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HomeMy WebLinkAboutEQCB Min 2004-09-15 .1 2 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 Adjourned Meeting of September 15, 2004 Chairperson Voce called the Adjourned Meeting of the Environmental Quality Control Board (EQCB) of September 15, 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: Chairperson Voce, Members Barton, Hurley, O'Malley, and Vineyard Absent: None Also Present: Department of Development Services Lee Whittenberg, Director II Approval of Agenda MOTION by Hurley; SECOND by Barton to approve the Agenda as presented. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Voce, Barton, Hurley, O'Malley, and Vineyard None None III Oral Communications None. IV Consent Calendar None. V Scheduled Matters 1. APPROVAL OF MINUTES - August 25,2004 Recommendation: Approve Minutes subject to any corrections as needed. 1 These Minutes were transcribed from an audIotape of the meeting. 09-15-04 EQCB Minutes.doc Page 1 of 9 .~ 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 September 15, 2004 Member Hurley noted a correction to Page 3, Line 41, which should read, "Member Hurley asked if..." Mr. Whittenberg made note of the revision. MOTION by Barton; SECOND by O'Malley to approve the Meeting Minutes of August 25,2004 as amended. MOTION CARRIED: AYES: NOES: ABSENT: 5-0 Voce, Barton, Hurley, O'Malley, and Vineyard None None 2. Public Meeting To Receive Comments On The Initial Study/Notice Of Preparation Of A Draft Environmental Impact Report (DEIR) For The Proposed Village At Rossmoor Center Project Recommendation: The City of Seal Beach Environmental Quality Control Board conduct a meeting to elicit public comments and Board comments regarding the scope of the DEIR for the proposed Village at Rossmoor Center Project to assist the City in preparing a Draft EIR that will: o Focus the EIR on the effects of the project determined to be significant; o Identify the effects determined not to be significant; o Provide the City with any additional information to use as a basis of determining potentially significant effects; and o Assist in identifying mitigation measures that may be considered to reduce identified potentially significant effects to less than significant. Staff Report Mr. Whittenberg delivered the staff report. (Staff Report is on file for inspection in the Planning Department.) He began by reviewing the purpose and responsibilities of the EQCB regarding this proposed project. He noted that the EQCB is appointed by City Council to evaluate environmental documents generated for projects within the City of Seal Beach and to evaluate projects from adjoining cities that may have an impact upon Seal Beach. He indicated that the EQCB provides comments to both the Planning Commission (PC) and City Council (CC) as to the adequacy of the environmental evaluation of the project. He stated that the City had circulated a Draft Mitigated Negative Declaration (MND) for this project in April 2004, and at that time the assessment of the City's environmental consultants and Staff was that the project did not have any impacts that would raise significant environmental issues, therefore, an Environmental Impact Report (EIR) would not be necessary. Mr. Whittenberg noted that the project had a 30-day public comment period during which time the City heard very strenuously that many people had concerns about the potential historic significance of The Parasol Restaurant and the impacts the project would have on this structure. He stated that under the California Environmental Quality Act (CEQA), once an issue is identified that was not evaluated in the MND, it becomes necessary to go back and 09-15-04 EQCB Minutes.doc Page 2 of 9 .~ 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 September 15, 2004 make an evaluation as to whether or not those concerns were significant enough to warrant a re-circulation of the MND or preparation of an Environmental Impact Report (EIR). He indicated that based upon the large number of comments received on The Parasol Restaurant the City had determined that an EIR would be necessary. He noted that the EIR will begin the environmental review process once again and will provide a more detailed analysis than the MND. He said that the City's consultants have prepared the Notice of Preparation (NOP) presented tonight, which means that the City has determined that an EIR is to be prepared for the entire development, and included with this analysis will be a significance evaluation for historic purposes for The Parasol Restaurant. Mr. Whittenberg then stated that the purpose of tonight's meeting is to receive comments from interested parties regarding the NOP and issues that the Board or the public feel were not adequately identified for evaluation. He introduced Ms. Shawna Shaffner representing Culbertson Adams & Associates (CAA), the City- selected environmental consultants for this project. The Director of Development Services then stated that in Seal Beach a project applicant does not select the consultants. He noted that the City has a list of approved consultants and makes a selection from those listed. He indicated that CAA was selected for this project because in 1999-2000 they worked on the Bixby Ranch Project, which is directly across the street from the Rossmoor Center, and they would have more familiarity with that area of the community. Mr. Whittenberg continued by stating that the public comment period for this NOP will end on September 23, 2004, at which point Ms. Shaffner and her staff will compile all comments received from federal and state agencies, adjoining cities, and other interested parties and proceed to prepare the Draft EIR (DEIR), which will then be circulated for a 45-day public review period, and during this comment period, the EQCB will conduct another meeting to receive further public comments. He said that once the public review period ends and if significant issues were raised during this time, the City would prepare a supplemental environmental document for re-circulation. If new significant issues are identified, the City will then prepare a Final EIR and as part of this process a Response to Comment document must be prepared presenting a written response to each comment received on the DEIR. He indicated that once these documents are finalized, they will be brought before the EQCB for a final review and the Board will make recommendations to both the PC and CC as to whether or not the EIR is adequate under the provisions of CEQA. He noted that state law for all cities within California mandates this process. Mr. Whittenberg then explained that once the EIR is complete, the actual PC public hearings on the project itself will begin and all parties within 300 feet of the project will receive a mailed notice and notice of the hearings will also be published in the Sun Newspaper. He stated that the environmental documents and Staff Reports will be made available at all City libraries, including the library at Rossmoor Center, and they will also be available for access on the City's web site. He reiterated that the purpose of tonight's meeting is to allow the EQCB to receive comments on the issues that should be evaluated in the EIR and by the Board. The Director of Development Services noted that whether or not the project is approved, approved with modifications, or denied would be a decision made by the PC as recommendations to CC, who will make the final determination on the project. He reiterated that the MND has been made available via various sources, and the primary purpose of going through this analysis is based upon the comments that there is a 09-15-04 EQCB Minutes.doc Page 3 of9 .~ 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 September 15, 2004 potential significance to The Parasol Restaurant. He noted that a City-retained consultant that specializes in historic property surveys is preparing an analysis that will be included as a Technical Appendix to the DEIR. Board Questions Member Hurley asked if this analysis is to be presented to the public before the DEIR. Mr. Whittenberg stated that it would only be included as a Technical Appendix to the DEIR and would be released at the same time. Public Comments Bruce Young of the Rossmoor Townhomes expressed his concerns regarding the height of the proposed new structures and stated that the height of the proposed sound wall would not be adequate to mitigate noise impacts to residents of the Rossmoor Townhomes. He also expressed his support for preserving The Parasol Restaurant and noted that 9700 signatures in favor of saving this structure were submitted to the City. Nancy Luebben of Los Alamitos read into the record the cover letter that will accompany the next batch of petitions from the Friends of the Parasol (FOP) in favor of saving the restaurant, which she will submit to the City. (Letter and petitions are on file for inspection in the Planning Department.) She emphasized that the FOP have acquired more than 9,500 signatures in favor of saving The Parasol Restaurant. She stated that she does not understand how the increased business from this new development would create less traffic. She also stated that she had concerns about the aesthetics of the gravely increased height of the proposed new structures. She questioned how safe and hygienic deliveries would be made to the new tenants if the alley were to be removed. Ms. Luebben indicated that there are some important issues that have not been sufficiently addressed or have been treated as insignificant. Ms. Destra expressed her support for saving The Parasol Restaurant from destruction, and noted that her family has frequented this restaurant since 1967. She said that no other restaurant in Seal Beach has the variety and quality of food that The Parasol Restaurant provides. She noted that many people would lose their jobs if the restaurant were demolished. She indicated that the restaurant staff are always ready to accommodate customer needs. Ms. Destra noted that parking is never a problem at The Parasol as compared to the congestion found at the restaurants across the street. She then indicated that Leisure World residents are still waiting for the additional lane to be constructed on the Seal Beach Boulevard overcrossing of the 405 Freeway. Kurt Benbenek stated that he had volunteered his time to design and maintain the FOP website. He said that the website has been online for approximately 6 months and receives an average of 1,200 visitors per week from all around the world, which reflects the interest people have in this structure. He indicated that The Parasol is a beautiful building and expressed his support for preserving it. 09-15-04 EQCB Minutes.doc Page 4 of 9 .~ 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 September 15, 2004 Scott Morgan of Los Alamitos stated that he is concerned about how the environment is to be defined in the DEIR. He said that the environmental impact covers a very broad scope as visitors to The Parasol come from all over the world. He encouraged that this broad environment be taken into consideration when preparing the DEIR. George L. Seligman, a resident of Rossmoor, spoke in favor of preserving The Parasol. She said that The Parasol is a good source of revenue for the City of Seal Beach. Adriane Biondo stated she is a long-time member of the Los Angeles Conservancy, which is the nation's largest non-profit preservation organization. She said that in reviewing the MND and NOP she was distressed to learn that the complete demolition of a historic resource is being proposed. She stated that the proposed Site Plan, Exhibit 5, shows a 6,980 square foot rectangular restaurant replacing the circular Parasol. She noted that with over 10,000 signatures calling for preservation of The Parasol in its entirety, she is urging that an alternative to demolition be included in the DEIR. She stated that pursuant to the CEQA guidelines, The Parasol must be considered a historical resource under Section 15064.5. She indicated that The Parasol is important not only to the community, but it is also an excellent and rare remaining example of roadside vernacular architecture and it should be preserved. Jean MacLyman of College Park East (CPE) said that she does not really care about The Parasol, but is concerned about what the new center will look like once it is completed. She stated that she formerly resided in Unit 59 of the Rossmoor Townhomes and while living there found it necessary to call the police department every night to complain about the noise from the Carl's Jr. Restaurant until the volume to the drive-thru speaker was lowered. Ms. MacLyman noted that the quality of life and property values might be affected if noise issues are not addressed. She noted that pedestrian paths, benches, and walk patterns should be considered and included in the new development as these were not incorporated in planning and building the Old Ranch Town Center. Mr. Whittenberg interjected that copies of the NOP are available tonight and this document provides conceptual drawings of the proposed center along with the building elevations for the Village at Rossmoor Center. Ms. Mac Lyman then expressed her concern over the noise made by delivery trucks arriving late at night or early in the morning. She noted that it appears that the major developments are being constructed in the north end of town rather than in the southern part of Seal Beach. Chairperson Voce pointed out that Proposed Plan Exhibit 5 does show a service alley that borders Montecito Road. Beverly Pillivant, a resident of Los Alamitos, expressed her concern about the proposed height for the new development of 42 feet and also about the issue of noise mitigation. There being no one else wishing to speak, Chairperson Voce proceeded to Board Comments. 09-15-04 EQCB Minutes.doc Page 5of9 .~ 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 September 15, 2004 Board Comments Member Hurley referred to Page 27 of the NOP, Item d), and stated that the response should reflect "Less than significant impact," and the DEIR should include a complete explanation on the steps to be taken to ensure that the level of impact on the nearby residents is, in fact, less than significant. He then referred to Page 29, Item a), and asked why this meeting is being conducted before the technical study on The Parasol is complete and its conclusions known. Mr. Whittenberg stated that under the provisions of CEQA when a substantial issue is raised regarding a potential impact, by law the City must prepare an EIR, even if there is no certainty that there is a significant impact. He said that based upon the comments received on the MND and the number of responses received on the issue of the significance of The Parasol, this raised the level of issue to a point to where by law an EIR became necessary. He noted that the studies themselves do not have to be complete before the NOP is circulated. Member Hurley stated that at the last meeting he had requested an update on this project and the Director of Development Services had stated that if it was determined that The Parasol should remain, the property owner would not go forward with the project. Mr. Whittenberg stated that he recalled a conversation along these lines. He said that once the City has gone through its entire evaluation of the project and has determined the type of project it can approve for redevelopment in this area whether it includes retention of The Parasol or not, the developer could decide whether or not he will proceed with the project. Member Hurley commented that the fact that the City is proceeding with this process means that the property owners know that they can destroy The Parasol, and intend to do so, and the City can do nothing to prevent this. He said he thinks this is a shame. He then referred to Page 38, Section 2.11, and asked Ms. Shaffner if other than the two noise studies mentioned here, would further noise studies be completed? Ms. Shaffner stated that one noise assessment was prepared and a supplemental analysis was also completed earlier in the year that were associated with the MND. She stated that CAA does not anticipate any additional technical studies in the area of noise; however, if there are comments that are raised through this process, then these issues will be addressed. Member Hurley then referred to Page 39, Item c), sentence 3, and noted that this sentence does not state that the residences are located to the west and directly north of the project, and that resident buildings are between 45-70 feet from the property line. He noted that, most importantly, these residences are two-story and many of them have upstairs windows facing the project area. He asked if the required sound wall mentioned here is the same one described in the MND? (Response not audible on tape.) He stated that the interior CNEL must be brought down to 45 and he requested that the DEIR clearly explain how noise is to be reduced to this level for the people in the two-story residences both during construction, with the temporary noise barrier, and in the long term, after completion of the project. Member Hurley then indicated that for the record he would like to include all of the comments he made on the MND as recorded on pages 9 and 10 of the official EQCB minutes of April 28, 2004, except for comments 5, 8, 9, and 10. Member Barton thanked the members of the public for their participation in tonight's meeting. She stated that she has heard that the property owner does not wish to 09-15-04 EQCB Minutes.doc Page 6of9 .~ 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 September 15, 2004 continue with The Parasol Restaurant. She asked if it were still a worthwhile battle. Mr. Whittenberg interjected that the purpose of tonight's meeting is to include issues that should be included in the DEIR. He noted that issues of who is running a business or not is really not a part of the environmental process. Ms. Nancy Luebben interjected by countering that this does have environmental impact because it addresses aesthetics and historic preservation. She stated that the owner of The Parasol would like to restore the structure to its previous historic status and has offered to do so for a number of years; however, the situation of the pending closure of his lease has prevented this. She said that when considering aesthetics this fact must be taken into consideration. She stated that she has no financial or business ties with the owner of The Parasol. Member Barton then expressed her concern regarding the wall and building heights, noise, traffic, aesthetics, and landscaping. She said the sketches of the project look wonderful, but she is not certain this is how the actual completed project will look. She stated that she would like to see specimen landscaping done. She also commented that the Old Ranch Town Center and Area A of the Rossmoor Center do not look like they should and are not at all to her liking. She noted that part of the service road that runs along the gas station is low brick with a chain link fence and some ivy growing on it. She said that it would be ideal if the builders intend to tear this down to construct a large concrete fence that would block out noise and traffic. She stated that the wall along Rossmoor Center Way appears to be a nice high wall that should be fine. Member Barton then noted that there appear to be no fast food, drive-thru restaurants included in the project, so there should be no problem with loud outside microphones. She emphasized that specimen plantings should be used in order to make the project look good. Member O'Malley stated that traffic impacts are an issue that must be evaluated further. He said that everything else appears to have been addressed in the NOP and will be adequately addressed in the DEIR. He said he is eager to see the results of the study on The Parasol. Member Vineyard stated that he generally agreed with everything as previously discussed. Chairperson Voce stated that he is in agreement with Member Barton's comments regarding tree provisions in the parking lots. He noted that with the Old Ranch Town Center there was a 4: 1 mitigation ratio on tree removal, with every tree removed being replaced by 4 trees; however, the City did not stipulate where, which resulted in areas with no trees and areas like the golf course with plenty of trees. He said that planting trees where the people can experience them is what is important. Chairperson Voce then added that the issue of emissions from restaurant grills and how they affect air quality should be included in the DEIR. Mr. Whittenberg stated that this could be evaluated. He noted that at this point the project does not identify the end users, but how these types of emissions would be mitigated can be addressed. Chairperson Voce then stated that he must be convinced that the traffic pattern is such that it has been mitigated to be better than the traffic mitigation for the Old Ranch Town Center. He said 09-15-04 EQCB Minutes.doc Page 7 of 9 .~ 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 September 15, 2004 he expects to see a lot of coordinating and discussion in the EIR on the flow of traffic, timing of lights, volume of traffic, etc. He encouraged more residents of Montecito Road to make their concerns known. He said that he believes in peace and quiet, and no matter how urban an area gets, it is the responsibility of the City to keep noise levels down to peace and quiet levels, particularly in the evenings. Mr. Whittenberg stated that the public comment period for the NOP will remain open until September 23, 2004, for those members of the public wishing to add their comments or concerns. He said that all comments received would then be considered by Culbertson Adams who will attempt to respond to them all when preparing the DEIR. He noted that a notice of circulation of the DEIR would be mailed to all affected residents and property owners and published in the newspaper, and there will be a 45- day public comment period on this document. He said that during this public comment period the EQCB would conduct at least one meeting, possibly two, and public notice of these meetings would be mailed and published in the newspaper. He thanked all those present tonight for their participation. Ms. Luebben stated that she is aware of at least 5 individuals who called the City today and asked if the meeting was being held this evening, and were told that it was not. She said that there was a communication problem at City Hall that should be addressed. Chairperson Voce asked if there were any other comments from the public. Bruce Young stated that another major concern he has is diversion of truck traffic during the construction phase. He said that another noise analysis should be completed in which this issue is addressed as well as the safety factors of the additional traffic this proposed center will create. VI Staff Concerns Mr. Whittenberg reminded the Board of the meeting scheduled for September 29, 2004, at which general review of Naval Weapons Station (NWS) documents will be on the agenda. VII Board Concerns Member O'Malley requested to be excused from the meeting of September 29, as he will be out of town. He also thanked everyone who participated in tonight's meeting. Member Hurley stated that on several pages the NOP identifies the alley as bisecting the project, and it is actually on the border of the north half of the project and does not bisect, but goes toward the middle of the south half. He expressed his annoyance with the "obvious fallacy" in the City Ordinance that construction noise in the daytime is never of a significant level, as well the wide-spread acceptance of the CNEL rating scale on construction noise, which he believes clearly distorts the real noise level by 09-15-04 EQCB Minutes.doc Page 8 of9 .~ 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 . City of Seal Beach Environmental Quality Control Board Meeting Minutes of September 15, 2004 including the quietest times in the average for the time period that it covers. Member Hurley then stated that he was disturbed that Staff and the City consultant permitted people to "waste breath and energy" with the misinformation they had. He noted that one of the speakers was very concerned that the service alley would not be in use, and no one corrected this misapprehension. He noted that there were several other misconceptions that were not adequately addressed. He stated that he did not believe this was very useful in the general progress of things. Chairperson Voce stated that with the arrival of the fall season there is an increased danger of fires so Gum Grove Nature Park (GGNP) is to be irrigated to help reduce the risk of fire in the park. VIII Adjournment Chairperson Voce adjourned the meeting at 7:45 p.m. to the regularly scheduled meeting of September 29, 2004. Respectfully Submitted, Carmen Alvarez, Executive Secreta Department of Development Services The Board on September 29, 2004, approved the M~U":"S of the Environmental Quality Control Board of Wednesday, September 15, 2004. . 09-15-04 EQCB Minutes.doc Page 9 of9