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HomeMy WebLinkAboutPC Res 02-21 - 2002-04-17 "W RESOLUTION NO. 02 - 21 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH ADOPTING MITIGATED NEGATIVE DECLARATION 02-1 (SCH#2001031007) IN CONJUNCTION WITH THE CONSTRUCTION OF ARCHITECTURAL FEA TURES AND A PROPOSED 22,203 SQUARE FOOT EXPANSION TO THE ROSSMOOR CENTER LOCATED AT THE NORTHWEST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (12501 SEAL BEACH BOULDV ARD) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: . WHEREAS, the City has prepared a "Proposed Initial Study and Negative Declaration 02-1, Rossn'lOor Shopping Center Expansion (SCH#2001031007)". The proposed project will allow architectural features in accordance with the ''height variation" standards of the City of Seal Beach and add approximately 22,203 square feet of conIDlercial space to an existing shopping center; and WHEREAS, staff has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 02-1 ended on Apri11, 2002. As of Apri11, 2002, the City has received 44 responses to the Mitigated Negative Declaration; and WHEREAS the City has 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 WHEREAS, a duly noticed public hearing was held by the Planning Commission on April 17,2002 to consider Mitigated Negative Declaration 02-1 ~d the requested height variation for the proposed addition to the Rossmoor Center; and . WHEREAS, the Planning Commission received into evidence the Staff Report of April 17, 2002, along with all attachments thereto, including the Staff Report and considered all public testimony presented; and C:\My Documents\RESO\MND 02-1.Rossmoor Center. PC Reso.doc\L W\04-23-02 . Planning Commission Resolution 02-21 Mitigated Negative Declaration 02-1 - Rossmoor Center Renovation Apri/17, 2002 WHEREAS, The Planning Conunission made the following findings regarding Negative Declaration 02-1 and detennined the proposed project is consistent with the" General Plan: 1. The proposed Negative Declaration adequately discloses the potential enviromnental impacts of the addition to the Rossmoor Center, and no substantial adverse enviromnental impacts will result upon the approval of the subject project, with 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. The adopted "Land Use Element" map was adopted by City Council Resolution No. 2258 on October 29, 1973. This map indicates the Rossmoor Center to be located in a commercial zone. 3. The proposed addition to the Rossmoor Center is also consistent with the language of the Land Use Element of the City of Seal Beach General Plan. . Based upon the foregoing, the Planning Commission hereby approves Mitigated Negative Declaratio:J;l No. 02-1, subject to the following conditions: 1. Prior to the issuance of the building permit, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below: a) Develop a trip reduction plan to achieve a 1.5 A VR for construction employees. b) Use electricity from power poles rath,er than temporary gasoline or diesel powered generators, except in emergency situations where lighting is necessary for safety reasons. c) Watering the project site during grading and demolition. d) Street sweeping at the end of the day if visible soil material is carried onto adjacent paved roads. e) Install wheel washers and wash trucks and equipment leaving the site. f) Apply chemical soil stabilizers to all inactive construction areas (previously graded areas inactive for ten or more days). 2. Prior to the issuance of a grading pennit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the infonnation and be in a fonn as required by the Orange County Grading Manual, ~5.4, and the Orange County Excavation and Grading Code ~7-1-819. Project . MND 02-1.Rossmoor Center. PC Reso 2 . Planning Commission Resolution 02-21 Afitigated Negative Declaration 02-1 - Rossmoor Center Renovation April J 7, 2002 proponent shall reimburse City costs of independent third-paliy peer review of said geotechnical report. 3. The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions, and liquefaction soil conditions, and impacts from trenching in site-specific geotechnical reports prepared by the project geotechnical consultant. ReconID1endations 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 proponent shall reimburse City costs of independent third-party peer review of said site-specific reports. 4. Loose and soft alluvial soils, expansive clay soils, and all existing uncertifie~ fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. 5. Prior to the initiation of project and demolition or grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted, or protected. . 6. In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5;1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. 7. All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with city of Seal Beach standards. 8. Confonnance with the latest Unifonn Building and City Ordinances can be, expected to satisfactorily mitigate the effect of seismic ground shaking. Confonnance with applicable codes and ordinances shall occur in conjunction with the 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. 9. Prior to the issuance of the demolition and building pennits, the applicant shall submit a demolition plan to the City Engineer that includes the removal of piles to minimum depths to avoid distress by limiting the influence of the existing piles, which shall be at least 3 feet below flexible pavements, 5 feet below concrete slab-on-grade and two footing widths below shallow spread foundations. . 10. Prior to issuance of pennits for the demolition of buildings in tl1e proposed project, analytical testing and additional inspection is required to detennine if the MN D 02-1. Rossmoor Center. PC Reso 3 . 11. . , Planning Commission Resolution 02-21 Mitigated Negative Declaration 02-1 - Rossmoor Center Renovation April 17, 2002 noted hazardous materials are present and if special handling would be required. A detailed report to ascert{iin exact quantities and phase of demolition shall be prepared by a qualified consultant and a Remedial Action Plan shall be prepared" to ensure compliance with mandatory state and federal requirements for removing asbestos-containing materials, PCBs and lead-based materials. All procedures shall comply with 40 CFR 61.141 and 61.145(b) and (c) guidelines for asbestos removal. Notification shall be sent to the South Coast Air Quality Management District at least ten days prior to commencement of abatement procedures. The mitigation report and plan shall be submitted and approved by the City's Director of Development Services or designee. Prior to the issuance of pennits for the demolition of buildings in the proposed project, analytical testing and additional inspection would be required to determine if the noted groundwater contamination is present and if special handling would be required. The County of Orange, Health Care Agency, Environmental Health Division, has been contracted by the State Water Resources Control Board to provide regulatory oversight for cleanup of contaminated property. ~101480 through ~101490 of the Health and Safety Code provide that a Responsible Party may request oversight of a site investigation and any remediation necessary to mitigate the site. The County will notify the State Department of Toxic Substances Control (DTSC) and the Santa Ana Regional Water Quality Control Board (RWQCB) to determine if these agencies have regplatory involvement. A site assessment work_plan and a Remedial Action Plan will be submitted for review and approval to the California Regional Water Quality Control Board. 12. Prior to the issuance of pennits for the demolition of buildings in the proposed project, safety measures and remedial actions plans will be submitted for approval per mitigation in section 2.7.a of Mitigated Negative Declaration 02-1. These procedures will reduce the potential for any hazardous matelials release into the environment to a less than significant level. ] 3. Prior to the issuance of demolition and building pennits, 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 Stonn Water Pollution Prevention Program (SWPPP) prepared in coordinatIon with the RWQCB. 14. The project shall reduce the impact of sediment and contaminants through the implementation of Best Management Practices (BMP) (including but not limited to sandbags, silt fences, straw bales, and bio-swale drainage that enable natural filtration prior to discharge) during construction. The construction and condition of the BMPs shall be maintained in accordance with the requirements of the NPDES. MND 02-I.Rossmoor Center. PC Reso 4 . 15. 16. 17. . Planning Commission Resolution 02-21 Mitigated Negative Declaration 02-1 - Rossl11oor Center Renovation April J 7, 2002 Prior to the issuance of pennits for the proposed demolition of buildings, the project applicant shall comply with all applicable city regulations and standards to control and restrict noise to acceptable conditions. The City Noise Ordinance'" (City of Seal Beach City Code ~13D-7(e)) Special Provisions allow noise sources fi.om construction activities to exceed established noise thresholds provided the activity takes place between 7:00 a.m. and 8:00 p.m. weekdays and 8:00 a.m. to 8:00 p.m. Saturday. Plior to the issuance of demolition pennits, the project applicant shall install a temporary construction noise barrier such as a fabric screened fence along the west side of the project site. Prior to the issuance of building permits, applicant shall submit a building design plan to the City's Director of Development for approval, which incorporates sound walls at least 12 feet tall screening the loading zones and trash compactor areas from the residential areas to the west. 18. Truck deliveries and pickups will be restricted to the hours of 7:00 a.m. to 8:00 p.m. weekdays and 8:00 a.m. to 8:00 p.m. Saturday for deliveries into the two new project buildings. Truck traffic will enter from Seal Beach Boulevard, turning west on Rossmoor Center Way, turning south into the parking lot, and traveling south along the west of the buildings. Trucks will back into the loading ZOl1;es, and exit heading south, exiting the Center at St. Cloud, between the library/community center and Building "Y". 19. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and operators of such establishments shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 20. The applicant, in cooperation with the City, will monitor the first three months of full operation to ensure the adequacy of noise attenuation. NOW, THEREFORE BE IT RESOLVED, that the Planning Commission hereby "adopts Negative Declaration 02-1. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 17th day of April, 2002, by the following vote: , MND 02-I.Rossmoor Center.PC Reso 5 . . , AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Planning Commission Resolution 02-2 J Mitigated Negative Declaration 02-1 - Rossmoor Center Renovation April 17, 2002 Brown, Cutuli, Hood, Ladner, and Sharp David Hood, Ph.D., Chainn Planning Commission e ittenberg, Secretary Planning Commission MND 02-1 .Rossmoor Center. PC Reso 6