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HomeMy WebLinkAboutPC Res 05-56 - 2005-11-09 RESOLUTION NO. 05-56 OR/6'/fiJ 11I4t. o. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 05-4 IN CONJUNCTION WITH THE CONSTRUCTION OF FOUR NEW BUILDINGS WITH A TOTAL OF 85,009 SQUARE FEET AT 2301-2499 SEAL BEACH BOULEVARD, SEAL BEACH (P ACIFIC GATEWAY PLAZA) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The City's environmental consultant has prepared "lmtwl Study and Negative Declaration 05-4, Pacific Gateway Plaza." The proposed project will include construction of four new bUIldings in the Boeing Space & Communications Group Specific Plan Area 4. 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 05-4 ended on October 11, 2005. As of October 11, 2005, the City has received two sets of comments on the Mitigated Negative Declaration. Section 3. The City has prepared a "Response to Comments" document determining that addresses all issues raised during the public comment penod have been evaluated and no significant impacts have been raised. Section 4. A duly noticed public hearing was held by the Planning Commission on November 9, 2005 to consider Mitigated Negative Declaration 05-4, Specific Plan Amendment 05-1, Site Plan Review 05-1, and Conditional Use Permit 05-12 for the hotel in conjunction wIth the proposed development at 2301-2499 Seal Beach Boulevard. Section 5. The Planning Commission received into evidence the Staff Report of November 9, 2005, along with all attachments thereto, including the Staff Report and considered all public testimony presented. Section 6. The Planning Commission made the following findings regarding Negative Declaration 05-4 and determined the proposed project is consistent with the General Plan: 1. The project is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a General Commercial zoning designation for the subject property and permits commercial development. The uses are also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, 1 of 15 Planning Commisswn Resolutwn 05-56 MItIgated NegatIve Declaratwll 05-4 - Pacific Gateway Plaza November 9, 2005 and reflected in, the Land Use Element. Accordingly, the proposed uses are consistent with the General Plan. 2. The project as proposed will be consistent with the Boeing Specific Plan, as proposed to be amended. 3. The building and property at 2301-2499 Seal Beach Boulevard are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. The property is approximately 4.47 acres in area, and provides an adequate number of parking spaces. 4. . The building and property at 2301-2499 Seal Beach Boulevard, as conditioned, meets all criteria for commercial set forth in the Code and the Boeing Specific Plan, as amended. 5. Subject to the proposed conditions of approval, the proposed land use entitlement to allow the hotel facility with sale of alcoholic beverages (Type 70 License) and 24-hour operations will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. The hotel facility is sufficiently screened from adjoining uses by landscaping and the adjoining uses are commercial uses. Required adherence to applicable building and fire codes ensure there will be adequate water supply and utilities for the proposed use. 6. The on premise consumption of alcoholic beverages (Type 70 License), if properly conditioned and enforced, is compatible with the character of the surrounding area. Adherence to conditions of approval placed on the use by both the City of Seal Beach and the Department of Alcoholic Beverage Control should mitigate any negative impacts to neighboring residential and commercial properties. Based upon the foregoing, the Planning Commission hereby approves Mitigated Negative Declaration No. 05-4, subject to the following conditions: 1. AES 1 The Project applicant shall locate construction equipment staging areas, to the greatest extent feasible, away from existing residential (Leisure World) uses and utilize appropnate screening (i.e., temporary fencing with opaque material) to shield views of construction equipment and material. Staging locations shall be identified on the Project final development plans and grading plans. Compliance with this measure is subject to periodic field inspection. 2. AES2 The Project design shall include arrangement of on-site security lighting so that direct rays would not shine on or produce glare for adjacent street traffic and residential uses north of the Project site. Development plans shall specify light fixtures that comply with the standard of the Illuminating Engineering Society (mS) for full cutoff capability. 2 of 15 Planmng Commission ResolutlOn 05-56 Mitigated Negative DeclaratlOn 05-4 - Pacific Gateway Plaza November 9, 2005 3. AQl Under SCAQMD Rule 201, the applicant shall apply for a Permzt To Construct prior to construction, which provides an orderly procedure for the review of new and modified sources of air pollution. 4. AQ2 The Project shall comply with SCAQMD Rule 401, which limits visible emissions from stationary sources. This rule prohibits visible emissions as dark or darker than Ringlemann No. 1 for periods greater than three minutes in any hour. 5. AQ3 The Project shall comply with SCAQMD Rule 402, which prohibits the discharge from a facility of air pollutants that cause injury, detriment, nuisance, or annoyance to the public or that damage business or property. 6. AQ4 During clearing, grading, earth-moving, or excavation operatIons, excessive fugitive dust emissions shall be controlled by regular watering or other dust-preventive measures using the following procedures, as specified in the SCAQMD Rule 403: . On-site vehicle speed shall be limited to 15 miles per hour. . All material excavated or graded shall be sufficiently watered to prevent excessive amounts of dust. Watering shall occur at least twice daily with complete coverage, preferably in the late morning and after work is done for the day. . Streets adjacent to the project reach will be swept as needed to remove silt that may have accumulated from construction activities so as to prevent excessive amounts of dust. . All material transported on-site or off-site shall be either sufficiently watered or securely covered to prevent release of excessive amounts of dust. . The area disturbed by clearing, grading, earth moving, or excavation operations shall be minimized so as to prevent excessive amounts of dust. . All clearing, grading, earth moving, or excavation activities will cease during periods of winds so as to prevent excessive amounts of dust as set forth below: . Rough grading (mass grading) - when winds are greater than 25 miles per hour averaged over one hour; and . Precise grading - when winds are greater than 35 miles per hour averaged over one hour. . These control techniques shall be indicated in Project grading plans. Compliance with the measure will be subject to periodic site inspections by the City. . Visible dust beyond the property line emanating from the Project shall be prevented to the maximum extent feasible. 7. AQ5 Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure will be subject to periodic inspections of construction equipment vehicles by the City. 8. AQ6 The Project shall comply with SCAQMD Rule 1113, which limits the ROC content of architectural coatings used in the SCAB or allows the averaging of such coatings, as 3 of 15 Planmng CommISSIOn ResolutIOn 05-56 MItIgated NegatIve Declaration 05-4 - Pacific Gateway Plaza November 9, 2005 specified, so actual emissions do not exceed the allowable emissions if all the averaged coatings comply with the specified limits. 9. AQ7 Alternative clean fuel (such as compressed natural-gas-powered construction equipment with oxidation catalysts) must be used instead of diesel-powered engines; or, if diesel equipment has to be used, particulate filters, oxidation catalysts and low-sulfur diesel (diesel with a sulfur content of less than 15 ppm) shall be used. 10. AQ8 All vehicles shall be prohibited from engine idling in excess of ten minutes, both on- site and off-site. 11. AQ9 All equipment must use aqueous diesel fuel on-site In all diesel construction equipment. 12. AQI0 The Project shall comply with SCAQMD Rule 1403, Asbestos Emissions From Demolition/Renovation Activities, which specifies work practice requirements to limIt asbestos emissions from building demolition and renovation activities, including the removal and associated disturbance of asbestos-containing material (ACM). The requirements for demolition and renovation activities include asbestos surveying; notification; ACM removal procedures and time schedules; ACM handling and cleanup procedures; and storage, disposal, and land filling requirements for asbestos-containing waste material (ACWM). All operators are required to maintain records, including waste shipment records, and are required to use appropriate warning labels, signs, and markings. 13. AQ11 Project grading plans shall show the duration of construction. Ozone precursor emissions from construction equipment vehicles shall be controlled by maintaining equipment engines in good condition and in proper tune per manufacturer's specifications, to the satisfaction of the City Engineer. Compliance with this measure will be subject to periodic inspections of construction equipment vehicles by the City. 14. AQ12 All trucks that are to haul excavated or graded material on-site shall comply with State Vehicle Code Section 23114, with special attention to Sections 23114(b )(F), (e )(2) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. 15. AQ13 During overall site grading and public infrastructure construction phases, construction equipment and supply staging areas shall be located at least 400 feet from the nearest residence. During structure/bui1ding construction, equipment and supply staging areas shall be located at least 400 feet or as practical from the nearest residence. 16. CULl A "Test Phase," as described in the Archaeological and Historical Element of the City General Plan shall be performed by the City selected archaeologist, and if potentially significant cultural resources are discovered, a "Research Design Document" must be prepared by the City selected archaeologist in accordance with the provisions of the Archaeological and Historical Element of the General Plan. The results of the test phase investigation must be presented to the Archaeological Advisory Committee for review and 4 of 15 Plannmg Commission ResolutIOn 05-56 Mitigated Negative DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 recommendation to the City Council for review and approval prior to earth removal or disturbance activities in the impacted area of the proposed Project. 17. CUL2 Project-related earth removal or disturbances activity is not authorized until such time as the "Research Design" investigations and evaluations are completed and accepted by the City Council, a Coastal Development Permit is issued by the California Coastal Commission and until a written "Authorization to Initiate Earth Removal-Disturbance Activity" is issued by the City of Seal Beach Director of Development Services to applicant for the impacted area of the proposed Project. 18. CUL3 During all "test phase" investigation activities occurring on site, the City selected archaeologist and the Native American monitor shall be present to conduct and observe, respectively, such "test phase" investigation activities. 19. CUIA An archaeologist and a Native American Monitor appointed by the City of Seal Beach shall be present during earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of pre-grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the Project proponent's contractors shall cease all earth removal or disturbance activities in the vicinity and immediately notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations. Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted. 20. CUL5 If evidence of subsurface paleontologic resources is found during construction, excavation and other construction activity in that area shall cease and the contractor shall contact the City Development Services Department. With direction from the City, an Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program. 21. CUL6 Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Department of Development Services shall contact the Coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. 22. CUL7 If more than one Native American burial is encountered during any earth removal or disturbance activities, a "Mitigation Plan" shall be prepared and subject to approval by the City of Seal Beach Development Services Department. The Mitigation Plan shall include the following procedures: 5 of 15 Planmng CommiSSIOn ResolutIOn 05-56 Mitigated Negative Declaration 05-4 - Pacific Gateway Plaza November 9, 2005 Continued Native American Monitoring . All ground disturbance in any portions of the project area with the potential to contain human remains or other cultural material shall be monitored by a Native American representative of the MLD. Activities to be monitored shall include all construction grading, controlled grading, and hand excavation of previously undisturbed deposit, with the exception of contexts that are clearly within the ancient marine terrace that comprises most of this area known as Landing Hill. . Exposure and removal of each burial shall be monitored by a Native American. Where burials are clustered and immediately adjacent, one monitor is sufficient for excavation of two adjoining burials. . Excavation of test units shall be monitored. Simultaneous excavation of two test units, ifless than 20 feet apart, may be monitored by a single Native American. o If screening of soil associated with burials or test units is done concurrently with and adjacent to the burial or test unit, the Native American responsible for that burial or test unit will also monitor the screening. If the screening is done at another location, a separate monitor shall be required. . All mechanical excavation conducted in deposits that may contain human remains (i.e., all areas not completely within the marine terrace deposits) shall be monitored by a Native American. Notification Procedures for New Discoveries . When possible burials are identified during monitoring of mechanical excavation, or excavation of test units, the excavation shall be temporarily halted while the find is assessed in consultation with the lead field archaeologist. If the find is made during mechanical excavation, the archaeologist or Native American monitoring the activIty shall have the authority to direct the equipment operator to stop while the find is assessed. If it is determined that the find does not constitute a burial, the mechanical excavation shall continue. . If the find is determined to be a human burial, the lead archaeologist shall immediately notify the Site Supervisor for the developer, as well as the Principal Investigator. The Principal Investigator shall immediately notify the MLD and the Director of Development Services for the City of Seal Beach. The City shall provide the Coastal Commission with weekly updates describing the finds in writing. Identification of Additional Burials . For all discovered human burials, attempts shall continue to be made to locate additional burials nearby through hand excavation techniques. This shall be done through the excavation of 1 x 1 m exploratory test units (ETUs) placed along transects extending radially from each identified burial or burial cluster. The pacing of the ETUs shall be determined upon consultation with the Project Archaeologist and the MLD. The radial transects shall be designed to test areas within 50 feet (15 m) from the edge of each burial or burial cluster. Excavation of these units shall be limited to areas containing intact cultural deposit (i.e., areas that have not been graded to the underlying marine terrace) and shall be excavated until the marine terrace 6 of 15 Planmng CommiSSIOn ResolutIOn 05-56 Mitigated Negative DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 grading plan. The soil from the ETUs along the radial transects shall be screened only if human remains are found in that unit. . Controlled grading shall be conducted within these 50-foot heightened investigation areas with a wheeled motor grader. The motor grader shall use an angled blade that excavates 1 to 2 inches at a pass, pushing the soil to the side to form a low windrow. Monitors shall follow about 20 feet behind the motor grader, examining the ground for evidence of burials. . When a burial is identified during controlled grading, the soil in windrows that may contain fragments of bone from that burial shall be screened. At a minimum this shall include the soil in the windrow within 50 feet of the burial in the direction of the grading. . If additional burials are found during controlled grading, additional ETUs will be hand excavated in the radial patterns described above. Burial Removal and Storage . Consultation with the MLD shall occur regarding the treatment of discovered human burials. If the MLD determines it is appropriate to have dIscovered human remains pedestaled for removal, that activity shall be conducted in a method agreed to by the MLD. . After pedestaling or other agreed upon burial removal program IS completed, the top of a burial shall be covered with paper towels to act as a cushion, and then a heavy ply plastic will be placed over the top to retain surface moisture. Duct tape shall be wrapped around the entire pedestal, securing the plastic bag and supporting the pedestal. Labels shall be placed on the plastic indicating the burial number and the direction of true north in relation to the individual burial. Sections of rebar shall be hammered across the bottom of the pedestal and parallel to the ground. When a number of parallel rebar sections have been placed this way, they shall be lifted simultaneously, cracking the pedestal loose from the ground. The pedestal shall then be pushed onto a thick plywood board and lifted onto a pallet. A forklift shall carry the pallet to a secure storage area or secure storage containers located on the subject property. . If another agreed upon burial removal program is utilized, that method shall be carried out in a manner agreed upon after consultation with the MLD. Study of Burial Remains . . If the burials are removed in pedestal and are incompletely exposed, osteological studies are necessarily limited to determination (if possible) of age, sex, position, orientation, and trauma or pathology. After consultation, and only upon written agreement by the MLD, additional studies that are destructive to the remains may be undertaken, including radiocarbon dating of bone or DNA studies. If the MLD determines that only non-destructive additional studies may be allowed, one shell may be removed from each burial and submitted for radiocarbon dating. The assumption here is that the shell would have been part of the fill for the burial pit, and therefore would provide a maximum age for the burial. 7 of 15 Planmng Commission Resolution 05-56 Mztzgated Negative Declaration 05-4 - Pacific Gateway Plaza November 9, 2005 . The MLD may indicate a willingness to consider some additional exposure and study of the skeletal material removed from the sites. Such study would not involve removal of the remains from the project area, but rather would be undertaken near the storage area. To the extent allowed by the MLD, the bones would be further exposed within the existing pedestals or other medium containing the human remains and additional measurements taken. Consultation with the MLD regarding the feasibility of these additional studies prior to reburial would occur. Repatriation of Burials and Associated Artifacts . Once all portions of the project area have been graded to the underlying culturally sterile marine terrace deposits, or to the excavation depth required for the approved grading plan, the repatriation process shall be initiated for all recovered human remains and associated artifacts. Once a reburial site has been identified and prepared, the remains and associated artifacts shall be transported from the secure storage area to the site for reburial. Appropriate ceremony will be undertaken during this process at the discretion of the MLD. Additional Studies . Considerable additional data relating to regional research issues may be uncovered if substantial numbers of human burials and other archaeological features are encountered during the construction monitoring for the development. If this occurs, additional analysis shall be conducted. The analysis shall be designed to more completely address the research issues discussed in the approved "Research Design," and to provide additional mitigation of impacts to the sites in light of the new finds. The following studies would be potentially applicable: Radiocarbon Dating. . In considering the implications of the burials in interpreting site use and regIOnal settlement, it is critical to assess the time range represented by the interments. Do they correspond to the full temporal range of site use, or only a limited timeframe? Although direct dating of the bones may not possible due to the destructive nature of the radiocarbon technique, the MLD may approve the removal of a single shell from the interior of each burial for dating. Although this shall not provide a direct date of the burial, assuming the shell was part of the burial fill it should provide a maximum age (that is, the burial should not be older than the shell). In addition, an equivalent number of additional samples from non-burial contexts would also be taken for comparative purposes. These data would provide a more secure measure of the intensity of occupation during different periods. Sediment Cores. Dating results obtained to date on the Hellman Ranch/John Laing Homes properties may suggest a possible link between the use of the sites within the project area and the productivity of the adjacent lagoon and estuary systems. To assess this link using independent environmental data on the subject property, two sediment cores will be taken from suitable locations of the property. Sediments in the cores shall be examined and described in the field by a geologist, and samples 8 of 15 Planmng CommissIOn ResolutIOn 05-56 Mitigated Negative DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 collected for dating and pollen analysis. These data shall then be used to help reconstruct the habitats present on the property during the periods the sites were occupied. This analysis shall be included in the final report documenting the testing, data recovery, and construction monitoring phases of this investigation. Comparative Studies. The substantial assemblage of artifacts recovered during the monitoring on the Hellman Ranch/John Laing Homes properties provides a basis for companson with other sites and shall contribute to an understanding of regional patterns. This analysis shall be included in the final report (see below). Animal Interments. Animal interments may be discovered within the project area. Because these are not human remains, somewhat more intensive study is possible. Because these features are uncommon and represent very culture specific religious practices, they are useful in reconstructing cultural areas during certain times in prehistory. Analysis of animal interments will include: (1) exposure to determine burial position; (2) photo documentation; (3) examination of skeleton for age/sex; traumatic injury, pathology, butchering, or other cultural modification; (4) radiocarbon dating; and (5) examination of grave dirt for evidence of grave goods or stomach contents. Curation . Cultural materials recovered from the cultural resources monitoring and mitigation program for the development shall be curated either at an appropriate facility in Orange County, or, in consultation with the City, at the San Diego Archaeological Center. . . The final technical report shall be prepared and submitted to the City and CCC within 12 months of the completion of the archeological fieldwork. The report shall conform to the guidelines developed by the California Office of Historic Preservation for Archaeological Resource Management Reports (ARMR). It will be prepared in sufficient quantity to distribute to interested regional researchers and Native American groups. It shall thoroughly document and synthesize all of the findings from all phase of the cultural resources program. Funding shall be provided by the landowner. 23. GEOl Engineering design for all structures shall be based on the probability that the Project area will be subjected to strong ground motion during the lifetime of development. Construction plans shall be subject to the City of Seal Beach Municipal Code and shall include applicable standards, which address seismic design parameters. 24. GE02 Mitigation of earthquake ground shaking shall be incorporated into design and construction in accordance with Uniform Building Code requirements and site-specific design. The Newport-Inglewood fault shall be considered the seismic source for the Project site and specified design parameters shall be used. 25. GE03 The potential damaging effects of regional earthquake activity shall be considered in the design of each structure. The preliminary seismic evaluation shall be based on basic data including the Uniform Building Code Seismic Parameters and the Sladden Report's 90f15 Plannzng CommzsslOn ResolutIOn 05-56 MItIgated NegatIve Declaration 05-4 - Pacific Gateway Plaza November 9, 2005 exhibits and tables. Structural design criteria shall be determined in the consideration of building types, occupancy category, seismic importance factors and possibly other factors. 26. GE04 Conformance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic ground shaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that over excavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. 27. GEOS The project proponent shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil condItions, and impacts from trenching, which measures are identified in site-specific reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project applicant shall reimburse City costs of independent third-party review of said geotechnical report. 28. GE06 Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials shall be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. 29. GE07 All surfaces to receive compacted fill shall be cleared of existing vegetation, debris, and other unsuitable materials that should be removed from the site. Soils that are disturbed during site clearing shall be removed and replaced as controlled compacted fill under the direction of the Soils Engineer. 30. GE08 All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with CIty of Seal Beach Standards. 31. GE09 Graded but undeveloped land shall be maintained weed-free and planted with interim landscaping within ninety (90) days of completion of grading, unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. 32. GEOIO As soon as possible following the completion of grading activities, exposed soIls shall be seeded or vegetated with a seed mix and/or native vegetation to ensure soil stabilization. 33. GEOII Precise grading plans shall include an Erosion, Siltation and Dust Control Plan. The Plan's provisions may include sedimentation basins, sand bagging, soil compaction, revegetation, temporary irrigation, scheduling and time limits on grading activities, and construction equipment restrictions on-site. This plan shall also demonstrate compliance with South Coast Air Quality Management District Rule 403, which regulates fugitive dust control. 10 of 15 Planning CommISSIOn ResolutIOn 05-56 MItIgated Negative DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 34. HAZI Future businesses shall ensure that the transport of any hazardous waste that is generated on-site be disposed of at an appropriate disposal facility by a licensed hauler, in accordance with the appropriate State and Federal laws. 35. HAZ2 The applicant shall submit Project plans for review by and approval of the Orange County Fire Authority, in accordance with appropriate State and Federal laws, to ensure that hazardous materials are adequately contained and an emergency plan prepared for the Fire Authority in case of a hazardous spill. 36. HAZ3 If the removal of the pipeline is proposed as part of the Project, the pipeline shall be sampled as part of an asbestos survey prior to demolition work. 37. HAZ4 Any demolition of the existing pipelIne shall comply with State law, which requires a contractor, where there is asbestos-related work involving 100 square feet or more of ACMs, to be certified and that certain procedures regarding the removal of asbestos shall be followed. Additionally, workers shall be notified of the presence of ACMs as required by California State Law, and an Asbestos Management program shall be implemented to prevent further damage of the ACMs. 38. HYDI Prior to issuance of any grading permit, a General Construction Activity Storm Water Permit shall be obtained from the Regional Water Quality Control Board. Such permits are required for specific (or a series of related) construction activities which exceed one acres in size and include provisions to eliminate or reduce off-site discharges through implementation of a Storm Water Pollution Prevention Plan (SWPPP). Specific SWPPP provisions include requirements for erosion and sediment control, as well as monitoring requirement both during and after construction. Pollution-control measures also require the use of best available technology, best conventional pollutant control technology, and/or best management practices to prevent of reduce pollutant discharge (pursuant to definitions and direction). 39. HYD2 Prior to the issuance of the first grading or building permits, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The WQMP shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, the City of Seal Beach and the California Coastal Commission to insure compliance with applicable National Pollutant Discharge Elimination System (NPDES) permit requirements. The WQMP shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in the Countywide NPDES Drainage Area Management Plan. Project applicant shall reimburse City costs of independent third-party review of said Water Quality Management Plan. 40. HYD3 The project is required to meet Storm Water Management regulations. The applicant shall file for a NPDES permit with the Regional Water Quality Control Board and abide by the conditions of the permit as issued. A copy pf the Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP), and Monitoring Plan shall be submitted to the City 11 of 15 Plannzng CommiSSIOn ResolutIOn 05-56 Mitigated Negative DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 Engineer a minimum of thirty (30) days prior to commencing grading operations. The SWPPP shall emphasize structural and non-structural BMPs in compliance with NPDES Program requirements. Specific measures shall include: . The project shall provide appropriate sediment traps in open channels and energy dissipaters in stormwater conduits and storm drain outlets. . Surplus or waste materials from construction shall not be placed in dramage ways or within the 100-year floodplain surface waters. . All loose piles of soil, silt, clay, sand, debris, or other earthen materials shall be protected in a reasonable manner to eliminate any discharge to waters of the State. . During construction, temporary gravel or sandbag dikes shall be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. . Stabilizing agents such as straw, wood chips, and/or a hydro seeding shall be used during the interim period after grading in order to strengthen exposed soil while ground cover takes hold. . Revegetated areas shall be continually maintained to ensure adequate growth and root development. 41. NI Pursuant to the City's Noise Ordinance, the construction contractor shall ensure that general construction activities (which includes construction vehicle staging and idling engines) be conducted only between the hours of 7:00 a.m. and 8:00 p.m. on weekdays, between 8:00 a.m. and 8:00 p.m. on Saturday, and do not take place at any time on Sunday or local, State, or Federal holidays. 42. N2 Prior to Grading Permit issuance, the Grading Plan shall be reviewed and approved by the Planning Department to ensure compliance with the following: . All construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers, to the satisfaction of the Building Official; . During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers, to the satisfaction of the Building Official; and . During construction and to the satisfaction of the Building Official, stockpiling and vehicle staging areas shall be located as far as practical from noise sensitive receptors during construction activities. 43. N3 Prior to the issuance of a Building Permit, subsequent noise assessments shall be prepared, to the satisfaction of the Director of Development Services, which demonstrates the site placement of stationary noise sources would not exceed criteria 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. 44. N4 Directional speakers shall be shielded and/or oriented away from off-site reSIdences to the satisfaction of the Director of Development Services. 12 of 15 .. Planmng Commzssion ResolutIOn 05-56 MItIgated Negative DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 45. N5 Prior to the issuance of a grading permit for any of Lots 17, 18, 19, or 20 of Tract No. 16375 Subdivider shall install double pane windows in the Leisure World units facing Westminster Avenue in Buildings 1 (A-F), 2 (A, B, K, L), 3 (A, B, K, L), 4 (A-F) and 11 (A-F) of Mutual 2, with the unit owner's prior written agreement to or rejection of such installation to be obtained within 45-days of receipt by certified mail, return receipt requested, of a request for agreement or rejection of said replacement program. Failure of any owner/occupant of an identified residential unit to respond in writing within said 45- day time period shall release the project proponent from any further responsibility relative to this condition. 46. N6 A licensed acoustical engineer shall prepare an acoustical report indicating sound attenuation measures for the hotel to achieve an interior noise level of 50 dBA. The Project applicant shall reimburse City costs of an independent third-party review conducted by a licensed acoustical engineer of the City's choosing. 47. PSI The developer is subject to school assessment fees pursuant to California State law (Senate Bill 50). The developer shall provide evidence of compliance to the City of Seal Beach prior to issuance of building permits. 48. TRAl Prior to the issuance of building permits, the Project applicant shall comply with the City of Seal Beach Transportation Impact Fee Program (RTIF). 49. UTILI In order to ensure adequate service to the Project site, plans for the proposed wastewater collection system shall be approved by the Orange County Sanitation District and the City Engineer of the City of Seal Beach prior to the recordation of the final tract map. 50. UTIL2 In order to ensure adequate service to the proposed subdivision and the individual building structures, plans for the proposed public water and wastewater systems shall be approved by the City Engineer of the City of Seal Beach prior to the recordation of the final tract map. A condition on the tentative map shall state that all public infrastructure improvement plans, including sewer, water, streets, traffic signals, and grading shall be approved by the City Engineer prior to the recordation of the tract map. This is in conformance with the subdivision map act and approval authority of the City Engineer. 51. UTIL3 In order to ensure proper usage of water, the development shall be required to implement the Best Management Practices (BMPs) and conservation practices identified in the City's adopted UWMP 2002, Water Supply Assessment and the California Urban Water Conservation Council. 52. UTIU Prior to the issuance of building permits, the applicant shall submit for approval of the City Public Works Department a Water Quality Management Plan (WQMP) specifically identifying Best Management Practices (BMPs) that shall be used on-site to control predictable pollutant runoff. 13 of 15 Planmng CommISSIOn ResolutIOn 05-56 MItIgated NegatIve DeclaratIOn 05-4 - Pacific Gateway Plaza November 9, 2005 53. UTIL5 Prior to the issuance of building permits, the applicant shall obtain coverage under NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this coverage has been obtained shall be submitted to the City Public Works Department. 54. UTIL6 The construction contractor shall reduce construction-generated waste that is disposed of at landfills according to State law by at least 50 percent. The contractor shall prepare a construction waste management plan explaining the practices that would be used to achieve this level of reduction. 55. UTIL7 Prior to the issuance of building permits for the proposed structures, detailed construction plans shall be submitted to the Director of Development Services for approval, delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. 56. UTIL8 The Project applicant/individual project applications shall adhere to all source reduction programs for the disposal of demolition and construction materials and solid waste, as required by the City of Seal Beach. Prior to the issuance of building permIts, a source reduction program shall be prepared and submitted to the Director of Development Services for each structure constructed on the subject properties to achieve a minimum 60 percent reduction in waste disposal rates, including green waste. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby adopts Negative Declaration 05-4. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of November 2005 by the following vote: AYES: Commissioners Shanks, Deaton, Ladner, and Roberts, NOES: Commissioners None ABSENT: Commissioners O'Malley ~4 ~/ L G~s Chairperson, Planning Commission 14 of 15 Planmng Commlsszon Resolutzon 05-56 Mitigated Negative Declaratzon 05-4 - Pacific Gateway Plaza November 9, 2005 **** 15 of 15