
e. Specific maintenance activities
f. Required permits from resource agencies, if any
g. Fonns to be used in documenting maintenance activities
h. Notification to Orange County Vector Control District of the structural
BMPs in place
1. Recordkeeping requirements (at least 5 years)
27. If a property owner or a private entity, such as a homeowners association (HOA),
retains or assumes responsibility for operation and maintenance of structural
BMPs, the City shall require access for inspection through an agreement. If the
City will be responsible for operating and maintaining structural BMPs on private
property, an easement will be established to allow for entry and proper
management of the BMPs. Such access easements shall be binding throughout
the life of the Project, or until the BMPs requiring access are acceptably replaced
WIth a BMP not requiring access. Funding for the long-tenn operatIon and
maintenance of structural BMPs will be front-funded, or otherwise guaranteed via
mechanisms such as approved assessment districts, or other funding mechanisms.
28. The following steps describe the process that is to be followed by a private
constructIon project:
a. The project owner, developer or contractor is responsible for preparing the
Notice of Intent (NOI), which must be signed by the owner or person
delegated authority and submitted to the State Water Resources Control
Board (SWRCB). Before issuing a grading or building permit, the city will
require proof of General Pennit coverage (See conditions of approval
Section A-7.5.3).
b. Once the project owner, developer or contractor receives a grading or
building pennit (if applicable), the SWPPP must be prepared by the
owner, developer or contractor, and signed by the responsible party and
must be implemented year-round throughout the duration of the project's
construction. County or Distnct staff are not responsible for reviewing,
approving or enforcing the SWPPP; these are responsibilities of the
Regional Board. Inspector(s) may choose to use the SWPPP as a tool for
on-site inspections.
c. The city will inspect and enforce local pennit(s) and ordinances, and will
notify the Regional Board of non-compliance when the non-compliance
meets the criteria of posing a threat to human or environmental health as
discussed in DAMP SectIon 8.4.6.
d. Once project construction is completed and the site fully complies with the
final stabilization requirements of the General Permit, the
owner/developer will submit a Notice of Termination (NOT) to the
SWRCB.
29. If any claim, action or proceeding (collectively "action") is instituted by a third
party or parties challenging the validity of the Boeing Specific Plan or related
approvals, including the EIR and this Precise Plan (collectively "Project
Approvals"), Developer and City shall cooperate in defending any such action.
City shall notify Developer of any such action against City within ten working
days after City receives service of process, except for any petitIon for injunctive
relief, in which case City shall notify Developer immediately upon receipt of
notice thereof. Developer shall mdemnify, hold harmless and defend City, and
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any of its officers, employees or agents for any action by a third party or parties
brought to challenge the Project Approvals; provided, however, that if City fails
promptly to notify Developer of any action against City, or if City fails to
cooperate in the defense, Developer shall not thereafter be responsible for City's
defense. Developer shall reimburse all of City's defense costs including, without
limitation, court costs, attorneys fees incurred by counsel selected by the City, and
expert witness fees. Developer shall promptly pay all monetary awards,
judgments, verdicts, court costs and attorneys fees that may be awarded in such
action.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 18th day of June ,2003,
by the following vote:
AYES: Commissioners
DEATON, HOOD, LADNER, SHANKS AND SHARP
NOES: Commissioners
ABSENT: Commissioners
ABSTAIN: Comlntssioners
,
e Whittenberg
Sccretary of the Planning Commission
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