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Home My WebLink AboutPC Res 05-23 - 2005-07-20 RESOLUTION NO. 05 - 23 ORIG//l1 'V4l .. A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL ADOPTION OF MITIGATED NEGATIVE DECLARATION 05-2, SURFSIDE COLONY MAINTENANCE FACILITY AND RESIDENTIAL DEVELOPMENT WHEREAS, on September 23, 2004 Surfside Colony submitted requests for a General Plan Amendment, Zone Change and Tentative Parcel Map with the Department of Development Services; and WHEREAS, The proposed project seeks approval of the following actions, as requested by Surfside Colony: D Amend the Land Use Element of General Plan to designate a 1,514 square foot portion of an existing vacant 4,664 square foot lot from Commercial General to Residential High Density; D Change the zoning designation on this parcel from General Commercial (C-2) to Residential Low Density (RLD) District III to be consistent with the General Plan revision and to allow for the future construction of a new 2,400 square foot single family residence; D Approve a parcel map to legally establish the revised 3,150 square foot commercial lot area and establish the proposed 1,514 square foot residential lot; and WHEREAS, the City has prepared "Proposed Initial Study/Mitigated .Negative Declaration 05-2, General Plan Amendment 05-1, Zone Change 05-1 and Tentative Parcel Map 2004-106 - Surfside Colony Maintenance Facihty and Residential Development (SCH#2005031055)" as required by the California Environmental Quality Act (CEQA); and WHEREAS, the comment period on Mitigated Negative Declaration 05-2 ended on April 11, 2005. The City received 7 responses to the Mitigated Negative Declaration; and WHEREAS the City prepared a "Response to Comments" document determining that all issues raised during the public comment period have been evaluated and no significant impacts have been raised; and Z \My Documents\RESO\MND 05-2 (Surf sIde) PC Reso doc\LW\07-21-05 Plannmg CommISSIOn Resolution 05-23 MitIgated NegatiVe DeclaratIOn 05-2 Surfslde Colony Mamtenance FacilIty July 20, 2005 WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 20, 2005 to consider Mitigated Negative Declaration 05-2 and the requested General Plan Amendment 05-1, Zone Change 05-1 and Tentative Parcel Map 2004-106; and WHEREAS, the Planning Commission received into evidence the Staff Report of July 20, 2005, along with all attachments thereto, and considered all public testimony presented; and WHEREAS, based on the information contained in the public record, the Planning Commission made the following fmdings regarding Mitigated Negative Declaration 05-2: 1. Proposed Mitigated Negative Declaration 05-2 adequately discloses the potential environmental impacts of proposed General Plan Amendment 05-1, Zone Change 05-1 and Tentative Parcel Map 2004-106, and no substantial adverse environmental impacts will result upon the approval of the subject project, with implementation of the mitigation measures set forth in the Mitigated Negative Declaration. 2. The proposed project is consistent with the Land Use Element of the City of Seal Beach General Plan as it is proposed to be amended by General Plan Amendment 05-1. The adopted "Land Use Element" map is proposed to be amended to be consistent with the project evaluated in the subject Mitigated Negative Declaration. 3. The proposed project is also consistent with the language of the Land Use Element of the City of Seal Beach General Plan, as is noted in the Staff Report, dated July 20, 2005. NOW, THEREFORE BE IT RESOLVED that based upon the foregoing, the Planning Commission hereby recommends that the City Council Adopt Mitigated Negative DecIaration No. 05-2, subject to imposition of the following Mitigation Measures, as set forth in Section 4.0 of Mitigated Negative Declaration 05-2: Aesthetics A-I Prior to issuance of a building permit, a lighting plan for the project site specifying the location and type of all exterior light sources, shall be prepared and submitted to the Department of Development Services forrapproval. MND 05-2 (Surf sIde) PC Reso 2 Planmng CommiSSIOn ResolutIOn 05-23 MItIgated NegatIve DeclaratIOn 05-2 Surfslde Colony Mamtenance FacIlity July 20, 2005 Air Quality AQ-l Prior to issuance of grading permits, the applicant shall add a note to the preliminary and precise grading plan that states that the project shall include suppression measures for fugitive dust and those associated with construction equipment in accordance with AQMD Rule 403 and other AQMD requirements. Prior to the issuance of grading permits the project applicant shall include a note on all grading plans, which requires the construction contractor to implement the following measures during grading. These measures shall also be discussed at the pre-grade conference. a. Application of extra water during clearing, grading and construction capable of achieving a minimum 12 percent soil moisture in the top 6- inch soil stratum. b. Termination of soil disturbance during the occurrence of high winds (>25 mph) to prevent dust plumes form affecting surrounding properties. c. Minimization of construction interference with regional non-project traffic movement. Measures recommended for inclusion are: · Scheduling receipt of construction materials to non-peak travel periods. · Routing site access traffic through areas of least impact sensitivity. · Limiting lane closures and detours to off-peak travel periods. d. Reducing "spill-over" effects by preventing soil erosion, washing vehicles entering public roadways from dirt off-road project areas, and washing/sweeping project access to public roadways on an adequate schedule. e. Requiring emissions control from on-site equipment through a routine mandatory program of low-emissions tune-ups. f. Incorporating mitigation strategies into a construction impact reduction plan with clearly defined responsibilities for plan implementation and supervision. g. Conducting periodic site surveillance by a mitigation monitor during grading to verify that the dust mitigation plan is being optimally implemented. AQ-2 Prior to issuance of a grading permit, the applicant shall incorporate the following measures as a note on the grading plan cover sheet to ensure that the greatest distance between sources of odor and sensitive receptors during construction activities has been achieved. This language shall be approved by the Director of Development Services. a. Construction equipment, fixed or mobile, shall be maintained in proper operating condition with approved noise mufflers. MND 05-2 (Surf side) PC Reso 3 Planning CommIssion Resolution 05-23 Mitigated NegatIve DeclaratIOn 05-2 Surfslde Colony Mamtenance FacilIty July 20, 2005 b. Construction staging areas shall be located away from off-site receptors and occupied buildings on site during the later phases of project development. c. Stationary equipment shall be placed such that emitted noise is directed away from residential areas to the greatest extent feasible. d. Construction access routes shall be selected to minimize truck traffic near existing residential uses where reasonably feasible. GEOLOGY AND SOILS GS-l The project proponent will comply with all recommendations identified within the report titled "Geotechnical Engineering Investigation - Proposed Residential Development, Southwest Corner of Anderson Street and Pacific Coast Highway, Seal Beach, California", prepared by NorCal Engineering, dated March 19,2004, or any future updated report prepared prior to the issuance of building permits for the subject structures. All recommendations of the certified geologist's analysis will be included in final project plans. Project proponent shall reimburse City for costs of independent, third-party review of said report. GS-2 Prior to commencement of construction activities, the project contractor shall submit a drainage and erosion control plan to the Director of Public Works for review and approval. Such plan shall clearly identify all best management practices to be implemented during construction and their location. Such plans shall contain provision for specifically identifying and protecting all nearby drainage features (with sand bag barriers, filter fabric fences, straw bale filters, etc.) to prevent construction-related runoff and sediment from entering into these drainage features that ultimately deposit runoff into the Pacific Ocean. The drainage and erosion control plan should make it clear that: (a) dry cleanup methods are preferred whenever possible and that if water cleanup is necessary, all runoff shall be collected to settle out sediments prior to discharge from the site; all de-watering operations shall require filtration mechanisms; (b) concrete rinsates shall be collected and shall not be allowed into storm drains; (c) good construction housekeeping shall be required (e.g., clean up all leaks, drips, and other spills immediately; refuel vehicles and heavy equipment off-site; keep materials covered and out of the rain (including covering exposed piles of soil and wastes); dispose of all wastes properly, place trash receptacles on site for that purpose, and cover open trash receptacles during wet weather); and (d) all erosion and sediment controls shall be in place prior to commencement of grading and/or construction as well as at the end of each day. MND 05-2 (Surf side) PC Reso 4 oJ Plannmg CommiSSIOn ResolutIon 05-23 MItigated NegatIVe DeclaratIOn 05-2 Surfslde Colony Maintenance FaCIlity July 20, 2005 HYDROLOGY AND WATER QUALITY H-l Prior to the issuance of 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 plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance with applicable NPDES permit requirements. The Plan shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. H-2 The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. H-3 The project is required to meet Stormwater Management regulations. The applicant shall file for a National Pollutant Discharge Elimination System (NPDES) permit with the California State Water Resources Control Board and abide by the conditions of the permit as issued. A copy of the Notice of Intent (NOI), Storm Water Pollution Prevention Plan (SWPPP) if required, and a 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 Best Management Practices (BMPs) in compliance with NPDES Program requirements. Specific measures shall include: D The project shall provide appropriate sediment traps in open channels and energy dissipaters in stormwater conduits and storm drain outlets, if applicable. D Surplus or waste material from construction shall not be placed in drainage ways or within the 100-year floodplain of surface waters. D 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. D During construction, temporary gravel or sandbag containment walls shall be used as necessary to prevent discharge of earthen materials from the site during periods of precipitation or runoff. NOISE N-l Prior to commencement of construction activities, notice shall be provided to surrounding residents within a 500-foot distance of the project site, MND 05-2 (Surf side) PC Reso 5 1 Plannmg CommissIOn Resolution 05-23 MItIgated Negatrve DeclaratIOn 05-2 Surfslde Colony Mamtenance Facility July 20, 2005 regarding 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. TRAFFIC AND TRANSPORTATION T -1 Prior to approval of construction documents, a construction access and staging plan shall be submitted for review and approval by the Director of Public Works to ensure adequate separation from adjacent residential uses will be provided during construction activities. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 20th day of July ,2005, by the following vote: AYES: Commissioners DEATON,LADNER,O'MALLEY, ROBERTS,SHANKS NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners A~Po~/I~ Gordon Shaiiks, Chairman Planning Commission Whittenberg, Secretary Planning Commission MND 05-2 (Surf sIde) PC Reso 6