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HomeMy WebLinkAboutEQCB Min 2004-04-28 .-, 1 e2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 . 1CITY OF SEAL BEACH Environmental Quality Control Board Minutes of April 28, 2004 Chairperson Unrath called the Environmental Quality Control Board (EQCB) meeting of April 28, 2004 to order at 6:30 p.m. The meeting was held in City Council Chambers and began with the Salute to the Flag. Roll Call Present: Absent: Chairperson Unrath, Members Barton, Hurley, O'Malley, and Voce None Also Present: Department of Development Services Mac Cummins, Associate Planner II Approval of Agenda MOTION by Voce; SECOND by Barton to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None III Oral Communications Chairperson Unrath opened oral communications. There being no one wishing to speak, Chairperson Unrath closed oral communications. IV Consent Calendar 1. RECEIVE AND FILE - Letter to the City of Long Beach Re: NOP, Draft EIR - "Long Beach Home Depot Project." Letter dated April 14, 2004. 2. RECEIVE AND FILE - Minutes of the March 16, 2004 Restoration Advisory Board (RAB) meeting. 1 These Minutes were transcribed from an audiotape of the meeting. 04-28-04 EQCB Minutes.doc Page 1 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 3. RECEIVE AND FILE - Memorandum to the EQCB Re: "Errata to Village at Rossmoor Center Mitigated Negative Declaration, " Dated April 16, 2004. MOTION by Hurley; SECOND by Voce to approve the Consent Calendar as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None V Scheduled Matters Chairperson Unrath proposed that Item No.6 be heard before Item Nos. 3 and 4. He polled the Board to see if they were in agreement. The Board agreed. 6. Receipt of Board Comments Re: Initial Study/Mitigated Negative Declaration - Village at Rossmoor Center Project (Document previously provided.) Recommendation: Receive comments and forward to staff for incorporation into final document. Staff Report Mr. Cummins provided a brief overview of the proposed project and the procedures for completion of the project. He explained that the EQCB is responsible for reviewing Environmental Impact Reports (EIR), which are CEQA documents. He stated that the document under review tonight is a Mitigated Negative Declaration (MND), which requires a slightly different process than an EIR. He indicated that whenever an applicant proposes development of any type, the City must complete an environmental review and publish findings for review by members of the public. He stated the environmental review includes preparation of an initial study, which is a checklist of items showing a range of findings from "not significant" to "potentially significant impact." He said that based upon these findings, the City prepares an environmental document to be circulated for public review, and for the Rossmoor Project the appropriate document was determined to be a MND. He noted that a copy of the MND is available for viewing in the Department of Development Services and is also available at the Rossmoor, Leisure World, and Mary Wilson libraries. He indicated that the document has a 30-day public review period and any member of the public, adjoining jurisdiction, or other interested party can present their written or verbal comments. He stated that after review of comments received a written Response To Comments document is created and forwarded to the appropriate voting body. Mr. Cummins then explained that the role of the EQCB in the process varies depending upon the type of document required. He stated that the EQCB reviews all environmental documents and provides input on the adequacy of the document under state law, but does not have a formal role in this process and will not approve or deny 04-28-04 EQCB Minutes.doc Page 2 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 any documents of this type, and will not make a formal recommendation to City Council. He stated that as currently proposed, the Rossmoor Project is going through the MND process and the Planning Commission (PC) will be the ultimate decision-making body. He said that this evening the EQCB would take input from the public and provide input to Staff. He indicated that this would not be a question and answer session; however, if anyone has questions they may direct them to Staff via telephone or by visiting the Department of Development Services. He indicated that notice of the Planning Commission meeting at which this document is to be reviewed would be posted in advance of the meeting date. Mr. Cummins then provided a brief description of the project and stated that the original mall had been constructed in various stages between the early 1960's and the mid- 1980's. He stated that the project area measures a little over 6.5 acres with the proposed project title of liThe Village At Rossmoor." He said the 9 existing buildings in that portion of the Rossmoor Center totaling approximately 78,000 square feet are to be demolished and to be replaced with 8 new buildings comprising approximately 73,995 square feet. He then noted that the City was asked to vacate right-of-way of a public alleyway that runs along the rear of the property, and this request will go before City Council. He noted that a number of letters were received regarding this project, with copies of those letters specifically addressed to the EQCB provided for each Board member. He said that these letters would be incorporated into the Response to Comments prepared by Staff. Mr. Cummins then proceeded to explain that with regard to The Parasol Restaurant, this issue is touched upon in the MND, and Staff will take public comment and will assess this entire issue as a function of CEQA, and not as an issue of whether or not everyone likes The Parasol Restaurant. He then introduced Shawna Schaffner of Culbertson Adams Associates (CAA), the agency retained by the City of Seal Beach to prepare the MND for this project. Ms. Schaffner stated that CAA prepared the initial study and MND for The Village at Rossmoor Center on behalf of the City of Seal Beach. She said that CAA also retains the services of technical sub-consultants for preparation of detailed studies in the areas of traffic and transportation, air quality, and noise. She noted that the MND proposes 16 mitigation measures in the areas of air quality, geology and soils, hazards and hazardous materials, noise, and hydrology and water quality. She indicated that the review period runs from April 8 through May 10, 2004. She reported that the MND was circulated to state agencies and to 30 local governing agencies, and a Notice of Availability was mailed to over 600 nearby residents. Chairperson Unrath asked if the MND also covers aesthetic and cultural resources. Ms. Schaffner confirmed that the MND does cover this. Public Comment Session Chairperson Unrath opened for public comment. Ms. Mary Francis Luebben of Los Alamitos said she has lived in Los Alamitos since 1962. She asked whether notification of 600 residents was sufficient. She said this 04-28-04 EQCB Minutes.doc Page 3 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 project not only affect residents of Los Alamitos, but also surrounding cities, such as Cypress. Ms. Nancy Luebben said she has also lived in Los Alamitos since 1962 before The Parasol was built. Chairperson Unrath asked what year the restaurant was constructed. Ms. Luebben reported that it was constructed in 1967. She stated that because mostly Seal Beach residents do not surround the Rossmoor Center, the actual environmental and cultural impact upon the community is profoundly on other people, like those in the unincorporated portion of the County, in Rossmoor, in the City of Los Alamitos, and in the surrounding areas. She indicated that these residents did not receive notification. She said that they found out about the issue of The Parasol approximately 2 weeks ago, considerably cutting down their public comment time. She noted that most people were not aware until they saw the articles in the Sun and Enterprise newspapers. She recommended extending the comment period. Ms. Luebben then read into the record a letter from a group of concerned citizens who call themselves The Friends of The Parasol stating their opposition to the demolition of The Parasol Restaurant. Ms. Luebben then presented a petition with signatures of citizens supporting preservation of The Parasol. Mr. Bruce Young spoke in support of preserving The Parasol. He said he has lived in California all of his life and through the years has seen the demolition of many historical landmark restaurants that served as social gathering places for communities. He said that The Parasol serves 60-70 percent of Leisure World residents who frequent this restaurant because of the friendly service and the willingness of the Staff to accommodate their special dietary needs. He stated that senior citizens need this type of care and would probably not receive this kind of attention at a chain restaurant. Chairperson Unrath stated that the MND covers aesthetics, architecture, and cultural resources, and public comments should be confined to these subject areas. Mr. George Kearns stated that it is his hope that the cultural, historic, aesthetic, and architectural value of The Parasol Restaurant will be recognized. He recommended preserving the restaurant. Mr. Scott Morgan of Los Alamitos stated that the MND as prepared "just glosses over" aesthetic and cultural issues, in particular with regard to the loss of a very unique structure. He said one of the things that make Seal Beach interesting is the fact that it is not just another cookie cutter city and they should not impose another psuedo- Mediterranean development upon the public. He questioned whether the City should be thinking in terms of avoiding this kind of architecture. He said the Kohl's Department Store is the most undistinguished architecture that he has ever seen. He noted that The Parasol Restaurant represents a very interesting period in American architecture. Mr. Bill Jones of Long Beach said he feels at home when at The Parasol Restaurant. 04-28-04 EQCB Minutes.doc Page 4 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 Mr. Alan Ueb of Glendale stated that he is the Chairman of the Los Angeles Conservancy Modern Committee and has been involved in many preservation efforts. He said that he believes The Parasol is a very special building that deserves attention. He stated that this building is a historical resource and should be identified as such for the purposes of CEQA. He noted that the representative from CAA had not mentioned that they had subcontracted a consultant to determine the historical significance of the structure, because in reading the MND, The Parasol was never considered to be even potentially historic, and as a result they simply made the assumption that there is no impact to cultural resources. He said that he believes there is an impact. He indicated that the method of construction and design style for The Parasol is unique and for purposes of CEQA the structure should be identified as a potentially significant historical resource. He emphasized that as long as there is reasonable evidence to show that it is a historically significant structure, CEQA does not state that in order for a structure to be categorized as historically significant it must officially have been listed as a historical landmark. He pointed out that the testimony of the public and outpouring of community signatures demonstrates the concern for preserving this building. Mr. Lieb stated that alternative re-use strategies should be incorporated in an effort to include the structure in any new development. He said that the reason CEQA does not require structures to be officially land marked or listed on historical surveys and provides a low standard of significance so that in cases such as this, where structures really connect to the community, the buildings can be preserved. He indicated that the structural integrity of the restaurant is quite good and the owner would like to make a significant investment in restoring the building. He stated that in making their recommendations to the PC, the Board should recognize that this is potentially a historical resource and The Parasol Restaurant should be the subject of a focused Environmental Impact Report (EIR). Chairperson Unrath stated that he understood that there was another Parasol Restaurant in Torrance, and he asked if there were others. Mr. Ueb stated that at one time there were 10 other Parasol restaurants, and the Seal Beach location is the only remaining structure of its kind. He said that in his opinion The Parasol is the best example in Southern California of a programmatic structure and hybrid "Googie" style modernism. He strongly urged that a focused EIR analyzing alternative re-uses be completed. Mr. David Morro of Los Alamitos stated that The Parasol Restaurant is a great landmark for many people, and he has been a customer since 1996 and has made many friends. He encouraged preserving this structure. Ms. Connie Miller of Hawaiian Gardens stated that The Parasol Restaurant is not just a landmark, but also a life mark. She said that she, her son, her mother, and grandmother have all worked at The Parasol. She noted that she has worked there for 14 years and her mother has worked there for 34 years. She indicated that the Staff at The Parasol loves their customers and the restaurant serves as an outlet for lonely seniors who sometimes come in 3 or 4 times a day. She stated that Staff is very familiar with the personal lives of the customers and see them as friends. She said that this is a business that could not easily be replaced. Ms. Miller stated that it would be a 04-28-04 EQCB Minutes.doc Page 5 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 shame to take this away from those people who know they can come to The Parasol Restaurant and see a friendly face. Chairperson Unrath reiterated that although The Parasol Restaurant is a great place to socialize and many people enjoy the camaraderie and the food, he wished to remind the public that speakers must confine their comments to the architectural, aesthetic, cultural resources, and environmental impacts related to this project. Mr. Kurt Benbenick stated that he is a professional graphic artist and has regularly visited The Parasol since approximately 1987. He said that it is a beautiful building and he recommended that this special landmark be preserved. He stated that removing The Parasol would take away the heart of Rossmoor. He indicated that he launched a website for the "Friends of The Parasol Restaurant" and has received e-mails from throughout the nation speaking in support of preservation of this structure. He said that the loss of many of these types of buildings is becoming a national concern. He noted that he would be happy to provide the web address for those interested in this cause. Ms. Gwen Seligman of Rossmoor stated, "If it ain't broke why are you trying to fix it?" She said once gone, The Parasol could never be replaced. Mr. Thomas O'Donnell stated that he is not certain what an MND is and would like some explanation. He said that today he had received notice of tonight's meeting included with the billing for his association fees rather than receiving a separate mailing directly from the City. He then expressed his concerns with the intent to extend the height of the new structures by approximately 7 feet and the waiving of the right-of-way by the City to the alley to the rear. He expressed his concerns over noise generated from the businesses currently located in this area of the Rossmoor Center, specifically The Yucatan Grill and Carl's Jr. He noted that residents of the Rossmoor Townhomes are concerned with many times having family members awakened at 2 or 3 a.m. due to noise from the garbage trucks or deliver trucks. He questioned whether the EQCB is concerned with how these changes will affect the residents of the Rossmoor Townhomes. He asked if any kind of sound wall is to be constructed to help mitigate noise issues. He inquired as to whether anyone could respond to his concerns. Mr. Cummins stated that the Public Comment Session is not a question and answer period, but he would be happy to schedule a time to meet with Mr. O'Donnell at another time. He said he could attempt to address some of Mr. O'Donnell's questions at the end of tonight's meeting. Mr. O'Donnell noted that when the Bixby Town Center was constructed a fairly high sound wall was constructed between the center and the new development of homes and he wondered if this could be done with this project. Ms. Sharon Krohl, a resident of the Rossmoor Townhomes, stated that over the years the residents have had a lot of disturbances from the Rossmoor Center. She said that waiving the right-of-way to the alley might create a worse noise impact than what is already occurring. She requested that the Board members provide her their telephone numbers so that in the middle of the night when she is awakened from her sleep on a regular basis she can call the Board members and awaken them. She said that maybe 04-28-04 EQCB Minutes.doc Page 6 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 this would allow the Board to understand how irritating and disruptive it is. She stated that this should be considered an environmental impact. She then stated that she has lived in Rossmoor since 1975 and The Parasol has been a landmark to many people in the area. She asked for the definition of "cultural resources." She said that in her opinion the ability to socialize and meet new people at The Parasol falls under the category of cultural resource. Chairperson Unrath stated that he would respond to this during Board Comments, but according to CEQA there is a strict definition for cultural resources. Mr. Dave Buffet, a resident of Seal Beach, stated that he is also unsure of what a cultural resource is. He said that the seniors who frequent The Parasol are definitely a part of the culture and the restaurant serves as a valuable resource to this population. He also asked for a brief definition of what cultural resources are. Chairperson Unrath inquired of Staff as to whether a response should be made. Mr. Cummins stated that if the Board wished to make this a question and answer venue, they could do so; however, this is not a public hearing, but simply a time for public comment on the adequacy of the MND. He said that although there is some concern that the public may not understand the document or the CEQA process, if the Chairperson wished, the Associate Planner could provide a brief review of the CEQA process and the purpose of the MND. He emphasized that the Board and Staff do understand the concerns expressed tonight and could address these concerns at the appropriate time, after the end of the public comment period on May 10, 2004. Member Voce stated that it might be appropriate if after tonight's public comment session is over, that the Board take a short recess during which time Mr. Cummins could review the CEQA definition. Chairperson Unrath interjected that he was pondering making a similar proposal. Mr. Cummins stated that once the public comments are over, these questions could be addressed without the need for a recess. Vice-Chairperson Hurley suggested taking a poll of how many others were waiting to comment and also to determine whether they had the same question regarding cultural resources. Mr. Cummins stated that he would attempt to provide some clarification by stating that CEQA is not an exact process such as a building code. He said that when reviewing CEQA documents the initial study is a checklist of items that help the City determine whether something is potentially significant, not significant at all, potentially significant with mitigation, or simply significant and unavoidable. He said that Staff or any of its consultants could not say that under state law this is the definition. He noted that CEQA is not black and white, but gray and it is up to the lead agency primarily responsible for certifying a document to make the determination that it is adequate under state law. He said that part of the process is conducting hearings like the one tonight. He said that he can state what historically the City has used as a threshold, and he can state what other cities have done and what the courts have upheld, but this is usually a gray area. He stated that cultural resources generally relates to paleontological or archaeological materials that may have been deposited in the soil over time. He then asked that Shawn Schaffner be allowed to speak in an attempt to provide a general explanation of how determinations within specific areas are made. 04-28-04 EQCB Minutes.doc Page 7 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Mmutes of April 28, 2004 Ms. Shawna Schaffner said that CEQA is about public disclosure, and getting information to the people and to decision-makers so that everyone can make an informed decision. She noted that CEQA Section 15064.5 specifically determines the significance of impacts upon historical and unique archeological resources. She said it is a very long list and is very broad. She stated that it is impossible to look at The Parasol Restaurant and apply it to this list and state for certain that it is a historically significant resource. Ms. Schaffner indicated that one of the items on the list is the City's ability to list historical resources and consider them significant. She said that in this case The Parasol Restaurant is not included on the City's list of historical resources, which does not mean that it is not historical. She pointed out that another way to determine historical significance is eligibility for listing on the California Register of Historical Resources. She indicated that currently The Parasol Restaurant is not on this list, but the eligibility for such a listing has not yet been determined. She said that at this time it is very apparent that the community is concerned and comments made tonight will be taken into consideration. Mr. Cummins added that part of the CEQA public disclosure process in conducting meetings like the one tonight is to provide the ultimate decision maker, which in this case will be the PC, with as much information as possible in order to make an informed decision. He pointed out that no decision is to be made tonight, but the purpose of this meeting is to flush out issues that may exist on the proposed development as a whole including noise, parking, lighting, etc. He noted that with regard to the concerns over noise, the MND does state that a large sound wall measuring 10.5-12 feet in height is proposed. He reiterated that the copies of the MND are available for review in the Department of Development Services and at the three public libraries. He also noted that the EQCB is charged only with reviewing potential environmental impacts of this proposed project, and any concerns related to land use, height, bulk, etc., will be evaluated by the PC. He indicated that the scope and authority of the PC in a number of situations will be limited because most of the proposed new buildings within this project meet all city development standards and are permitted by right. Chairperson Unrath continued the Public Comment Session. Ms. Sharon Krohl stated that if the definition of cultural resources is so vague, how could the Board have definitely determined that many of the comments made tonight were inappropriate to the hearing. She said that it is rude to say that this is not one of the Board's concerns, when these concerns have not been clearly defined. Ms. Stephanie Crosher of Long Beach presented an article in the August 2002 issue of OC Weekly, which included a full-page feature on The Parasol Restaurant and how it is a pop icon of the pop culture. She said that many young people are showing an interest in pop culture and in structures like this. She stated it would be nice to see this building preserved. Ms. Jessica Poor of Huntington Beach stated that she had provided the OC Weekly article to show that if it is important enough to appear on the cover of this publication, it 04-28-04 EQCB Minutes.doc Page 8 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 is important to Orange County. She said that this structure is important in bringing visitors into the City and should be preserved. Ms. Payton Christofi of Hawaiian Gardens spoke in favor of preserving The Parasol Restaurant. Mr. Bob Hiss of Long Beach said that for 32 years he has been a regular patron of The Parasol Restaurant and is in favor of preserving the structure. He said it is a social outlet for him and is very accessible to handicapped people who are treated with special consideration at The Parasol. He said that rather than demolishing the restaurant, it would be better to spearhead the shopping center with The Parasol to bring people in who would then visit the other stores. He said its unique architecture is irreplaceable. Chairperson Unrath closed the public comment session. He then suggested that the Board take a 10-minute recess. The Board reconvened at 7:55 p.m. and continued with Scheduled Matters Item No.6 Board Comments Member Voce said that in terms of the cultural resource aspect, The Parasol Restaurant would have to be categorized as a "current cultural resource" rather than historical, because many people are using it now. He pondered how the City would approach the State Office of Historic Preservation with this building and what kind of assistance they could provide with declarations for preservation. Member Barton expressed her concern about the height of the highest buildings, noise and dust to residents during construction, and the appearance of the completed project. She said that she had visited the property today and ate at The Parasol Restaurant and checked everything out. She noted that although The Parasol is a wonderful place, it really does need upgrading, as the roof is currently an eyesore. She stated that she also believes that the restaurant could be an anchor for the project, but does need considerable refurbishment. She asked what the time frame for construction would be and stated that she would like to see the heights of buildings remain the same. She asked about the design for the rooflines and whether a sound wall to the rear of the property is to be constructed to mitigate noise for residents of the Rossmoor Townhomes. She thanked the public for their participation tonight. Vice-Chairperson Hurley provided the following recommendations for revisions to the MND: 1. Page 46, Last paragraph, first sentence: The word "temporary" should be quantified to provide an estimate of the length of time. 2. Page 47, First paragraph, second sentence: This sentence is misleading, as those closest to the project are the ones who will be most significantly 04-28-04 EQCB Minutes.doc Page 9 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meetmg Minutes of April 28, 2004 impacted. According to Page 9 of the Noise Study, noise levels at 500 feet are only 20 dBA less than those at 50 feet, making the dBA 80 for construction equipment emitting 100 dBA. Mitigation N-2 provides no specifications for the required height and effectiveness of the temporary construction noise barrier. 3. Page 47, sub-paragraph b): MND does not provide support for this statement. 4. Page 48, second paragraph, second to last sentence: The material in the barrier is also a factor in its effectiveness and this information should be included. 5. Page 48, third paragraph, 4th line from bottom: word missing after "during." 6. Page 49, last paragraph, second sentence: Further discussion of the noise barrier effect is needed. Example: If some of the noise will travel around or over a barrier, how much noise from delivery trucks with their 12-foot high exhausts would reach the nearest residents? 7. Page 52, last sentence: Statement is true only if the noise barriers cut the dBAs sufficiently. The MND does not explain this adequately. 8. Page 2, top of page: None of checkboxes are checked. 9. Page 27, Lines 7 and 8: The sentence should state who reviews new developments. 10. Pages 31 through 34 were out of order. Member O'Malley stated that the MND states under Transportation/Traffic that there will be no impact, which he finds difficult to believe. He noted that the analysis in the report is based upon the reduction in square footage of the property. He said that the MND states that as a whole the shopping center currently has a 91 percent occupancy rate, but with the formula used of a 5 percent reduction in floor space, this means that a 96 percent occupancy rate should be used. He stated that the traffic studies show that there are several intersections already experiencing a Level of Service (LOS) of D and E, and it also shows that in the p.m. the intersection at Seal Beach Boulevard and St. Cloud Drive comes up to Level C, which could be a concern. He said that the major point is that he does not believe the traffic study completed can be utilized, as it was completed in January 2004 when the supermarket strike was still on, which means that traffic to and from the two major supermarkets in this area would have been substantially reduced. He stated that another study should be completed post strike, and said that he cannot see how this new development would have no impact on traffic. He indicated that mitigation measures for these intersections must be investigated. Chairperson Unrath noted that approximately 2 years ago the Los Angeles Times had also completed an article covering the same topic as the article in OC Weekly, and if The Parasol Restaurant was recognized at that time as a architecture of significance, 04-28-04 EQCB Minutes.doc Page 10 of 13 . . .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Env/fonmental Quality Control Board Meeting Minutes of April 28, 2004 and with the 3,300 signatures on the petition showing that a large portion of the community believes that The Parasol is of historical significance and a cultural resource to the community, it is his belief that the EQCB should recommend to the PC and City Council that the developer do anything within his power to preserve The Parasol as a part of the redevelopment of the shopping center. Member Voce asked if the project proponents were present. Mr. Cummins stated that the owner of the property is Century National Properties, and representatives are present tonight. He then reiterated for the public that the City is currently in the middle of a process with regard to this project and as such, Staff cannot provide definitive answers at this point. He said that Staff will continue to receive comments up through May 10, 2004, and then the City will prepare a Response to Comments, and determine whether it may be necessary to add additional language to the document and re-circulate or prepare a different type of document. He noted that if anyone had further questions or concerns, they could contact the Department of Development Services. 4. APPROVAL OF MINUTES - March 31, 2004 Recommendation: Approve Minutes subject to any corrections as needed. Chairperson Unrath stated that he would abstain from voting on this item, as he was absent from the meeting of March 31,2004. MOTION by Hurley; SECOND by Voce to approve the Meeting Minutes of March 31, 2004 as presented. MOTION CARRIED: AYES: NOES: ABSENT: ABSTAIN: 4-0-1 Barton, Hurley, O'Malley, and Voce None None Unrath 5. APPROVAL OF MINUTES - April 14, 2004 Recommendation: Approve Minutes subject to any corrections as needed. MOTION by Voce; SECOND by Hurley to approve the Meeting Minutes of April 14, 2004 as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None 04-28-04 EQCB Minutes.doc Page 11 of 13 .~ 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 .23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 .45 46 City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 VI Staff Concerns Mr. Cummins reported that Mr. Gordon Shanks, sitting Planning Commissioner for District 3, recently experienced the death of his wife, Elouise Shanks. He extended condolences to the Shanks family and requested that the Board adjourn tonight in her honor. VII Board Concerns Member O'Malley thanked all of those members of the public in attendance tonight for their comments. Vice-Chairperson Hurley asked if the Board members would receive a copy of the Response to Comments on the MND for the West End Pump Station. Mr. Cummins stated that copies should be distributed by the end of the week. Vice-Chairperson Hurley then requested an update on the Boeing Project. Mr. Cummins stated that the project is currently pending before the California Coastal Commission (CCC). He said that Staff anticipates public hearings taking place in July or August. Member Barton also thanked the public for their attendance and comments tonight. Member Voce thanked the public for their comments. He addressed the project proponents by stating that he would be closely following the planting of trees for this project. He said that landscaping is necessary and important as the environment is losing trees and needs to add more of them. Chairperson Unrath stated that he was pleased to see many young people in attendance tonight, and thanked all member of the public for their participation tonight. VIII Adjournment MOTION by Baton; SECOND by Hurley to adjourn to the scheduled May 2004 meeting date. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Unrath, Barton, Hurley, O'Malley, and Voce None None Chairperson Unrath adjourned the meeting at 8:28 p.m. 04-28-04 EQCB Minutes.doc Page 12 of 13 < , .~ 3 4 5 6 7 8 9 10 11 12 . . Respectfully Submitted, C' 1:>-....~~~ ~ ~ Carmen Alvarez, E~ecutive Secr ry Department of Development Services City of Seal Beach Environmental Quality Control Board Meeting Minutes of April 28, 2004 The Board on June 2, 2004, approved the Minutes of the Environmental Quality Control Board of Wednesday, April 28, 2004. ~. 04-28-04 EQCB Minutes.doc Page 13 of 13