HomeMy WebLinkAboutEQCB 1998-05-13
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City of Seal Beach
Environmental Quality Control Board
Minutes of May 13, 1998
The adjourned Environmental Quality Control Board (EQCB) meeting of May 13,
1998 was called to order at 7:00 p.m. in City Council Chambers.
ROLL CALL
Present:
Chairman Rosenman
Members Voce, Christ, Hurley, McGuire
Also
Present:
Department of Development Services
Lee Whittenberg, Director
Craig Steele, Assistant City Attorney
Consultant:
Culbertson. Adams & Associates
Andi Culbertson, President
Bri,an Spiegel, Executive Vice President
Di~me Bathgate, Senior Planner
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Linscott. Law & Greenspan
Jack Greenspan, Principal & Traffic Engineer
Rich Barretto, Traffic Engineer
AGENDA APPROVAL
MOTION by Hurley; SECOND by Christ to approve the Agenda as presented.
MOTION CARRIED: I
AYES:
5-0-0
Hurley, McGuire, Voce, Christ, Hurley
ORAL COMMUNICATIONS
There were no oral communications from the audience.
CONSENT CALENDA[~
There were no Consent Calendar items.
PUBLIC HEARINGS
Bixby Old Ranch Towne Center DEIR
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Mr. Whittenberg apprised the Board and audience that handouts were available.
They contain a general overview of the process the EQCB is going through. The
second handout is an overview of the project, the proposed mitigation measures
and the various alternatives being considered. Speaker slips were available for
those wishing to speak.
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Mr. Whittenberg noted this is the EQCB's second meeting to receive public
testimony on the Bixby Ranch DEIR. The comment period is open until May 29.
Written comments may be submitted to the City until 4:00 p.m. on May 29.
Those will be included in the FEIR.
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Chairman Rosenman asked for a show of audience hands on whom did not
attend the EQCB's previous meeting. He explained CEQA mandates the EQCB
review the DEIR and ensure that as it becomes the FEIR it includes a full
discussion of alternatives, mitigations etc. The EQCB will not be able to address
whether or not the project is actually built. The Planning Commission and City
Council will make this determination. Speakers are free to state whether they
like or dislike the project but the EQCB must look at the DEIR's mitigation
measures and project problems. Additionally, in keeping with the spirit of open
meetings, he said ex parte communications would be disclosed fully. City
Attorney Craig Steele said ex parte communications might be listed but not
necessarily responded to by the EQCB. He then asked the Board for any ex
parte communications't Member Voce said, at the request of City Manager Till,
he spoke with Mr. Till regarding the various mitigation measures on exterior
noise. Chairman Rosenman said one person telephoned for a copy of the
SANDAG report and he was referred to the Department of Development
Services. Members Christ and Hurley had no comments.
Ms. Culbertson said Culbertson Adams would be focusing on the testimony from
the last meeting and will render a presentation in three specific areas:
c Traffic ,
c Parkway Co~cept
c Airport Land Use Commission (ALUC) Role
It was the consensus of the EQCB that it will hear anyone who wishes to speak.
Jack Greenspan * Traffic Enoineer
Mr. Greenspan said he would talk about:
c The way traffic studies are developed, including the SANDAG
generation factors
c Responses from the 4/29/98 hearing on what Seal Beach Boulevard
will look like.
c Ten comments on the 4/29/98 meeting.
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Trip Generation
Linscott, Law & Greenspan began serious, formal traffic studies in the early
1970's with the adventof CEQA. The Institute of Transportation Engineers (ITE)
founded in 1930 publishes a guideline for conducting traffic studies. The basic
methodology remains the same. The first step is "What are the land uses"? You
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specifically describe them in certain terms. The most typical term is in square
feet, number of seats, number of rooms, number of beds. Overlaps occur.
Some people look at restaurants in the number of seats and/or square footage.
But, there is a great deal of research data that tells you the best approach in
terms of getting the most reliable answers. The second thing is "generating trips"
- how much traffic. He digressed, asking what is "SANDAG"? It is the San
Diego Association of Governments. SANDAG has taken data which they
developed in their city plus some national data and created a simplistic table
which says, "This is an average trip generation rate". They've included peak
hour factors to make it easy to manipulate. Over the years, their data has proven
to be high. Most engineers use the Institute of Transportation Engineer's Trip
Generation (ITE) book. There are dozens of studies countrywide. He went into
detail on what the figures demonstrate. Every city in California, except those in
the SANDAG region, uses this book. The ITE book is very reliable, it's "the
bible", it's the most authoritative document. Trip generation is a mathematical
process. When you apply reason to the traffic numbers, two things come out: (1)
pass-by trips. People who are already on the street and who will turn in to shop
or run and errand. They don't add to the system. And (2) capture. This is not on
the chart. Here, if you've got a mix of land uses logic tells you to do several
errands in the same area. If you performed a theoretical analysis and did a trip
generation for every individual use and added it up, then counted all the cars that
are coming and going the two numbers would not match. Current research
shows it would not match by 55%. The caveat is if you have uses that really fit
together you are not getting much overlap. But if there is overlap, people will do
several things at the same center. That's why they use a trip generation rate ---
rather than add all the pieces together. The fourth aspect is where are these
vehicle trips coming and going from? You do a trip distribution and assignment.
Distribution being gene'ral assignment in various directions and assignment being
putting them into the various turning movements. The fifth aspect is looking at
growth. Two ways of looking at this are (1) ambient traffic growth and (2)
approved projects. You could also pick your horizon year --- a year when you
can reasonably predict when your project will be built. We're looking at the year
2001, a year when this .project could reasonably be built. We're also looking a
the year 2020 and assuming this project is in, what are the other major things
that would take place that could affect traffic access and circulation in this city.
Analyzing traffic impac(s is done in several ways. We look at the intersections ---
capacity is really achieved at intersections. It doesn't matter how many lanes
you have on the streets, it's how many lanes you have at the intersection. We
use the Intersection Capacity Utilization Method. This measures conflicting
movements. A second method is to look at the arterial link. This is sizing the
roadway. Lastly is the capacity analysis. Tied to this is a Level of Service. If it's
more than 1.0 is Level of Service (LOS) "F". If it's less than .5 it's LOS "A".
Typical urban standard'is LOS IIE". In some communities this is an acceptable
LOS because it's already there. A general description of LOS conditions is:
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c A:
Traffic moves fast, lane changes are easy, no waiting for
lights.
Room to change lanes, you should be able to get through
every traffic signal without waiting any length of time.
You can't always change lanes when you want to, you will
probably have to wait thru one traffic signal.
You're going to have to wait thru one traffic signal.
You may have to wait through more than one traffic signal.
c B&C:
c 0:
c E:
c F:
Traffic engineers next look to see how improvements can be made. Mr.
Greenspan described ~,ome of the current methods, such as smart traffic signals.
Next, who is going to pay for these improvements? Mr. Greenspan indicated
most communities use a fair share concept. They think that there's not just one
development contributing to the traffic impacts, there are many projects and there
is a background traffic growth, which no one can say, is attributable to anyone
person. For example, some of it's attributable to us --- we have children, they
grow up and drive. That's traffic growth.
. The Chairman asked for public testimony:
Bernard Veskin * 12512 ArQvle Drive. Rossmoor
Mr. Veskin asked if the ITE equations take into account the propensity of
Southern Californians to jump in their car at the "drop of a hat" and why it's
necessary to mix the ITE and SANDAG methodologies in terms of tabling it and
using SANDAG by-pass rates? Also, the comment about "letting reason apply"
versus taking the num~ers blindly. He said he was confused on how a 3,500-
seat church could generate 90 trips per hour.
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Mr. Greenspan replied that with respect to ITE and SANDAG, when they use
SANDAG they see an ITE rate they don't feel good about. Some figures just
don't seem right or feel right. They don't reject SANDAG out of hand. Most of
SANDAG's figures are higher and that's why they use the ITE book.
Regarding the church, when they do a trip generation the analysis methodology
is to use a fairly average weekday, a morning peak commute hour and an
afternoon peak hour. While a church will definitely generate a very high volume
of traffic at 10:00 a.m. on a Sunday morning, it generates very little traffic
between 7:00 a.m. and 9:00 a.m. on a weekday. That's the big disparity.
Chairman Rosenman said that looking at the Crystal Cathedral on a Sunday,
there's a lot of traffic. ~omewhere you have to allow for the impact of that church
on the community.
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Mr. Greenspan said that this is clear and if the EQCB wants, they could look at a
Sunday. Definitely there will be more traffic on a Sunday but also the on-street
traffic is significantly less.
Chairman Rosenman s~id Chapman Avenue is LOS "F" when the services let
out.
Lance Stein * 12691 Christy Lane. Rossmoor
Mr. Stein questioned blended uses. He said Mr. Greenspan had said that when
he looks at a retail center he lumps it together. In this case, if a home
improvement store would go in, it would generate a lot of traffic. How can he not
look at the parts of a retail center and know when there's an incredibly large
generator of traffic. He.,didn't see how that would be a typical retail center store.
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Mr. Greenspan said a home improvement store is not typical. However, you'd
get a modification in the trip generation of all the uses around it. They end up
feeding off the home improvement store. That's basically what they're looking at.
In most centers you have a driver, one store that generates everything. Years
ago the term anchor store was used -- everything revolved around the anchor
stores. Today nobody uses that term or looks at anchor stores. Now they look at
total square footage and the inter-play between all the uses. Typically the
leasing agents are selling the major generators as being the attractor for all the
other stores.
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Eualee Siler * Colleae Park East. Seal Beach
Mrs. Siler said that when she ran the SANDAG numbers on this project, the
figures came out to 26,000 vehicle trips per day. When you use the ITE manual it
comes out to 14,000 vehicle trips per day. That's almost a 50% difference. It
surprised her that the two manuals can have such wildly different amounts of
traffic. Her question is 'why is this so? Also, you are looking at the total shopping
center rather than the individual units comprising the center. The home
improvement center would generate about 600 vehicle trips per day. What about
the grocery store, which would generate about 2,000 vehicle, trips per day per
acre? We're looking at a grocery store in that center that would cover six (6)
acres or 12,000 vehicle trips per day. Mr. Greenspan used a figure, which
showed the entire shopping center generating 13,000 vehicle trips per day.
Something's wrong wit~ this. In comment #10 he said why is the traffic
generation similar for the proposed project and the existing zoning general plan
alternative? What are ihe amounts so different? She said she thought Mr.
Greenspan misunderstood that question. What we're saying to Mr. Greenspan
and what we're asking is, the existing zoning, the General Plan alternative is the
"Default Plan". That plan has 22 acres of commercial development. Mr.
Greenspan came up with a traffic number that was more than the proposed plan.
The proposed plan has 48 acres of commercial development yet he came up
with less than 14,000 vehicle trips per day. The "Default Plan" comes up with
14,247 vehicle trips per day. Why does a project that's half the size come up
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with almost the same amount more traffic? Why are your traffic numbers from
the ITE manual so different from the SANDAG numbers? Address the question
on why you came up with more traffic for a smaller commercial development?
And explain that grocery store? How can that grocery store have more traffic
than you estimated for the entire 25-acre commercial development?
Mr. Greenspan, answering the last question first, said, "I don't know". I only
know the data we deal with.
Answering the first question, he said, "I would respectfully reverse the concept.
It's not that ITE is "wildly" different, it's that the SANDAG numbers are wildly
different... II You're very close to the ITE figures. The primary point is there is this
animal called "capture". If you take each individual piece and multiply it by a trip
generation rate and add it up, it will never come close to the ITE numbers that
look at a mix of uses on a single site. You will get 55% less traffic. Secondly, as
he looked at his respon,se to #10, it's not based on acreage; it's based on
potential square footage. The general plan and zoning maximum is 350,000
square feet. And the project case is essentially 287,000. The larger square
footage would produce more traffic.
Chairman Rosenman advised Ms. Siler that to be fair he would have to let other
. people speak first and come back to her later in the meeting.
Ken Seif * Colleae Park East. Seal Beach
Mr. Seif said Ms. Siler made good points. He questioned ingress and egress
points. Secondly, what is the global impact of traffic on the local area and the
greater area? Some impacts can not be mitigated, such as areas that are
backed to freeways.
Mr. Greenspan said the first comment was "less traffic study and more site
planning". This is correct, you have to have appropriately designed driveways,
and they must be in the right place. He is disturbed when he drives south on
Seal Beach Boulevard people are trying to turn into commercial centers from a
traffic lane. He has to slow down to allow drivers to make unexpected turns.
Regarding impacts at Lampson Avenue, those are Year 2020 impacts. Such
impacts are really not attributable to the site or to anyone project. When you are
looking out twenty years you will have some issues you can't mitigate.
Chairman Rosenman asked Mr. Greenspan if there was more to his
presentation?
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Mr. Greenspan said he"d covered ITE and SANDAG. With respect to the width of
Seal Beach Boulevard, there was a comment it will be nine (9) lanes. "Yes, in
some places it will be but it essentially a six (6) lane arterial as called for in the
Master Plan. The additional lanes are do-a-Ieft-turn lane to get to and from the
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freeway. At one point you have an additional northbound lane which essentially
goes over the future bridge and connects the two off-ramps ... and provides a
lane to accommodate traffic leaving rather than forcing that traffic over...".
Chairman Rosenman explained there would be a change in procedures. He will
take questions but no responses will be given at this time.
Mike Sanders * 12132 Christy Lane. Rossmoor
Mr. Sanders asked how do the traffic figures relate to various types of shopping
centers?
Bernard Guskin * Rossmoor
Mr. Guskin wants to see the estimation errors of the ITE process. Wants to see
the data on the estimation error that this methodology has introduced in real
projects after they have been implemented.
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Eulalee Siler
Ms. Siler had questions: re 22-acre trip generation. She said question 10 was still
misunderstood. She said the existing zoning general plan alternative, that is the
3 parcels of land that Bixby has now that is zoned C-2. The 3 parcels are the
tennis courts at 7, the Arco site at 5, and where the Home Savings bank used to
be at 10. They equal 22 acres. In the DEIR it says the trips for those 3 parcels
of land is going to be 14,247 vehicle trips per day. Question #10, the answer
we're trying to get out of you, is why does this 22 acres of commercial generate
more traffic than 48 acres of commercial? You told me it's because the square
footage is greater on 22 acres. It's only greater because you're looking at the
wrong plan. We're not asking you about the general plan and zoning maximum
alternative. We're asking you about the existing zoning general plan --- the
"Default Plan". Why do we have more trips per day from a project that is half the
size? My answer to you is, when the EIR people were told to come in with the
lowest traffic numbers possible, to use the ITE manual if that's what generates
the lowest numbers, you forgot to go back to the existing zoning general plan
alternative and reduce that number so it would be compatible. That they're on
that page is proof that somebody made a mistake. You've either got a mistake
on the 22-acre plan or you've got a mistake on the 48-acre plan. You didn't
answer the question properly.
Chairman Rosenman pointed out that this is a draft document.
Mr. Steele explained that the document distributed tonight is not the City's
Responses to Comme'1ts. The document distributed tonight was intended as an
informational document for the members of the public who are present tonight.
What will really count will be the Responses to Comments that appear in the
FEIR.
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Member McGuire said ~hat as a clarification for persons who want their
comments addressed, when you speak at the podium please speak in complete
sentences. The comments may be misunderstood. As a suggestion, if you have
something specific you want addressed, you might put it in writing and bring it to
City Hall. It will be included in the Responses to Comments. Additionally, when
people are speaking at the microphone, somebody is going to have to transpose
everything that is said. If you talk away from the microphone, those comments
will not be heard and can't be a part of the Record. If comments are typed and
submitted then they are exactly what the person wants.
The Chair said the comments/questions should be directed to the Department of
Development Services at the City of Seal Beach.
Member McGuire said ~pies of comments could be sent to EQCB members
when they are directed to the City.
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Andi Culbertson
Ms. Culbertson spoke 6n the landscape treatment. She said the following was a
comment heard at the I~st EQCB meeting. It was that parkway along the Towne
Center and looking at the landscaping theme along Seal Beach Boulevard. The
Center has a generous amount of parking, there's buffer.
She referenced a graphic and suggested people might want to approach it to
view it better. It shows the project as proposed in the DEIR. It shows two
buildings at the main e~trances, moved back and inward to the Center very
slightly. It shows a variable 20' - 30' parkway with a meandering sidewalk and
trees and a large comer at the two entries for signage and more landscaping.
The idea is that it would undulate slightly. It would hide some of the parking as
seen from the street and would allow for larger tree canopies. This is just a
suggestion. If people are interested, it could start forming the foundation for
some ideas for the landscape plans. The Center, as proposed, would look very
different than the Rossmoor Center. It has a better landscape edge than the
Rossmoor Center has.
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Chairman Rosenman said everyone seems concerned about the church and
suggested modeling and analyses are done.
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Regarding the Airport Land Use Commission, Ms. Culbertson said the final item
in the presentation is an explanation of the ALUC review process. The Orange
County ALUC was created by statute --- the State Aeronautics Act in the Public
Utilities Code. The purpose is to protect airports from people encroaching on
them. It is not to protect people from operations at airports; it's to protect
aviation. How do they do this? The ALUC accomplishes this goal by preparing
an Airport Environs Land Use Plan, called AELUP. It takes the area within a
certain distance of the airport and evaluates the appropriate land uses for that
area from a noise perspective, from an airport operations perspective, from what
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kind of airport it is. The, AElUP is mandatory for all civilian airports and is
optional for military airpbrts. The Airport land Use Commission can decide not
do one for military airports. In Orange County the Airport land Use Commission
has done and continues to maintain an AElUP for military airports. We used to
have three military airports but now have two. The AElUP is the guiding criteria
when the Airport land Use Commission reviews this EIR. Culbertson Adamson
& Associates was most careful to explain the AElUP and state their belief that
this project is consistent with its policies and its land use cate~ories. The Airport
land Use Commission will comment on this DEIR by May 29t. Within sixty (50)
days of receiving the DEIR, the Airport land Use Commission must have their
comments on consistency or they waive their participation. The forms of
recommendations they can make are to find this project consistent with the
AEUlP, they can find it consistent and suggest conditions of approval to more
fully carry out the objectives of the AEUlP and the State Aeronautics Act or they
can deny the project. If they deny the project, then the project can only be
approved by the City Council by a 4/5ths over-ride vote. It's a very narrow focus,
much like the California Coastal Commission.
Member Hurley said the public's deadline for comments is May 29th but what is
the Airport land Use Commission's deadline?
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Ms. Culbertson said the Airport land Use Commission has the same amount of
time to comment on the DEIR --- May 29, 1998. But they take another action,
wholly independent of ... [interrupted by Member Hurley apologizing].
Member McGuire asked if the Airport land Use Commission held public
meetings?
Ms. Culbertson said yes but she did not know when it would be scheduled.
Member McGuire advised the public that they might attend and give public
testimony at the Airport land Use Commission's meeting on their issues of
expertise.
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Chairman Rosenman asked about the Caltrans letter and handbook. Ms.
Culbertson said that letter was not written by Caltrans headquarters but rather by
a member of Caltrans' environmental staff. There are things in the DEIR, which
discuss the issues brought up by that letter. There are differences but there are
also differences between the Airport land Use Commission and the AElUP with
that letter. There is a letter from the Colonel who has the responsibility for
managing the operations at the base that disagrees with the general comments
of the Caltrans letter. There are several factors to consider and one letter from
one division of Caltrans is not necessarily the end of the discussion. Mr.
Whittenberg said those letters will be responded to in the Response to
Comments --- that's the purpose of the process.
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Ms. Culbertson indicated this was the end of their presentation.
Recess at 8:07 p.m. R7convene at 8:12 p.m.
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The Chairman worked on arranging the order of the speakers. He said people
who have not spoken would speak first. Member Hurley asked how long the
meeting would last tonight? Member Voce said there are about 12 - 13
speakers. Chairman Rosenman said the tentative adjournment is 9:30 p.m. and
they must stop at 9:00 p.m. to change the videotape.
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Albert Kime * Colleae Park East
Mr. Kime spoke about computation of acreage at Lampson and Seal Beach
Boulevard. He referenced 2.1, paragraph 4. "This area will contain
approximately 5.5 acres of open space in the form of a greenbelt adjacent to
Lampson Avenue, Seal Beach Boulevard and the adjacent freeway off-ramps.
This greenbelt, to be dedicated to the City, will also offer space for future
roadway widenings and transit improvement". The site is 13.7 acres, the
developer proposes to dedicate 5.5 acres to the City, leaving 8.07 acres for the
developer to develop. It is proposed the remaining site will contain two
restaurants on 2.14 acrles, a hotel on two acres and a 90-unit senior citizen
complex on four acres.' This is a total on 8.14 acres; there is a negative. This
indicates the site will be overbuilt and will have no landscape buffer from the
roadways as was intended by the suggested greenbelt. The computation is
seriously flawed. Additionally, the DEIR does not recognize the widening of the
22 freeway and the resulting revisions of the northbound off-on ramps. The land
dedication required for the north side of Seal Beach Boulevard from the
reconstruction of Lampson Avenue does not indicate the two lanes, the bus turn-
out, the bike path, parkway or City sidewalk. The Lampson Avenue revisions will
also include another lane, a bus turnout, a bike path, a parkway and a City
sidewalk. This resulting land dedication could easily require 8 or 9 acres, more
than the 5.5. Proposed for the greenbelt. The DEIR incorrectly refers many
areas of Lampson Avenue as a four-lane, undivided roadway, no median. There
is a median all the way.from Seal Beach Boulevard to the eastern City boundary.
This needs to be corrected. Lampson Avenue is a four-lane divided roadway.
Serious thought must be given to revising the existing median from Seal Beach
Boulevard to Basswo09 Avenue/Lampson Avenue. Particularly because the
proposed 10' berm woLlld worsen an already blind curve condition at the
proposed driving range. The freeway and roadway concrete, the median
dedication required for the proposed changes should be finalized in its entirety
prior to the greenbelt considerations. The greenbelt should be vested on the
remaining land and thereby reserve the intention of the forests and wooded area
within the planned construction. Construction of buildings and landscaping
should complement ea~h other. Most of these issues were first brought to public
attention in a letter to Keith Till, dated August 20, 1997, signed by myself and
several other College Park East residents. He thought this letter was forwarded
to the developer and has been included as supporting detail for the DEIR. For
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some reason, the issues have not been fully or adequately addressed. The most
conspicuous DEIR absence is the widening of the 22 freeway to the 605-freeway
north. This subject has had three public hearings and has convened a
committee of interested parties, including Steve Badum the City Engineer. This
DEIR cannot be accepted until it addresses these issues. He spoke on
improvements to Seal Beach Boulevard, saying the proposed improvements
(figures 23A and 23B) Will reduce the open space by 1.2+/- acres, not 5.5 acres.
They don't mention the bus turnouts. The 1.2 acres is probably inadequate.
They do not mention what is going to happen to Lampson Avenue. He felt the
5.5 acres of wooded lot would be gone. When they widen the 22 freeway it may
or may not impact this site but the off-ramp will and they need to plan for this
land. This has not been done. The dedication of 5.5 acres for greenbelt,
landscape buffer or futl:lre roadway improvements --- but if the roads take more
than 5.5 acres make this a silly statement.
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Shirlev Kirkpatrick * 12331 KensinQton Road, Rossmoor
She has been an urban forestry consult for Dana Woods. Twenty years ago
Orange County was stopped from removing 600 trees from the community of
Rossmoor. She won this case. This is when the value of urban forests was in its
infancy. Now, this is valued nationwide. Given these facts, how can anyone
justify the removal of a Ifull-grown stand of Eucalyptus?
Ken Seiff * Hazelnut Drive, Seal Beach
Mr. Seiff complimented the EQCB and residents on the cogent comments they
have made. He hopes the developer does not pull the plan if he doesn't get what
he wants. There has been a lot of hard work done.
Regarding Area C, the ,site is not mitigatible. There are ingress/egress issues
which mandate density. has to be dropped dramatically. The site is troublesome.
There is no ingress/egress of Seal Beach Boulevard. If not, the developer would
have to compromise in some other way to develop a plan the City could live with.
Regarding the loss of trees, replacement on a 4: 1 ratio is not adequate. The new
trees will not.grow for a long time.
Regarding the devil in the details -- how the driveways are designed, the
spacing, the parking lof design -- landscaping should save trees in parking lots.
The City should be involved in the removal of all trees.
The job of the developer is to gain profit; our job is to protect the area where we
live. The developer should listen to the residents, the boards and committees.
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Audrev Kime * ColleQe Park East
Mrs. Kime said she and her husband walked the site, especially looking at the
. trees.
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Regarding the trees, many of the Eucalyptus trees are sprouted stumps. In the
windrow they have been hacked, chopped and cut to a point where they are no
longer attractive. They're almost like weeds. Some of those trees should be
replaced with more attractive trees. Additionally, the view from Rossmoor to the
proposed development'is not a pretty view. You're seeing vacant, untended lots
with tall weeds. '
Regarding the church, Mrs. Kime decided to prepare another proposal to offer
the developer and the consultant. She felt the church was too large. "The
Vatican doesn't have a chapel that is that large!" It could be made smaller and
offer more services.
Regarding the hotel, it i,s not a desirable use at its present location on plot C.
Plot C would turn the hotel into a hot sheet hotel with a second owner... in and
out in one hour. She suggested making the church smaller and put it on plot C.
Then, put the hotel and the senior citizen at the other end, on the 15 acres. She
suggested the driving range could be moved and put it in back where the sod
farm is. She gave some paperwork to Director Whittenberg.
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Irwin Anisman * Rossmoor
Mr. Anisman said Rossmoor and Los Alamitos would be severely impacted by
this proposed project. The Rossmoor Homeowners Association convened a
committee to study, analyze and comment on the DEIR. They recognize the
owner's right to develop their property. They will address certain issues before
the Planning Commission and City Council when their hearings are held.
Regarding the DEIR, they found deficiencies in the analysis and mitigation
measures. They will present the highlights tonight and will submit them in writing
to the City by May 29.
Mr. Anisman indicated that Mike Sanders will present concerns of RHA that deal
with land use issues as they relate to the DEIR. There was some talk earlier
about the ALUC and their next meeting. He talked to Eric Fried and their need
meeting will be May 21, 4:00 p.m. At the Hall of Administration, Santa Ana, first
floor.
Mike Sanders - Rossmoor Homeowners Association (RHA)
Mr. Sanders spoke on land use issues and lack of specificity. His overhead slide
focused on the key points while he was making his comments. Four issues
related to land use and socio-economic impacts were covered:
1.
There is a lack of specificity as they relate to land uses within the project.
It is a stated project objective to provide uses that will satisfy demand,
satisfy community needs. Yet there has been no attempt to solicit
community input. The DEIR has no meaningful community input on retail
commercial component for area A, a 25-acre site. There is no information
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on the theme of the project, the proposed uses etc. He and the RHA felt
it's really impossible to properly evaluate traffic and aesthetics without
knowing the kinds of uses going in there. The DEIR is incomplete without
this information. The fiscal impact analysis prepared for the City actually
has this specific information and yet it's missing from the DEIR.
2.
The Rossmoor Center and the fact the DEIR doesn't consider project
impacts as they relate to that center. The DEIR indicates that a land use
impact is considered significant if a project disrupts an established
community or conflicts with adjacent land uses (page 5-11). There's an
acknowledgement that the Rossmoor Center is in a state of decline; area
residents do not dispute this. There's an implication that it's a candidate
for redevelopment and this is likely to happen with or without the proposed
project. Any impact on Rossmoor Center is dismissed because the DEIR
does not foresee any physical changes. He felt it is interesting the DEIR
doesn't considerl physical changes like loss of tenants, customers,
increased vacancy and all the things that go along with that. If that center
becomes blighted he thought there would be definite aesthetic, public
safety, crime and other impacts and these impacts should be addressed.
A way to mitigate these impacts would be to look at this plan and at a way
to integrate the two centers.
3.
There is a question on whether the fiscal benefit to the City associated
with the proposed project would allow for the offsetting decreases in
revenue to Rossmoor Center, which would likely occur.
4. There are concerns about the proposed land uses. For example, this plan
allows up to 75,000 sf of restaurant space in areas A and B. A Sizzler
restaurant is about 6,000 sf. This is enough restaurant space to build 12
Sizzler restaurants. This area is across the street from the former Tortilla
Beach restaurant, which has been vacant for upwards of five (5) years.
This underscores the importance of considering the specific land uses in
order to properly evaluate the environmental impacts.
5. Regarding accident potential zones at the southwest end of the base
runway and the fact they are not recognized because there is limited
activity at the base now. If routine activity at the base increases (page 5-
177) these accident potential zones would extended well into the project
and would create significant safety concerns which could not be mitigated
once the project is built. The AELUP specifically excluded uses such as
churches, schools, restaurants and places of public assembly from these
accident potential zones.
6.
Regarding jobs/housing balance goals by SCAG, there is a notation in the
DEIR that the north Orange County area is jobs rich. He suggested there
be more housing as opposed to commercial development. The lack of
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jobs/housing balance is identified as a significant impact and a possible
mitigation measure would involve a residential component.
Mr. Whittenberg asked for a copy of the overheads.
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Milt Peterson · Rossmoor Homeowners Association (RHA)
Mr. Peterson said the real and direct added traffic from this project, around and
into Rossmoor is one of their most serious concerns. They were concerned about
the congestion at the Katella Avenue/Los Alamitos Blvd. Intersection. The DEIR
says they would not be able to mitigate this problem to an acceptable level. It will
require Seal Beach to adopt a Statement of Overriding Considerations if the
project is approved. He hoped the EQCB would carefully consider the
appropriateness of this significant compromise.
South of Rossmoor, the next major impacts are Seal Beach Boulevard, the 405
Freeway overpass bridge and the freeway on-ramps. The DEIR projects traffic
growth requires all of these to be greatly improved, including widening of the
overpass bridge. Unlike the Katella Avenue intersection, these improvements
are feasible given sufficient funds and time to do the job. The project developer
will participate in these improvements according to law. He hopes the City of
Seal Beach had all the added required funds to take on such a major task. If not,
the direct impact on th~ir citizens in Leisure World --- in terms of medical
response and fire respqnse --- would be tragic.
I
Next, the most signific~nt impact to Rossmoor residents is the cut thru or
intrusion traffic. The DEIR traffic analysis has an intrusion study into Rossmoor
and Rossmoor residents like this and see it as helpful in the final analysis.
.
Referring to an overhead, he talked about cut-thru traffic. He described the
boundaries of Rossmoor. Katella and Los Alamitos Boulevards are heavily
congested intersection~ and will stay that way if this project is approved as
scoped. Long-time residents know and the DEIR confirmed that many motorists
avoid this congestion by cutting through Rossmoor at Wallingsford and exit at St.
Cloud. Northbound Sepl Beach Boulevard traffic can be averted if they reverse
this path, thereby missing all the traffic lights and congestion. This can only get
worse if this project is built as proposed. Congestion will continue to increase at
the intersection and motorists will need to turn south to the project. One of the
major exits dumps right into St. Cloud, this is an invitation to drive through
Rossmoor. Rossmoor doesn't want this intrusion traffic. We have an identifiable
problem and this project will add to it. Despite the traffic analysis, the DEIR
states "In the absence of an identifiable intrusion problem, no mitigation is
needed". He could not understand this statement. The DEIR is deficient in not
identifying the project contribution to this on-going problem and identifying means
to mitigate it.
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Next the project propo~es to add a right-turn lane on eastbound St. Cloud Drive,
exiting south from Rossmoor. It's not stated in the DEIR if there's room for this in
the current right-of-way. We just opened the bids today for the new community
wall. This would preclude the ability to move further south beyond that right-of-
way. They need to understand the physical geometry of this. Since Rossmoor
has been fully built-out for the last thirty years, it's difficult to foresee what the
significant added traffic is that we have to accommodate coming out of
Rossmoor.
Chairman Rosenman asked the speaker if he had almost completed his
comments as his speaking time was expiring.
Mr. Petersen continued, saying the DEIR is deficient in not calling for an overall
traffic analysis of the two centers and the surrounding local communities.
Finally, the traffic generation calculations are of concern. The Chairman asked
those figures be submitted in writing and the speaker agreed.
,
Chairman Rosenman called a five-minute break to change the videotape.
Recess at 8:55 p.m. Reconvene at 9:05 p.m.
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Bernard Beskind * RHA
Mr. B~skind spoke on noise and air quality impacts. Mr. Beskind said he had five
charts to present with his comments. Noise measurements are designed to
assess the impact of a sound as heard by a human ear. The community noise
levels, CNELs, are designed to assess the irritation on an average community.
These measures are geared toward healthy human beings, living average lives,
doing normal human activities. The residents will feel the largest portion of the
noise impacts in the senior care facility located at the end of the runway next to
the freeway. The traffic noise in that area exceeds State standards. There are
two numbers in the DEIR showing 75dba and another showing the expected
noise of an apartment building next to a freeway as being 87dba. The State
standard for outside noise is 65 CNEL. The people in the senior center would
not be able to participate in any enjoyable activities at that site.
The aircraft noise is measured the same way. He asked the audience to
consider themselves as lying in a bed, confined, lying in a bed, not well and
suddenly hearing a large jet plane coming in. He didn't know if there had been
studies done re noise effects on the sick, infirm or elderly. The standard noise
measures most likely don't take that into account. Those jets have been
measured at 118 dba; cited in Appendix G. There is no estimate in the DEIR on
the increased intensity of that traffic due to emergency operations when that site
reverts to its designated support for FEMA or other emergencies. From a noise
point of view, the site for the senior care facility seems to be inappropriate.
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Regarding long term air quality, traffic is the primary source of the air quality
problems in our air. The DEIR seriously understates the local effects of the
carbon monoxide emissions. The analysis in the appendix assumes the average
trip length is 9 miles and that their average speed is 25 MPH. When you're stuck
in traffic this isn't true. The difference between traveling 5 MPH in that area
(more typical) or 25 MPH is a five-fold increase in the carbon monoxide
emissions per unit of time spent there. That says the carbon monoxide problem
in the local area is being understated significantly in the DEIR. Similarly, the
breathing particulates which come of the tires and brakes, is increased when
you're in stop-and-go traffic. This is a more severe air quality impact in this are
than is averaged over the 9-mile trip. The consultant's Appendix paints a much
grimmer picture than appears in the Summary Report. Mr. Beskind included
quotations from the consultant -- "The elderly may suffer worsening illnesses
and perhaps premature death, particularly from breathing the particulate
matters". The consultant is saying to us don't build that senior care facility at that
location.
.
Regarding the construction phase and changes to mitigation, the DEIR has
mitigation measure J-1'suggests that the activities within 500' of residences be
limited to 7:00 a.m. to 8:00 p.m. Monday thru Saturday. There are heavy
construction activities, namely the earth grading equipment's, jack hammers, pile
drivers, which make very obtrusive sounds. People who live in that area are
entitled to have quiet dinner hours. It would be more appropriate to restrict the
use of this heavy equipment to more reasonable hours, such as 8:00 a.m. to 6:00
p.m. Monday thru Friday.
.
Regarding dust, mitiga\ion measure E-J says they will suspend all grading when
the gusts exceed 25 MPH and they will water the site morning and night and will
wash off all the equipment. But, if there are Santa Ana conditions during the
grading phase and if there are sustained winds in that area the ground will dry
out faster and there will be dust in the air. He suggested another mitigation
measure be developed, one dealing with the average speed of wind during the
grading phase in particular. For example, if the average wind is exceeding 15
MPH, in addition to the dust criteria, that there be a restriction on the grading.
Finally, a common sense wording to the effect that if the dust interferes with air
operations or traffic (as determined by the CHP or Army Reserve Center) that
similarly the grading will be suspending during this period of time.
In summary, we would like to see more stringent controls during construction to
get rid of these problems and to make the construction phase more bearable to
the residents living in close proximity. The senior care facility should not be
allowed at that site and should perhaps be switched with the church site.
.
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Helene Helprin * 3201 Kempton Drive, Rossmoor
Ms. Helprin went numerically through mitigation measures on aesthetic
considerations and corrymented on the cumulative impacts.
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Regarding the following Mitigation Measures (MM):
1: Concerning the concentrated perimeter, the landscaping does not state
the type of trees. The plans show "mature trees". But unless they plan
and state a certain number, type and maturity level we can expect young
trees, which will take many years to grow.
9: They do not state the maturity of the landscape to create a buffer zone.
What type of buffer zone? Now or thirty years from now? What types,
density? A low buffer will not be adequate to screen views and ensure
privacy to surrounding homeowners.
.
10: Under the existing DEIR, aesthetics section, it states that aircraft could be
sensitive to or disoriented by high intensity lighting. Under the project
impact it states the lighting associated with the proposed development
would be "typica.l" of that already occurring in the area. What does this
mean? They say that would not affect the safety of aircraft operations.
Quadrupling the amount of lighting, even if it's low density lighting,
assuming that the lighting in the area says it will be compatible with
aircraft still seems dangerous and a blight to the aesthetics.
13: The landscaping along the periphery of the site that shields against glare
and auto headlights will not be dense enough or adequately tall enough to
do the job. This must be considered.
14: This should be changed to read "All materials shall (not should) be
selected with attention to minimizing glare impact.
.
Regarding the cumulative impacts re this section of the DEIR, the statement was
"Given the highly urbanized nature of areas surrounding the project site, and
other night time lighting in adjacent areas, these cumulative aesthetic impacts
are not considered to b~ significant. Project development will therefore not
significantly alter regional or cumulative aesthetic conditions". This is totally
understated. The changes in visual appearance of the project are very large,
they are not incremental. An increment is a tiny amount. Rossmoor is an
urbanized area but it is not a highly urbanized area. It is largely residential and
the density is actually lower than average for such an area because of the larger-
than-average lot sizes. Rossmoor has one of the highest property value
averages in all of Orange County because of the large lots makes it a desirable
place to live. Erosion of the aesthetics, a blight to the area, will eventually lower
revenues and increases the need for police enforcement. If you have an area of
higher residential value, people in these areas usually have greater discretionary
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income for spending on extras. If you want to attract these people, the aesthetics
are a major consideration in the enhancement of that area. Again, the
Eucalyptus trees are not a frivolous issue here. If Bixby wants to give
themselves a positive spin, the trees should be used as a development
signature. The trees should be maintained.
Jean Beaslev * Rossmoor
Ms. Beasley discussed biological resource impacts in the DEIR. The major
impact is loss of trees associated with the development plan, particularly the
Eucalyptus windrow on Seal Beach Boulevard. The DEIR states that Eucalyptus
trees may be used for nesting by birds of prey (Hawks and Owls) and that the
Eucalyptus grove may be a wintering site for the Monarch Butterfly. Neither
Raptors nor butterflies were observed during the on-site surveys performed for
this DEIR. It could be assumed these surveys took place at a time of year when
these creatures were not in this area. Therefore, additional site surveys are
warranted to establish the true impact of this project on the area's biological
resources. Additionally, they would like to have expert testimony on the
clustering habits of Monarch butterflies. This should address such issues as how
large a grove of trees is required to attract the butterflies to the area.
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MM G-12 states that the major tree trimming shall occur mid-October of mid-
November in order to avoid interrupting season for birds of prey and the Monarch
butterfly clustering. But on page 5-136 it is stated that the butterflies arrive in
early November and are intolerant of disturbances involving the microclimate of
their site, such as tree trimming. The tree trimming then should be complete by
the end of October. This is a moot point if the trees are all removed.
Regarding loss of other wildlife to the area, during the site survey most of the bird
activity was in the fallo~v area. Under this plan that area would be completely
absorbed by this development. With the loss of the Eucalyptus windrow and the
managed environment of the golf course will make this area virtually devoid of
wildlife. An exception to this could be an increase in the rodent and pest
population, which are currently kept under control by the birds of prey. They
would like to see the DEIR incorporate features which would attract birds and
other wildlife, such as greenbelts, trees and natural water features, open space
areas.
.
In replacing trees, MM G-13 does not state that the trees to be removed will be
replaced with like species. This is critical to the success of the mitigation,
particularly with regard,to the Eucalyptus. Trees, which are disease prone,
should be replaced with hardier species. But they don't want to see the
Eucalyptus trees replayed with any other tree but Eucalyptus. The language in
the DEIR must be modified to state the species to be replacements. The DEIR
should verify the adequacy of the soil where the windrow is to be located and
establish an irrigation plan if necessary. Improvement in the tree pruning policy
is discussed but it sho~ld be made a long-time commitment by the developer, at
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lease for the life of this project. The RHO wants the developer to make a
concerted effort to preserve as many mature trees as possible. They want as
natural look to the project as possible.
Sandra Genis * No Address Stated
Ms. Genis spoke on church issues. She said the Southern California "mega
church" has exercise cl~sses, craft classes, "Mommy and Me" classes all day, all
evenings. This goes on day in and day out and evenings. A small congregation
could not support these activities. She wondered if the consultant did a straight-
line projection from a typical small church or whether special consideration was
given to a mega church. She wanted to know how many examples of these
mega churches are in the ITE manuals and where they are located
geographically. With that in mind, she asked for accounts of the specific
congregations which are moving in, including what their activity levels are, how
many services do they have, how much are they split, what types of evening
activities do they have. The church traffic should be considered in conjunction
with the recreational traffic, which would happen on weekends. Also the number
of occupants per vehicle. The parking appears to assume 3 occupants per
vehicle or 3 church seats per vehicle. Does this apply to the current
congregation that anticipates moving in?
.
Regarding air quality, her concern was how the mitigation measures would be
enforced. For examplel, the ride share requirements may not be practical for
small employers.
During the traffic presentation the term "cumulative impact" came up. This will
make things worse. To have a meaningful discussion we need to know how
much worse, are you sitting through two cycles of a light or will you sit through
three or four? How ma~y seconds or minutes will be the additional delay
,
Eulalee Siler * Colleae Park East
Reconsider items 3. 5. and 8. Ms. Siler said the DEIR's beginning pages list nine
objectives of this project. The objectives appear to be the objectives of the City
of Seal Beach and Bixby Ranch Co. They don't have any input from citizens who
live north of the freeway. She suggested items 3, 5 and 8 be reconsidered based
on citizen survey. There have been approximately 3 surveys and 1 petition for a
total of approximately ~OOO people who have stated they don't want commercial
development.
f
Chairman Rosenman ~sked the speaker to focus on the mitigation measures.
How it's deficient and how it could be corrected.
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Reconsider Table 53.
Appendix A. Volume 2. Requested Appendix A be included in DEIR itself.
Appendix A is important because it shows what the traffic is over a 24-hour
period. At the corner of St. Cloud/Seal Beach Boulevard the traffic is 40,000
vehicle trips per 24-ho~r period.
Eucalvptus trees must come out to widen the highway for this project. It's
inconsistent to say you don't want to sit in traffic and you want to save the trees.
If this project is built, the trees come out.
Paae VI-2 - Requests the consultant change the page number for the five
unmitigatible features of this development. Verify this page number.
Financial Analvsis - the numbers appear exaggerated for the commercial
elements of this project. and underestimated for the residential. If people review
the financial analysis prepared two years ago on the residential plan they will see
an amount of $850,000 yearly to the City but in the current financial analysis it's
only $300,000.
.
Environmentallv Superior Alternatives #1-11 - Clarify the relation between
Tables 51 and 63. Go back to table 51 and re-evaluate before you make list 63
because all the comme'rcial plans float to the top of that environmental superior
alternative list. Considering all the alternatives have so much traffic, there really
isn't any reason why they should be at the top of being environmentally superior.
Drop in Homes Value - While this plan seems to be a financial gain for the City
of Seal Beach and for the developer, it is not to the residents north of the
freeway. The homes will drop in value when the noise, pollution, traffic, felled
trees come into reality.
Hal Norton * Colleae Park East
Mr. Norton spoke on the impacts on the ability of the AFRC to continue to
operate. He said the DEIR has not given enough attention to the AFRC's
operations have on the community and the Orange County/Los Angeles basins.
The ALUC will look at the place for training of pilots and maintenance personnel,
marshalling an operation for disaster, logistic support for the Naval Weapons
Station and NASA, a secure place for Air Force One, a place for housing and
employment of military:personnel. These tasks will become more important with
the closing of EI Toro. Regarding night flying, pilots will wear red goggles to
increase their night vision. If the driving range lighting is removed and if they've
taken off their goggles ~hey instantly lose their night vision. Mr. Norton said we
should look at the impact the AFRC has.
.
Chairman Rosenman thanked the RHA for the clarity of their overheads. He said
this appears to conclude the public portion of this meeting.
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Staff Concerns
Mr. Whittenber~ asked the Board if they wished to receive more public testimony
at their May 27 meeting?
EQCB Concerns
Member Christ thankeq all speakers for their clear comments.
Member McGuire asked Mrs. Culbertson how was the criteria measured that
Mrs. Siler asked about?
.
Mrs. Culbertson said State law tells us how to define project objectives. The law
says they must state what the project's objectives are, not the citizen's
objectives. Once you state that objective that is one of the criteria against which
you measure whether the alternative is feasible and capable of achieving project
objectives. It's one of the questions that CEQA causes us to ask on project
alternatives. It's not the only measure. The goal of project alternatives is to look
for alternatives that reduce or eliminate significant environmental impacts brought
about by the project. At the Scoping Sessions people asked the consultant to
look at other land use alternatives. Some have the same impacts as the project
and some have greater impacts. There are three tables in the alternatives
sections. She explained the three tables.
Member McGuire asked if the developer determined the project's objectives?
Mrs. Culbertson said the project's objectives are determined by the proposed
project. This is a developer project; it's a developer-driven application. It's
because State law requires you to state "What is this project trying to do?"
Member McGuire stated for the Record that there was a comparison as to
numbers on a previously proposed project, and she wanted to state that the
figures on the residential (they were talking about the financial analysis) that this
Board found that data incomplete, incorrect and inadequate. Those numbers
used previously should not be used now. This Board did not certify the previous
EIR for the mixed-use plan or recommend that it be certified.
Members Hurley asked what figures were wrong? Chairman Roseman
answered they were the figures Mrs. Siler was referring to.
Regarding comments from the EQCB, Member McGuire said "My comments will
be in writing to make s~re that my intent is not lost...". She thanked everyone for
speaking. For those unable to attend the meeting tonight she noted a Response
to Comments would be prepared and distributed. She encouraged everyone to
read these in the local libraries.
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Member Voce said that when the EaCB makes its final de;iberations that a
Board member doesn't need to reiterate what the speaker has said. When the
'comments are made at the microphone it's on the Record in the- Minutes. He _
thanked everyone for speaking. .
Member Hurley said he wanted to comment on the DEIR and he would do so at
the next meeting both orally and in writing.
Adjournment
The Chair adjourned the meeting at 10:15 p.m. The next EaCB meeting will be
May 27, 1997 at 6:30 p.m. in City Council chambers Public testimony on the
Bixby Ranch DEIR will be taken.
Respectfully Submitted:
C\o~
Joan Fillmann
Executive Secretary
Planning Department'
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APPROVAL:
The EaCB Minutes of May 13, 1998 were approved by the
Board on July 29, 1998._
1 These minutes were transcribed from an audiotape of the EaCB meeting.
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