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HomeMy WebLinkAboutPC Res 05-67 - 2005-12-07 RESOLUTION NO. 05-67 ORICI.A' 11/4L. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 05-5 IN CONJUNCTION WITH THE RENOVATION AND RECONSTRUCTION OF THE SHOPPING CENTER AT 901-1101 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City's environmental consultant has prepared "Seal Beach Center Renovation - Mitigated Negative Declaration 05-5." The proposed project is to renovate and reconstruct the Seal Beach Center at 901-1101 Pacific Coast Highway, Seal Beach. Section 2. The City's environmental consultant has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 05-5 ended on November 14, 2005. Section 3. The environmental consultant has prepared a "Response to Comments" document that addresses all issues raised during the public comment period have been evaluated and has determined no significant impacts have been raised. Section 4. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway. Section 5. The Planning Commission received into evidence the Staff Report of December 7, 2005, along with all attachments thereto, and considered all public testimony presented. Section 6. The Planning Commission made the following findings regarding Negative Declaration 05-5 and determined the proposed project is consistent with the General Plan: (a) The project is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning Z \My Documenls\RESO\MND 05-5 Regency Seal Beach Center PC Rcso\LW\12-09-05 Planning Commission ResolutIOn 05-67 Mitigated Negative Declaration 05-5, Seal Beach Center RenovatIOn December 7, 2005 designation for the subject property and permits commercial development. The uses are also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed uses are consistent with the General Plan. (b) The buildings and property at 901-1101 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately 7.9 acres in area, and provides an adequate number of parking spaces. (c) Subject to the proposed conditions of approval and mitigation measures of Mitigated Negative Declaration 05-5, the proposed land use entitlements will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. Section 7. Based upon the foregoing, the Planning Commission hereby approves Mitigated Negative Declaration No. 05-5, and adopts the following mitigation measures: A-I Prior to the issuance of building permits, the project developer shall submit, for approval by the Director of Development Services, a detailed landscape plan which is in conformance with the City's landscaping standards. A-2 Prior to the issuance of a building permit, the City shall ensure that the project developer submits a lighting plan to ensure that appropriate light and glare reduction with respect to the adjoining residential land uses is achieved. The lighting plan shall indicate outdoor lighting levels of all parking lot and business security lights and the light levels at the property lines. All parking lot and business security lights that are not otherwise shielded from residential uses by the proposed new buildings shall be shielded and directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. Prior to Staff approval of said plan, a Study Session shall be conducted by the Planning Commission to allow for public review and comment on the Lighting Plan. AQ-l Prior to the issuance of demolition and building permits, the applicant shall obtain approval of an Air Quality Management Plan by the Director of Development Services. The plan shall address each applicable control measure from the 2003 Air Quality Management Plan including: a) Watering the project site during grading and construction b) Street sweeping at the end of the day if visible soil material is carried onto adjacent paved roads MND 05-5 Regency Seal Beach Center 2 Plannmg CommiSSion ResolutIOn 05-67 Mitigated Negative Declaration 05-5, Seal Beach Center Renovation December 7, 2005 AQ-2 Upon completion of the shopping center renovation, the City of Seal Beach will require unrefrigerated delivery trucks to conform to California Air Resources Board regulations limiting idling to 5 minutes. C-l An archaeologist and a Native American Monitor appointed by the City of Seal Beach shall be present during earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of pre-grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall cease all earth removal or disturbance activities in the vicinity and immediately notify the City-selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services. The City-selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations. Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted. C-2 If any human bone is encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City-selected archaeologist and Native American Monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Department of Development Services shall contact the Coroner pursuant to ~5097.98 and ~5097.99 ofthe Public Resources Code relative to Native American remains. If the Coroner determines the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code ~5097 .98. C-3 If more than one Native American burial is encountered during any earth removal or disturbanc~ activities, a Mitigation Plan shall be prepared and shall be subject to approval by the City of Seal Beach Community Development Department. The Mitigation Plan shall include the procedures fully set forth in Mitigated Negative Declaration 05-5, including: continued Native American monitoring, notification procedures for new discoveries, identification of additional burials, identification of additional burials, burial removal and storage, study of burial remains, repatriation of burials and associated artifacts, and additional studies as needed. G-l During the demolition and construction of the proposed project, developer shall comply with the following measures in accordance with the Geotechnical Investigation and Seismic Evaluation Study in order to reduce geological impacts: a) Earthwork shall be performed in accordance with the City of Seal Beach Grading Ordinance and the latest edition of the Standard Specifications for Public Works Construction (Greenbook, 2003). Excavations and cuts shall be inspected during grading. b) Prior to construction, the site shall be cleared of all vegetation, debris, loose soils, old foundations, and any other deleterious material. MND 05-5 Regency Seal Beach Center 3 Planning ComnusslOn ResolutIOn 05-67 Mitigated Negative Declaration 05-5, Seal Beach Center RenovatIOn December 7, 2005 c) The entire footprint of the structures and to a distance of 5 feet beyond the structures shall be over-excavated to a minimum depth of 2 feet below the existing grade or the finish subgrade elevation, whichever is lower. The exposed bottom of the excavation shall be inspected by the geotechnical consultant's representative prior to placement of engineered fill to ensure that no additional over-excavation is necessary. Prior to placing engineered fill, the exposed bottom of over-excavation shall be scarified to a minimum depth of 6 to 8 inches, moisture conditioned as necessary to achieve moisture content of 2 percent above optimum and compacted in place to at least 90 percent relative compaction. d) On-site soils may be reused as compacted fill provided they are free of organics, deleterious materials, debris, and particles over 4 inches in dimension. Import soils shall not contain organic material, rocks greater than 4 inches in dimension, debris, and other deleterious materials. e) Unless otherwise specified, all fill shall be compacted to a minimum of 90 percent of the maximum density as determined by the ASTM D1557-00 test procedure. t) Conformance with the latest Uniform Building Codes and City Ordinances can be expected to satisfactorily mitigate the effect of seismic ground shaking. Conformance with applicable codes and ordinances shall be required prior to issuance of building permits in order to ensure that over- excavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. g) The geotechnical consultant's site specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project applicant shall reimburse City costs of independent third-party review of said geotechnical report. H-l The City of Seal Beach shall ensure that the project developer prepares a Remedial Action Plan (RAP) to ensure proper compliance with mandatory state and federal requirements involving removal and disposal of asbestos-containing materials, PCBs and lead-based materials. Notification shall be submitted to the South Coast Air Quality Management District (SCAQMD) no later than 10 days prior to the start of the demolition process. WQ-l Prior to the issuance of demolition and building permits, the project applicant shall submit to the Director of Development Services a compliance plan prepared by a registered civil engineer or registered professional hydrologist to conform to the requirements of the NPDES provisions in the Clean Water Act. This plan shall include a Water Quality Management Plan (WQMP) and a Storm Water Pollution Prevention Program (SWPPP) prepared in coordination with the Regional Water Quality Control Board. Project applicant shall reimburse City costs of independent third-party review of said WQMP and SWPPP. MND 05-5 Regency Seal Beach Center 4 Planning Commission Resolution 05-67 Mitigated Negative DeclaratIOn 05-5, Seal Beach Center RenovatIOn December 7, 2005 WQ-2 During construction, the project shall reduce the impact of sediment and contaminants through the implementation of Best Management Practices (BMPs) (including, but not limited to, sandbags, silt fences, straw bales and bio-swale drainage that enable natural filtration prior to discharge). The construction and condition of the BMPs shall be maintained in accordance with the requirements of the NPDES. WQ-3 The project is required to meet Storm Water management regulations. The applicant shall file for an NPDES permit with the Regional Water Quality Control Board and abide by the conditions of the permit as issued. A copy of the Notice of Intent (NOI), the Storm Water Pollution Prevention Plan (SWPPP), and the Monitoring Plan shall be submitted to the City Engineer a minimum of thirty (30) days prior to commencing grading operations. The SWPPP shall emphasize structural and non-structural BMPs in compliance with NPDES Program requirements. Specific measures shall include: a) The project shall provide appropriate sediment traps in open channels and energy dissipaters in storm water conduits and storm drain outlets. b) Surplus or waste materials from construction shall not be placed in drainageways or within the 100-year floodplain surface waters. c) All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in a reasonable manner to eliminate ay discharge to waters of the state. d) During construction, temporary gravel or sandbag dikes shall be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. e) Stabilizing agents such as straw, wood chips, and/or a hydro seeding shall be used during the interim period after grading in order to strengthen exposed soil while ground cover takes hold. t) Revegetated areas shall be continually maintained to ensure adequate growth and root development. N-l During construction of buildings, 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 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m. and 8:00 p.m. on Saturday and do not take place at any time on Sunday or local, State or Federal holidays. For demolition activities the hours will be from 7:00 a.m. to 6:00 p.m. Monday through Friday, and from 8:00 a.m. to 6:00 p.m. on Saturday, with no demolition activity permitted on Sunday or local, State or Federal holidays. N-2 Prior to the issuance of a Building Permit, subsequent noise assessments shall be prepared, to the satisfaction of the Director of Development Services, which demonstrate the site placement of stationary noise sources would not exceed MND 05-5 Regency Seal Beach Center 5 Planning Commission ResolutIOn 05-67 Mitigated Negative DeclaratIOn 05-5, Seal Beach Center RenovatIOn December 7, 2005 criteria established in the City of Seal Beach Noise Ordinance. The analysis shall verify that loading dock facilities, rooftop equipment, trash compactors, and other stationary noise sources are adequately shielded and/or located at an adequate distance from residential areas in order to comply with the City's noise standards. N-3 During installation of any directional speakers, the project developer shall ensure that directional speakers be shielded and/or oriented away from off-site residences to the satisfaction of the Director of Development Services. N-4 Prior to the issuance of building or grading permits, the plans shall be reviewed and approved by the Planning Department to ensure compliance with the following: a) All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, to the satisfaction of the Building Official b) 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 c) During construction and to the satisfaction of the Building Official, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors during construction activities N-5 During construction activities, the applicant shall restrict pile driving, if required, to the hours of 9:00 a.m. to 4:00 p.m. on Mondays through Fridays. N-6 Prior to the issuance of building or grading permits, the applicant shall submit a construction haul route plan that avoids the use of residential streets to the City for review and approval and shall implement the approved construction hauling plan. N-7 During all construction activities, construction equipment with internal combustion engines shall be equipped with properly operating mufflers and tuned to alleviate backfires. N -8 Prior to start of construction, information shall be disclosed to residents about the types of noise produced by the project. Residents shall be given a number to contact City staff if noise levels become excessive. N-9 During construction activities, stockpiling of vehicles and staging areas shall be located as far as practical from sensitive noise receptors. Stationary equipment shall be placed in such a manner as emitted noise is directed away from sensitive receptors. N-I0 Prior to issuance of building permits, the project developer shall prepare plans, to be approved by the Director of Development Services, which include a roof over the proposed drug store loading dock and sound attenuation panels. If it is MND 05-5 Regency Seal Beach Center 6 Plannmg CommissIOn ResolutIOn 05-67 Mitigated Negative DeclaratIOn 05-5, Seal Beach Center RenovatIOn December 7, 2005 determined that the existing proposed height of 12 feet will not allow sufficient truck access, the height of the screen wall and roof enclosure shall be increased. N-ll. Loading dock areas shall not be utilized between the hours of 9:00 PM to 6:00 AM. Deliveries shall not be permitted during those hours. T -1 Prior to issuance of demolition and building permits, the City shall ensure that the project d~veloper prepares a traffic and haul route plan for all construction related vehicles in order to prevent such traffic from using residential streets. The plan shall identify specific routes for all construction related traffic using Seal Beach Boulevard and Pacific Coast Highway as the primary arterial for freeway access and access to other arterial streets. Such plan shall be approved by the Director of Development Services. U-l Prior to initiation of construction activities, the construction contractor shall reduce construction-generated waste that is disposed of at landfills according to state law by at least 50 percent. The contractor shall prepare a construction waste management plan explaining the practices that would be used to achieve this level of reduction. The construction waste management plan shall be submitted to the Director of Development Services for approval. U-2 Prior to the issuance of building permits for the proposed structures, detailed construction plans shall be submitted to the Director of Development Services for approval, delineating the number, location and general design of solid waste enclosures and storage areas for recycled material. U-3 The project applicant/individual project applications shall adhere to all source reduction programs for the disposal of demolition and construction materials and solid waste, as required by the City of Seal Beach. Prior to the issuance of building permits, a source reduction program shall be prepared and submitted to the Director of Development Services for each structure constructed on the subject properties to achieve a minimum 60 percent reduction in waste disposal rates, including green waste. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby adopts Mitigated Negative Declaration 05-5. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of December, 2005, by the following vote: MND 05-5 Regency Seal Beach Center 7 AYES: Commissioners NOES: Commissioners Planning Commission Resolution 05-67 Mitigated Negative DeclaratIOn 05-5, Seal Beach Center RenovatIOn December 7, 2005 Deaton, O'Malley, Roberts and Shanks ABSENT: Commissioners Ladner ABSTAIN: Commissioners L . ttenberg, Secretary lanning Commission MND 05-5 Regency Seal Beach Center ~~ Gordon Shanks, Chairman Planning Commission 8