HomeMy WebLinkAboutEQCB Min 2005-11-02
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1CITY OF SEAL BEACH
Environmental Quality Control Board
Minutes of November 2, 2005
Chairperson Voce called the Environmental Quality Control Board (EQCB) meeting of
November 2, 2005 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, Neal, and Vineyard
Also
Present: Department of Development Services
Lee Whittenberg, Director
Christy Teague, Senior Planner
Absent: None
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, Neal, and Vineyard
None
None
III Oral Communications
None.
IV Consent Calendar
No Items.
V Scheduled Matters
1. APPROVAL OF MINUTES - September 28,2005
1 These Minutes were transcribed from an audiotape of the meeting
11-02-05 EQCB Minutes
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 2, 2005
Recommendation: Approve Minutes subject to any corrections determined
appropriate.
Member Barton noted that she would abstain from voting on this item, as she was not
present for the meeting of September 28, 2005. .
Member Hurley noted a revision to Page 9, Line 10, which was noted by Staff.
MOTION by Hurley; SECOND by Vineyard to approve the Meeting Minutes of
September 28,2005 as amended.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
ABSTAIN:
4-0-0-1
Voce, Hurley, Neal, and Vineyard
None
None
Barton
2. Consideration Of Proposed Policy Statement - Evaluation Of Short-Term
Construction Noise Impacts In Environmental Review Documents (Continued
From September 28, 2005 Board Meeting)
Recommendation: After discussion among Board, review draft policy statement
and provide direction to Staff as determined appropriate
Mr. Whittenberg stated that two supplemental staff reports regarding this item had been
provided to the Board members, and Member Hurley has provided some suggestions
for revisions. He referred to Staff Report Supplemental 2, Page 5, under "Area for
Required Analysis," and noted that he had requested that that the last sentence in the
paragraph be revised to read, " . . . sensitive land uses which are within a distance of
250 feet. . ." The Director of Development Services indicated that the City Attorney's
office has reviewed the policy language and found it to be acceptable. He added that
the revisions provided by the Board provide for more clarification of the language.
Member Voce referred to Page 6, and asked which department would monitor noise
levels and ensure that the proper certified equipment is being used. Mr. Whittenberg
stated that the Code Enforcement Officer would be responsible for this.
MOTION by Hurley; SECOND by Neal to approve the draft Policy Statement and direct
Staff to forward it to City Council for final approval.
MOTION CARRIED:
AYES:
NOES:
ABSENT:
5-0
Voce, Barton, Hurley, Neal, and Vineyard
None
None
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 2, 2005
Mr. Whittenberg indicated that this item would be heard at the December 12, 2005 City
Council meeting.
3. Receipt Of Public Comments And Committee Review Of Initial Study/Mitigated
Negative Declaration 05-5 - Seal Beach Shopping Center Renovation
(Regency Center)
Recommendation: EQCB to elicit public comments and EQCB Board members
to provide comments regarding Initial Study/Mitigated Negative Declaration
05-5 to assist the Planning Commission and City Council in determining that
the IS/MND will reduce identified environmental effects to less than significant.
Receive and File Staff Report.
Ms. Teague delivered the Staff Report and reported that as part of the greater shopping
center remodel, the existing shop building is currently under renovation. She stated that
the existing Vons Pavillions/Sav-On building, the car wash, the existing service station,
and the Daily Grind drive-thru building are all to be demolished. A new Sav-On will then
be constructed to the west of the shop building as well as a smaller service station and
a new Daily Grind drive-thru. Also a new, larger Vons Market will be constructed on the
existing site. The Senior Planner then referred to Mitigated Negative Declaration (MND)
05-5 for this project and noted that the comment period was scheduled to end on
Friday, November 4, 2005. She reported that Staff had received a telephone call from a
representative of Cal- Trans requested an additional 10 days to review the document,
which would move the ending date for comments to November 14, 2005, and as a
result, the public hearing before the Planning Commission would be rescheduled from
November 9 to December 7, 2005. She noted that at that meeting the Planning
Commission would review the following items:
Mitigated Negative Declaration 05-5
Conditional Use Permit 05-3
Height Variation 05-5
Conditional Use Permit 05-4
Conditional Use Permit 05-13
Conditional Use Permit 05-16
- Vons
- Vons
- Sav-On
- The Daily Grind
- Auto Service Station
Ms. Teague then briefly reviewed the project objectives, as shown on pages 2-3 of the
Staff Report, and the proposed mitigation measure categories listed on Page 3. She
noted that the Archaeological Advisory Committee (AAC) had already reviewed MND
05-5 and provided comments. She indicated that copies of MND 05-5 have been made
available at the local public libraries, on the City web site, and at the Department of
Development Services. She noted that representatives of Culbertson Adams are
present tonight should Board members have any questions.
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City of Seal Beach Environmental Quality Control Board
Meetmg Minutes of November 2, 2005
Board Questions
Member Neal asked if the Shore House Restaurant is to be demolished. Ms. Teague
stated that this restaurant is to remain at its present location.
Chairperson Voce asked who would be overseeing the removal of the underground
tanks from the existing service station. Ms. Teague stated that both the City and the
Orange County Health Agency would oversee this. Chairperson Voce asked if the State
Department of Toxic Substance Control (DTSC) would be involved. Ms. Shawna
Shaffner of Culbertson Adams stated that the County agency would oversee this first
and would determine whether DTSC needs to be consulted. She noted that Staff has
not yet received comments from DTSC. Chairperson Voce asked if the Board would be
able to review any DTSC comments prior to November 14, 2005. Ms. Shaffner
responded that this would depend upon whether DTSC forwards any comments to Staff.
Ms. Teague added that Staff would prepare a Response to Comments document for
any comments received on MND 05-5. Chairperson Voce expressed his concern with a
potential leak in the tanks and the possible existence of an underground plume.
Member Hurley presented his comments as follows:
Pg. 49, a), Para. 2, Line 6
The phrase "very short periods" is an inadequate
statement of time, based upon a persons level of
tolerance for loud noise. Phrase should be replaced with
one containing objective quantities of time.
Pg. 49, a), Para. 3, Line 4
Should add after the word "ordinance," "Zone 1 Standard
of 55d BA."
Pg. 50, c), Para. 2, Line 2
No objective or quantified definitions of the terms "critical
noise level," "revving up," "does not last long enough,"
and "maximum noise level." Without them, the use of
these terms is inadequate under the CEQA Guidelines.
Pg. 51, Loading/Unloading. . . No indication of what the noise levels would be and how
much they would be reduced by "distance attenuation"
alone. We are aware that it is 6 dBAs for every doubling
of distance, so for a distance of 100 feet it would be 6
dBAs less than for 50 feet and another 6 dBAs less for
200 feet.
Please quantify the noise from the loading/unloading
activity and the noise reduction by distance attenuation.
Please clarify the use of a maximum daytime noise level
of 70 dBA and a nighttime maximum of 65 dBA for a
residential area, when the City Noise Ordinance for Zone
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City of Seal Beach Environmental Quality Control Board
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1 reflects a maximum daytime level of 55 dBA and a
nighttime level of 50 dBA. Is the additional 15 dBA being
used for both levels to coincide with the allowed noise
level for one minute in an hour, as outlined in Table 5.11-
3? Elsewhere, the report states that grocery/drugstore
truck unloading takes up to one hour.
Pg. 52, d), Para. 1, Line 1
Please quantify "significant periodic and temporary
increase. "
Pg. 53, Para. 2
Why are sound absorptive panels not included as a
requirement in Mitigation Measure N-10, if without them
impacts on Bolsa Avenue residents are significant? (See
related item that follows.)
Pg. 53, Para 5, Line 2
Discusses placement of sound absorbing materials on
interior surfaces of loading doc walls.
Pg. 53, Para 5,
Last Sentence
Could not find anything in report showing or describing
location of driveways. Makes it difficult to judge what
noise impact would be.
Statement that there is no effective way to reduce noise
from trucks maneuvering would indicate that an EIR is
required.
Have no idea what the difference in noise levels would be
between the smaller and larger delivery trucks. Also
there is no indication that deliveries will take place
exclusively during daytime hours.
Ms. Shaffner explained that the noise from the trucks does not rise to a level of
significance, so this is not an unavoidable adverse impact, but is simply a statement that
trucks do make noise and the entrances where they are placed will generate noise.
Also, the trucks delivering to Sav-On are smaller than those that deliver to the grocery
store.)
Member Vineyard added that Paragraph 4 states that there is to be a 14-foot high
screen wall at the grocery store loading dock and a 12--foot high wall for the drug store.
Member Hurley stated that this still does not provide concrete, objective, supporting
information. Ms. Shaffner clarified that under CEQA noise caused by truck or
automobile traffic trips, on the streets or in parking lots, is not considered a significant
impact.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 2, 2005
Member Hurley stated that he believes many of his comments were made necessary
due to numerous statements and conclusions that are not supported by the objective
data required by CEQA. He then read Section 15384, Substantial Evidence,
Sub-paragraph A, of the 2005 CEQA Guidelines.
Chairperson Voce asked if the proposed landscaping would include trees or shrubs.
Ms. Teague stated that trees are to be planted in the parking lot, and City Zoning
requires planting of 1 tree per 10 parking spaces. Chairperson Voce asked if trees are
to be planted along the proposed sound walls. Ms. Teague confirmed that part of the
landscaping would include plantings to help soften the effect of the wall from the
neighborhood. Chairperson Voce inquired whether an effort would be made to salvage
the eucalyptus tree in front of Vons Pavillions. Ms. Shaffner stated that she was not
certain what the plans are for this. She inquired whether a Tree Permit would be
needed in order to remove the tree. Chairperson Voce commented that the Bixby
Project had a mandated mitigation measure for a 4: 1 planting ratio, based upon what
was there before the project commenced and those trees that were to be removed. Ms.
Shaffner noted that the applicant would be required to submit a landscape plan for the
City's approval prior to obtaining building permits, and the Board could condition this
into the project. Ms. Teague stated that this comment would be addressed in the
response to comments.
Member Hurley asked if the City has established requirements for the types of trees that
are to be used in landscaping for shopping centers. Ms. Teague stated that there is a
tree policy for landscaping in the public right-of-way, but for private property the Director
of Public Works will review the landscape plans and make recommendations on the
proposed plantings.
Member Barton asked if specimen trees are to be recommended. Ms. Teague stated
that the use of specimen trees has been discussed for key locations. She noted that
although this is not discussed in the environmental document, recommendations for
specimen trees would be included in the conditions of approval, particularly for the two
key corners of Main Street and Pacific Coast Highway (PCH) and PCH and Balboa
Drive,
VI Staff Concerns
Mr. Whittenberg stated that Staff has downloaded a health study report completed by
the California Air Resources Board regarding diesel emissions impacts from the Ports of
Long Beach and Los Angeles. He explained that the report identifies a fairly large area,
20-30 miles away from the port facilities, with an increased rate of cancer risk of up to
100-200 people per million population due to diesel particulate emissions. He explained
that Staff is currently reviewing the report and will prepare a comment letter and will
provide a copy of the letter and the report to the Board members. Member Hurley
asked how far Leisure World lies in relation to the identified area of concern. Mr.
Whittenberg stated that it lies at the center of the defined range.
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 2, 2005
Chairperson Voce thanked Staff for providing this information, and noted that the state
is attempting to bring the proposed emissions levels lower than what we are currently
experiencing.
Member Hurley recommended that the comment letter include the affect of the sea
breeze from the southwest, which could increase particulate matter moving toward Seal
Beach rather than toward the Redondo Beach area. Mr. Whittenberg explained that the
state analysis includes this type of information in its projections, with the area of impact
basically including the areas from Santa Monica to Orange County. He noted that for
those living near the port, the incidence of cancer cases is 500 cases per million people
per year.
Mr. Whittenberg then noted that the EQCB would probably not have a November 30
meeting. Member Hurley stated that in his opinion, the Board should meet at least once
more before January 2006. The Director of Development Services noted that this would
depend upon whether there were any items for review between now and December 28,
2005. He stated that Staff would confirm whether there would be no November 30
meeting.
VII Board Concerns
Member Hurley inquired about the status of the Pacific Gateway response to comments
document. Mr. Whittenberg stated that this document had been provided to all Board
members. He noted that if Member Hurley had not received one, a copy would be
delivered to him.
Member Hurley then inquired about the Rossmoor Center project. Mr. Whittenberg
stated that there has been no change and the property owner has not yet presented any
plans for review.
Member Hurley then inquired about the Surfside project. Mr. Whittenberg reported that
Surfside Colony would not be proceeding with this project.
Member Barton inquired as to whether any comments were received from the
surrounding neighbors of the Seal Beach Center. Ms. Teague explained that the
comment period is still open and she has spoken with three different residents who
stated they plan to submit comment letters. Member Barton asked if the vacant car
wash would be made a little less of an eyesore meanwhile the demolition begins. Ms.
Teague referred to the construction schedule on Page 20 of the MND and noted that
demolition cannot take place until the California Coastal Commission (CCC) grants
approval, but the property owners have taken measures to eliminate graffiti and keep
the area clean. Member Barton then inquired about the application for a Height
Variation (HV). Ms. Teague stated that the HV would be for an architectural feature at
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City of Seal Beach Environmental Quality Control Board
Meeting Minutes of November 2, 2005
the entrance to the new Vons Pavillions structure, which would be 42-feet high, 7 feet
above the maximum height limit of 35 feet.
Member Neal asked if the back portion of the project would be made more aesthetically
inviting. Mr. Whittenberg stated that this has already been approved in the construction
plans.
Chairperson Voce wished everyone a Happy Holiday Season.
VIII Adjournment
Chairperson Voce adjourned the meeting at 7:32 p.m. to the next scheduled meeting.
Respectfully Submitted,
0~}~~
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Carmen Alvarez, Executive Secretary
Department of Development Services
The Board on November 30, 2005, approved the Minutes of the Environmental Quality
Control Board of Wednesday, November 2, 2005. ~.
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