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3 - Final EIR for DWP Specific Plan Amendment
0 iy cty _PCAlll tim1511 � 2999 Westminster Avenue Suite 211 Seal Beach, California 90740 562-594-6715 City Planning Commission do Mr. Greg Hastings, Interim Director Development Services City of Seal Beach 211 Eighth Street Seal Beach, CA 90740 April 26, 2012 • '.Re: Proposed "Ocean Place" Project Gerneral Plan.Amendment 11-1 • DWP Specific Plan Amendment 11-1 Zone Change 11-1 Tentative Tract #17425 Development Agreement Honorable Chairperson and.Commissioners: . Bay City Partners hereby requests that the Development Agreement for the above referenced project scheduled for consideration by your body on May 2, 2012 be with withdrawn. Bay City Partners feels there is insufficient benefit to Bay.City Partners in • havi a Deve Ayent Agreement for this project. E r D lic Bay City Partners Project Manager 627 Bayside Drive Newport Beach Ca 92660 949-723-6.383 edselichCa)_roadrunner.com cc: Jill Ingram, City Manager Quinn Barrow, City Attorney Greg Hastings, Interim Community Development Director Steven Flower, City Attorney, Planning Commission Dennis O'Neil,Attorney, Bay City Partners 1 PLANNING COMMISSION AGENDA REPORT DATE: May 2, 2012 TO: Honorable Chair and Members of the Planning Commission FROM: Greg Hastings, Interim Community Development Director SUBJECT: Final Environmental Impact Report (SCH# 2011061018); Specific Plan Amendment 11-1; General Plan Amendment 11-1; Zone Map Amendment 11-1; Tentative Tract Map 17425; and development agreement concerning DWP Specific Plan area, 10.9 acres at the southwest corner of 1st Street and Marina Drive OVERVIEW Applicant: Edward Selich Owner: Bay City Partners, LLC Location: Southwest corner of the intersection of 1st Street and Marina Drive. (APNs: 043-171-02; 043-172-08; 043-172-12; 043-172-13; and portions of 043 172-07) Request: Recommendation to the City Council whether to (1) certify a Final Environmental Impact Report (SCH# 2011061018) and (2) approve Specific Plan Amendment 11-1; General Plan Amendment 11-1; Zone Map Amendment 11-1 and Tentative Tract Map 17425 to allow a subdivision for a 48-lot residential development on 4.5 acres and 6.4 acres for public open space/passive recreation purposes (the "Project"). Municipal Code: Chapters 10.05-10.60; 11.3; 11.5.05-11.5.15. Recommendation: Staff recommends that the Commission hold a public hearing regarding the Project and the Final Environmental Impact Report ("EIR"), and after consideration of the evidence presented recommend that the City Council: (1) certify the Final EIR, and adopt the Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations; (2) approve Specific Plan Amendment 11-1, General Plan Amendment 11-1, and Zone Map Amendment 11-1; and (3) approve Tentative Tract Map ("TTM") 17425 subject to revisions as specified in this report. Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 151 St./Marina Dr. May 2, 2012 BACKGROUND On May 27, 2011, Edward Selich, representing Bay City Partners, LLC, submitted an application to develop the City of Los Angeles Department of Water and Power ("DWP") Specific Plan area with a 48-lot residential development on 4.5 acres and 6.4 acres for public open space/passive recreation purposes. Specifically, the applicant is seeking approval of the following actions: • Certification of a Final EIR, and adoption of a Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations; • Specific Plan Amendment 11,-1 to amend the DWP Specific Plan to allow residential land uses and open space uses in the DWP Specific Plan area; • General Plan Amendment 11-1 to amend the Land Use Element of the General Plan to redesignate 4.5 acres from Open Space to Residential High Density and 0.05 acre from Open Space to General Commercial and to amend wording to allow residential land use within the Specific Plan area; • Zoning Map Amendment 11-1 to change the zoning designation of 0.05 acre from the Specific Plan Regulation (SPR) zone to the Service Commercial (SC) zone, and to add 1.4 acres to the existing SPR designation; and • TTM 17425 to create a 48-residential lot subdivision in the DWP Specific Plan area with 11 additional lots for roadways and landscaping, all in the northerly portion of the site. The subject property is located at the southwest corner of the intersection of Marina Drive and 1st Street. It is approximately 10.9 acres, and has approximately 350 feet of frontage on Marina Drive and approximately 850 feet of frontage on 1st Street. It includes all of the currently vacant DWP site, portions of the San Gabriel River and associated bike trail, and portions of an adjacent parcel that is currently developed with a legal non-conforming single family residence and a commercial facility. The General Plan Land Use Map depicts the subject property as Open Space and the text of the General Plan states that the property can be developed in accordance with the DWP Specific Plan with a visitor serving hotel on the northerly portion of the DWP site and open space on the southerly portion of the site. The DWP Specific Plan was originally adopted in 1982 and substantially revised in 1996. The 1996 version (Attachment 8) is the document that currently governs development of the property. It provides that the subject property can be developed -2- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1S1 St./Marina Dr. May 2, 2012 with open space on the southerly portion of the site and a visitor serving hotel limited to the area north of an imaginary westerly prolongation of Central Way. The subject property is currently zoned as follows: 9.55 acres are zoned Specific Plan Regulation (SPR), 0.1 acre is zoned Service Commercial (SC). An additional 1.3 acres along the riverfront does not appear on the City's Zoning Map, but is within the Specific Plan area. Surrounding land uses include residential, commercial, public beach and recreational/open space uses. To the north across Marina Drive is River Beach Town Homes, which is zoned Residential High Density 33 (RHD 33), and Marina Park, which is zoned Open Space Parks and Recreation. To the east across 1st Street is Old Town Seal Beach, which is zoned Residential High Density 20 (RHD 20). To the south is the public beach, beach parking lot and the River's End Café. To the west is the San Gabriel River and associated bike trail. REQUESTED APPROVALS The Project requires numerous approvals from the City. All but approval of TTM 17425 are legislative in character, and all require final action by the City Council under the terms of the Municipal Code. The Planning Commission's role is to formulate a recommendation to the City Council as to whether these approvals should be granted. Specific Plan Amendment 11-1 The City originally adopted the DWP Specific Plan in 1982, and subsequently amended it in 1996. The current (1996) version of the Specific Plan essentially provides for "open space and visitor-serving land uses and development standards created specifically for selected portions of the DWP property." Visitor-serving uses are "limited to the northerly 30% of the DWP parcel, more specifically, to the area adjacent to Marina Drive and First Street. In all cases, visitor-serving shall be limited to the area north of an imaginary westerly prolongation of Central Way." Building heights are limited to 35 feet. Permitted uses are limited to a hotel (maximum 150 rooms), restaurant(s), retail uses, service uses, and banquet/meeting/conference rooms. The proposed Specific Plan Amendment (Attachment 3) would allow detached, single family dwellings and public open space. Residential uses would be limited to the northerly portion of the site adjacent to Marina Drive and 1st Street, as shown on the Land Use Development Plan attached as Exhibit B to the Specific Plan. The legal description of the residential area is attached as Exhibit C to the Specific Plan. Residential structures would be subject to a 25-foot height limit and the same -3- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner PI St./Marina Dr. May 2, 2012 development standards generally applicable to Residential High Density (RHD-20) development in Old Town Seal Beach. The legal description of the open space area is attached as Exhibit D to the Specific Plan. Development standards and regulations for areas designated for open space would remain unchanged. Open Space would still be defined as "Public parks, green belts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces." Structures in the Open Space area would still be limited to light standards that do not exceed 15 feet in height and park benches. General Plan Amendment 11-1 The City's General Plan Land Use Map currently designates the subject property as Open Space and the text of the General Plan states that the property can be developed in accordance with the DWP Specific Plan with a visitor serving hotel on the northerly portion of the DWP site and open space on the southerly portion of the site. In order to accommodate residential development on the northerly 4.5 acres of the subject property, General Plan Amendment 11-1 would amend the Land Use Element of the General Plan as follows: o The three paragraphs following the heading, "Los Angeles Department of Water and Power Specific Plan," on page LU-13 of the Land Use Element would be amended to read as follows: "Formerly the location of a large power plant for the Los Angeles Gas and Electric Company (now the Department of Water and Power or DWP), this site has an excellent view of the Long Beach Marina and northern coastline as far north as Palos Verdes. Considering these positive factors in combination with high land value (attributed to location and access), this site has potential for visitor-serving open space and residential use. "Access for pedestrians and cyclists to the river's edge and along the entire length of the San Gabriel River from Westminster Avenue to the beach, including this site, will be maintained. "To provide a comprehensive plan for this area, in 2012, the City revised the Department of Water and Power Specific Plan, which establishes the land uses and general development standards for this area. Residential uses are limited to the northerly portion of the DWP site with permitted uses including single unit residential subject to the same development standards as the rest of Old Town Seal Beach. The lower portion of the site is designated for open space uses such as public parks, greenbelts, -4- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner 151 St./Marina Dr. May 2, 2012 bike, and nature trails, and other passive recreational uses. The boundary of the Los Angeles Department of Water and Power Specific Plan is depicted in Land Use — Figure 9 on page LU-79 at the end of this element." o Under the "Goals, Objectives and Polices" portion of the Land Use Element, the bulleted paragraphs following the heading, "Los Angeles Department of Water and Power Specific Plan," on page LU-40 would be amended to read as follows: "o Provide a comprehensive plan for this area by providing for a mix of visitor-serving open space and residential use. "e Limit residential uses to the northern portion of the DWP site with permitted uses including single unit residential. "0 Designate the southern portion of the site for open space uses such as public parks, greenbelts, bike, and nature trails, and other passive recreational uses." o "Land Use— Figure 1 — Planning Area 1 Land Use Map" in the Land Use Element of the Seal Beach General Plan will be amended to reflect the changes to the Specific Plan area boundaries set forth in DWP Specific Plan Amendment 11-1 and Zone Map Amendment 11-1, and to designate as Residential High Density that area of the DWP Specific Plan approved for residential use. The Community Development Director would be authorized and directed to take all steps necessary to implement these map changes. o "Land Use — Figure 9 — Los Angeles Department of Water and Power Specific Plan" in the Land Use Element of the Seal Beach General Plan would be amended to correspond to DWP Specific Plan Amendment 11-1, and Zone Map Amendment 11-1. The Community Development Director would be authorized and directed to take all steps necessary to implement this change. o Tables 2 and 3 on pages LU-50, LU-51, and LU-53 of the Land Use Element, which set forth the land use acreage information for the City, would be amended to reflect the redesignation of 4.5 acres from Open Space to Residential High Density and 0.05 acre from Open Space to Service Commercial. Zoning Map Amendment 11-1 Zoning Map Amendment 11-1 would adjust the boundaries of the DWP Specific Plan area to include the entirety of the subject property, which would be designated SPR for Specific Plan Regulation. Approximately 1.4 acres of land would be added to the -5- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1"St./Marina Dr. May 2, 2012 existing SPR designation and a 0.05-acre portion that is currently part of the Specific Plan area would be designated as Service Commercial (SC), which would permit it to be absorbed into the adjacent SC property by way of a future lot line adjustment. (See Attachment 9.) Tentative Tract Map 17425 TTM 17425 (see Attachment 4) would result in the development of 48 detached single family parcels on the northerly 4.5 acres of the site plus 11 other lots that would be used for landscaping and roadways. Residential lot sizes would range from 2,680 to 3,280 square feet with widths between 25 and 25.5 feet and depths between 107 and 115 feet. Access to the tract would be via both Marina Drive and 1st Street. Each street would have a public street and public alley access. Within the tract, half of the lots would have alley access. The other half would have access to either a public street or private driveway. Pursuant to Section 10.20.020, a tentative tract map shall not be approved if any of the following findings are made: 1. The proposed subdivision, including design and improvements, is not consistent with the General Plan or any applicable specific or precise plan. 2. The site is not physically suitable for the type or proposed density of development. 3. The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat. 4. The design of the subdivision or type of improvements is likely to cause serious public health problems. 5. The design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. The City may approve the subdivision if the City finds that the subdivider will provide alternate easements for access or use that are substantially equivalent to the easements previously acquired by the public. This Subsection 5 shall apply only to easements of record, or to easements established by judgment of a court of competent jurisdiction, and no authority is hereby granted to the City to determine that the public at large has acquired easements of access through or use of property within the proposed subdivision. -6- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1s`St./Marina Dr. May 2, 2012 6. The discharge of sewage from the proposed subdivision into the community sewer system would result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. 7. A preliminary soils report or geological hazard report indicates adverse soil or geological conditions and the subdivider has failed to provide sufficient information to the satisfaction of the City Engineer that the subdivider can correct such conditions. Staff has reviewed TTM 17425 and recommends that if it is approved, such approval be made subject to the Conditions of Approval set forth in Attachment 5. Staff further recommends that the Planning Commission consider the following revisions to TTM 17425: • Reorient certain lots so that they front onto 1st Street, or alternatively provide sufficient landscape area to provide a visual screening of the sides of the units from 1st Street. • Provide alley access to more lots which would allow more on-street parking. • Maximize on-street parking opportunities in the site design. • Provide more efficient access to lots 36 through 40 to facilitate trash pick-up service. • Align "B" Street with Central Way on the east side of 1st Street so as to eliminate the proposed off-set street intersection. • With the realignment of "B" Street, design all lots to be north of the future northerly right-of-way line of"B" Street. • Provide a larger setback on 1st Street for the most southeasterly lot, to allow for increased ocean/river visibility from 1st Street when travelling south on 1st Street. • Consider a mix of lot widths to encourage streetscape variety that would reflect Old Town Seal Beach development patterns. These revisions to TTM 17425 may result in a reduction to the number of residential lots being proposed. In the event the Commission accepts staffs recommendation, staff will review the map and conditions of approval to ensure a cohesive design and to ensure -7- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1_sv St./Marina Dr. May 2, 2012 that the conditions of approval remain appropriate prior to the City Council's public hearing on the Project. Development Agreement State law and the Municipal Code authorize cities to enter into development agreements with land use applicants. State law requires that the Planning Commission conduct a public hearing regarding any development agreement between City and any developer. A development agreement has been drafted for the Project. (See Attachment 6). By letter dated April 27, 2012, the Applicant has requested that the Commission not consider the agreement. ENVIRONMENTAL REVIEW As the lead agency for the Project under the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA"), the City determined that an EIR was necessary to fully analyze, disclose, and mitigate the Project's environmental impacts. At the direction of the City, RBF Consulting prepared the Draft EIR. The Draft EIR was circulated for a 57-day public review and comment period from November 14, 2011 to January 9, 2012. Following the public review period, the City prepared a Final EIR, which includes written responses to all comments received during the public review period regarding the Draft EIR, a Mitigation Monitoring and Reporting Program, and Errata. The Final EIR was released to the public on April 2, 2012. The Final EIR concluded that after the incorporation of all feasible mitigation measures, the Project would have significant unavoidable impacts relating to Aesthetics/Light and Glare because the Project would significantly change the existing visual character/quality of the site and its surroundings and would generate significant additional light and glare beyond existing conditions. Pursuant to CEQA, if a project is approved that has significant impacts that cannot be feasibly mitigated, the agency is required to state the specific reasons for approving the project, based on the Final EIR and any other information in the public record for the project. CEQA refers to this as a "Statement of Overriding Considerations." Due to the significant and unavoidable Aesthetic/Light and Glare impacts identified in the Final EIR, the City Council would need to adopt such a statement in order to approve the Project. CEQA also requires an EIR to identify alternatives to the project along with the environmental impacts of the alternative. The Final EIR identifies a "No Project/No Build" alternative, which considers the impacts if the subject property remains -8- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner 1s1 St./Marina Dr. May 2, 2012 unchanged, a "No Project/1996 DWP Specific Plan" alternative, which considers the impacts of the development of a hotel as allowed under the existing terms of the DWP Specific Plan, and a "Modified Layout" alternative. Under the Modified Layout alternative (see EIR), 41 residential lots would be developed on the northern portion of the property, with front yards along 1st Street and Marina Drive, and the Central Way right-of-way prolongation (B Street) would be located approximately 300 feet south of Marina Drive, in alignment with the existing Central Way right-of-way (located east of 1st Street). Comparatively, this Alternative's proposed modifications would reduce the number of residential lots (seven fewer), change the orientation of the front yards, and relocate the Central Way prolongation approximately 50 feet to the north. Because it would reduce or eliminate the Project's significant and unavoidable impacts and not have any greater impacts than the Project, the Final EIR identifies the Modified Layout alternative as the environmentally superior alternative. PROJECT REVIEW In addition to the public review and comment on the Draft EIR, the Project, and certain aspects thereof have been reviewed at public meetings of the City's Subdivision Technical Review Committee, Archaeological Review Committee, and Parks and Recreation Commission. More recently, on April 17, 2012, the City's DWP Specific Plan Advisory Committee reviewed the Project at a public meeting. After taking public comment on the proposal, the DWP Specific Plan Advisory Committee voted 4-1 to recommend that the City Council not approve the Project. On April 25, 2012, the City's Environmental Quality Control Board (EQCB) reviewed the Final EIR at a public meeting. After taking public comment on the Final EIR, the EQCB voted 4-1 to recommend to the City Council that the Final EIR not be certified. Staff has also received one e-mail comment, dated April 23, 2012, from Steven Pekar, in support of the proposed project. (See Attachment No. 7). The Planning Commission is now requested to make a recommendation to the City Council regarding both the adequacy of the Final EIR and whether to approve the Project. The Commission's recommendations will be forwarded to the City Council for final action. The City Council is scheduled to consider the Final EIR and the Project on June 11, 2012 and June 25, 2012. -9- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1"St./Marina Dr. May 2, 2012 STAFF RECOMMENDATION Staff recommends that after considering all relevant written and oral testimony presented during the public hearing, the Commission recommend that the City Council: (1) certify the Final EIR, and adopt the Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations; (2) approve General Plan Amendment 11-1, Specific Plan Amendment 11-1 and Zone Map Amendment 11-1; and (3) approve TTM 17425 subject to the conditions of approval and revisions as suggested by staff in this report. If TTM 17425 is revised to incorporate changes suggested in this staff report or any other changes recommended by the Commission, staff will review the map and conditions of approval to ensure a cohesive design and to ensure that the conditions of approval remain appropriate prior to the City Council's public hearing on the Project. Staff has prepared draft Resolution 11-9 for adoption by the Planning Commission in the event the Commission accepts Staff's recommendation. (See Attachment 1). Should the Commission choose to take a different action, Staff will return to the Commission with an amended draft resolution. CX9 Greg Hastings Interim Community Development Director Attachments: (9) 1. Proposed Planning Commission Resolution 11-9, A Resolution of the Seal Beach Planning Commission Recommending Approval of General Plan Amendment 11-1, Specific Plan Amendment 11-1, Zoning Map Amendment 11-1, and Tentative Tract Map 17425, to Allow Development of 48 Single Family Residential Units in the DWP Specific Plan Area. 2. Mitigation Monitoring and Reporting Program and Final EIR. (Draft and Final EIR — including the Mitigation Monitoring and Reporting Program -- previously provided to the Planning Commission, City Council, and public libraries. The -10- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1'`St./Marina Dr. May 2, 2012 complete EIR is not provided as part of this staff report due to length. Copies are available at the Department of Community Development and will be available at the public hearing) 3. Draft Specific Plan Amendment 11-1 4. Tentative Tract Map No. 17425 5. Recommended Conditions of Approval of Tentative Tract Map No. 17425 — City of Seal Beach Public Works Department. 6. Draft Development Agreement 7. Correspondence dated April 23, 2012 submitted in support of Project from Steven Pekar. Correspondence dated April 27, 2012, submitted in support of project from Jim Balaam. 8. 1996 DWP Specific Plan 9. Proposed Zoning Map Amendments -11- Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner 13"St./Marina Dr. May 2, 2012 ATTACHMENT 1 PROPOSED PLANNING COMMISSION RESOLUTION 11-9, A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 11-1, SPECIFIC PLAN AMENDMENT 11-1, ZONING MAP AMENDMENT 11-1, AND TENTATIVE TRACT MAP 17425, TO ALLOW DEVELOPMENT OF 48 SINGLE FAMILY RESIDENTIAL UNITS IN THE DWP SPECIFIC PLAN AREA -12- RESOLUTION NO. A RESOLUTION OF THE SEAL BEACH PLANNING COMMISSION RECOMMENDING APPROVAL OF GENERAL PLAN AMENDMENT 11-1, SPECIFIC PLAN AMENDMENT 11-1, ZONING MAP AMENDMENT 11-1, AND TENTATIVE TRACT MAP 17425 TO ALLOW DEVELOPMENT OF 48 SINGLE FAMILY RESIDENTIAL PARCELS IN THE DWP SPECIFIC PLAN AREA THE SEAL BEACH PLANNING COMMISSION HEREBY FINDS, DETERMINES AND RESOLVES AS FOLLOWS: Section 1. Bay City Partners ("Applicant") has submitted an application for General Plan Amendment 11-1, Specific Plan Amendment 11-1, Zoning Map Amendment 11-1 and Tentative Tract Map 17425 to allow for the development of 48 single family residential properties on the property commonly known as the DWP site" at the southwest corner of the intersection of Marina Drive and 1st Street. In addition, a development agreement has been prepared. These related approvals are collectively referred to herein as the "Project." Section 2. The City prepared an Environmental Impact Report ("EIR") for the Project in accordance with the California Environmental Quality Act, Cal. Pub. Res. Code § 21000 et seq. ("CEQA"), the State CEQA Guidelines, 14 C.C.R. § 15000 et seq., and Chapter 11.5.35 of the Seal Beach Municipal Code ("Municipal Code" or SBMC"). The Draft EIR (State Clearinghouse Number 2011061018) was circulated for a 57-day public review and comment period from November 14, 2011 to January 9, 2012. Following the public review period, the City prepared a Final EIR, which includes written responses to all comments received during the public review period regarding the Draft EIR. Section 3. On May 2, 2012, the Planning Commission held a duly noticed public hearing to review the Final EIR and the Project. The record of the public hearing held by the Planning Commission indicates the following: a. All persons wishing to address the Planning Commission regarding the Project were given an opportunity to do so at the public hearing. The Applicant's representatives and other persons spoke in favor of the Project. Other persons spoke in opposition to the Project on various grounds. b. The Planning Commission received the following into evidence: (1) the Planning Commission staff reports regarding the Project with all attachments thereto, and (2) the Final EIR, including all appendices regarding the same; and all other written information and correspondence presented at the public hearing. c. The subject property of the Project is a 10.9-acre site that includes all of the currently vacant DWP site, portions of the San Gabriel River and associated Page 1 of 6 bike trail, and portions of an adjacent parcel that is currently developed with a legal non- conforming single family residence and a commercial facility. d. Surrounding land uses include residential, commercial, public beach, and recreational/open space uses. To the north are the River Beach Town Homes, which is zoned Residential High Density 33 ("RHD 33"), and Marina Park, which is zoned Open Space Parks and Recreation and Oil Extraction, respectively. To the east is Old Town Seal Beach, which is zoned Residential High Density 20 ("RHD 20"). To the South is the public beach, beach parking lot and the River's End Cafe. To the west is the San Gabriel River and associated bike trail. e. General Plan Amendment 11-1 1. The current General Plan depicts the subject property on the Land Use Map as Open Space and the text of the General Plan states that the property can be developed in accordance with the DWP Specific Plan with a visitor serving hotel on the northerly portion of the DWP site and open space on the southerly portion of the site. 2. General Plan Amendment 11-1 would amend the Land Use Element of the General Plan to redesignate the northerly 4.5 acres of the subject property from Open Space to Residential High Density and 0.05 acre from Open Space to General Commercial and to amend wording of the Land Use Element to allow residential land use within the Specific Plan area. f. Specific Plan Amendment 11-1 1. The current DWP Specific Plan provides for "open space and visitor-serving land uses and development standards created specifically for selected portions of the DWP property." Visitor-serving uses are "limited to the northerly 30% of the DWP parcel, more specifically, to the area adjacent to Marina Drive and First Street. In all cases, visitor-serving shall be limited to the area north of an imaginary westerly prolongation of Central Way." Building heights are limited to 35 feet. Permitted uses are limited to a hotel (maximum 150) rooms, restaurant(s), retail uses, service uses, and banquet/meeting/conference rooms. 2. Specific Plan Amendment 11-1 would amend the DWP Specific Plan to allow detached, single family dwellings and public open space. Residential uses would be limited to the northerly portion of the site adjacent to Marina Drive and 1st Street, as shown on the Land Use Development Plan attached as Exhibit B to the Specific Plan. Residential structures would be subject to a 25-foot height limit and the same development standards generally applicable to Residential High Density (RHS- 20) development in Old Town Seal Beach. Development standards and regulations for areas designated for open space would remain unchanged. Open Space would still be defined as "Public parks, green belts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces." Structures in the Open Page 2 of 6 Space area would still be limited to light standards that do not exceed 15 feet in height and park benches. g. Zoning Map Amendment 11-1 1. The current Zoning Map shows the subject property zoned as follows: 9.55 acres are zoned Specific Plan Regulation (SPR), 0.1 acres are zoned Service Commercial (SC). An additional 1.3 acres along the riverfront parcel does not appear on the City's Zoning Map, but is within the Specific Plan area. 2. Zoning Map Amendment 11-1 would amend the Zoning Map to adjust the boundaries of the DWP Specific Plan area to include the entirety of the subject property, which would be designated SPR for Specific Plan Regulation. Approximately 1.4 acres of land would be added to the existing SPR designation and 0.05 acres portion that is currently part of the Specific Plan area would be designated as Service Commercial (SC), which would permit it to be merged with the adjacent property, which is already in the SC zone. h. Tentative Tract Map 17425 (TTM 17425) 1. TTM 17425 would allow development of 48 single family detached single family units on approximately 4.5 acres in the northern portion of the project site. The Applicant would construct the finished pads and all infrastructure necessary to serve the new residential development in a single phase. Residential units would be developed individually by homeowners as custom homes, depending on market conditions and demand. Vehicle access to the residential development would be via newly constructed public streets from Marina Drive and First Street and a mix of publicly and privately maintained internal alleyways. 2. TTM 17425 would result in the development of 48 detached single family parcels on the northerly 4.5 acres of the site plus 11 other lots that would be used for landscaping and roadways. Residential lot sizes would range from 2,680 to 3,280 square feet with widths between 25 and 25.5 feet and depths between 107 and 115 feet. Access to the tract would be via both Marina Drive and 1st Street. Each street would have a public street and public alley access. Within the tract, half of the lots would have alley access. The other half would have access to either a public street or private driveway. The Applicant would construct the finished pads and all infrastructure necessary to serve the new residential development in a single phase. 3. Staff has recommended the following revisions to TTM 17425: i. Lots adjacent to 1st Street should be re-oriented to face 1st Street or else landscaping should be required that would be sufficient to provide a visual screening of the sides of the units from 1st Street. ii. Alley access should be provided to more lots in order to maximize on-street parking opportunities in the site design. Page 3 of 6 iii. More efficient access should be provided to lots 36 through 40 to facilitate trash pick-up[ service. iv. "B" Street should be aligned with Central Way on the east side of 1st Street so as to eliminate the proposed off-set street intersection and no lots should be created south of the re-aligned "B" Street. v. A larger setback should be provide on 1st Street for the most southeasterly lot, to allow for increased ocean/river visibility from 1st Street when traveling south on 1st Street. vi. A mix of lot widths should be included to encourage streetscape variety that would better reflect Old Town Seal Beach development patterns. i. Open Space. The Applicant has agreed to convey to the City approximately 6.4 acres of the project site not developed for residential use upon receiving City and Coastal Commission approval of the Project. Such area will be used for open space and passive recreational uses in accordance with the DWP Specific Plan. j. A development agreement has been drafted that would grant the Applicant vested development rights for the Project for a period of 10 years from the date the Project is approved by the California Coastal Commission. By letter dated April 26, 2012, the Applicant has requested that the development agreement be withdrawn. Section 4. Based upon substantial evidence in the record of the hearing regarding the Project, the Planning Commission hereby finds as follows: a. The Final EIR has been prepared in accordance with and complies with the requirements of CEQA, the State CEQA Guidelines, and the Municipal Code. b. The Project, as conditioned and inclusive of the revisions to TTM 17425 recommended by Staff, provides a comprehensive development plan for the subject property that accomplishes the following goals: 1. Creation of a comprehensive land use and infrastructure plan for under-utilized and vacant properties that includes a reasonable range of land uses and provides for the construction and maintenance of public improvements to the street and circulation system. 1. Conveyance of waterfront open space to the City for public use and enjoyment. 2. Development of the subject property that is at least fiscally neutral and, more likely, fiscally beneficial to the City. Page 4 of 6 3. Mitigation of all avoidable Project impacts below the level of significance, and implementation of all feasible mitigation measures for significant and unavoidable Project impacts. c. The Commission finds further as follows regarding TTM 17425, as conditioned and inclusive of the revisions recommended by Staff. 1. The proposed subdivision, including design and improvements, is consistent with the General Plan and the DWP Specific Plan, as amended by General Plan Amendment 11-1 and Specific Plan Amendment 11-1, respectively. 2. The site is physically suitable for residential development at the proposed density 3. The design of the subdivision and the proposed improvements are not likely to cause substantial environmental damage or injure fish or wildlife or their habitat. 4. The design of the subdivision and improvements are not likely to cause serious public health problems. 5. The design of the subdivision and improvements will not conflict with easements, acquired by the public at large for access through or use of, property within the proposed subdivision. 6. The discharge of sewage from the proposed subdivision into the community sewer system would not result in violation of existing requirements prescribed by the California Regional Water Quality Control Board. 7. Reports regarding soils and geological hazards do not indicate adverse soil or geological conditions. d. The Project, as conditioned and inclusive of the revisions to TTM 17425 as recommended by Staff, is consistent with the General Plan, as amended by General Plan Amendment 11-1 and the DWP Specific Plan, as amended, by Specific Plan Amendment 11-1. e. The Project, as conditioned and inclusive of the revisions to TTM 17425 as recommended by Staff, will promote the public health, safety, and welfare and is in the public interest. Section 5. Based on the foregoing facts and findings, the Planning Commission hereby recommends that the City Council: (1) certify the Final EIR, and adopt the Mitigation Monitoring and Reporting Program and a Statement of Overriding Considerations; (2) approve Specific Plan Amendment 11-1, General Plan Amendment 11-1, and Zone Map Amendment 11-1; and (3) approve Tentative Tract Map ("TTM") 17425 subject to revisions as specified in this Resolution. Page 5 of 6 PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commision at a meeting thereof held on May 2, 2012, by the following vote: AYES: Commissioners NOES: Commissioners ABSENT: Commissioners ABSTAIN: Commissioners Sandra Massa-Lavitt Chairwoman Greg Hastings Interim Planning Commission Secretary Page 6 of 6 Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1"St./Marina Dr. May 2, 2012 ATTACHMENT 2 MITIGATION MONITORING AND REPORTING PROGRAM AND FINAL EIR. (DRAFT AND FINAL EIR - INCLUDING THE MITIGATION MONITORING AND REPORTING PROGRAM - PREVIOUSLY PROVIDED TO THE PLANNING COMMISSION, CITY COUNCIL, AND PUBLIC LIBRARIES. THE COMPLETE EIR IS NOT PROVIDED AS PART OF THIS STAFF REPORT DUE TO LENGTH. COPIES ARE AVAILABLE AT THE DEPARTMENT OF COMMUNITY DEVELOPMENT AND WILL BE AVAILABLE AT THE PUBLIIC HEARING) -13- Section 3.0 - Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report 3.0 MITIGATION MONITORING AND REPO TING P ®GRAM The California Environmental Quality Act(CEQA) requires that when a public agency completes an environmental document which includes measures to mitigate or avoid significant environmental effects, the public agency must adopt a reporting or monitoring program. This requirement ensures that environmental impacts found to be significant will be mitigated. The reporting or monitoring program must be designed to ensure compliance during project implementation (Public Resources Code Section 21081.6). In compliance with Public Resources Code Section 21081.6, Table 1, Mitigation Monitoring and Reporting Checklist, has been prepared for the Department of Water and Power Specific Plan Amendment (the project). This Mitigation Monitoring and Reporting Checklist is intended to provide verification that all applicable Conditions of Approval relative to significant environmental impacts are monitored and reported. Monitoring will include: 1) verification that each mitigation measure has been implemented; 2) recordation of the actions taken to implement each mitigation; and 3) retention of records in the Department of Water and Power Specific Plan Amendment project file. This Mitigation Monitoring and Reporting Program delineates responsibilities for monitoring the project, but also allows the City flexibility and discretion in determining how best to monitor implementation. Monitoring procedures will vary according to the type of mitigation measure. Adequate monitoring consists of demonstrating that monitoring procedures took place and that mitigation measures were implemented. This includes the review of all monitoring reports, enforcement actions, and document disposition, unless otherwise noted in the Mitigation Monitoring and Reporting Checklist (Table 1). If an adopted mitigation measure is not being properly implemented, the designated monitoring personnel shall require corrective actions to ensure adequate implementation. Reporting consists of establishing a record that a mitigation measure is being implemented, and generally involves the following steps: • The City distributes reporting forms to the appropriate. entities for verification of compliance. • Departments/agencies with reporting responsibilities will review the Initial Study, which provides general background information on the reasons for including specified mitigation measures. • Problems or exceptions to compliance will be addressed to the City as appropriate. • Periodic meetings may be held during project implementation to report on compliance of mitigation measures. Final o April 2012 3-1 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report • Responsible parties provide the City with verification that monitoring has been conducted and ensure, as applicable, that mitigation measures have been implemented. Monitoring compliance may be documented through existing review and approval programs such as field inspection reports and plan review. • The City prepares a reporting form periodically during the construction phase and an annual report summarizing all project mitigation monitoring efforts. • Appropriate mitigation measures will be included in construction documents and/or conditions of permits/approvals. Minor changes to the Mitigation Monitoring and Reporting Program,if required,would be made in accordance with CEQA and would be permitted after further review and approval by the City. No change will be permitted unless the Mitigation Monitoring and Reporting Program continues to satisfy the requirements of Public Resources Code Section 21081.6. Final 0 April 2012 3-2 Mitigation Monitoring and Reporting Program 72 o CU v RI fAba W 0 74 v rs U 4' u w p' I 0 � � " o U • v U a a U w a 0.. 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L N O N ;� a u M EI Q .i C N C - H O .Z., v .q U C.. 11a N bA t1, bA u v v •• bA u 0 u G u u v C u u N �n w 3 v y N cc9 '1-1 .9 td,.,.-8 -0 O u V n o U v o o ' o v aU 'Q a u -d a cd U G H W U O u X N "N O� N 0 'I) O j04 N r' Ci � w i, u u -o u Y -u a 0 °'Can w yN .4 0 b.O N 0. bp'0 •0 '3 u co, N u C. y) C �, N '7' ,7 Q, N C pv 'aj a3 O C d O C .D N .•d 0 u u ate., N "'k u A b .p O 2 = va � a2gc .. .u ' w3 a no w $ � -S vx a bum • a u „ c H C :y a W na a 'Q.0 0 ua, ca o w o B' b 0 N 0 0 p. y N bA 0 u rr N O u +-i ..0 x 0, . .a '01 t u ._0 u ur 0 0 R, ate, 0 .0 1 O U u u v 0 74 .b 7 '•' u ,.+ .0 L]+,g O .GC .g .E O .0 u D by X. .-0C) c'1 aoa � � � ' v � a HU ° �C �3 ain 'a� 3 0 0 L-' y., U (�+ 0 •N 0 i--' '�jN•, 0 0 0 4J L, = H z N N V H "0 _l 0 cl N O y N II t w E . z o o 1 w" Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner 1'St./Marina Dr. May 2, 2012 ATTACHMENT 3 DRAFT SPECIFIC PLAN AMENDMENT 11-1 -14- CITY OF LOS ANGELES DEPARTMENT OF WATER AND POWER SPECIFIC PLAN (As amended June_, 2012) City of Seal Beach Community Development Department 211 Eighth Street Seal Beach, California 90740 (562) 431-2527 Department of Water and Power Specific Plan June- ,2012 SECTION A: INTRODUCTION 1. AUTHORITY AND SCOPE California Government Code Section 65450 et. seq. and Seal Beach Municipal Code Chapter 11.5.15.005 authorize the City of Seal Beach ("City") to adopt and amend the DWP Specific Plan. A Specific Plan may include all detailed regulations, conditions, programs, and proposed legislation which may be necessary or convenient for the systematic implementation of each element of the General Plan. In addition, Division 20 of the California Public Resources Code (California Coastal Act of 1976) requires the submission of zoning ordinances, zoning district maps or other implementing actions to the Coastal Commission following local government adoption. 2. PURPOSE AND INTENT The DWP Specific Plan provides for the classification and development of property described in Exhibit A (the "Specific Plan area") as a coordinated comprehensive project to realize the benefits of integrated community planning. The concepts, regulations and conditions established by the DWP Specific Plan, as amended, implement the City's General Plan by providing for the development of detached, single family dwellings and public open space. The DWP Specific Plan, as amended, establishes the type, location, intensity, and character of future development, while providing for creative and imaginative community design concepts. Zoning regulations, development standards and other regulations have been incorporated into the DWP Specific Plan in return for increased development sensitivity and community amenities to serve the present and future Seal Beach residents and visitors. 3. LOCATION The DWP Specific Plan governs that property generally between the San Gabriel River Channel to the west, First Street to the east, Marina Drive to the north and the public beach on the south, described with more particularity in the legal description attached hereto as Exhibit A and incorporated by this reference. Attached hereto as Exhibit B and incorporated by this reference is the Land Use Development Plan. 4. NOTES AND CONDITIONS A. Unless otherwise specified, all development within the DWP Specific Plan shall comply with the City of Seal Beach Municipal Code ("Municipal Code"). Terms used herein shall have the same meaning as defined in the Municipal Code unless otherwise defined herein. B. Any details or issues not specifically covered by this Specific Plan shall be subject to the regulations of the Municipal Code. 2 DWP Specific Plan Revised through June--,2012 C. The approval of development within the Specific Plan area shall be governed by Municipal Code Chapter 11.5.15.005 and applicable portions of Section 65450 et seq. of the California Government Code. D. All construction within the boundaries of the Specific Plan shall comply with all provisions of the Uniform Building Code and the various mechanical, electrical, plumbing, fire and security codes adopted by the City of Seal Beach as established by the Municipal Code. E. Modifications to the Specific Plan that do not give rise to a conflict with the intent of the Specific Plan as approved may be approved by the City Manager. F. Environmental assessment for any development shall be completed prior to final action on the project. G. Any land use designation not specifically included in the DWP Specific Plan shall not be permitted. H. If any regulation, condition, program or portion thereof of the Specific Plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and the invalidity of such provision shall not affect the validity of the remaining provisions hereof. I. A seven member Advisory Committee shall provide citizen input and review of all matters relating to this Specific Plan. SECTION B: LAND USE DEVELOPMENT PLAN/ GENERAL DEVELOPMENT STANDARDS 1. LOCATION The general location of all principal land uses is shown in Exhibit B, Land Use Development Plan. All construction within the Specific Plan area shall conform to Exhibit B and the Development Standards. The general Development Standards provide continuity for the Specific Plan area by providing generalized standards for residential uses. 2. LAND USE CATEGORIES The only land uses permitted within the Specific Plan area are Residential Use and Open-Space Use as shown on Exhibit B. 3 DWP Specific Plan Revised through June 2012 3. RESIDENTIAL USES A. Location Residential uses shall be limited to the northerly portion of the Site adjacent to Marina Drive and First Street, as shown on the Land Use Development Plan (Exhibit B). The legal description of the area designated for residential uses is attached hereto as Exhibit C. B. Permitted Use Single-unit residential. 4. OPEN SPACE USE A. Location Open Space is located in the southerly portion of the Site as shown on Exhibit B. The legal description of the area designated "Open Space" is attached hereto as Exhibit D. B. Permitted Uses Public parks, green belts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces. 5. CIRCULATION The street system shall be located as generally shown on the Land Use Development Plan, Exhibit B. Final alignments shall be reviewed by the City Engineer in accordance with Seal Beach Municipal Code Title 10. All streets shall conform to the standards approved by the City Engineer. 6. BUILDING HEIGHT A. Residential The maximum building height shall not exceed 25 feet. 4 DWP Specific Plan Revised through June 2012 B. Open Space To ensure the passive nature of the open space area, only light standards and park benches shall be allowed, and the height of said light standards shall not exceed 15 feet. 7. PARKING As required by the Municipal Code. 8. DEVELOPMENT STANDARDS Residential uses must generally conform to the development standards applicable to Residential High Density (RED-20) development in Old Town Seal Beach. As noted below, the residences in Old Town do not share a uniform design standard. Development in Old Town is instead guided by lot dimensions, location, physical limitations and orientation. To ensure the appropriate application of the RHD-20 development standards in the Specific Plan area so that development of residential uses there is both compatible with existing residential uses in Old Town and promotes diversity, the Community Development Director may issue official written Code interpretations to disclose the manner in which the RED-20 development standards will be applied in the Specific Plan area in future cases. Any interpretation may be superseded by a later interpretation when the Director determines that the earlier interpretation was in error or no longer applicable under the current circumstances. Such interpretations shall be maintained on file with the City. 9. ARCHITECTURE AND DESIGN Development of residential uses in the Specific Plan area should be architecturally similar to existing residential development in Old Town Seal Beach. Old Town does not have a uniform design standard. Architectural design is instead guided by lot dimensions and the development standards for the RED-20 District. This has resulted in a characteristically eclectic mix of interesting architectural styles. Because residential development in the Specific Plan area will take place on similarly shaped lots and under the same RED-20 development standards, it will be architecturally compatible with Old Town. Additional architectural standards may also be implemented through private Covenants, Conditions, and Restrictions (CC&Rs). 10. UTILITIES All utilities shall be underground. 11. REQUIRED SUBMITTALS Applications for development shall be made in accordance with the procedural requirements of the Seal Beach Municipal Code. 5 DWP Specific Plan Revised through June 2012 Department of Water and Power Specific Plan June- ,2012 EXHIBIT A LEGAL DESCRIPTION OF THE DWP SPECIFIC PLAN AREA DWP Specific Plan Revised through June--,2012 exhibit A Legal Description of Property PARCEL I: LOTS 2.2 AND 3 IN BLOCK 100 CV TRACT NO.691I,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE; STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 31,PAGE 27 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION INCLUDED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23,1977 IN BOOK 12115.PAGE 201.OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, IN BOOK 90, PAGES 23 TO 30 INCLUSIVE OP RECORD OP SURVEYS. • PARCEL 2: THAT PORTION OF TIDE LAND LOCATION NO. 137(SURVEY NO. 106)AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901 AND RECORDED APRIL 27, 1901 IN BOOK 9,PAGE 109 OF PATENTS, RECORDS OP LOS ANGELES COUNTY AND RECORDED SEPTEMBER 5. 1905 N BOOK 1,PAGE 231 OF PATENTS, RECORDS OF ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT STATION 49 OF THE BOUNDARY SURVEY OF THE RANCHO LOS ALAMITOS.AS PER MAP RECORDED IN BOOK 1,PAGES 460,461 AND 462 OF PATENTS OF SAID LOS ANGELES COUNTY;THENCE ALONG SAID BOUNDARY NORTH 65°00'00°WEST 230.47 FEET TO A LINE PARALLEL WITH AND 200.00 FEET NORTHWESTERLY FROM THE RANCHO LIME BETWEEN BOUNDARY STATIONS 49 AND 50: T ENCB ALONG SAID • PARALLEL LINE NORTH 54°48'00'EAST 1226.40 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY PROM THE SOUTHWESTERLY LINE OP THE 200 FOOT STRIP OF LAND Dom- IN QUIIICLAIM DEED TO THE PACIFIC ELECTRIC RAILWAY COMPANY RECORDED FEBRUARY 21, 1924 IN BOOK 514, PAGE 44 OP DEEDS OF SAID ORANGE COUNTY;THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 42°15'CO'EAST 20132 FEET TO SAID RANCHO LINE;THENCE SOUTH 54°48'00"WEST 1136.60 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE LAND CONVEYED TO THE STATE OP CALIFORNIA FOR HIGHWAY PURPOSES RECORDED IN BOOK 426,PAGE 378 OF DEEDS, OFFICIAL RECORDS OF SAID ORANGE COUNTY, AND SUBSEQUENTLY RELINQUISHED TO THE CITY OF SEAL BEACH BY INSTRUMENT RECORDED IN BOOK 700, PAGE 260 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON TIER BOUNDARY LINE BETWEEN STATIONS 49 AND 50 OF SAID RANCHO LOS ALAMITOS,DISTANT NORTH 54°48'00"EAST 213.27 FEET FROM SAID STATION 49; THENCE NORTH 43°56'00"WEST 202.36 FEET TO A LINE PARALLEL WITH AND DISTANT NORTTIWPS7ERLY 200.00 FEET FROM SAID BOUNDARY LINE; THENCE NORTH 54°48'00°EAST 80.94 FEET ALONG SAID PARALLEL LINE;THENCE SOUTH 43°56' 00"EAST 202.36 FEET TO SAID BOUNDARY LINE:THENCE SOUTH 54°48'00°WEST 80.94 FEET ALONG SAID BOUNDARY LINE TO THE POINT OF BEGINNING. 2l13/09 10147.2 A-1 HAlk 0431119 v6 SAID LAND IS INCLUDED WITHIN THE AREA SHOWN AS PARCEL. A IN LICENSE • • SURVEYORS MAP OF THE TIDELANDS EAST OF NAPLES FILED IN BOOK 2,PAGES 47 AND • 48 OF RECORD OF SURVEYS. IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE. PARCEL 3: • THAT PORTION OF THE SOUTH HALF OF SECTION 11, TOWNSHIP 3 SOUTH RANGE 12 WE INCLUDED WITHIN LOT C-1 OF THE RANCHO LOS ALAMTTOS. IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAPS 1 AND 2 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF CALIFORNIA III AND FOR TILE COUNTY OF LOS ANGELES.CASE NO. 13527,A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14,PAGE 31 OF DEED®, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,D AS FOLLOWS: BEGINNING AT STATION 49 OF SAID RANCHO LOS ALAMITOS;THENCE NORTH 54°42'05' EAST 213.27 FEET ALONG THE WESTERLY BOUNDARY OF SAID RANCHO TO THE SOUTHWESTERLY LINE OF MARINA DRIVE,AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED IN BOOK 436, PAGE 107 OF DEEDS OF SAID ORANGE COUNTY;THENCE ALONG SAID SOITTIIWESTBRLY LINE SOUTH 44°02"EAST 3350 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 940 FEET; THENCE SOUTHEASTERLY 123.71 FEET ALONG SAID CURVE TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST EMT,AS • SHOWN ON A MAP OF BAY CITY RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS,IN TILE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;THENCE SOUTH 31° 17 50"WEST 137.49 FEET ALONG SAID PROLONGATION TO THE SOUTHIVEMEMY LINE OF SAID LOT C-I; THENCE NORTH 6S° 02' 10" WEST 240.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23,I977 IN BOOK 12115.PAGE 201,OFFICIAL RECORDS. PARCEL 4: THAT PORTION OF BLOCK B OF BAY CITY,IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE. STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY I.YINCI NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF TITE SOUTHEASTERLY UNE OF FIRST STREET AS SHOWN ON SAID MAP. EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS DESCRIBED IN THE DEED TO SAID CITY RECORDED JANUARY 23,1932 INBOOK 536,PAGE 49 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE 71131G9 101472 A-2 HL O 043319 v6 • BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHEASMILY LINE OF FIRST STREET AND THE SOUTHWESTERLY UNE OF OCEAN AVENUE AS SAID STREETS ARE SHOWN ON THE MAP OF SAID BAY CITY; THENCE ALONG THE SOUTHWESTERLY PROLONGATION OP SAID SOUTHEASTERLY LINE OF FIRST STREET 273.93 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 58°S4'WEST 35.32 FEET;THENCE METH 22° 51'WEST 366.64 FEET;THENCE NORTH 24°31'EAST 78.78 FEET TO THE SOUTHWESTERLY LINE OF OCEAN BOULEVARD,AS SHOWN ON SAID MAP. PARCEL S: THAT PORTION OF BLOCK "B' TOGETHER WIIR THAT PORTION OF "OCEAN AVE."A STREET,IN THE BAY CITY TRACT,IN 1TIE CITY OF SEAL BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN THE OFFICE OF TAM COUNTY RECORDER OP SAID COUNTY LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF BLOCK "C" OF SAID BAY CITY TRACT DESCRIBED AS FOLLOWS: BEGINNINO AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST STREET,AS SHOWN ON SAID MAP,WITH THE NORTHEASTERLY LINE OF SAID BLOCK"B";THENCE NORTH 31° 17'00"EAST 80.11 FEET ALONG SAID SOUTHWESTERLY PROLONGATION TO THE MOST SOUTHERLY CORNER OF SAID BLOCK "C"; THENCE NORTH 33° 41' 30" WEST 31796 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK °C" TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 20,1933 IN BOOK 612,PAGE 317 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTHERLY ALONG 11f1B SOUTHERLY PROLONGATION OF SAID EASTERLY UNE, AND THE SEAL BEACH BOUNDARY AGREEMENT NO. 2, RECORDED APRIL 8,1968 IN BOOK 8565,PAGE I OF OFFICIAL RECORDS OF SAID ORANGE COUNTY TO THE NORTHERLY TERMINUS OF THE AGREEMENT UNE BETWEEN THE STATE LANDS COMMISSION AND THE CITY OF SEAL BEACH AND THE CITY OF LOS ANGELES RECORDED AUGUST 9, 1967 IN BOOK 8336 PAGE 954 OF OFFICIAL RECORDS OP SAID ORANGE COUNTY; THENCE SOUTH 24° 31' 00" WEST 60.00 FEET ALONG LAST SAID AGREEMENT LINE TO THE RETTHINEITIEUX CORNER OF THE LAND DESCRIBED IN TAE DEED 10 THE CITY OF SEAL BEACH RECORDED JANUARY 23,1932 IN BOOK 336,PAGE 49 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;THENCE SOUTH 67°06'27"EAST 297.05 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF THE CITY OF SEAL BEACH,SAID SOUTHERLY LINE BEING THE SOUTHERLY LINE OF OCEAN AVENUE AS SET FORTH IN RESOLUTION NO. 197 BY THE TRUSTEES OF THE CITY OF SEAL BEACH AND RECORDED IN SAID BOOK 536,PAGE 49 OP OFFICIAL RECORDS.TO TM POINT OF BEGINNING. A PORTION OF SAID OCEAN AVE.WAS VACATED UPON APPLICATION OF THE BAYSIDE LAND COMPANY AND ACTION OF THE TRUSTEES OF THE CITY OF SEAL BEACH RECORDED AUGUST 18,1914 IN MINUTE BOOK II AT PAGE SI. 2113109 101472 A-3 MO:003319 v6 PARCEL 6: BLOCK C OF BAY CITY,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN. THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AND THAT PORTION OF LOT A-2,M THE RANCHO LOS MANTIC I INCLUDED WTT'TITN SAID CITY OF SEAL BEACH,AS SHOWN ON MAP NO.1 FILED TN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA. CASE NO. 13.527. A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING MN RECORDED FEBRUARY 2,1091 IN BOOK 146 PAGE 31 OF DEEDS OF SAID ORANGE COUNTY,LYING WESTERLY OF SAID BLOCK C AND LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SCRITHWESTERLY LINE OF SAID BLOCK C. EXCEPT FROM THE ABOVE DESCRIBED PORTION OF SAID LOT A-2 THAT PORTION THEREOF LYING WESTERLY AND SOUTTMFRLY OF THE POLLOWINO DESCRIBED LINE: BEGINNING AT A POINT NORTH 65°00'00°WEST,330.00 FEET FROM STATION NO.49 OF THE PATENT BOUNDARY LINE OF THE RANCHO LOS ALAMITOS, BEING IN THE NORTHEASTERLY LINE OF SAID BLOCK"C°AND ON TIRE EASTERN SHORE OF THE INLET FROM THE PACIFIC OCEAN TO ALAIMITS BAY:THENCE SOUTH 12°00'00°WEST,547.80 FEET;THENCE SOUTH 6'00'CO"WEST,69.93 FEET:THENCE SOUTH 29° 15'00°EAST,31.72 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF OCEAN AVE.,AS SHOWN ON AFORESAID MAP OF BAY CITY;THENCE SOUTH 5S°43'00"EAST, ALONG SAID LINE OF OCEAN AVENUE 325.63 PEST TO ME SOUTHEASTERLY ERLY CORNER OF SAID BLOCK"C. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN TRACT 690, AS PER MAP RECORDED IN BOOK. 31, PAGE 27 OF MISCELLANEOUS MAPS, IN TEE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. Y. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23,1977 IN BOOK 12115,PAGE 201,OFFICIAL RECORDS. EXCEPT FROM'SAID PARCELS I THOUGH 6 ALL WATER AND WATER RIGHTS APPURTENANT WHETHER SURFACE OR SUBSURFACE AND ALSO EXCEPT THEREFROM ALL OIL,GAS,AND PETROLEUM,OR OTHER MINERAL OR HYDROCARBON SUBSTANCES. WITHOUT 111E RIGHT TO EIIFBR UPON THE SURFACE OF SAID LAND FOR SUCH USE,AS RESERVED BY THE CITY OF LOS ANGELES, A MUNICIPAL OORPORATIDN,9 IN THE GRANT DEED RECORDED MAY 27,2003 AS INSTRUMENT PPD.20030110612379,OF OFFICIAL RECORDS. END OF LEGAL DESCRIPTION 71130 191472 A-4 MO:043319 v6 EXHIBIT B LAND USE DEVELOPMENT PLAN DWP Specific Plan Revised through June 2012 - Cry 1�__ � l ,11ri 'i,,'o`∎11 �' -1 i s• :...:.,_,_,-,_-----:1 r \\'1 0 1 k' ��.J - _- - _i= ._1111 t �Lr�. � ,� —� rtz erg, - ''1'1!;.'ir— 12 N-0111111#1„ritv,,,, i. , .- \ ,,,,,.„--- , v.„ ,ta,..71, ,_-.7 \ ,,„A 0111 MY c � � 1:1 .irti,1 _ , , . \ $ Y'''''\,t tt':`ry till CEAN AVENUE I 1 ` rill k` 1.1 R 4* _ r'''e, , `3�1 l.-a.--- DWP Specific Plan Revised through June 2012 EXHIBIT C: LEGAL DESCRIPTION OF RESIDENTIAL AREA DWP Specific Plan Revised through June 2012 EXHIBIT •C. • LEGAL DESCRIPTION "PROPOSED RESIDENTIAL PROJECT AREA" LOT"D" LOTS 1,2 AND 3 IN BLCOK 100 OF TRACT NO.698,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 31,PAGE 27 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. EXCEPT THAT PORTION INCLUDED IN THE FINAL ORDER OF CONDEMANTION RECORDED MARCH 23, 1977 IN BOOK 12115,PAGE 201,OF OFFICIAL RECORDS. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF • THE COUNTY RECORDER OF SAID ORANGE COUNTY,IN BOOK 90,PAGES 23 TO 30 INCLUSIVE OF RECORD OF SURVEY. LOT"E" THAT PORTION OF TIDE LAND LOCATION NO. 137(SURVEY NO. 106)AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901 AND RECORDED APRIL 27, 1901 IN BBOK 9, PAGE 105 OF PATENTES,RECORDS OF LOS ANGELES COUNTY AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1,PAGE 231 OF PATENTES,RECORDS OF ORANGE COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT THE STATION 49 OF THE BOUNDARY SURVEY OF THE RANCHO LOS ALAMITOS,AS PER MAP RECORDED IN BOOK 1,PAGES 460,461 AND 462 OF PATENTS OF SAID LOS ANGELES COUNTY;THENCE ALONG SAID BOUNDARY NORTH 65°00'00"WEST 230.47 FEET TO A LINE PARALLEL WITH AND 200.00 FEET NORTHEWESTERLY FROM THE RANCHO LINE BETWEEN BOUNDARY STATIONS 49 AND 50;THENCE ALONG SAID PARALLEL LINE NORTH 54°48'00"EAST 1226.40 FEET TO A LINE PARALLEL WITH AND 30.00 FEET SOUTHWESTERLY FROM THE SOUTHWETERLY LINE OF THE 200 FOOT STRIP OR LAND DESCRIBED IN QUITCLAIM DEED TO THE PACIFIC ELECTRIC RAILWAY COMPANY RECORDED FEBRUARY 21, 1924 IN BOOK 514,PAGE 44 OF DEEDS OF SAID ORANGE COUNTY;THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 42° 15'00"EAST 201.52 FEET TO SAID RANCHO LINE;THENCE SOUTH 54°48'00"WESTE 1136.60 FEET TO THE POINT OF BEGINNING. EXCEPT THEREFROM THAT PORTION LYING NORTHEASTERLY OF THE LAND CONVEYED TO THE STATE OF CALIFORNIA FOR HIGHWAY PURPOSES RECORDED IN BOOK 426,PAGE 378 OF DEEDS,OFFICIAL RECORDS OF SAID ORANGE COUNTY,AND SUBSEQUENTLY RELIQUISHED TO THE CITY OF SEAL BEACH BY INSTRUMENT RECORDED IN BOOK 700, PAGE 260 OF OFFICIAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN STATIONS 49 AND 50 OF SAID RANCHO LOS ALAMITOS DISTANT NORTH 54°48'00"EAST 21127 FEET FROM SAID STATION 49;THENCE NORTH 43°56'00"WEST 202.36 FEET TO A LINE PARALLEL WITH AND DISTANT NORTHWESTERLY 200.00 FEET FROM SAID BOUNDARY LINE;THENCE NORTH 54° 48'00"EAST 80.94 FEET ALONG SAID PARALLEL LINE;THENCE SOUTH 43°56'00"EAST 202.36'FEET TO SAID BOUNDARY LINE;THENCE SOUTH 54°48'00"WEST 80.94 FEET ALONG SAID BOUNDARY LINE TO THE POINT OF BEGINNING. SAID LAND IS INCLUDED WITHIN THE AREA SHOWN AS PARCEL A IN LICENSE SURVEYORS MAP OF THE TIDELANDS EAST OF NAPLES FILED IN BOOK 2,PAGES 47 AND 48 • OF RECORD OF SURVEYS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE. LOT"F" THAT PORTION OF THE SOUTH HALF OF SECTION 11,TOWNSHIP 5 SOUTH,RANGE 12 WEST, INCLUDED WITHIN LOT C-1 OF THE RANCHO LOS ALAMITOS,IN THE CITY OF SEAL • BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAPS 1 AND 2 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF LOS ANGELES,CASE NO. 13527,A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14,PAGE 31 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY,DESCRIBED AS FOLLOWS: BEGINNING AT STATION 49 OF SAID RANCHO LOS ALAMITOS;THENCE NORTH 54°42'05" EAST 213.27 FEET ALONG THE WESTERLY BOUNDARY OF SAID RANCHO TO THE SOUTHWESTERLY LINE OF MARINA DRIVE,AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA,RECORDED IN BOOK 436,PAGE 107 OF DEEDS OF SAID ORANGE COUNTY; THENCE ALONG SAID SOUTHWESTERLY LINE SOUTH 44°02"EAST 33.50 FEET TO THE BEFINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 940 FEET; THENCE SOUTHEASTERLY 123.71 FEET ALONG SAID CURVE TO THE NORTHEASTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST STREET,AS SHOWN ON A MAP OF BAY CITY RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY;THENCE SOUTH 31°17'50"WEST 137.49 FEET ALONG SAID PROLONGATION TO THE SOUTHWESTERLY LINE OF SAID LOT C-1; THENCE NORTH 65°02' 10"WEST 240.00 FEET TO THE POINT OF BEGINNING. EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977 IN BOOK 12115,PAGE 201,OFFICIAL RECORDS. LOT"G" BLOCK"C"OF BAY CITY,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AND THAT PORTION OF LOT A- 2,IN THE RANCHO LOS ALAMITOS INCLUDED WITHIN SAID CITY OF SEAL BEACH,AS SHOWN ON MAP NO. 1 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY,CALIFRONIA,CASE NO. 13527,A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14,PAGE 31 OF DEEDS OF SAID ORANGE COUNTY,LYING WESTERLY OF SAID BOCK"C"AND LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID BLOCK"C". ALSO EXCEPT THAT PORTION THEREOF INCLUDED WITHIN TRACT 698,AS PER MAP RECORDED IN BOOK 31,PAGE 27 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCEPT THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977 IN BOOK 12155,PAGE 201,OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHEASTERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY LINE OF SAID BLOCK"C"OF BAY CITY,BEING 60.20' SOUTHERLY FROM THE MOST SOUTHERLY POINT OF THE LAND INCLUDED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977 IN BOOK 12115,PAGE 201,OF OFFICIAL RECORDS;THENCE NORTH 58°53'38"WEST,321.92 FEET;THENCE NORTH 76°07' 33"WEST,88.88 FEET;THENCE NORTH 16°24'59"EAST, 179.66 FEET;THENCE NORTH 13°52' 27"EAST,74.66 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK"C" DISTANT NORTH 65°00'00"WEST,238.07 FEET FROM STATION 49 OF THE RANCHO LOS ALAMITOS AS SHOWN ON SAID MAP OF BAY CITY. ALL AS SHOWN ON EXHIBIT"A"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. ���N�S�9 PREPARED BY: �� Q.�� V' C,9 G(n U40 S 0O 4/Z____ No. 5411 i* 34/'(/ hi Exp.91112 `Q" _'Y V.CASE,L.S.No.5411 �,• i /4.OF CPte • -r04.46 1 4-• 7:74 AC - EXHIBIT D: LEGAL DESCRIPTION OF OPEN SPACE AREA DWP Specific Plan Revised through June 2012 EXHIBIT D LEGAL DESCRIPTION "Proposed Open Space Area" • LOT"A" THAT PORTION BLOCK"B"OF BAY CITY,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE SOUTHEASTERLY LINE OF FIRST STREET AS SHOWN ON SAID MAP. EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY OF THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS DESCRIBED IN THE DEED TO SAID CITY RECORDED JANUARY 23, 1932 IN BOOK 536,PAGE 49 OF OFFICIAL RECORDS. • ALSO EXCEPT THAT PORTION THEREOF LYING SOUTHERLY AND SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHEASTERLY LINE OF FIRST STREET AND THE SOUTHWESTERLY LINE OF OCEAN AVENUE AS SAID STREETS ARE • SHOWN ON THE MAP OF SAID BAY CITY;THENCE ALONG THE SOUTHWESTERLY PROLONGATION OF SAID SOUTHEASTERLY LINE OF FIRST STRET 273.93 FEET TO THE TRUE POINT OF BEGINNING;THENCE NORTH 58°54'WEST 55.32 FEET;THENCE NORTH 22° 51'WEST 366.64 FEET;THENCE NORTH 24°31'EAST 78.78 FEET TO THE SOUTHWESTERLY LINE OF OCEAN BOULEVARD,AS SHOWN ON SAID MAP. LOT"B" THAT PORTION OF BLOCK`B"TOGETHER WITH THAT PORTION OF"OCEAN AVE."A STREET,IN THE BAY CITY TRACT,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE, STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY LYING WESTERLY OF THE SOUTHERLY PROLONGATION OF THE EASTERLY LINE OF BLOCK"C"OF SAID BAY CITY TRACT DESCRIBED AS FOLLOWS: BEGINNING AT THE POINT OF INTERSECTION OF THE SOUTHWESTERLY PROLONGATION OF THE NORTHWESTERLY LINE OF FIRST STREET,AS SHOWN ON SAID MAP,WITH THE NORTHEASTERLY LINE OF SAID BLOCK 13";;THENCE NORTH 31° 17'00"EAST 80.11 FEET ALONG SAID SOUTHWESTERLY PROLONGATION TO THE MOST SOUTHERLY CORNER OF SAID BLOCK"C";THENCE NORTH 55°41'30"WEST 317.56 FEET ALONG THE SOUTHWESTERLY LINE OF SAID BLOCK"C"TO THE EASTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 20,1933 IN BOOK 612,PAGE 317 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE,ALONG THE SEAL BEACH BOUNDARY AGREEMENT NO.2,RECORDED APRIL 8, 1968 IN BOOK 8565,PAGE 1 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY TO THE NORTHERLY TERMINUS OF THE AGREEMENT LINE BETWEEN THE STATE LANDS COMMISSION AND THE CITY OF SEAL BEACH AND THE CITY OF LOS ANGELES RECORDED • AUGUST 9, 1967 IN BOOK 8336 PAGE 954 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; THENCE SOUTH 24°31'00"WEST 60.00 FEET ALONG LAST SAID AGREEEMENT LINE TO THE SOUTHWESTERLY CORNER OF THE LAND DESCRIBED IN THE DEED TO THE CITY OF SEAL • BEACH RECORDED JANUARY 23,1932 IN BOOK 536,PAGE 49 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY;THENCE SOUTH 67°06'27"EAST 297.06 FEET ALONG THE SOUTHERLY LINE OF SAID LAND OF THE CITY OF SEAL BEACH,SAID SOUTHERLY LINE BEING THE SOUTHERLY LINE OF OCEAN AVENUE AS SET FORTH IN RESOLUTION NO. 197 BY THE TRUSTEES OF THE CITY OF SEAL BEACH AND RECORDED IN BOOK 536,PAGE 49 OF OFFICIAL RECORDS,TO THE POINT OF BEGINNING. . A PORTION OF SAID OCEAN AVENUE WAS VACATED UPON APPLICATION OF THE BAYSIDE LAND COMPANY AND ACTION OF THE TRUSTEES OF THE CITY OF SEAL BEACH RECORDED AUGUST 18, 1914 IN MINUTE BOOK 11 AT PAGE 51. LOT"C" BLOCK"C"OF BAY CITY,IN THE CITY OF SEAL BEACH,COUNTY OF ORANGE,STATE OF CALIFORNIA,AS PER MAP RECORDED IN BOOK 3,PAGE 19 OF MISCELLANEOUS MAPS,IN • THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,AND THAT PORTION OF LOT A- 2,IN THE RANCHO LOS ALAMITOS INCLUDED WITHIN SAID CITY OF SEAL BEACH,AS SHOWN ON MAP NO. 1 FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY,CALIFRONIA,CASE NO. 13527,A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14,PAGE 31 OF DEEDS OF SAID ORANGE COUNTY,LYING WESTERLY OF SAID BOCK"C"AND LYING NORTHERLY OF THE WESTERLY PROLONGATION OF THE SOUTHWESTERLY LINE OF SAID BLOCK"C". EXCEPT FROM THE ABOVE DESCRIBED PORTION OF SAID LOT A-2 THAT PORTION THEREOF LYING WESTERLY AND SOUTHERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT NORTH 65°00'00"WEST,330.00 FEET FROM STATION NO.49 OF THE PATENT BOUNDARY LINE OF THE RANCHO LOS ALAMITOS,BEING IN THE NORTHEASTERLY LINE OF SAID BLOCK"C"AND ON THE EASTERN SHORE OF THE INLET • FROM THE PACIFIC OCEAN TO ALAMITOS BAY;THENCE SOUTH 12°00'00"WEST,547.80 FEET;THENCE SOUTH 6°00'00"WEST,69.95 FEET;THENCE SOUTH 29°15'00"EAST,38.72 FEET TO THE POINT OF INTERSECTION WITH THE NORTHEASTERLY LINE OF OCEAN AVENUE,AS SHOWN ON AFORESAID MAP OF BAY CITY;THENCE SOUTH 55°43'00"EAST, ALONG SAID LINE OF OCEAN AVENUE 325.63 FEET TO THE SOUTHEASTERLY CORNER OF SAID BLOCK"C". ALSO EXCEPT THAT PORTION THEREOF LYING NORTHEASTERLY AND EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEASTERLY LINE OF SAID BLOCK"C"OF BAY CITY,BEING 60.20' SOUTHERLY FROM THE MOST SOUTHERLY POINT OF THE LAND INCLUDED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23, 1977 IN BOOK 12115,PAGE 201,OF OFFICIAL RECORDS;THENCE NORTH 58°53'38"WEST,321.92 FEET;THENCE NORTH 76°07' 33"WEST,88.88 FEET;THENCE NORTH 16°24'59"EAST, 179.66 FEET;THENCE NORTH 13°52' 27"EAST,74.66 FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID BLOCK"C" DISTANT NORTH 65°00'00"WEST,238.07 FEET FROM STATION 49 OF THE RANCHO LOS ALAMITOS AS SHOWN ON SAID MAP OF BAY CITY. ALL AS SHOWN ON EXHIBIT`B"ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF. O • PREPARED BY: /9,,,„,,ND 3URG .A er, s � � 3 7 No. 5411 �k f Sr V.CASE,L.S.No.5411 Exp.9130/12 . sjq�OF CA`\e_o , T o 4,A k, ( 412 ,A,C, . Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1S'St./Marina Dr. May 2, 2012 ATTACHMENT 4 TENTATIVE TRACT MAP NO. 17425 -15- OA c.., N . - g f — U. •4e3 al U d _ . ; 9 '9:[ii� Z c� QaB ti E 0 ~ y nmg — ilbirii4 344 9 @i 113!!!!!!ii! i!!!!!!!!!!!i!!!!!!!!!!!!!!!!!!!i!!!iliii!!liii! �PR te!7(kiayl 1! 4 :ki g Sao 9 l 1p4i1 p{Q41 @[ 9 27.1.:::::::::: i!5l B3S!!53!'s1li i li!!!!l11331i1113SiS$3e?§$li41i a1g.i 3F CCi0; 1 @9I i :49. : 9 9 i YeVIpY! sgAiP3 gl91 ' a`� i,, It ib�,lg�s �, 9 9 ii 49 , 9d ""! s4!! PIS 1° 9R g p i g C gggg g $ € p g€:. a! i i. si'@@align fill 1 I I �q!! 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R—7\ NI.. 1 ! z_ ---- / . / // //' r [ 1 r •., ■••*, 0 r l /›...„' F '> Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner I S'St./Marina Dr. May 2, 2012 ATTACHMENT 5 RECOMMENDED CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO. 17425 - CITY OF SEAL BEACH PUBLIC WORKS DEPARTMENT -16- PUBLIC WORKS STANDARD CONDITIONS OF APPROVAL FOR TENTATIVE SUBDIVISION MAPS 1. GENERAL 1.1 All minimum cash deposits established for work regarding the subdivision in accordance with the fee resolution must be paid at the time of submittal of applications. The deposits shall cover the actual cost including, but not limited to, review, plan check, administration, coordination and construction administration, inspection and engineering by City, private consulting firms and/or outside contractors. Additional deposits will be collected if initial deposits are insufficient to cover actual costs. Any excess deposits over minimum amount will be returned to the subdivider. 1.2 The subdivider shall submit plans and specifications of all public improvements including, but not limited to, public and private street rights- of-way, drainage easements, culverts, drainage structures and drainage channels, water lines, and sewer lines to the Department of Public Works and receive approval prior to placing the Final Map on the City Council agenda for approval and subsequent release of the Final Map by the Director of Public Works for recordation. In accordance with Section 66456.2 of the Subdivision Map Act, the City has 60 working days to act on any improvement submittal. Incomplete improvement plans will not be accepted and returned to the subdivider. 1.3 The City reserves the right to require the subdivider to provide easements for public utilities as needed. 1.4 Prior to the submittal of the Final Map, the subdivider shall provide Conditions, Covenants, and Restrictions (CC&R's) to the Department of Public Works for review, which shall be recorded subsequent to approval by the City. 1.5 The subdivider shall provide As-Built drawings of all improvements. 1.6 A reproducible mylar copy and print of the recorded map shall be submitted to the Department of Public Works at the time of recordation. 1.7 The engineer or surveyor preparing the final map shall comply with Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Manual, Subarticle 18 for the following item: tie the boundary map into the Horizontal Control system established by the County Surveyor. 1.8 Provide a digital-graphics file of said map to the County of Orange and the City of Seal Beach 1.9 Digital Submission Requirements for all maps and improvement plans shall follow City specifications. 1.10 If any claim, action, or proceeding (collectively "action") is instituted by a third party or parties challenging the validity of the Subdivision, Development, or related approvals, including the EIR and this subdivision, (collectively "project approvals"), Subdivider and City shall cooperate in defending any such action. The City shall notify Subdivider of any such action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Subdivider immediately upon receipt and notice thereof. Subdivider shall indemnify, hold harmless, and defend City and any of its officers, employees, or agents for any action by a third party or parties brought to challenge the Project Approvals; provided, however, that if the City fails to notify Subdivider of any action against City, or if City fails to cooperate in the defense, Subdivider shall not thereafter be responsible for City's defense. Subdivider shall reimburse all of City's defense costs including, without limitation, court costs, attorney's fees incurred by counsel selected by the City, and expert witness fees. Subdivider shall promptly pay all monetary awards, judgments, verdicts, court costs, and attorney's fees that may be awarded in such action. 2. STREETS 2.1 Street alignments and grades, including the change of any existing or proposed street alignment and grade, shall be as required by the City Engineer. 2.2 The exact depth of imported base material shall be based on soil tests which have been approved by the City Engineer. 2.3 All streets shall be designed to the criteria of the Department of Public Works and the Orange County Highway Design Manual. 2.4 If the improvement plans show a need to excavate in any public road right- of-way, the developer shall place a cash deposit or post bonds with the Department of Public Works to ensure that any damage to the existing roadway is repaired in a timely manner. 2.5 The subdivider shall construct, or agree to construct, the public improvements and private road improvements shown on the improvement plans as approved by the City Engineer. All proposed streets shall have sidewalk constructed the full length on both sides of the street including around all cul-de-sacs. 2.6 Streets shown on the Tentative Map are to be given street names approved by the Director of Community Development and the subdivider shall install all street name signs as part of the subdivision street improvements. If the subdivider desires site addresses for the lots created by the subdivision, the subdivider is to furnish a true scale Final Map to the Community Development Department. Said map is to show street names for all streets. 2.7 Revise the Map to show street and alley cross slopes of 2% on the typical cross sections. 2.8 Revise the Map to indicate ownership of the Private Drive. 2.9 Revise the Plan to show and include the realignment, striping, and traffic signal modifications needed to mitigate all impacts from future street vacation through the intersection at Marina Drive 2.9.1 Revise the Maps to show the existing lot line crossing through Lots 46, 47, 48, and 'A' street dashed with a note: "Lot line to be removed by Lot Line Adjustment." Note that the Lot Line Adjustment is required and must be recorded prior to approval and recording of the Final Map 17425. Per the City's Ordinance 10.35.005 C.1.b, an existing structure and encroachment of the proposed lots onto an existing Los Angeles County Flood Control Easement shall be labeled on the map. 2.10 Subdivider shall provide evidence that all utility companies or agencies have been notified of the proposed construction and that all utility companies can provide the required services. 2.11 Subdivider shall provide evidence, in a format approved by the City, of Utility Notice showing that all utility providers with recorded easements on the property have been informed of the eminent construction activities. 2.12 Subdivider shall provide evidence, in a format to be approved by the City, of Utility Notice showing that cable television providers have been informed of the eminent construction activities and noting that their facilities may be disrupted. 3. GRADING 3.1 Prior to approval of the grading plan, the subdivider shall comply with the following: 3.1.1 A Grading Plan, prepared by a Licensed Civil Engineer, shall be submitted to the Public Works Department for review and approval. Final Grades and elevations on the grading plan shall be in substantial compliance with the grades and elevations on the approved Tentative Map as determined by the City Engineer. 3.1.2 A detailed soils analysis shall be prepared by a registered Soils Engineer. This analysis shall include on-site soil sampling and laboratory testing of materials to provide detailed recommendations for grading, chemical and fill properties, retaining walls, streets, and utilities. 3.2 A grading permit is required and the subdivider shall comply with all federal, state, county, and city requirements prior to the issuance of such permit. 3.3 Additional studies, as deemed necessary by the City Engineer, shall be performed to determine native elevations and evaluate the extent compressibility of the soils for structural design purposes. These studies shall be reviewed and approved by all appropriate departments at the City of Seal Beach. 4. DRAINAGE, FLOOD CONTROL, & STORMWATER POLLUTION 4.1 Prior to submittal of drainage improvement plans, the subdivider shall submit for approval by the City Engineer a Master Plan for Drainage for the subdivision. 4.2 The subdivider shall provide for a drainage system capable of handling and disposing of all surface water originating within the subdivision and all surface water that may flow onto the subdivision from adjacent lands. Said drainage system shall include any easements and structures required by the Department of Public Works to properly handle the drainage, and shall be designed so as to prevent ponding of surface water that would create a public health hazard or nuisance. Said drainage system shall be designed in accordance with the latest edition of the Orange County Local Drainage Manual. 4.2.1 The minimum public storm drain pipe size shall be 18-inch diameter reinforced concrete pipe (RCP). 4.3 The subdivider shall provide for the improvement of all drainage easements by culvert or drainage channel of adequate size, whichever is required by the City Engineer. Any required drainage channel shall be lined with the suitable material as specified by the City Engineer. An access easement shall be provided to each drainage system maintenance access point not directly accessible from a public roadway. Such access easement is to be improved, fenced, and aligned to the satisfaction of the City Engineer. 4.4 Revise the plan to remove the storm drain extending southwesterly and westerly across the proposed southwest property line of the Tract and the "Proposed City Open Space" draining into the San Gabriel River. All storm drains are to follow the City adopted 2008 Storm Drain Master Plan Update to accommodate the 25-year storm protection level. Private improvements shall not extend onto future City open space. 4.5 A preliminary drainage study is required, including hydrology, flood routing, and hydraulics for the Tract storm water drainage for both pre- development and post-development conditions for the 25-year storm. Study shall include storm drain calculations and detention basin calculations showing that the storm drain sizes of the detention basins are adequate, along with showing the 100-year storm flood elevation and overflow path. Note that existing storm drain on Marina Drive is at capacity and cannot accommodate any additional flow. 4.6 All Storm drains on private property shall be private and shall be maintained by the Property Owners Association as part of the CC&R's. 4.7 Hydrology and hydraulic calculations for determining the storm system design, with water surface profile and adequate field survey cross section data, shall be provided to the satisfaction of the City Engineer, or verification shall be provided that such calculations are not needed as approved by the City Engineer. 4.8 Stormwater/NPDES requirements for City Local Implementation Plan (LIP) 4.8.1 Prior to recordation of the subdivision Final Map and if determined applicable by the City Engineer, the subdivider shall submit to the City for review and approval a Water Quality Management Plan (WQMP) that: 4.8.1.1 Prior to grading or building permit close-out and/or the issuance of a certificate of use or occupancy, the subdivider shall: 4.8.1.1.1 Demonstrate that all structural best management practices (BMP's) described in the Project WQMP have been constructed and installed in conformance with approved plans and specifications. 4.8.1.1.2 Demonstrate that subdivider is prepared to implement all non-structural BMP's described in the Project WQMP. 4.8.1.1.3 Demonstrate that an adequate number of copies of the approved Project WQMP are available onsite. 4.8.1.1.4 Submit for review and approval by the City an Operations and Maintenance (O&M) Plan for all structural BMP's 4.9 During the construction phase, the subdivider shall comply with the following requirements: 4.9.1 All construction materials, wastes, grading or demolition debris, and stockpiles of soil, aggregates, soil amendments, etc. shall be properly covered, stored, and secured to prevent transport into coastal waters by wind, rain, tracking, tidal erosion, or dispersion. 4.9.2 Grading and Drainage plans shall be prepared with the following design objectives: 4.9.2.1 All surface runoff and subsurface drainage shall be directed to the nearest acceptable drainage facility, via sump pumps if necessary, as determined by the Building Official. 4.9.2.2 Onsite surface drainage and subdrain systems shall not discharge over a bluff top or hilltop. 4.9.2.3 All roof drains shall be required to connect into a tight-line drainage pipe or concrete swales that drain to the nearest acceptable drainage facility as determined by the Building Official. 4.9.2.4 Landscaping plants shall utilize non-invasive, drought tolerant landscape materials. 4.9.2.5 Irrigation plans shall not include irrigation lines for the bluff- side of the parcel. 4.10 The Project WQMP continues with the property after the completion of the construction phase and the City may require that the terms, conditions, and requirements be recorded with the County Recorder's office by the property owner or any successive owner as authorized by the Water Quality Ordinance. The end of the construction phase therefore represents a transition from the New Development/Significant Redevelopment program to the Existing Development Program. Accompanying this is a close out of permits and issuance of certificates of use and occupancy. The City will use this juncture to assure satisfactory completion of all requirements in the Project WQMP. 4.11 If a property owner or a private entity, such as a Homeowner's Association (HOA), retains or assumes responsibility for operation and maintenance of Structural BMP's, the City shall require access for inspection through an agreement. If the City will be responsible for operating and maintaining Structural BMP's on private property, an easement shall be established to allow for entry and proper management of the BMP's. Such access easements shall be binding throughout the life of the project, or until the BMP's requiring access are acceptably replaced with a BMP or BMP's not requiring access. Funding for the long-term operation and maintenance of structural BMP's will be front-funded, or otherwise guaranteed via mechanisms such as approved assessment districts, or other funding mechanisms. 5. SEWER 5.1 An updated sewer master plan shall be prepared and submitted for Public Works review and approval. The subdivider shall design and construct the sanitary sewer system required to serve the development, including any offsite improvements necessary to accommodate an increased flow associated with the subdivision either in its entirety or by individual phasing. 5.2 All improvement plans for sewer shall be in conformance with the design standards and criteria of the Department of Public Works. 5.3 The developer shall establish and initiate a financing mechanism for the maintenance operations and replacement of any private or public sewer lift stations and force mains required by the project. 5.4 Subdivider shall provide evidence of approval from the Orange County Sanitation District that sewer conveyance and treatment capacity is available. 6. WATER 6.1 An updated water master plan shall be prepared and submitted for Public Works review and approval. The subdivider shall design and construct the water distribution system required to serve the development including any offsite improvements necessary to accommodate an increased flow associated with the subdivision, either in its entirety or by individual phasing. 6.2 All improvement plans for water shall be in conformance with the design standards and criteria of the Department of Public Works. 6.3 The project shall incorporate the City's adopted Best Management Practices for urban water conservation and the subdivider shall utilize them in their design of the subdivision. 7. FINAL MAP RECORDATION 7.1 The Final Map shall show the dedication of all onsite drainage easements, including easements for access thereto, and show monumentation for such easements as required by the City Engineer, or verify that no easements are required. 7.2 The subdivider shall accomplish the following, prior to approval of the Final Map by the City Council: 7.2.1 Prior to recordation of the Final Tract Map, the subdivider shall submit to the City, for review and comment, a schedule of development plan. 7.2.2 Prior to recordation of the Final Tract Map, the subdivider shall enter into a subdivision agreement with the City and shall post security and insurance with the City to guarantee construction of all public and private improvements required for the subdivision/development. 7.2.3 Provide the Department of Public Works with a certification from each public utility and each public entity owning easements within the proposed subdivision stating that: (a) they have received, from the developer, a copy of the proposed map; (b) they object or do not object to the filing of the map without their signature; (c) in case of a street dedication affected by their existing easement, they will sign a "subordination certificate" or "joint-use certificate" on the map when required by the governing body. In addition, the subdivider shall furnish proof, to the satisfaction of the City Engineer, that no new encumbrances have been created that would subordinate the City's interest over areas to be dedicated for public road purposes since submittal of the Tentative Map. 7.2.4 Provide the Department of Public Works with evidence that any offer of dedication or grant of right-of-way shall be free of all encumbrances or subordinated at the time of recordation of the Final Map. 7.2.5 If the subdivider does not have the real property rights necessary for public access, or the construction of required improvements, he/she shall request the City Council to direct City staff to begin eminent domain proceedings for acquisition of said property rights. The developer shall agree to pay full City costs of eminent domain proceedings, including all easement costs. The developer shall also agree to construct required improvements within said easement. 7.2.6 Pay off all existing deficit accounts associated with processing this application, to the satisfaction of the Director of Finance Services, prior to placing the Final Map on City Council agenda for approval. 7.3 Any structure that crosses any property line on the tentative map shall be demolished prior to final map approval. The subdivider shall obtain all required building/demolition permits prior to any such demolition and comply with any and all conditions of such permits. Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1'"St./Marina Dr. May 2, 2012 ATTACHMENT 6 DRAFT DEVELOPMENT AGREEMENT -17- RECORDING REQUESTED BY AND WHEN RECORDED MAIL TO: City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Attn: City Clerk Exempt from recording fees pursuant to Govt. Code Section 27383 (Space above for recorder's use) DEVELOPMENT AGREEMENT Between , ._ RPOggr: y�y'a %o ice; • B 2 ■ch j- `,PANTY. City of Seal Beach 211 - 8th Street Seal Beach, CA 90740 Bay City Partners, LLC 299 Westminster Avenue, Suite 211 Seal Beach, CA 90740 THIS DEVELOPMENT AGREEMENT (the "Agreement") is entered into as of June _, 2012, by and between Bay City Partners, LLC, a California limited liability company (hereinafter "Developer"), and the City of Seal Beach, a California charter city (hereinafter "City"), pursuant to the authority of the Seal Beach Municipal Code, California Government Code Sections 65864 through 65869.5 (collectively "Development Agreement Legislation") and Article XI, Section 2 of the California Constitution. Developer and City are sometimes individually referred to in this Agreement as a"Party" and collectively as the "Parties." -1- RECITALS A. Seal Beach Municipal Code Chapter 11.5.15 and Government Code Sections 65864 through 65869.5 authorize the City to enter into agreements with persons having an interest in real property for the comprehensive development of such property for the purposes of: 1. Ensuring high quality development in accordance with comprehensive plans; 2. Reducing uncertainty in the development approval process that might otherwise result in a waste of resources, discourage investment, and escalate the cost of development to the consumer; and 3. Assuring owners of land that upon approval, they may proceed with their projects in accordance with defined policies, rules, regulations, and conditions of approval and reducing the economic costs of such development on City services. B. Developer is the developer of approximately 10.9 acres of land located south of Marina Drive and west of 1st Street within the City of Seal Beach, County of Orange, State of California described with more particularity in Exhibit"A" ("Property"). C. The Developer has proposed a 48-residential lot subdivision ("Proposed Residential Project") on the northerly portion of the Property and, concurrently with issuance of a coastal development permit, will convey 6.4 acres of open space to the City (the"Project"). D. The Project, including Ordinance and this Agreement, has been environmentally reviewed pursuant to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq. ("CEQA") and the State CEQA Guidelines (California Code of Regulations, Title 14, Section 15000, et seq.), and the City Council has certified an Environmental Impact Report on June , 2012. E. On May 2, 2012, the Planning Commission held a public hearing to consider the Project and this Agreement. G. On June , 2012, after a duly noticed public hearing, the City Council introduced the following ordinances and adopted the following resolutions approving certain entitlements for the Project (the "Project Approvals"): (1) Resolution No. approving General Plan Amendment 11-1; (2) introduced Ordinance No. approving DWP Specific Plan Amendment 11-1; (3) introduced Ordinance No. approving Zoning Map Amendment 11-1; and (4) Resolution No. approving Tentative Tract Map 17425 ("TTM 17425"). The City Council held the second reading and adopted Ordinance No. and Ordinance No. approving DWP Specific Plan Amendment 11-1 and Zoning Map Amendment 11-1, respectively, on June , 2012; E-1 H. On , following a duly noticed public hearing, the City Council introduced Ordinance No. regarding this Agreement and on held the second reading and adopted Ordinance No. approving this Agreement, a copy of which is on file in the City Clerk's Office at the City, which ordinance includes the findings pertaining thereto, including those relating to the CEQA documentation for the Project and this Agreement's consistency with the City's General Plan and each element thereof and any specific plans relating to the Property. I. The Project implements the goals and policies of the City's General Plan, as amended by General Plan Amendment 11-1, and contributes to the balanced and diversified land uses of the City in order to maintain the overall quality of life and of the environment within the City and to impose appropriate standards and requirements with respect to land development and usage. J. City has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of City and its residents and that adopting this Agreement constitutes a proper exercise of its police power. NOW THEREFORE, THE PARTIES AGREE AS FOLLOWS: 1. Definitions. 1.1 "Agreement": this Development Agreement. 1.2 "City": the City of Seal Beach, California. 1.3 "Coastal Commission": the California Coastal Commission. 1.4 "CDP": a coastal development permit issued by the Coastal Commission. 1.5 "Developer": Bay City Partners LLC, and its assignees or successors in interest to all or any part of Developer's interest in the Property. 1.6 "Director": City's Director of Community Development. 1.7 "Public Improvements": improvements required by the City pursuant to any condition of approval of TTM 17425 and improvements required pursuant to the Mitigation Monitoring and Reporting Program adopted for the Project. 1.8 "Open Space": the portion of the Property, southerly of the Proposed Residential Project, described in Exhibit"D." 1.9 "Project": the development attached hereto as Exhibit`B." 1.10 "Property": the real property described in Exhibit"A." 1.11 "Proposed Residential Project": the portion of the property, northerly of the Open Space portion, shown on Exhibit`B" and described in Exhibit C. E-1 1.12 "Settlement": that certain agreement entered into between Developer and City effective March 16, 2011, to settle an eminent domain action filed by the City to acquire a portion of the Property and an action filed by Developer challenging the adequacy of the CEQA review of a City project subject to the terms and conditions stated therein. 1.13 "Specific Plan": The DWP Specific Plan, as amended June --, 2012. 2. Mutual Benefits. This Agreement is entered into for the purpose of carrying out the Project in a manner that will insure certain anticipated benefits to City, residents of and visitors to the City and Developer. City and Developer agree that certain assurances on the part of each Party will be necessary to achieve the desired benefits. 2.1 Benefits to City. The benefits to City (including City residents and visitors) under this Agreement include, without limitation, development of needed residential housing, preservation of open space and implementation of the mitigation measures required by the EIR. 2.2 Benefits to Developer. Developer has expended and will continue to expend substantial amounts of time and money on the planning and development of the Project. In addition, Developer will expend substantial amounts of time and money in contributing to the payment for the mitigation of the public service impacts in connection with the Project. Developer would not make such additional expenditures without the rights conferred by this Agreement and such additional expenditures will be made in reliance upon this Agreement. 3. General Provisions. 3.1 Binding Covenants. The provisions of this Agreement, to the extent permitted by law, constitute covenants that shall run with the Property for the benefit thereof, and the benefits and burdens of this Agreement shall bind and inure to the benefit of the Parties and all successors in interest to the Parties hereto. 3.2 Effective Date. The effective date of this Agreement is the date the City Manager executes the Development Agreement on behalf of the City pursuant to Seal Beach Municipal Code Section 11.5.15.035 G. 3.3 Term. This Agreement shall become effective on the Effective Date, and shall expire on the 10`h anniversary of the date the Coastal Commission issues a CDP for the Project. 3.4 Termination. This Agreement may be terminated by either Party upon notice to the other upon the occurrence of any of the following events: (1) if termination occurs pursuant to any specific provision of this Agreement; or (2) entry after all appeals have been exhausted of a final judgment or issuance of a final order directed to the City as a result of any lawsuit filed against the City to set aside, withdraw, or abrogate the approval of the City Council of this Agreement or any part of the Project. E-1 3.5 Transfers and Assignments. 3.5.1 Transfers. Developer shall not sell, assign, or otherwise transfer all or any portion of its interests in the Property together with all its right, title and interest in this Agreement to any transferee ("Transferee") except as provided in this paragraph. Developer shall notify the City within 20 days prior to the transfer of the name of the Transferee the corresponding entitlements being transferred to such Transferee, and the agreement between Developer and Transferee pertaining to such transfer, which agreement shall provide that the Transferee shall be liable for the performance of those obligations of Developer under this Agreement that relate to the transferred property, including the design and construction of and the maintenance of replacement bonds for public improvements. City shall release Developer from all obligations under this Agreement as to any portion of the Property transferred in accordance with this paragraph. 3.5.2 Rights and Duties of Successors and Assigns. Any, each, and all successors and assigns of Developer shall have all of the same rights, benefits, duties, and obligations of Developer under this Agreement. 3.6 Amendment of Development Agreement. 3.6.1 Amendment or Cancellation of Agreement. The procedures for enforcement, amendment, modification, cancellation or termination of a development agreement specified in Seal Beach Municipal Code Section 11.5.15.035 F and in California Government Code Section 65865.4 or any successor statute, are non-exclusive. This Agreement may be enforced, amended, modified, canceled or terminated by any manner otherwise provided by law or by the provisions of this Agreement. This provision shall not limit the City's or Developer's remedies as otherwise provided in this Agreement. 3.6.2 Operating Memoranda. The Parties desire to retain flexibility with respect to those items covered in general terms under this Agreement. If and when the Parties mutually find that changes, adjustments, or clarifications are appropriate to further the intended purposes of this Agreement, they may, unless otherwise required by law, effectuate such changes, adjustments, or clarifications without amendment to this Agreement through one or more operating memoranda mutually approved by the Parties, which shall be attached hereto as addenda and become a part hereof after execution and may be further changed and amended from time to time as necessary, with further approval on behalf of the City by the City Manager, or such person designated in writing by the City Manager, and by any corporate officer or other person designated for such purpose in a writing signed by a corporate officer on behalf of Developer. Unless otherwise required by law or by this Agreement, no such changes, adjustments, or clarifications shall require prior notice or hearing, public or otherwise. 3.7 Amendments to Project Approvals. It is contemplated by City and Developer that Developer may, from time to time, seek amendments to one or more of the Project Approvals. Any such amendments are contemplated by City and Developer as being within the scope of this Agreement as long as they are consistent with the Applicable Regulations as herein defined and shall, upon approval by City, continue to constitute the Project E-1 Approvals as referenced herein. The Parties agree that any such amendments shall not constitute an amendment to this Agreement nor require an amendment to this Agreement. 4. Development of the Property. 4.1 Development and Control of Development. 4.1.1 Control of Development. While this Agreement is in effect, Developer shall have the vested right to develop the Property pursuant to and in accordance with the Applicable Regulations, including, without limitation, specific uses, densities, and types of development provided for in the Applicable Regulations, and the City shall have the right to control the development in accordance with the terms and conditions of this Agreement, the Project Approvals and all Applicable Regulations. Except as otherwise specified in the Project Approvals or this Agreement, the Applicable Regulations shall control the design and development, future development approvals and all Public Improvements and appurtenances in connection therewith. The Applicable Regulations are only those written rules, policies, ordinances, and resolutions described in Section 4.1.2. below. Developer and City shall use reasonable efforts to compile the Applicable Regulations in a permanent written form, which shall be kept on file in the Office of the City Clerk with a copy to each Party. 4.1.2 Applicable Regulations. The regulations applicable to the development of the Property shall consist of the following, which shall be considered the "Applicable Regulations": 4.1.2.1 General Development Regulations. Except as otherwise specified in this Agreement, the ordinances, resolutions, rules, regulations and official policies governing the permitted uses of the Property, including but not limited to the permitted density and intensity of use, provisions for reservation or dedication of land for public purposes, and the design, improvement, and construction standards and specifications applicable to development of the Property shall be those ordinances, resolutions, rules, regulations, and the official policies as they exist on the Effective Date. 4.1.2.2 Development/Application/Processing Fees. Developer shall pay the application and processing fees customarily imposed on the type of entitlement and/or permit sought at the rate, and in the amount, imposed by City pursuant to the fee schedule, resolution or ordinance in effect at the time the application is deemed complete and accepted by City for action, which fees are designed to reimburse City's expenses attributable to processing such applications for entitlements, permits, or both. Except as provided in this Agreement, City shall not, without the prior written consent of Developer, impose or increase any fees applicable to the use of the Property or any portion thereof, or impose any such fees as a condition to the implementation of the Project or any portion thereof, except those fees set forth in this Agreement or otherwise in effect on the Effective Date of this Agreement. 4.1.2.3 Uniform Building Codes. Development of the Property shall be subject to such uniform building codes and fire codes as may be adopted by the City, in effect as of the date the building plans are submitted to the City for plan check and approval of the building permit. E-1 4.1.2.4 Future Approvals. In connection with any future development approval or action that the City has the right to make under this Agreement relating to the Project,the City shall exercise its discretion or take action in a manner that complies and is consistent with this Agreement and such other standards, terms, and conditions contained in this Agreement. Upon City's granting any future development approval, such future development approval shall become part of the Project Approvals. 4.2 Reserved Authority. In the event that State or Federal laws or regulations prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such State or Federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. Notwithstanding the foregoing, the City shall not adopt or undertake any regulation, program or action, or fail to take any action that is inconsistent or in conflict with this Agreement until the City makes a finding that such regulation, program, action or inaction is required to comply with such State and Federal laws or regulations after taking into consideration all reasonable alternatives. 4.3 No Conflicting Enactments. Except as otherwise provided by this Agreement, the City shall not enact any rule, regulation, ordinance or other measure applicable to the Property that is inconsistent or conflicts with the terms of this Agreement. 4.3.1 Moratorium. No moratorium, or other limitation affecting subdivision maps, site development permits, site development plans, building permits, occupancy certificates, or other entitlements to use shall apply to the Project to the extent such moratorium or other limitation would restrict Developer's right to develop the Property as provided by this Agreement. The City agrees to reasonably cooperate with Developer in order to keep this Agreement in full force and effect. 4.3.2 Consistency between this Agreement and Current Laws. The City represents that at the Effective Date there are no rules, regulations, ordinances, policies, or other measures of the City in force that would interfere with the development and use of all or any part of the Property according this Agreement. In the event of any inconsistency between any Applicable Regulation, Project Approval, and this Agreement, the provisions of this Agreement shall control. 4.4 Public Improvements. Developer shall provide for the installation of all Public Improvements required by the City pursuant to any condition of approval of TTM 17425 and Public Improvements required pursuant to the Mitigation Monitoring and Reporting Program adopted for the Project. 4.5 Settlement. 4.5.1 As part of the Settlement, the City agreed to process in good faith an application for the "Proposed Residential Project" as defined in the Settlement. In the event the project approved by the City (and attached hereto as Exhibit`B") differs from the "Proposed E-1 Residential Project" attached to the Settlement as Exhibit C-2, Exhibit B to this Agreement supersedes such Exhibit C-2 thereto, and a copy of Exhibit B hereto shall be attached to the Settlement to replace Exhibit C-2 thereto. 4.5.2 In the event the Coastal Commission issues a CDP for the Project: 4.5.2.1 The City shall pay the amount of One Million One Hundred Thousand Dollars ($1,100,000) to Developer pursuant to a purchase and sale agreement for the "Open Space" including the Driveway Parcel and the Bike Trail Parcel described in Exhibit"D" attached hereto. 4.5.2.2 The City will convey by quitclaim deed to Developer fee simple title to approximately 7,000 square feet of land that the City owns adjacent to the corner of Marina Drive and First Street shown on and legally described in Exhibit"E" attached hereto. 4.5.3 Unless modified by this Agreement, the terms and provisions of the Settlement shall remain in full force and effect and shall be binding on the Parties. 5. Indemnification and Legal Challenge. 5.1 Indemnification. Pursuant to Section 11.5.15.035 of the Seal Beach Municipal Code, Developer shall defend, indemnify and hold the City harmless against all claims arising out of or in any way related to the application, the Agreement and the Project including all legal fees and costs incurred by the City by counsel of the City's choice. 5.2 Legal Challenge. In the event of any legal action challenging the validity, applicability, or interpretation of any provision of this Agreement, adequacy of the EIR or CEQA review of the Project, any of the entitlement documents pertaining to the Project including, without limitation, the City's General Plan, Specific Plan, Zoning Ordinance, or any other supporting document relating to the project, the Developer shall indemnify, defend, and hold harmless the City, its elected officials, officers, employees, volunteers, agents, and those City agents serving as independent contractors in the role of City officials (collectively "Indemnitees") from and against all liability, costs, and expenses, including attorneys' fees, incurred by City or awarded against City in relation to such action. The City shall have the right to select counsel of its choice. The Parties hereby agree to cooperate in defending such action. In the event of any litigation challenging the effectiveness of this Agreement, or any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate review, is pending, unless otherwise ordered by the court. Absent issuance of an injunction, Developer may elect to continue development under this Agreement pending completion of the litigation but it shall do so at its sole risk, and City shall not be liable for any loss suffered as a result thereof. 6. Venue. Any legal action shall be brought in the Superior Court for Orange County, California. 7. Periodic Review of Compliance with Agreement. This Agreement shall be reviewed annually pursuant to Seal Beach Municipal Code Section 11.5.15.035 I. The review date shall be the anniversary of the Effective Date. E-1 8. Default. 8.1 Defaults by Developer. If City determines that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within 60 days after City's delivery of such notice, Developer does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and City may terminate this Agreement, seek specific performance, or invoke any other remedies afforded by law. 8.2 Defaults by City. If Developer determines that the City has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to the City, specify the manner in which the City has failed to so comply and state the steps the City must take to bring itself into compliance. If, within 60 days after Developer's delivery of such notice, the City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then the City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement, seek specific performance, or invoke any other remedies afforded by law except as limited by Section 17. 9. Waivers and Delays. 9.1 Waiver. Failure by a Party to insist upon the strict performance of any of the provisions of this Agreement by the other Party, and failure by a Party to exercise its rights upon a default by the other Party hereto, shall not constitute a waiver of such Party's right to demand strict compliance by such other Party in the future. 9.2 Force Majeure. Neither Party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earthquakes, other Acts of God, fires, wars, riots or similar hostilities, strikes, other labor difficulties, federal or state government regulations, court actions, or other causes beyond the Party's control. 9.3 Extensions. The Term of this Agreement and the time for performance by Developer or the City of any of its obligations hereunder shall be extended by the period of time that any of the events described in Section 9.2 prevents performance of such obligations. In addition, the Term shall be extended for delays arising from the following events for a time equal to the duration of each delay occurring during the Term. 9.3.1 Litigation. The period of time after the Effective Date during which litigation related to this Agreement or having the actual effect of delaying implementation of the development of the Property is pending, including litigation pending on the Effective Date. This period shall include any time during which appeals may be filed or are pending. 9.3.2 Government Agencies. Any delay resulting from the acts or omissions of the City or any other governmental agency or public utility and beyond the E-1 reasonable control of Developer except those related to the normal and customary processing of future development approvals. 10. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person or deposited in the United States mail, postage prepaid and addressed to the addresses on page 1 of this Agreement. Either Party may change the address stated therein by giving notice, in writing, to the other Party. Thereafter, notices shall be addressed and submitted to the new address. Notices shall be deemed received upon personal delivery or upon the third day following deposit in the U. S. mail in the manner set forth above. 11. Attorneys' Fees. If legal action is brought by any Party against another for breach of this Agreement, or to compel performance under this Agreement, the prevailing Party shall be entitled to an award of reasonable attorneys' fees and costs incurred in connection with such action. 12. Project as a Private Undertaking. It is specifically understood and agreed by and between the Parties hereto that the development of the Project is a private development, that neither Party is acting as the agent of the other in any respect hereunder, and that each Party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership,joint venture or other association of any kind is formed by this Agreement. The only relationship between City, on one hand, and Developer, on the other, is that of a government entity regulating the development of private property. 13. Authority to Execute. Each person executing this Agreement on behalf of Developer warrants and represents that each has the authority to execute this Agreement on behalf of the Developer and to bind Developer to the performance of its respective obligations hereunder. 14. Severability of Terms. If any term or provision of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 15. Subsequent Amendment to Authorizing Statute. This Agreement has been entered into in reliance upon the provisions of the Development Agreement Legislation as of the Agreement Effective Date. Accordingly, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868. 16. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with California laws. The Parties understand and agree that this Agreement is not intended to constitute, nor shall be construed to constitute, an impermissible attempt to contract away the legislative and governmental functions of the City, and in particular, the City's police powers. In this regard, the Parties understand and agree that this Agreement shall not be deemed to constitute the surrender or abnegation of the City's governmental powers over the Property. E-1 17. Legal Remedies. 17.1 Specific Performance Remedy. The City and Developer acknowledge that, if Developer fails to carry out its obligations under this Agreement, the City shall have the right to refuse to issue any permits or other approvals that Developer would otherwise have been entitled to pursuant to this Agreement. Therefore, the City's remedy of denying issuance of permits or terminating this Agreement shall be sufficient in most circumstances if Developer fails to carry out its obligations hereunder. Notwithstanding the foregoing, if the City issues a permit or other approval pursuant to this Agreement in reliance (explicitly stated in writing) upon a specified condition being satisfied by Developer in the future, and if Developer then fails to satisfy such condition, the City shall be entitled to specific performance for the sole purpose of causing Developer to satisfy such condition. The City's right to specific performance shall be limited to those circumstances set forth above, and the City shall have no right to seek specific performance to cause Developer to otherwise proceed with the development of the Project in any manner. 17.2 City not Liable for Damages. It is acknowledged by the Parties that City would not have entered into this Agreement if it were to be liable in damages under or with respect to this Agreement or the application thereof. Consequently, and except for the payment of attorneys' fees in accordance with Section 11 above, City shall not be liable in damages to Developer or to any assignee, transferee or any other person, and Developer covenants on behalf of itself and its successors in interest not to sue for or claim any damages: (a) for any breach of, or which arises out of, this Agreement; (b) for the taking, impairment or restriction of any right or interest conveyed or provided hereunder or pursuant hereto; or (c) arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. 17.3 Breach by Action of the Electorate. The Parties hereby warrant that each enters into this Agreement with the understanding that if the City defaults on its obligations under the Agreement due to an action taken by the electorate of the City in the exercise of the reserved powers of initiative and referendum, this Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Developer's right to seek specific performance, a writ of mandate, or other mandatory relief shall be limited by such force as the action taken by the electorate may have in light of state law as determined by any court of competent jurisdiction, in which case Developer's principal remedy shall lie in reformation of this Agreement. 18. Estoppel Certificates. 18.1 Written Request. At any time, Developer may request in writing an estoppel certificate ("Estoppel Certificate") stating: (1) this Agreement is in full force and effect and is a binding obligation of the Parties; (2) this Agreement has not been amended or modified either orally or in writing or, if so amended, identifying the amendments; and (3) no default in E-1 the performance of the Developer's obligations under this Agreement exists or, if a default does exist, the nature and amount of any default. 18.2 45 Days to Respond. City shall provide a signed Estoppel Certificate to Developer within 45 days after receipt of the request. 18.3 Authorized Signatories. The City Manager or any person designated by the City Manager may sign the Estoppel Certificate on behalf of the City. 18.4 Reliance. An Estoppel Certificate may be relied on by assignees and mortgagees. 18.5 Reimbursement. Developer shall reimburse City for all costs and fees incurred by City in connection with responding to the request. 18.6 Failure to Provide Estoppel Certificate. Failure by the City to provide an Estoppel Certificate within 45 days after receipt of the request shall be deemed confirmation that this Agreement is in full force and effect, has not been amended or modified either orally or in writing and that Developer is not in default in its obligations under this Agreement at the time of the request. 19. Local, State and Federal Laws. Developer, its assigns and its contractors shall carry out the design and construction of all private improvements on the Property and all Public Improvements in conformity with all applicable laws, including, without limitation, all applicable federal, state and local occupation, employment, prevailing wage, safety and health laws, rules, regulations and standards. Developer agrees to indemnify, defend and hold the Indemnitees (as defined in Section 5.2) harmless from and against any cost, expense, claim, charge or liability relating to or arising directly or indirectly from any breach by or failure of Developer or its contractor(s) or agents to comply with such laws, rules or regulations. Developer's indemnity obligations set forth in this Section shall survive the termination or expiration of this Agreement. 20. Rules of Construction and Miscellaneous Terms. 20.1 Time of Essence. Time is of the essence regarding each provision of this Agreement of which time is an element. 20.2 Entire Agreement. This Agreement constitutes the entire agreement between the Parties with respect to the subject matter hereof, and this Agreement supersedes all previous negotiations, discussion and agreements between the Parties, and no parol evidence of any prior or other agreement shall be permitted to contradict or vary the terms hereof. 20.3 Not for Benefit of Third Parties. This Agreement and all provisions hereof are for the exclusive benefit of the City and Developer and its Transferees and shall not be construed to benefit or be enforceable by any third party. E-1 20.4 Counterparts. This Agreement may be executed in any number of counterparts, and each of such counterparts for all purposes shall be deemed to be an original, and all of such counterparts shall constitute one and the same agreement. 20.5 Exhibits. The following Exhibits are attached to this Agreement and incorporated herein as though set forth in full: Exhibit A— Legal Description of the Property Exhibit B— Map of the Project Exhibit C— Legal Description of Residential Portion Exhibit D— Legal Description of Open Space Exhibit E— Legal Description of City Property at Marina Drive and First Street IN WITNESS WHEREOF, the Parties hereto, through their respective authorized representatives have executed this Agreement as of the date and year first above written. CITY OF SEAL BEACH BAY CITY PARTNERS, LLC By: By: Mayor Michael P. Levitt Name: Its: ATTEST: By: Name: By: Its: Linda Devine, City Clerk APPROVED AS TO FORM: By: Quinn Barrow, City Attorney All signatures for Bay City Partners, LLC to be acknowledged by a Public Notary E-1 STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public STATE OF CALIFORNIA ) ) ss COUNTY OF ORANGE ) On , before me, , a Notary Public, personally appeared , who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument, and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Notary Public E-1 EXHIBIT A LEGAL DESCRIPTION OF THE PROPERTY A-1 EXHIBIT B MAP OF PROJECT (LAND USE DEVELOPMENT PLAN) B-1 EXHIBIT C LEGAL DESCRIPTION OF RESIDENTIAL AREA C-1 EXHIBIT D LEGAL DESCRIPTION OF OPEN SPACE D-1 I2805-0002\14372I4vI6.doc EXHIBIT E LEGAL DESCRIPTION OF CITY PROPERTY AT MARINA DRIVE AND FIRST STREET E-1 Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site—Corner 1S'St./Marina Dr. May 2, 2012 ATTACHMENT 7 CORRESPONDENCE DATED APRIL 23, 2012, SUBMITTED IN SUPPORT OF PROJECT FROM STEVEN PEKAR. CORRESPONDENCE DATED APRIL 27, 2012, SUBMITTED IN SUPPORT OF PROJECT FROM JIM BALAAM -18- Greg Hastings Subject: FIN: Planning Commission and DWP Ste From: stephen pekar [ma ilto:stevepekar @gmail.com] Sent: Monday, April 23, 2012 11:45 AM To: rgoldberg@live.com; Linda Devine Subject: Planning Commission and DWP Site Mr. Goldberg and Ms Devine: This message is to advise you of my support and my wife's support for the DWP development plan which has been debated endlessly by our community. The plan as proposed would not only provide an attractive buffer to our border with Long Beach but if the city effectively used the donated open space, it would tie together the ocean-front parking, commercial and even Marina Center area. There are many of us on the Hill who have not written letters or spoken at City Council Meetings--as the activist, vocal minority--but please do not forget our support of creating an attractive and feasible development within the scope of proper government. 1 Greg Hastings From: Linda Devine Sent: Friday,April-27,2012 1:06 PM To: Greg Hastings Subject: FW:dwp property • From: Jim Balaam [jhbalaam @gmail.com] • Sent: Friday, April 27, 2012 9:31 AM To: eversondavid @hotmail.com Cc: cummingse @hotmail.com;jkg5150 @aol.com; massalavit @aol.com; Linda Devine; rgoldberg @live.com Subject: dwp property I want to give my support for the Bay City Partners. This has gone on much too long with a huge waste of taxpayer money. This is not public land as stated by Jim Caviola. It is Bay City Partners land. If the city wants the property or anyone else for total open space,then I suggest that they buy it. You get the same people complaining and wasting the cities money. Please work out a solution that both sides will be happy with and get on with it. Quit wasting our money. Brian Kyle and Bob Griffith are good people and support our community and have done great things. Thanks for your time, Jim Balaam Owner Send It Packing and local resident • 1 Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner In St./Marina Dr. May 2, 2012 ATTACHMENT 8 1996 DWP SPECIFIC PLAN -19- -F 4'6 CITY IF LOS ANGELES 1 EPARTMENT OF WATER AND PO E►'� SPECIFIC PLAN City of Seal Beach Department of Development Services 211 Eighth Street Seal Beach, California 90740 (310) 431-2527 D:\WP51\DWP\REV1S95-1.SP\LW\03-15-96 Department of Water and Power Specific Plan March 12, 1996 SECTION A: INTRODUCTION 1. AUTHORITY AND SCOPE The adoption of the DWP Specific Plan by the City of Seal Beach is authorized by the following: A. Title 7, Division 1, Chapter 3, Articles 8 and 9 of the California Government Code (Section 65450 et. seq.). Pursuant to these provisions, the. Planning Commission may, or shall if so directed by the City Council, prepare Specific Plans based on the General Plan and drafts of such regulations, programs and legislation as may, in the judgment of the Planning Commission, be required for the systematic execution of the General Plan. Such a Specific Plan may include all detailed regulations, conditions, programs and proposed legislation which may be necessary or convenient for the systematic implementation of each element of the General Plan; and B. Division 24, Part 1, Chapter 2, Articles 4 and 12 of the California Health and Safety Code which relate to the preparation and adoption of redevelopment plans and amendments thereto by the Redevelopment Agency; and C. Division 20 of the California Public Resources Code (which is known as the . California Coastal Act of 1976), Chapter 6, Article 2, Sections 30510, 30511 and 30513 which require the submission of zoning ordinances, zoning district maps or other implementing actions to the Coastal Commission following local government adoption. 2. PURPOSE AND INTENT The DWP Specific Plan is prepared to provide for the classification and development of portions of parcels of land as a coordinated comprehensive project so as to take advantage of the superior environment which can result from integrated community planning. The concepts, regulations and conditions established by the DWP Specific Plan are intended to provide for open space and .visitor serving land uses and development standards created specifically for selected portions of DWP Specific Plan D:\WP5I\DWP\i EV1S95-1.SP\LW O3-15-96 2 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 the DWP property. The DWP Specific Plan functions as both a ministerial and regulatory document in providing for the systematic means of executing the General Plan of the`City of Seal Beach. The DWP Specific Plan provides the opportunity to combine the concepts, procedures and regulations of numerous documents into one. Those documents include the Redevelopment Plan for the portion of the Riverfront Redevelopment Project which falls within the Specific Plan area and the implementation component of the City of Seal Beach Local Coastal Plan for the site. The DWP Specific Plan, when adopted by ordinance, established the type, location, intensity and character of development to take place, while providing for creative and imaginative community design concepts which are preferred in dealing with unique site conditions. Alternative zoning regulations, development standards and other regulations have been incorporated into the DWP Specific Plan in return for increased development sensitivity and community amenities to serve the present and future residents of the City of Seal Beach. 3. LOCATION The DWP Specific Plan applies only to that property cited in the precise legal description in Appendix 1. The land use development plan (Exhibit A) is the map indicating the property which is subject to the provisions of the DWP Specific Plan. Specifically, the site is located between the San Gabriel River Channel to the west, First Street to the east, Marina Drive to the north and the-public beach on the south. 4. NOTES AND CONDITIONS A. Unless otherwise specified, all development within the DWP Specific Plan shall comply with the City of Seal Beach municipal code (The Code of the City of Seal Beach. California). Terms used. herein shall have the same meaning as defined in the.City of Seal Beach municipal code unless otherwise defined herein. B. Any details or issues not specifically covered by this Specific Plan shall be subject to the regulations of-the City of Seal Beach municipal code. C. The approval of development within the Specific Plan area shall be governed by Section 65450 et. seq. of the State of California Government Code. D. All construction within the boundaries of the Specific Plan shall comply with all provisions of the Uniform Building Code and the various mechanical, electrical, DWP Specific Plan . D:1WP51\DWP1REVIS95-1.SP\LW103-15-96 3 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 plumbing, fire and security codes adopted by the City of Seal Beach as established by the Seal Beach municipal code. E. Modifications to the Specific Plan which do not give rise to a conflict with the • intent of the Specific Plan as approved may be approved by the City Manager. F. Environmental assessment for any development shall be completed and certified prior to final action on the project. G. Any land use designation not specifically covered by the DWP Specific Plan shall be deemed inappropriate. H. If any regulation, condition, program or portion thereof of the Specific Plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision, and the invalidity of such provision shall not affect the validity of the remaining provisions hereof. I. A seven (7) member Advisory Committee shall be established to provide citizen input and review of all matters relating to this Specific Plan. SECTION E. LAND USE DEVELOPMENT PLAN/ GENERAL DEVELOPMENT STANDARDS 1. LOCATION The general location of all principal land uses is shown in Exhibit A, Land Use Development Plan. All construction within the Specific Plan area shall conform to Exhibit A and the Development Standards. The general Development Standards provide continuity throughout the Specific Plan area by providing generalized standards for all land uses. DWP Specific Plan D:\WP51\DWP\REVIS95-1.SP\LVA03-15-96 4 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 2. LAND USE CATEGORIES • There are two principal land use categories within the Specific Plan area: Visitor-Serving Land Uses Defined As - a hotel and the necessary ancillary support uses including, but not limited to, restaurants, retail uses, service uses, meeting/conference rooms and banquet facilities. Open-Space Uses Defined As-Public parks, green belts, bike trails, nature trails, hiking trails, and any passive recreational uses normally located in parks or open spaces. 3. VISITOR-SERVING A. Location Visitor-serving uses shall be limited to the northerly 30% of the DWP parcel, more specifically, to the area adjacent to Marina Drive and First Street. In all .cases, visitor-serving shall be limited to the area north of an imaginary westerly prolongation of Central Way. B. Permitted Uses Hotel - maximum number of rooms or suites not to exceed one-hundred-fifty (150). Restaurant(s) - to primarily serve hotel guests, but also open to general public. Alcoholic beverages may be served and live entertainment is permitted upon City Council authorization. Retail Uses - to primarily serve hotel guests, but also open to general public. Service Uses - to primarily serve hotel guests, but also open to general public. Banquet/Meeting/Conference Rooms (Optional)- to primarily serve hotel guests, but also open to general public and public/community uses/functions, capable of accommodating one hundred and seventy-five (175) persons. DWP Specific Plan D:1WP511DWP\REVIS95-1.SP\LW103-15-96 5 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 4. OPEN SPACE . A. Location Open spaces shall be located on the southerly 70% of the DWP site. B. Permitted Uses All uses contained in Chapter 28, Article 20 of the Seal Beach municipal code as authorized by the City Council, subject to the provisions of Section 2.B., above; 5. CIRCULATION A. Location The street system shall be located generally, as shown on the Land Use • Development Plan, Exhibit A. Precise alignments shall be established during the .Precise Plan review in conformance to the standards established by the City • Engineer. All access to visitor-serving uses shall be limited to Marina Drive, west of First Street. • B. Street Standards The street system shall follow the design standards shown on Exhibit A. All streets shall conform to the standards established by the City Engineer. C. Roadway Setbacks The following minimum setbacks, measured from the roadway right-of-way shall apply to structures abutting the roadways listed below: First Street 20 feet Marina Drive 20 feet DWP Specific Plan D:1WPSl\DWFPEVIS95-1.SPULW\03-15-% 6 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 6. BUILDING HEIGHT A. Visitor-Serving The maximum building height shall not exceed thirty-five (35') feet except as authorized by Section 28-2317(3) of the Seal Beach municipal code. B. Open Space To ensure the passive nature of the open space area, only light standards and park benches shall be allowed, and the height of said light standards shall not exceed fifteen (15) feet. 7. PARKING A. General Parking Requirements .Hotel - 1 space per room or suite. Restaurant - 1 space per 100 square feet of gross floor area. Meeting Rooms/Conference Rooms - 1 space per 75 square feet of gross floor area. Retail Use/Service Businesses - 1 space per three hundred (300) square feet of gross floor area. B. Special Conditions o Subterranean parking is specifically authorized, subject to approval of security measures by the Seal Beach Police Department. o §28-2209(4) of the Seal Beach municipal code is specifically authorized. o Up to 25% compact parking is specifically authorized, or the standard City requirement as set forth in the Zoning Code. DWP Specific Plan D:\WP51\DWP1REVIS95-1.SP\LW\03-15-96 7 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 o Valet parking is specifically authorized on-site. • • C. Parking Dimensions • Conventional Spaces 20' length 9' width 24'turning radius Compact Spaces 16' length 8' width 24'turning radius 8. ARCHITECTURE/ARCHITECTURAL CONTROL A. Spanish-style architecture shall be used for all buildings and structures located on the northerly 30% of the site. B. As authorized by the Riverfront Redevelopment Plan, the Redevelopment Agency of the City of Seal Beach shall designate a separate architectural review committee 9.. DESIGN A. All buildings and/or structures shall be tied together by the following elements: materials landscaping signage textures courtyards colors roof lines lighting hard surface pavement B. Landscaping shall be integrated with the park. 10. UTILITIES All utilities shall be under ground. DWP Specific Plan D:\WP51\DWP\REVIS95-1.SP\LW\03-15-96 8 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 11. REQUIRED SUBMITTALS • • Fifteen (15) copies of the following shall be submitted as part of the application for City approval of any development in the Specific Plan area: a. Site Plan showing all buildings, structures, parking, circulation, landscaped areas, lighting. b. Complete floor plans of all floors of all buildings with rooms labeled as to use. c. Elevations of all buildings and structures showing height of same as well as height of any architectural projections. All signs shall be shown to scale at the locations proposed. All colors, textures and materials proposed for any improvement visible from the outside of the buildings or structures shall be shown. d. Lighting plan showing the type, size, height and location of all exterior lights. • e. Landscaping plan showing the location, type, size and number of plants, trees or groundcover. Irrigation system and decorative hard surface or walkways shall also be shown. f. Prospectus describing the hotel management company, all proposed uses, intensities, services, hours of operation, staffing levels and any other appropriate information requested by City Manager. DWP Specific Plan DAWP51 DWFtREVIS95-1.sP►LW\O3-15-96 9 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 EXHIBIT A SITE MAP - DWP SPECIFIC PLAN AREA 4� 0 SD oP site . ::.rwi a n ... /‘ V ce � ��rQ ...:::::.-:.•::::.:::.:1. ..:4 / , ''..:%:::::::::::.-::••••••• -614) // I , '- 0,fc Oc So, DWP Specific Plan D:1WP511DWP1REVIS95-1.SP\LW103-15-% 10 Revised through March 12, 1996 • Department of Water and Power Specific Plan March 12, 1996 PROPERTY DESCRIPTION - DWP SPECIFIC PLAN AREA LEGAL DESCRIPTION Parcel No. 1 All that portion of Naples Extension situated in the City of Seal Beach, County of Orange, State of California, recorded in Book 10, Pages 58 and 59 of Maps, Records of Los Angeles County, shown as a portion of Parcel "A" in License Surveyors Map of the Tidelands East of Naples, recorded in Book 2, Pages 47 and 48 of the Record Surveys of.said Orange County and described as Part 2 in Exhibit A-1 of deed recorded in Book 869, Page 1 of Official Records of said Orange County. Excepting therefrom that portion lying northeasterly of the land conveyed to the State of California for highway purposes recorded in Book 426, Page 378 of Deeds, Records of said Orange County. Also, all that portion of a fraction of the southwest 'A of Section 11, T. 5 S., R. 12 W., S.B.M. in said County of Orange, a portion of the Rancho Los Alamitos as per map thereof recorded in Book 1, Page 460 et. seq., of Patents, Records of Los Angeles County, described as Part 3 in Exhibit A-1 of deed recorded in Book 869, Page 1 of Official Records of said Orange County. Also, all of lots 1, 2, and 3, Block 100 in Tract No. 698 as per map thereof recorded in Book 31, Page 27 of Miscellaneous Maps, Records of said Orange County and described as Part 4-in Exhibit A-1 of deed recorded in Book 869, Page 1 of Official Records of said Orange County. Also, all that portion of Block "C" of Bay City as per map thereof recorded in Book 3, Page 19 of Miscellaneous Maps, Records of said Orange County and described as Part 5 in Exhibit A-1 of deed recorded in Book 869, Page 1 of Official Records of said Orange County. EXCEPTING therefrom any portion thereof described as follows: Beginning at the most easterly corner of the land described in said Part 3 of Exhibit A-1 in a Deed to the City of Los Angeles, California recorded in Book 869, Page 1 of DWP Specific Plan D:1WP5 1WWP\REVIS95-1.SP\LWWO3-15-96 11 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 Official Records; thence South 31° 17' 22" West 347.06 feet along the southeast boundary of said land of the City of Los Angeles, the southeast boundary of said Lots 1, 2, and 3 and the southeast boundary of said Block "C"; then North 24° 22' 42" East 332.42 feet; thence North 05° 38' 24" West 33.18 feet to a point on the northeast boundary of said land of the City of Los Angeles said point being on a curve concave north-easterly having a radius of 940.00 feet a radial from said point bears North 42° 07' 31" East; thence along said curve and the boundary of said land of the City of Los Angeles southeasterly 60.68 feet to the point of beginning. Parcel No. 2 All that portion of Block "B" of Bay City as per map thereof recorded in Book 3, Page 19 of Miscellaneous Maps, Records of said Orange County and described as Parts 7 and 8 in Exhibit A-1 of deed recorded in Book 869, Page 1 of Official Records of said Orange County. EXCEPTING therefrom, that portion of said land for public road and highway purposes described in deed recorded in Book 536, Page 49 of said Official Records. Also, all that portion of the southwesterly half of Ocean Avenue, 80 feet in width, as shown on Bay City, as per map thereof recorded in Book 3, Page 19 of Miscellaneous Maps, in the Office of the County Recorder of said County, and that portion of Block "B" of said Bay City, bounded southeasterly by the southerly prolongation of the easterly line of Block "C" as shown on said map of Bay City; bounded northwesterly by the westerly line of the land described in deed recorded in Book 85, Page 144 of Deeds, Records of said Orange County; bounded southwesterly by the land described in said deed recorded in Book 85, Page 144 of Deeds, and the land described in deed recorded in Book 536, Page 49 of said Official Records; and bounded northeasterly by the northeasterly line of said southwesterly half of Ocean Avenue. * * * * DWP Specific Plan D:1WP51 1DWP1REVIS95-I.SP1LW103-15-96 12 Revised through March 12, 1996 Planning Commission Staff Report Final Environmental Impact Report;Specific Plan Amendment 11-1; General Plan Amendment 11-1;Zone Map Amendment 11-1; Tentative Tract Map 17425;Development Agreement DWP Specific Plan Site—Corner 1s'St./Marina Dr. May 2, 2012 ATTACHMENT 9 PROPOSED ZONING MAP AMENDMENTS -20- c 4-2 8 8 al • 11 .--"-' ... ....,z c ,%20 1 ... 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