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Home My WebLink About2 - Final EIR DWP Specific Plan Amendment• PLANNING COMMISSION AGENDA REPORT DATE: June 6, 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 (revised); and development agreement concerning DWP Specific Plan Area, 10.9 acres at the southwest corner of 1st Street and Marina Drive OVERVIEW Applicant: Owner: Edward Selich 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 (revised) 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 resume the public hearing that was opened on May 2, 2012 and continued to May 16, 2012 and June 6, 2012 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; (2) approve Specific Plan Amendment 11 -1, General Plan Amendment 11 -1, and Zone Map Amendment 11 -1; and (3) approve Tentative Tract Map ("TIM") 17425 (revised) subject to conditions and revisions that address the issues identified by staff in this report. 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 f" St. /Marina Dr. June 6, 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; • 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 (revised) 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. On May 2, 2012, the Planning Commission held a duly noticed public hearing to consider the above listed actions. A presentation was made by Community Development staff and the City's environmental consultant, followed by public testimony. During the hearing, the applicant presented a revised tract map that contained the same number of lots within the same tract boundary, but with a different lot configuration. The Planning Commission provided comments to the applicant regarding the originally submitted tract map and the revised map. The public hearing has been continued to tonight to allow staff and the environmental consultant the opportunity to review the applicant's revised submittal. The information contained in this June 6 Planning Commission Agenda Report is in addition to the original report provided to the Planning Commission on May 2, 2012 (see Attachment 10). Staff is also preparing a presentation for the June 6 Planning Commission meeting regarding the 70% open space, 30% visitor - serving division in the Specific Plan. The -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 1 s` St. /Marina Dr. June 6, 2012 presentation will respond to comments that arose during the May 2nd public hearing and will address the legal boundaries of the subject property based on City records. It should be noted, however, that the City Attorney has advised that the 70/30 ratio in prior plans does not bind the Commission in any way in making a recommendation on the Project. The City Council has the legislative discretion to approve any amendment to the Specific Plan that it deems to serve the public welfare and is not bound by any current or previous Specific Plan provision. Likewise, the Planning Commission is not bound by any prior plan when making its recommendation to the City Council. REQUESTED APPROVALS 1 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 Specific Plan Amendment request (see Attachment 3) remains the same as described in the May 2, 2012 Planning Commission Agenda Report. General Plan Amendment 11 -1 The General Plan Amendment request remains the same as described in the May 2, 2012 Planning Commission Agenda Report. Zoning Map Amendment 11 -1 The Zoning Map Amendment request (see Attachment 9) remains the same as described in the May 2, 2012 Planning Commission Agenda Report. Tentative Tract Map 17425 (Revised) As mentioned earlier, the applicant submitted a revised Tentative Tract Map 17425 (see Attachment 11) at the May 2, 2012 Planning Commission meeting to replace the original map that was filed for that meeting (see Attachment 4). Although the map is revised, the footprint of the map remains identical, occupying the northerly 4.5 acres of the 10.9 acre site. Below is a comparison of the original map, the revised map and the map shown in the EIR as "Alternative 2 - Modified Layout Alternative ": -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. June 6, 2012 NN E LW N LI N y ar ,r,. =, £ PSMma a°' N =% ,.,.,_,r 4 Tentative GTract 17245 Original Submittal ,.G, ,t r &�k✓,x q 4nr t •;.. ., r,Cx6yGrN" ,,� d' 'k r9 %fir N tiI � x =Tentataue Tract 7245 Rev'd 5/2/12 "„ 2,i ..m, s;:;., ., !' cl,; , r" "' :. 1tlY i 7 3 >�N %GNy4A'iGdN 1 I R Alternative 21 G rk c:; t"' m 1..Vla!! . "��. ? ,. # Residential Tots 48 48 41 Lot size range (s.f.) 2,680 - 3,280 2,625 — 3,289 2,700 — 3,900 est. Lot width range 25 — 25.5' 25' 25 — 37.5' est. Lot depth range 107 — 115' 106 — 110' 100 — 115' est. Central Way alignment? No Yes Yes # Lots south of northerly ROW boundary of Central Way projection 14 3 3 Lot orientation along 1st Street Side —on (3) Front —on (9) Side —on (1) Front —on (10) # Lots adjacent to river 13 13 13 # Lots with alley access 24 27 21 Cul -de -sacs Private drive serving 5 lots Private alley serving 3 lots Public alley serving 2 lots Roadway ownership Public street Public alleys Private drive Public /private streets Private alleys Public /private streets Private alleys # Common area open space lots 5 5 5 -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 Is' St. /Marina Dr. June 6, 2012 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 the City and a 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. 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 two e -mail comments since the May 2, 2012 public hearing, in support of the proposed project (see Attachment 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 tentatively scheduled to consider the Final EIR and the Project on June 25, 2012 and July 9, 2012 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, -5- Planning Commission Staff Report Final Environmental Impact Report; Specific Plan Amendment 11 -1; General Plan Amendment 11 -1; Zone Map Amendment I1 -1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site — Corner 151 St. /Marina Dr. June 6, 2012 which includes written responses to all comments received during the public review period regarding the Draft EIR, a Mitigation Monitoring and Reporting Program (see attachment 2), 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 Tight 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." The applicant's revised plan eliminates the unavoidable impacts associated with Aesthetics /Light and Glare that were identified in the original site design analysis in the Final EIR. Therefore, a Statement of Overriding Considerations is not necessary in connection with the revised site plan. 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 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 Tots 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. RBF has reviewed the revised site design submitted by the applicant during the May 2, 2012 public hearing and has prepared a comparative environmental analysis (see Attachment 12) for this revised proposal. The analysis includes a "Hydrologic and Hydraulic Narrative" prepared by Fuscoe Engineering and a "Supplemental Traffic Assessment" prepared by Linscott, Law and Greenspan Engineers. The RBF analysis concludes that the revised site plan, as shown on the revised tract map submitted by the applicant, would not result in greater impacts than were identified for the Draft EIR Project, and would eliminate the Project's significant and unavoidable impacts relating -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. June 6, 2012 to Aesthetics /Light and Glare identified above. As the roadway configuration has been slightly altered, the Final EIR Mitigation Measures TRA -2 and TRA -3 have been modified to apply to the revised plan. However, these modifications are not considered to result in any new or greater impact than those identified in the EIR. Thus, no new impacts have been identified and no new mitigation measures are required to approve the revised site plan instead of the Draft EIR Project. Another question that has arisen is whether the EIR accurately and adequately analyzes any environmental impacts arising from the Project's open space component. The Draft EIR states that in comparing the Specific Plan with the Project, the Project would have 0.2 acre less open space. The basis of this statement is that the Project intrudes 0.2 acre into the area below the westerly prolongation of the southerly right -of- way boundary of Central Way. The Draft EIR concludes that this difference would not create any significant environmental impacts with respect to parkland demand and recreational facilities because the amount of open space included in the Project (6.4 acres) exceeds the City's minimum parkland requirements for new development by 5.6 acres. The Draft EIR also considered that the open space included in the Project would be a large consolidated open space area that would allow for: (1) future opportunities for additional public access and recreation amenities; (2) more usable area along the San Gabriel River for pedestrians, bicyclists, and other coastal access users via the Rivers End Staging Area; and (3) recreational opportunities coordinated with the City's beach due to its proximity to the coast. Thus, the difference in open space area contemplated in the Specific Plan and that proposed for the Project is environmentally insignificant. In response to comments, the City's independent environmental consultant, RBF, has further concluded that there would still be no significant environmental impact even if the difference between the Project's open space and the open space contemplated in the Specific Plan was considerably greater than 0.2 acre because the Project would still be providing parkland in excess of the City's minimum parkland requirements for new development. Thus, CEQA does not require recirculation of the Project's Final EIR. ANALYSIS Pursuant to Section 10.20.020 C of the Seal Beach Municipal Code, a tentative tract map shall not be approved if any of the following findings are made: o The proposed subdivision, including design and improvements, is not consistent with the General Plan or any applicable specific or precise plan. 0 The site is not physically suitable for the type or proposed density of development. -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' St. /Marina Dr. June 6, 2012 • The design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or injure fish or wildlife or their habitat. o The design of the subdivision or type of improvements is likely to cause serious public health problems. o 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. o 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. • 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. At their May 2nd meeting, the Commission asked the following questions about the design of the project as shown on the revised map: o Is the transition for "A" Street as a private street to "B" Street as a public street, especially at the intersecting curve of the two streets, problematic? o Is there adequate parking on the west side of "A" Street and on the north side of "B" and "C" Streets considering garages would be located on those streets? o Is Alley "D" (a 18 -foot wide private alley) too narrow? Would it attract high speed shortcut traffic through the neighborhood? o Should the lot widths be varied? • Should the lots along the river be reduced in number? o Will the front entrances to the eight homes facing the Marina Drive open space lot be used considering there would be limited access to the front (north sides) of these Tots? -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. June 6, 2012 O Are there adequate opportunities for enhancing focal vehicular entry points to the tract provided? In addition, staff has identified the following issues relative to the revised map: O Due to the "tight" design of lot 9, it may be difficult to provide a 2 -car garage on the property. This may lead to vehicles backing down the alley before adequate turnaround area is available. Lot 9 also impedes the turnaround area for lot 10. Staff believes that the applicant should demonstrate that Lot 9 can properly accommodate a 2 -car garage or Lot 9 will have to be reconfigured. O Lots 9, 10 and 11, which are in a dead -end private alley, may not easily accommodate trash collection and may require assembling trash containers into a more accessible centralized location to avoid the necessity of trash trucks backing down the alley. Staff believes that Lots 9, 10, and 11 will have to be reconfigured if the applicant cannot demonstrate that they can accommodate the necessary space for trash containers. O The lots on the west side of "A" Street (along the river) and the north sides of "B" and "C" Streets will have garage dominated streetscapes due to the narrow width of these lots. Lots adjacent to "B" Street have the opportunity for alley garages, however the revised map has a detail showing access from "B" Street. • Lot 25 should be wider than 25 feet to accommodate additional landscape area adjacent to 1st Street for visual screening of the side of the residence from 1st Street. O Fencing, landscaping, or both is needed at the interface between "A" Street and the commercial site to the west of the subject property. Staff has proposed updated conditions of approval to address these concerns (see Attachment 5) in the event that the Planning Commission chooses to recommend approval to the City Council of revised Tentative Tract Map 17425. 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 Finial EIR, and adopt the Mitigation Monitoring and Reporting Program; (2) approve General Plan Amendment 11 -1, Specific Plan Amendment 11 -1 and Zone Map Amendment 11 -1; and (3) approve TTM 17425 (revised) subject to conditions and revisions that address the issues identified by staff in this report. -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 I" St. /Marina Dr. June 6, 2012 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). Greg Hastings Interim Community Development Director Attachments: (12) 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 (revised), 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 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 17425 5. Recommended Conditions of Approval of Tentative Tract Map 17425 — City of Seal Beach Public Works Department. 6. Draft Development Agreement 7. Correspondence Received Following the May 2, 2012 Public Hearing 8. 1996 DWP Specific Plan 9. Proposed Zoning Map Amendments 10. May 2, 2012 Planning Commission Agenda Report 11. Tentative Tract Map 17425 (revised) 12. Environmental Analysis of the Alternative Site Plan -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 Is` St. /Marina Dr. June 6, 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 AMEN ',I MENT 11 -1, AND TENTATIVE TRACT MAP 17425 (REVISE 1), TO ALLOW DEVELOPMENT OF 48 SINGLE FAMILY RESIDENTIAL UNITS IN THE DWP SPECIFIC PLAN AREA 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 SINGLE FAMILY RESIDENTIAL DEVELOPMENT 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 and June 6, 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 7 12805 - 0002 \1453908v6.doc 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 7 1 2805- 0002 \1453908v6. d oc Space area would still be limited to Tight standards that do not exceed 15 feet in height and park benches. 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. During the May 2, 2012 public hearing, the applicant submitted a revised tract map to replace the original map that was filed for that meeting. The Planning Commission continued the public hearing to permit City staff and the City's environmental consultant to review the revised map. 2. The revised map has the identical development footprint as the original submittal. Residential development would therefore still be restricted to the northerly 4.5 acres of the 10.9 acre site. The open space area would also remain unchanged in size. The differences between the revised map and the original submittal are summarized in the following table. Tentative Tract 17245 Submittal Tentative Tract 17245 Rev'd 5/2/12 # Residential lots 48 Lot size range (s.f.) 2,680 - 3,280 2,625 — 3,289 Lot width range 25 — 25.5' 25' Lot depth range 107 —115' 106 -110' Page 3 of 7 12805 - 0002 \1453908v6.doc Tentative Tract 17245 � x Original Submittal Tentative Tract 17245 Rey'd 5 /2/12...__ Central Way alignment? No Yes # Lots south of northerly ROW boundary of Central Way projection 14 3 Lot orientation along 1st Street Side —on (3) Front —on (9) Side —on (1) # Lots adjacent to river 13 13 # Lots with alley access 24 27 Cul -de -sacs Private drive serving 5 lots Private alley serving 3 lots Roadway ownership Public street Public alleys Private drive Public /private streets Private alleys # Common area open space lots 5 5 3. As revised, TTM 17425 would allow development of 48 single family detached single family units plus 11 other Tots that would be used for landscaping and roadways 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 and private streets from Marina Drive and First Street and a mix of publicly and privately maintained internal alleyways. 4. The City's environmental consultant has reviewed TTM 17425, as revised, and has prepared a comparative environmental analysis, which includes a "Hydrologic and Hydraulic Narrative" prepared by Fuscoe Engineering and a "Supplemental Traffic Assessment" prepared by Linscott, Law and Greenspan Engineers. The analysis concludes that TTM 17425, as revised would not result in greater impacts than the original map submittal analyzed in the Final EIR and would eliminate the significant unavoidable impacts relating to Aesthetics /Light and Glare that the Final EIR determined would occur as a result of the original map submittal. The analysis also concludes that modifications to Final EIR Mitigation Measures TRA -2 and TRA -3 are necessary due to the roadway reconfiguration in TTM 17425, as revised, but that these modifications would not result in any new or greater impact than those Page 4 of 7 12805 - 0002 \1453908v6.doc identified in the Final EIR. The Planning Commission finds based on its independent judgment that the comparative environmental analysis is correct and that no new impacts have been identified and no new mitigation measures are required to TTM 17425, as revised. 5. Staff has recommended the conditions or approvals for and revisions to TTM 17425 ( "Conditions and Revisions ") that are set forth in Exhibit A to this Resolution, which is hereby incorporated by this reference as if set forth in full. 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, inclusive of the Conditions and Revisions to TTM 17425, 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. 2. Conveyance of waterfront open space to the City for public use and enjoyment. 3. Development of the subject property that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 4. Mitigation of all avoidable Project impacts below the level of significance. Page 5 of 7 12805- 0002 \1453908v6.doc c. The Commission finds further as follows regarding TTM 17425, inclusive of the Conditions and Revisions. 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, inclusive of the Conditions and Revisions to TTM 17425, 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, inclusive of the Conditions and Revisions to TTM 17425, 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; (2) approve Specific Plan Amendment 11 -1, General Plan Amendment 11 -1, and Zone Map Amendment 11 -1; and (3) approve TTM 17425 subject to the Conditions and Revisions. PASSED, APPROVED AND ADOPTED by the Seal Beach Planning Commission at a meeting thereof held on June 6, 2012, by the following vote: AYES: Commissioners NOES: Commissioners Page 6 of 7 12805- 0002 \1453908v6. doc ABSENT: Commissioners ABSTAIN: Commissioners Greg Hastings Interim Planning Commission Secretary Page 7 of 7 1 2805 -0002\ 1453908v6. d oc Sandra Massa- Lavitt Chairwoman 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 ls` St. /Marina Dr. June 6, 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 I EPARTMENT OF COMMUNITY DEVELOPMENT AND WILL BE AVAILABLE AT THE PUBLIC HEARING) City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report 3.0 MITIGATION MONITORING AND REPO; '`TING PROGRAM 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 o April 2012 3 -2 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Table 1 MITIGATION MONITORING AND REPORTING CHECKLIST '"" FMS• Y' n y� Mitigation Number.,- `f�'{"i4 "`,�°*m' 1"_$'�c -� � -- •A.z]. P{'r- z. `� 3 '• �R� ��l _�fi" •�, fr j,, -4 x alga g fi.�'� �Yy .� *� '�i' k L3 m pl- .. ew n-imi1 �F .= t U " a no n� 4 � es onsibih ty_ *qs3�� .��;. .' 'qi" yr ' .r � �" �'".��,... :y' '�r- �?�Fy�' ou tn * o ce n n �g Y� � 4, M1 • .. v+Fsrs� a _ : Responsibility ' �s .Y.' S � � fi�� Tm c'.,'. . h3 1 m_ � P , . tn 1 `�'..4�:. ,TS i �+4,i�`4� t 'T �`3" '•� :�.. ��= i � :�..d�=,- �� ; y� .E'3c VE t ' � R I.��FI CAT� N Pr LIA N GE OF C7 R . "I�� O V'r Initials .O Date +s . :tt Remarks :�. .�z AESTHETICS AES -1 Prior to issuance of any grading and /or demolition permits, whichever •occurs first, a Construction Management Plan shall be submitted for review and approval by the Director of Development Services. The Construction Management Plan shall, at a minimum, indicate the equipment and vehicle staging areas, stockpiling of materials, fencing (i.e., temporary fencing with opaque material), and haul route(s). Staging areas shall be sited and /or screened in order to minimize public views to the maximum extent practicable. Construction haul routes shall minimize impacts to sensitive uses in the City. Applicant/ Contractor Prior to Issuance of Grading/ Demolition Permits Director of Development Services Prior to Issuance of Grading/ Demolition Permits AES -2 All construction - related lighting shall be located and aimed away from adjacent residential areas and consist of the minimal wattage necessary to provide safety and security at the construction site. A Construction Safety Lighting Plan shall be approved by the City Engineer prior to issuance of the gradin .ermit a alication. Contractor Prior to Issuance of Grading/ Demolition Permits; During Construction City Engineer Prior to Issuance of Grading/ Demolition Permits; During Construction Final 0 April 2012 3 -3 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report � �'hn � �.'- .ItstF ....,: a 4s -Mitigation', g Number.. S, ': :.h �F ' oS4Y `°,,.' '^' g: '} `nxi ,-a R =: as ...' : .r. w 1 E, ,= &. f :. t'i ,; lw! in anon Measure wr x g :; .'_' �� § ..�< �. t �_ n � .. r.��, `� # �6,g•)y.. 3 !'`k+ - �*"�'TMU. � .*"atr�� -=e=� i• .;. #Im lementanon P .r ,i � Res onsibih Wit„ ty of G �" � "e } w T tmtng °„ �s ,,.`' �` "" 4 2§',� i. )E6 '. .->�,m- Momto a HI g , , � .. � Res onsibih P�� LL tY . f 's"� , —e' .. ^ :,� .. = . Tvnmg `�# . ¢ W�. � § ��— � \ ; t i{*ti`e' §f' 1 } :: Vic_ VERIFICATION.OF COMPLIANCE ''. ti g. Instals Date at °-,. .. �,,, �� Remarks AES -3 The project applicant shall ensure that any proposed exterior lighting fixtures, with respect to both the direction of lighting and its intensity in the private right of way and on private property, do not result in lighting spill over onto the adjacent uses. The project applicant shall prepare and submit an Outdoor Lighting Plan for both street lights and future residential uses to the Development Services Department for review and approval, prior to issuance of a grading permit. The Plan shall demonstrate compliance with all applicable Code lighting requirements and include a footcandle map illustrating the amount of light from the project site at adjacent light sensitive receptors. All exterior light fixtures (including street lighting) shall be shielded or directed away from adjoining uses. Landscape lighting levels shall respond to the type, intensity, and location of use. Applicant Prior to Issuance of Grading Permit Director of Development Services Site Development Perrnit; Prior to Issuance of Occupancy Permit; Plan Check BIOLOGICAL RESOURCES BIO -1 To the extent feasible, all vegetation removal activities shall be scheduled outside of the nesting season (typically February 15 to August 15) to avoid potential impacts to nesting birds. However, if initial vegetation removal occurs during the nesting season, all suitable habitat shall be thoroughly surveyed for the presence of nesting birds by a ualified biolo 'st riot to Applicant/ Contractor Prior to Issuance of a Grading Permit; During Construction Director of Development Services Prior to Issuance of a Grading Permit; During Construction Final e April 2012 3 -4 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number m g ation Measure mlemenation t es onsibih n ontn g Res onsibih t3 , , vnn VIIAION t O COMPLIANCE , � a 9 InitalS " Date ,Y emar ks �i.�°c.k. commencement of clearing. If any active nests are detected, a buffer of at least 100 feet (300 feet for raptors) shall be delineated, flagged, and avoided until the nesting cycle is complete as determined by the City. CULTURAL RESOURCES CUL -1 An archaeologist and a Native American Monitor appointed by the City of Seal Beach shall be present during earth removal or disturbance activities related to rough grading and other excavation for utilities. If any earth removal or disturbance activities result in the discovery of cultural resources, the Project proponent's contractors shall cease all earth removal or disturbance activities in the vicinity and immediately notify the City selected archaeologist and /or Native American Monitor, who shall immediately notify the Director of Development Services. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Seal Beach Cultural Resources Element, and other applicable regulations. Consultation with the Native American Monitor, the Native American Heritage Commission, and data /artifact recovery, if deemed a..ro riate, shall be conducted. Applicant/ Contractor During Grading Director of Development Services Prior to Issuance of a Grading Permit; During Grading Final 0 April 2012 3 -5 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report f •• ` F� �M1 xW . "w.: tsF .•LLt _a'i — r r w � tw o n Z . T£ =a Number w -�e.�� t L�'�b �">k. � { • �� Y ., Mitr no Measue > ," — � s•M= =. n '_' — s .ru �j: ,� y.°,.:,;a., � fi ^. k `M1 - '4t, . Implementation w.,. 9.f,! , _... �'_ :% eP onsibih . ty � '��; �t ' Y lung �. .�` `` � u,,�;, Monitoring . ; . Res onsibih ry w }si, �,..F unm g � ti1," �y ,�L a I FICATIO. N OF "C OM.�� P L� I AN C VER :?n als ,3 te Da . Remarks CUL -3 Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of Development Services shall contact the Coroner pursuant to Sections 5097.98 and 5097.99 of the Public Resources Code relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. Applicant/ Contractor During Grading Director. of Development Services During Grading CUL -4 If more than one Native American burial is encountered during anv earth removal or disturbance activities, a "Mitigation Plan" shall be prepared and subject to approval by the City of Seal Beach Development Services Department. The Mitigation Plan shall include the following procedures: Continued Native American Monitoring Applicant/ Contractor During Grading Director of Development Services During Grading o All ground disturbance in any portions of the project area with the potential to contain human remains or other cultural Final e April 2012 3 -6 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Miti gation Number �wr � Mi iganon;Measure Implementation yn; Responsibility m, , ontorn g = ; Responsibility m ' VERIFICATION OF COMPLIANCE 'a Initials - ..':�, Date P n #.�;. ,' emarks material shall he monitored by a Native American representative of the Most Likely Descendant (MLD). Activities to be monitored shall include rough grading and grading of previously undisturbed deposit, with the exception of contexts that are clearly within undisturbed soil profiles. • Exposure and removal of each burial shall be monitored by a Native American. Where burials are clustered and immediately adjacent, one monitor is sufficient for excavation of two adjoining burials. • Excavation of test units shall be monitored. Simultaneous excavation of two test units if less than 20 feet apart may be monitored by a single Native American. • If screening of soil associated with burials or test units is done concurrently with and adjacent to the burial or test unit, the Native American responsible for that burial or test unit will also Final e April 2012 3 -7 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report e. .; Mitig anon umber ,� �k�",.v3 ' 4 M+k y t`a � T� b �`• in anon- Measure „ e ton Responsibility minoring Res onsib h ty g VERIFICATION aA. F� COMPLIANCE » Ty...C.., O , . (Initials Date ;Remarks monitor the screening. If the screening is done at another location, a separate monitor shall be required. o All mechanical excavation conducted in deposits that may contain human remains (i.e., all areas not completely within undisturbed soil profiles) shall be monitored by a Native American. Notification Procedures for New Discoveries Y When possible burials are identified during monitoring of mechanical excavation, or excavation of test units, the excavation shall be temporarily halted while the find is assessed in consultation with the lead field archaeologist. If the find is made during mechanical excavation, the archaeologist or Native American monitoring the activity shall have the authority to direct the equipment operator to stop while the find is assessed. If it is determined that the find does not constitute a burial, the Final o April 2012 3 -8 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report MNm u atxon i4jLiernntation M = i ry:. -_ " xtgatxon,Measurembe Responsibility' �.T ontocii g es onsxbxh tY ,x Txin_ mbpp,: F ICA- TIY ON .V�ER$ Ir t w OF COMPLIANCE Initials � Date mechanical excavation shall continue. 0 If the find is determined to be a human burial, the lead archaeologist shall immediately notify the Site Supervisor for the developer, as well as the Principal Investigator. The Principal Investigator shall immediately notify the MLD and the Director of Development , Services for the City of Seal Beach. Identification of Additional Burials ® For all discovered human burials, attempts shall continue to be made to locate additional burials nearby through hand excavation techniques. This shall be done through the excavation of 1 x 1 meter exploratory test units (ETUs) placed along transects extending radially from each identified burial or burial cluster. The spacing of the ETUs shall be determined upon consultation with the Project Archaeologist and the MLD. The radial Final o April 2012 3 -9 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report ..h...,, ationa_ umber. ; . : v,wMia anon Measure ss :% „ ;,' M zIm lementanon ._ P , . „Res onsibihy'5 i'f:� :,,; ^„F ;; - -. Timmry ,�. e : >�i ..Responsibility a� ` g t VERIFICATION `° r.. -� OF COMPLIANCE a., r>t;x • Initials - -s `;� ;h: e Date x ;4, " Remarks i!'1..�., transects shall be designed to test areas within 50 feet (15 meters) from the edge of each burial or burial cluster. Excavation of these units shall be limited to areas containing intact cultural deposit (i.e., areas that have not been graded to the underlying undisturbed soil profiles) and shall be excavated until the undisturbed soil profiles are encountered, or to the excavation depth required for the approved grading plan. The soil from the ETUs along the radial transects shall be screened only if human remains are found in that unit. e Controlled grading shall be conducted within these 50 -foot heightened investigation areas with a wheeled motor grader. The motor grader shall use an angled blade that excavates 1 to 2 inches at a pass, pushing the soil to the side to form a low windrow. Monitors shall follow about 20 feet behind the motor grader, examining the ground for evidence of burials. Final e April 2012 340 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report xMiti anon g uriA lN•umber Y t .. - ELY Miti gat n Measure` t`+ to g, ,x Im lementation _- e Res onsibthg P 1 .y., :. Timm , s _ lVlomtonn g Res onsiliili P t3' :` T- g VERI=FICATION= OF.C®MPLIANCE t t t Initials Date Remar k s« ' o When a burial is identified during controlled grading, the soil in windrows that may- contain fragments of bone from that burial shall be screened. At a minimum this shall include the soil in the windrow within 50 feet of the burial in the direction of the grading. o If additional burials are found during controlled grading, additional ETUs will be hand excavated in the radial patterns described above. Burial Removal and Storage • Consultation with the MLD shall occur regarding the treatment of discovered human burials. If the MLD determines it is appropriate to have discovered human remains pedestaled for removal, that activity shall be conducted in a method agreed to by the MLD. • After pedestaling or other agreed upon burial removal program is completed, the top of a burial shall be covered with paper towels to act as a cushion, and Final o April 2012 3 -11 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report #k -T :sue a _ Mtttgatton h N•umbei ° ;-C� 3 �`r -.., _ g . ,`:` .,,Y- °" +"��`. ,� s i t, r: '�.. V -ti ` ` ' , > L tMtti anon Measure. g mgr f Ham' __''+,,,_, "-•, �;.,, � . r si.�=' ,> ,.�..,: -v� ;. ter•' ''": :,.Im lementation `.P _ ..Ttmin Res onsibih ��`r e -�`_ '�� s<.'� a f cam_ rr rca :,� g _ 'ate u`st i � #; .�' Moniform = t g Res onsiUrh a �- s .�- ,.;`:;st,;,, �i w" :. u;= ��,. x T;,, liming a tb�,y �z'� a �Si:-L.: µ �• VERIFICATION _ ''i ",i•;�s -. ,R, rc.,�; 'K 4 �, '�' ^:;. �r y4.'•j OF COMPLIANCE= M -fit= -� x-a= Initials' Da te : R mema rk s a...., then a heavy ply plastic will be placed over the top to retain surface moisture. Duct tape shall be wrapped around the entire pedestal, securing the plastic bag and supporting the pedestal. Labels shall be placed on the plastic indicating the burial number and the direction of true north in relation to the individual burial. Sections of rebar shall be hammered across the bottom of the pedestal and parallel to the ground. When a number of parallel rebar sections have been placed this way, they shall be lifted simultaneously, cracking the pedestal loose from the ground. The pedestal shall then be pushed onto a thick plywood board and lifted onto a pallet. A forklift shall carry the pallet to a secure storage area or secure storage containers located on the subject property. o If another agreed upon burial removal program is utilized, that method shall be carried out in a manner agreed upon after consultation with the GILD and concurrence by the Director of Develo ament Services. Final ® April 2012 3 -12 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report MtCh Mitigation Number ; mgation<Measure Im p lementation' R esponsibihty Momtorm Res onsibth tY � VERIFICATION � PLIN OF COMPLIANCE ; E M1 k= Initials,, s Date t e em-'a arks Study of Burial Remains o If the burials are removed in pedestal and are incompletely exposed, osteological studies are necessarily limited to determination (if possible) of age, sex, position, orientation, and trauma or pathology. After consultation, and only upon written agreement by the MLD, additional studies that are destructive to the remains may be undertaken, including radiocarbon dating of bone or DNA studies. If the MILD determines that only non- destructive additional studies may be allowed, one shell may be removed from each burial and submitted for radiocarbon dating. The assumption here is that the shell would have been part of the till for the burial pit, and therefore would provide a maximum age for the burial. o The MLD may indicate a willingness to consider some additional exposure and study of the skeletal material removed from the sites. Such study Final o April 2012 3 -13 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report G - . Mitigation, Number - � i.4. �:.— by .-`y "`..*;' "� :, , „. ,;m , t Measure ,s ° a .. M tigauon 4 � •.t ,,, ,�;; �u� r , .,_.. „; ��r�; s, � ti �.. SG ,i'. #'h •. .;� 4 Im lementanon, . , P4 � s,, i � Res onstbth . � P tY tAE... 1 Ttmin � ,..; g- - � Monitonn h,. g ,:Res onsibth �: P tY,, „. i�.. 1'-Y:,. '�+� . g -, :VERIFICATION °OF COMPIIAN,CE Inyrlals Date Retn, arks .., ' tee; would not involve removal of the remains from the project area, but rather would be undertaken near the storage area. To the extent allowed by the MLD, the bones would be further exposed within the existing pedestals or other medium containing the human remains and additional measurements taken. Consultation with the I\ LLD regarding the feasibility of these additional studies prior to reburial would occur. Repatriation of Burials and Associated Artifacts • Once all portions of the project area have been graded to the underlying culturally sterile marine terrace deposits, or to the excavation depth required for the approved grading plan, the repatriation process shall be initiated for all recovered human remains and associated artifacts. Once a reburial site has been identified and prepared, the remains and associated artifacts shall be transported from the secure stora_e area to the site for Final 9 April 2012 3 -14 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Min anony- wg s ;umber ::.M MiugatioiiMeasure; n, r. _ , Vi � , Implementation P p Res onsibihm sp r � : n r , in ;Monitonn Vin° i� gi `' . °r Res onsibih p tyr a �' Timm * t ,. g c,r,l = r at = VERIFICATION ,...,;;, OF COMPLIANCE t R , l {Initias Date Remarks ..._.� ;£��` reburial. _Appropriate ceremony will be undertaken during this process at the discretion of the MLD. Additional Studies Considerable additional data relating to regional research issues may be uncovered if substantial numbers of human burials and other archaeological features are encountered during the construction monitoring for the development. If this occurs, additional analysis shall be conducted. The analysis shall be designed to more completely address the research issues discussed in the approved "Research Design," and to provide additional mitigation of impacts to the sites in light of the new finds. The . following studies would be potentially applicable: o Radiocarbon Dating. In considering the implications of the burials in interpreting site use and regional settlement, it is critical to assess the time range represented by the interments. Do they correspond to the full temporal range of site use, or only a limited timeframe? Althou.h direct dating of the Final e April 2012 3 -15 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report ^• a Mitigation Number , t auori Measure lm ementa� tio n Responsibili `J o.. n i torin g .Responsibili ty ng VERIFICATION' O "-"- F COM' PLIA N CE 1 Init :.als +-.. .� Date 3 .Remarkss bones may not be possible due to the destructive nature of the radiocarbon technique, the MLD may approve the removal of a single shell from the interior of each burial for dating. Although this shall not provide a direct date of the burial, assuming the shell was part of the burial fill it should provide a maximum age (that is, the burial should not be older than the shell). In addition, an equivalent number of additional samples from non - burial contexts would also be taken for comparative purposes. These data would provide a more secure measure of the intensity of occupation during different periods. e Animal Interments. Animal interments may be discovered within the project area. Because these are not human remains, somewhat more intensive study is possible. Because these features are uncommon and represent very, culture- specific religious practices, they are useful in reconstructing cultural areas during certain times in srehistory. Analysis of animal Final a April 2012 3 -16 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report "`" `; J in aon Number t; =..�.� k.. �° • -; =' ''k<^' r � ': �: 'K,.' » R .;:' t ation Measure :�i �. r � :a. � r3 ' ralk 3", i , ;,�, ,"� ,_:� t �-, ��,,.: �,E`•.. Implementatio ; .: Res onstbih ,,,;.. ; : �,,. E. � .,.a' + j,� `. is vin ::. —,„-' •` '. =' ,u _ � '� _ ° o"s te,nrt,.; onn Res onsibih 'tie,° 'f� tic ,� �- ,. .: '.. it Timm g � .' � €may, •" k�,S VE.d RIFIr � Initials' i 1 +1k,C C ATION � s;;, � t ,'yy`S�7 .x' S CE _ OF COmM- PIA.,N . e Date t ' W Remarks:;, ; interments will include: (1) exposure to determine burial position; (2) photo documentation; (3) examination of skeleton for age /sex; traumatic injury, pathology, butchering, or other cultural modification; (4) radiocarbon dating; and (5) examination of grave dirt for evidence of grave goods or stomach contents. Curation Cultural materials recovered from the cultural resources monitoring and mitigation program for the development shall be curated either at an appropriate facility in Orange County, or, in consultation with the City, at the San Diego Archaeological Center. Preparation of Final Report The final technical report shall be prepared and submitted to the City within 12 months of the completion of the archeological field work. The report shall conform to the guidelines developed by the California Office of Historic Preservation for Archaeological Resource Management Reports (ARMIR). It will be re•ared in sufficient •uantitv to Final o April 2012 3 -17 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation .' ' _ Numberp Mitigation = Measure Im le,. me:nti ati on onsibih ty . « . . . �,• Mon.i .- i torin Res onsib4h tY 5 . 4» =�s ?� _ g ,. # unin ..,b. v4',S;eYi. t VERIFICATION' � .__ . »+VO:#1i1. F C, .tiOM PLIAi N 3 C E m ,' In= itials Date „ 'Remarks „, y 4' distribute to interested regional researchers and Native American groups. It shall thoroughly document and synthesize all of the findings from all phases of the cultural resources program. Funding shall be provided by the landowner. TRAFFIC /CIRCULATION TRA -1 Prior to Issuance of any grading and /or demolition permits, whichever occurs first, a Construction Management Plan shall be submitted for review and approval by the Director of Development Services. The Construction Management Plan shall, at a minimum, address the following: o Traffic control for any street closure, detour, or other disruption to traffic circulation. • Identify the routes that construction vehicles will utilize for the delivery of construction materials (i.e., lumber, tiles, piping, windows, etc.), to access the site, traffic controls and detours, and proposed construction phasing plan for the project. Applicant/ Contractor Prior to Issuance of Grading/ Demolition Permits Director of Development Services; City Engineer Prior to Issuance of Grading/ Demolition Permits; During Construction Final April 2012 3 -18 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation g Numbers _, 'liitigaidLs , . ure ^ . tion Responsibility ! .. , N g .. Mon torm g; Responstbtlity #. r'. 1Ii1F1CAT1ONOFCOMPI* ANCEImplementa o F Inttials Date Remarks • Spccify the hours during which transport activities can occur and methods to mitigate construction- related impacts to adjacent streets. • Require the Applicant to keep all haul routes clean and free of debris, including but not limited to gravel and dirt as a result of its operations. The Applicant shall clean adjacent streets, as directed by the City Engineer (or representative of the City Engineer), of any material which may have been spilled, tracked, or blown onto adjacent streets or areas. • I- Iauling or transport of oversize loads shall be allowed between the hours of 9:00 AM and 3:00 PM only, Monday through Friday, unless approved otherwise by the City Engineer. No hauling or transport will be allowed during nighttime hours, weekends, or Federal holidays. • Use of local streets shah be prohibited. Final o April 2012 3 -19 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report M non Number - s " ,' 'ry Miti atonMeasure',l; g ..;r ' t 's, n ., "'*" {x' e `Im lenientatiori °?J P.,, _ Responsibil ty j «3 Y l7i�k"„x•.. a9 Trmin _ g,` _.. yMo o�rin s °" r ... t Responsibility }, S U i Tixnin l t I:?'`. .c•...>_ UERIFICAT IUN_OF-CON '_ -'_3�° -ter PI IANG °E '"�- -� I: it ImtialsG ,Da`te".«. Remark, o Haul trucks entering or exiting public streets shall: at all times yield to public traffic. o If hauling operations cause any damage to existing pavement, streets, curbs, and /or gutters along the haul route, the applicant shall be fully responsible for repairs. The repairs shall be completed to the satisfaction of the City Engineer. o All constructed - related parking and staging of vehicles shall be kept out of the adjacent public roadways and shall occur on -site or in public parking lots. This Plan shall meet standards established in the current California Manual on Uniform Traffic Control Device (MUTCD) as well as City of Seal Beach re 0 uircments. TRA-2 Prior to issuance of any grading permits, a Landscape Plan shall be submitted to the City Engineer verifying that all landscaping and /or hardscapcs shall be designed such that a driver's clear line of sight is not obstructed and does not threaten vehicular or pedestrian safety consistent with Figure 10- la, Site Distance Applicant Prior to Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit; Plan Check Final o April 2012 3 -20 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mite anon, .• g Number 'n € +. '.Ii. .T .s Malga _"tionMeasure 4 't .... ,� . k ,�•x�.: —as Analysis Project Access Points at Marina Drive, and Figure 10 -2, Site Distance Analysis Project Access Points at Fint Street, of the Supplemental Traffic Assessment Ocean � � Y�.e ii� Im lementation P.. Responlity „ l ,;'i h i*i's� . ;; _ . „. Ttmui g iii �:�' �i ,..•�.� Moni'tonn p,___� . Responsibihty m H, s f i. - 'i -�.�: 9 Timtn In1, ;.G�: VERI "FICATION'OF t "�:-.ijw - it 9i` G®1VIPI.IAIVGE Le ',Initials U Date F Rem arks Place Resident al Project — Alternati P1anTe j%c Impact _1na_sis Report for the Dc�zn Place Rt.virlrwtial Pr jcct (Traffic Impact Analysis), prepared by Linscott, Law & Greenspan Engineers 27, (October 2044 Mav 22. 2012) The Traffic Impact Analysis is included in Appertdh 11.5, T. c Lnpact 1;r rhsir of this FIR and is _ incorporated by reference into this mitigation measure. TRA -3 Prior to the issuance of any building permits, a "STOP" sign and stop bar shall be installed at the project driveway ('A' Street) `A') Marina Applicant Prior to Issuance of Building Permit City Engineer Prior to Issuance of Building Permit; Plan Check and alley (Alley on Drive and at the project driveway (B' Street) and alley (Alley `BD') on 1" Street. Appropriate striping, signage, and /or pavement legends shall also be installed in accordance. with Seal Beach standards. These improvements shall be indicated on the grading plan and Final Tentative Tract Map and shall be submitted to the City En rineer for review and a .roval. TRA-4 South of Marina Drive, the project applicant shall restripe 1st Street within the proposed 40 -foot paved cross section to provide one 16 -foot southbound departure lane, a 10 -foot northbound left - turn lane, and a 14 -foot northbound Applicant Prior to Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit Final o April 2012 3 -21 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Miu anon i g Numbers_, a :i`'x y= A �a t . ., irrigation Measure ; g. _ � , -, � ril 4 i-" M� ._ . Im lementation R,:,. "P r Responsibihryi _ i. ,� E: =• _ _ Ttmtn g " �� . � �, t ,-4,y gym. a K ,; .. � �Moriitonn gl, Res onsibili p tY •w• ,h, , Ttmin g `t` { , "'Y � � a �. VERIFICATION ", �`li OFCOMPLIANGE (v. 7 .;+ i Initials? � 1 Date ? :.y„,i .. eaa>m is , Remarks "��`„ shared through /right -turn lane. South of Marina Drive, the project applicant shall modify the existing median and roadway cross section to minimize the offset through the intersection and realign the southbound approach with the proposed northbound approach on 15' Street. Within a recommended paved cross section of 40 -feet, the project applicant shall provide one 16 -foot northbound departure lane, a 10 -foot southbound left - turn lane, and a 14 -foot southbound through lane; a separate southbound right -turn lane shall be maintained. These improvements shall be installed prior to the issuance of any building permits, and shall also be indicated on the grading plan and Final Tentative Tract Map and shall be submitted to the City Engineer for review and as royal. AIR QUALITY AQ -1 Prior to issuance of any Grading Permit, the Director of Public Works and the Building Official shall confirm that the Grading Plan, Building Plans, and specifications stipulate that, in compliance with SCAQMD Rule 403, excessive fugitive dust emissions shall be controlled by regular watering or other dust prevention measures, as specified in the SCAQMD's Rules and Regulations. In addition, SCAQMD Rule 402 requires im lementation of dust sus.ression Applicant/ Contractor Prior to Finalization of Grading Plans, Building Plans, and Specifications; During Construction City Engineer and the Chief Building Official or Designee Prior to Finalization of Grading Plans, Building Plans, and Specifications; During Construction Final o April 2012 3 -22 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report zMNt ti .� t atton i ribr m i'I P -S 3:u i.- y f's,.. -1 - Li 3"• +; . IJi'1gat'onMeasure I.^ ■ mptementatto' Res onsibit ty o. rntot7ri}it !+H e spo nstbt yw uM S5'V ER°- IFi I CL A I�t e ON . Date r O F =COM_ PL I C E AN",,,. a � . pals ,e+: i �Remarks,9 techniques to prevent fugitive dust from creating a nuisance off -site. Implementation of the following measures would reduce short -term fugitive dust impacts on nearby sensitive receptors: • All active portions of the construction site shall be watered at least twice daily to prevent excessive amounts of dust; • On -site vehicle speed shall be limited to 15 miles per hour; • All on -site roads shall be paved where feasible, watered as needed (to maintain a moisture content of 12 percent), or chemically stabilized; • Visible dust beyond the property line which emanates from the project shall be prevented to the maximum extent feasible; • All material transported off -site shall be either sufficiently watered or securely covered to prevent excessive amounts of dust s rior to de artina the job Final ® April 2012 3 -23 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation ;„ Number , „a + +;+ .: e c'; eMin anon4'Measure mss, g '. +eke:, +r. € Im lementatton P; a, Responsibihry, _: . ,F mat‘ rt Momtoriia g Responsibility. r Ttmtngg k iInifia1I VERIFICA«TIOIV OF COMPLIANCE • v � --;; Dat es �. � ta,3i gRemarks site; • Track -out devices shall be used at all construction site access points; o All delivery truck tires shall be watered down and /or scraped down prior to departing the job site; • Replace ground cover on disturbed areas quickly; and • Implement street sweeping program with Rule 1186 - compliant PMn efficient vacuum units. ACS -2 All trucks that are to haul excavated or graded material on -site shall comply with State Vehicle Code Section 23114 (Spilling Loads on Highways), with special attention to Sections 23114(b)(F) and (e)(4) as amended, regarding the prevention of such material spilling onto public streets and roads. Prior to the issuance of grading permits, the Applicant shall coordinate with the appropriate City of Seal Beach Engineer on hauling activities com fiance. Applicant and Contractor Prior to Issuance of a Grading Permit, During Construction City Engineer and the Chief Building Official or Designee Prior to Issuance of a Grading Permit; During Construction Final 0 April 2012 3 -24 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report �.�a� �. � Mta ° tion > Number _ �,6'�t '�=,' ��'; Miti anon Measure a LL y -t` �i •1 � � Iin lementatton ...� Res onsibih p -� .ir- .�,� Timm 4, >, g , r, may, ` �3 �, �, . Moriitoxin" ;, , . ... „Res onstbilt �, : a Tirnm °c" L g >;" �,� >h �, � � k `VERIFICATION =s . �� .i , 3,-�. NI`PLI'ANGE Intttals. Date Remarks NOISE N -1 Prior to Grading Permit issuance, the Contractor Prior to Director of Prior to project shall demonstrate, to the Issuance of a Development Issuance of a satisfaction of the Seal Beach Grading Services Grading Development Services Department that the project complies with the following: Permit Permit; During o Construction contracts specify that all construction equipment, fixed or mobile, shall be equipped with properly operating and maintained mufflers and other State required noise attenuation devices. o The Applicant shall provide, to the satisfaction of the City of Construction Seal Beach Development Services Department, a qualified "Noise Disturbance Coordinator." The Disturbance Coordinator shall be responsible for, responding to any local complaints about construction noise. When a complaint is received, the Disturbance Coordinator shall notify the City within 24 -hours of the complaint and determine the cause of the noise com faint 'e.g., starting Final o April 2012 3 -25 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report } ',Mitigation Number a .,, �T _ Alga non= Measure., . N Im lementanon P P n a sk Timtn € Monitonn g Res onsibih P t3, is f1imii VERIFICATION O_ F COMPLICE ., . gs391 ; 6. mtials �Date� - .4 nar 3g �; " ` � Remarlts �,_,� • • too early, bad muffler, etc.) and shall implement reasonable measures to resolve the complaint, as deemed acceptable by the City Development Services Department. The contact name and the telephone number for the Disturbance Coordinator shall be clearly posted on -site. Solid noise attenuation barriers (temporary barriers or noise curtains) with a sound transmission coefficient (STC) of at least 20 shall be used along the eastern project boundary (along 1 Street) during the construction grading phase only. Noise attenuation barriers constructed at the property lines to a height of 10 feet with an STC rating of at least 20 are capable of reducing noise levels by 7.7 dBA. When feasible, construction haul routes shall be designed to avoid noise sensitive uses (e.g., residences, convalescent homes, etc.). Final o April 2012 3 -26 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report ligation:, Number. a Mtn"ation,Measure� , „ M : Im P lementadon ,: _.:,,: .;'t Timm,` Monitonn - y'Res onsibtli " .;_ Tmim re ;' • VERIFICATIONQ - OF COMPLIANCE_ r,_ F P Res onsibih Initials mi ° Dates Remarks • During construction, stationary construction equipment shall be placed such that emitted noise is directed away from sensitive noise receivers. o Construction activities shall not take place outside of the allowable hours specified by the City's Municipal Code Section 7.15.025 (7:00 a.m. and 8:00 p.m. on weekdays, 8:00 a.m. and 8:00 p.m. on Saturdays, and 9:00 a.m. and 8:00 p.m. on Sundays or holidays). GEOLOGY AND SOILS GEO -1 Prior to issuance of any grading permit, the project applicant shall prepare a Final Soils /Geotechnical Engineering Report for review and approval by the City's Engineer. The Final Soils Geotechnical Engineering Report shall be prepared by a professional engineer and certified engineering geologist licensed by the State of California, in consultation with a corrosion engineer, and demonstrate compliance with the following recommendations identified in the Preliminary Geotechnical Evaluation for Proposed Residential Development, prepared by GeoTek, Inc., dated Se itember 12, 2005, Applicant Prior to Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit Final o April 2012 3 -27 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report '� 'n Y'1. ' .... N 4 t ligation g fir, Numbec,, o* at ,I y,rSt. -.. , i�';i:s '� . , '�'" „`. ' . .@ i(., = � �� -,�. ,� .��.at „� ,�� _ ; ti anon g iii ii ., _. er ...t -a* "Im lementanon gyp, ... €Res onstbth o,�, P ;� �c " 7 ?` r , .ti.. - .�� g y.i[* �, ,. Monitoring Monitonn '� g Res onsibili., p rye. n•`i*' Vii; .as ,a 5 �„R `i' �� ,r,VERIFICf1TIO1V•OF, av ,,an, ":�„ ., aen .t. lA �;,r ., i COMPLIANCE Initials D a Remarks and the Geology, Soils and SeismiciO, Report in Support of DIVP Spe4lic Plan Amendment EIR, Seal Beach Calzfornia, prepared by D. Scott Magorien, C.E.G. Consulting Engineering Geologist, dated June 27, 2011, and any additional recommendations identified by the City's Engineer. The Preliminary Geotechnical Evaluation and Geology Report are included in Appendix 11.8, Geology Soils, and Seismicity Data of this EIR and are incorporated by reference into this mitigation measure. The following recommendations shall be addressed and incorporated into the Final Soils Geotechnical Engineering Report: Earthwork Considerations Earthwork and grading shall be performed in accordance with the applicable grading ordinances of the current California Building Code (CBC), and the following recommendations. The Grading Guidelines included in Appendix D of the Preliminary Geotechnical Evaluation for Proposed Residential Development, prepared by GeoTek, Inc., dated September 12, 2005 outline general procedures and do not anticipate all site- specific situations. In the event of conflict, the following recommendations shall supersede those contained in An.endi_x D of the Final o April 2012 3 -28 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report 1i wa Mtn anon Number • t.. "' lr r, ku- I.s 1; "1 ,x a.. a.wImplementanon rogation: Measure';; ' r: , ., ,..i °.._ ".. a �i" v :, .. ",.. r, ,.. , 1 .. ru ,Responsibility P v � - ,.�e.' :, ... :!,luio ,_ _ o a _ a, Timm � , ,,.. ? , , . ' .., r ^'. `' .! :•. rm Monito g Res onsibih . f< P,,. t3� •'w- Timin,* y tl'.. .,fit ,t VERIF ICATION�OF°COMPL-IANCE 5n , ii In ls� Date . • Re marm ks ,' Preliminary Geotechnical Eva%ztation for Proposed Residential Development. • • Site Clearing. In areas of planned grading or improvements, the site shall be cleared of vegetation, roots, and debris, and properly disposed of offsite. Any holes resulting from site clearing, tree removal, and /or the backhoe trenches excavated shall be replaced with properly compacted fill materials. • Fills. Any import fill shall consist of relatively low - expansive soils (EI <50) and shall be evaluated by a Registered Civil Engineer /Geotechnical Engineer, approved by the City, prior to arrival at the project site. The fill materials shall be compacted in layers no thicker than 8 inches to at least 90 percent of maximum dry density with a moisture content of at least optimum, as determined in accordance with American Society for Testing and Materials (ASTIR) Test Method D1557 -00. Those area to receive fill shall Final o April 2012 3 -29 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Vi agat i o n Number `(� >,�: �'""L'i.l y M tn atioi Measure r -" ^��.> a ' "!;. 5a w,,i. m lementatton es onsibih t "mrg �,•£ > ,. outonn j es onsrbrh -u. ,,,.� fir, nm VERIF ICATION OF C OM_' P LIAi�� N Initials £�t � , Date .Date i *� Remarks • be scarified to a depth of 8 inches; moisture conditioned to at least optimum moisture content and recompacted to at least 90 percent of maximum dry density. Removals. Existing fill materials shall be subject to complete removal and recompaction within the limits of grading. In those areas where the depth of existing fill materials extends below the groundwater table, the upper eight to 10 feet of soil, along with organic and other deleterious materials, shall be removed. If saturated and yielding subgrade conditions are encountered upon removal of the upper soils within those areas exhibiting a shallow ground water surface, the contractor shall place uniform sized, 3/4- inch crushed rock within the area exhibiting the "pumping" conditions. The crushed rock shall be properly tracked into the underlying soils such that it is adequately intruded into and interlocks with the soils. The Final © April 2012 3 -30 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report _" Mrtrgation _._ Number ,+ pfa ,. ...i.=.11 rv"_Gr`ti' d':— _'1i,,_ 2 u-. =i _ �: ,._`^ . � ..., Mrtt anon Measure a t _ g t i : M : •, ri . -. y`cYe. 4.b Im lementation 'Res onsrbih fi +' ( t' atv4 . , Pimin r „. g y +I Iii S ", k YT:,r Monitoring Res 'onsibih `9�.. �k, „ ., Tvnin, r .=.,'R .n u•�1i cis., V-ERIFICATwION,OF'COMPLIANCE l ....; 5,, Initials I °xa Date � �t x Remarks � necessary thickness of the crushed rock shall be evaluated during ,construction. Following the placement and tracking of the gravel layer into the underlying "pumping" soils, Mirafi 600X stabilization fabric (or approved equivalent) shall be placed upon the gravel layer. Fill soils shall then be placed upon the fabric and compacted to a minimum 90 percent relative compaction (based on ASTM test method D1557) until finished grades are reached. The gravel and stabilization fabric shall extend at least 5 feet laterally beyond the limits of the "pumping" areas. These operations shall be performed under the observation and testing of a professional engineer of a certified engineering geologist licensed by the State of California, approved by the City in order to evaluate the effectiveness of these measures and to provide additional recommendations, as warranted. Following the completion of rough grading at the site, settlement monuments shall be Final o April 2012 3 -31 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report as :: s�+i . � Mrtt anon g Number �9 a „_ '_ , ij U = '+"<i ":8 "�a. S _� i � , y:::> €�.. -a '_ Mite auon;Mcasure: "'(� i � g J awl r I N'_:�' ,i,� k +`` Im 'lementanon, lid 9ii.�~:�; , "Res onsibih P ty (, G .,'�i =.+�� :, Tunin + i � g , I'.. ��F Monitorm ,! �� ,E. °gi�i esponsibih t _ •,. M ', r ��;,�'Tunin g i ' � ;k ! Ohs � VERIFICATION ..t �t _ a� �'+�. OF COMPLIANCE`, Initials Date �ilr Remarks .. 0 installed at finish rough grade. These monuments shall be established based on a known bench mark and their elevations shall be monitored by a licensed land surveyor on a weekly basis. The surveyor's settlement monument data shall be reviewed weekly by the Registered Civil Engineer /Geotechnical Engineer, approved by the City. This monitoring shall continue until the consolidation is deemed to have sufficiently stabilized. Once it has been concluded that the remaining settlement is within acceptable levels, the settlement monuments may be destroyed and fine grading may proceed. Excavation Characteristics. All temporary excavations for grading purposes and installation of underground utilities shall be constructed in accordance with Occupational Safety and Health Administration (OSHA) guidelines. Final o April 2012 3 -32 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report i Miti a tionryt � Number i ar �� ,iw'�` �,. ,ter' � - � :�`w•`? Mitigation Measure . - e n =r -- µ. ip _ - w t�'' ' t. . E , k i� � � � :a,;. 1� �-. I m�a pK., � le me{n tat on Responsibility n �*'— - -� , , �... �i � _ �, � r �T�unin y, �.: _ 4 � � 4 t;r Mooiir =t_ •' onn g° Res onsibih tY �, r "- —.� w , � ul m � 4" a,. '' _ ��.t. a ;, � ATIONOF � *t .i a., l C OM P LIAr NMi Initials Date u� � � Remarks�� o Expansive Soils. Placement of any clayey soils within three feet of finish grades shall be avoided. Foundation Support o Conventional Foundation Recommendations. In the areas where complete removal and rccompaction of the upper soils can be accomplished, the proposed residential structures shall be supported on conventional continuous or isolated spread footings bearing entirely upon properly compacted fill materials. Foundations supporting single story structures shall be constructed with an embedment of at least 12 inches below finish grade, while those supporting two -story structures shall be constructed with an embedment of at least 18 inches below finish grade. At these depths, footings shall be designed for an allowable soil bearing value of 2,000 pounds per square foot (psf). This value shall be increased by one -third for loads Final ® April 2012 3 -33 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report `L Mitiga tton Number .Y J1 VI 's yq iri ation Mea sure I ms= p l ementation w es onstbt h ty , Timq m ; t ; o. ntorn g Res onsibih m Ain ga C � VERIFICATION EV t O _F �F y7" � CCM',�_ r PLlA N C„sEue s Initial's' ' Im x . _...m... _ Date .-., Remarks " s; . m � � ,..... _ of short duration, such as wind and seismic forces. Continuous footings supporting single -story structures shall have a minimum width of 12 inches, while those supporting two -story structures shall have a minimum width of 15 inches. Based on geotechnical considerations, footings shall be provided with reinforcement consisting of two No. 4 rebars, one top and one bottom. A minimum width of 24 inches for isolated spread footings shall be provided. Passive resistance to lateral loads shall be computed as an equivalent fluid pressure having a density of 250 psf per foot of depth to a maximum earth pressure of 3,000 psf. A coefficient of friction between soil and concrete of 0.30 shall be used with dead load forces. When combining passive and frictional resistance, the passive pressure component shall be reduced by one - third. o Special Foundation Systems. In the areas where incomplete removals are performed and /or Final o April 2012 3 -34 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Monstorrng VERIFICATION L1 iW Mitigation Mitigation Measure., Mitigation Monitoring and Reporting Program —.•.,,-.1,: . ;',. • Implementation Implemen • • in Tim mg — gibthtV itesPnn - " -.. . • . , N e■ . COMPLIANC • Inifials , te Da „Rem the potential for seismically induced differential settlement exists, special foundation e;x1tems such as mat systems post-tensioned slabs, or drilled pier foundation systems shall be considered for support of the proposed residential structures. If mat foundations are used to support the proposed residential structures, the mat foundations shall be designed to bridge voids that may develop under the slab due to differentia i settlement. The mat foundation shall be founded waUna compacted fill materials, with 8 minimum embedment grade. For inches below finish gra . or mats founded on soft, wet, special cohesionless soils, speci, preparation of the bottom shall be required to p support construction traffic. Mat foundations shall 1): l - reinforced to relatively rigid structural unit in accordance with the structural engineers design. For an oreliminai - design .0 ooses, a Monstorrng VERIFICATION L1 iW Mitigation Mitigation Measure., Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number sF ,, -;r.M, ,,,. Miti`° . x Mitigation Measure Implementation, �. Responsibility '. - Tuning l ix `� y Monitoring - Responsibility � ": Timing. . � , % ,Tm9�- „�., VER FICATION OF COMPLIANCE. 1'P r Initials Date, aRemarks uncorrected modulus of subgrade reaction of 100 pounds per cubic inch (pci) shall be assumed. For large foundations, the modulus shall be reduced by 75 percent (i.e., to 25 pci). Actual geotechnical design parameters shall be provided upon completion of a more complete geotechnical evaluation of the proposed building site. If post - tensioned slabs are used to support the proposed residential structures, the structural design of post - tensioned slabs shall follow the recommendations of the Post- Tensioning Institute (PTI) Method and Section 1819 of the 2001 California Building Code (i.e., 1808 [Foundations] and 1808.6.2 [ Slab on Ground Foundations]). Based on the geotechnical data acquired during the subsurface exploration, an allowable bearing capacity of 1,500 psf, and a slab - subgrade friction coefficient of 0.75 shall be used for design of post- tensioned slabs. Final design shall be verified based Final o April 2012 3 -36 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report � � a'�. c.•.. raill..� Mitigation Number n Yy`.,,:_ �b Mitigation Measure` � z . Implementation Responsibility Timing Monitoring Responsibility .. � Timing VERIFICATION OF COMPLIANCE I nitials Date Remarks upon actual soil conditions encountered and results of laboratory testing performed during or at the completion of site grading. If drilled piers are used to support the proposed residential structures, the drilled piers shall be designed utilizing either end - bearing or skin friction design. Drilled piers shall be embedded at least 5 feet within the alluvial materials or 14 feet below the existing ground surface (whichever is deeper). Design of drilled piers subjected to earthquake loading shall consider the effects of downdrag, due to the potential for liquefaction within portions of the fill. Because of the relatively high ground water level, along with the presence of poorly graded sands within the fill and alluvium, temporary casing or bentonite slurry shall be utilized to support the walls of the shaft prior to the placement of concrete. Further, the cleaning of loose slough from the bottom of the shaft excavation shall be Final • April 2012 3 -37 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation,... _ . Mitigation Measure . . 0 Timing — — Monitoring Res Orisibility Timing t- — ,., .... , Remarks • • warranted for drilled piers that will derive their support from end-bearing conditions. Seismic Desi n Parameters. Seismically resistant structural design in accordance with local building ordinances shall be followed during the design of all structures. For the purpose of seismic design, a Type B seismic source (L.A. Basin segment of the Newport-Inglewood Fault) located less than 2 kilometers from the site shall be used. Foundation Setbacks. Where applicable, the following setbacks shall apply to all foundations: o The outside bottom edge of all footings shall be set back a minimum of HU (where H is the slope height) from the face of any descending slope. The setback shall be at least seven feet and need not exceed 20 feet. o The bottom of all footings for structures near retaining - Initials Date - Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Miti g . g "ation . . :. n�. , , �; g Mitig ation Measure t ; • ;'t.: �� lmplementa non . , Responsby , � Timing gg R Y Montonn g' espnsibihtyNumber �u Tinmg° �Fa', O.. -M' PLIANCe E V7hu RIFICATa» IO,i N t O C Initials Date Remarks • walls shall be deepened so as to extend below a 1:1 projection upward from the bottom inside edge of the wall stem. o The bottom of any existing foundations for structures shall be deepened so as to extend below a 1:1 projection upward from the bottom of the nearest excavation. Slab -On- Grade. Where applicable, concrete slabs (including the mat foundations recommended above) shall be a minimum of four inches thick and reinforced as per structural engineer requirements. Control joints shall be provided to help reduce random cracking. Slabs shall be underlain by a four inch thick capillary break layer consisting of clean sand (S.E. of 30 or greater). Where moisture condensation is undesirable, all slabs shall be underlain with a minimum six mil polyvinyl chloride membrane, sandwiched between two layers Final • April 2012 3 -39 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number = .. ., ', Mitigation Measure , Implementation., Responsibility , � Timing � � �i Monitoring' Responstbihty ��, ry ail Timing ` VERIF,ICATION„OF COMPLIANCE �"Initiale 'Date �Reinaiks� ' �" • • of clean sand (S.E. 30 or greater), each being at least two inches thick. Care shall be taken to adequately seal all seams and not puncture or tear the membrane. The sand shall be proof rolled. This recommendation is based on soil support characteristics only. The structural engineer shall design the actual slab and beam reinforcement based on expansion indices of the finish grade soils, actual loading conditions, and possible concrete shrinkage. Soil Corrosivity. A corrosion engineer shall be consulted to provide recommendations for proper protection of buried metal pipes at this site. Utilities. Due to the project site's susceptibility to liquefaction and a considerable amount of seismically- induced settlement and lateral spreading, consideration shall be given to "flexible" design for on -site utility lines and connections. Exce • t where extending Final 0 April 2012 3 -40 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report p .._. ? Miti ation� gad t, Number 9i �- -{ 4`0 �, i i-, ,. �. + , Mm at<on'Measure T .,, gt .. Im lementation r _P Res p orisibih I) i g �i, �� ::_=: .� Morutorin ; ,Res onsibih ii xt "iti " - r` " VERIFICATION i:.: , �r ., OF `COMPLIANCE - In, [ i_ a1s Da", te e m ars perpendicular to /under proposed foundations, utility trenches shall be constructed outside a 1:1 projection from the base -of- foundations. Trench excavations for utility lines which extend under structural areas shall be properly backfilled and compacted. Utilities shall be bedded and backfilled with clean sand or approved granular soil to a depth of at least one foot over the pipe. This backfill shall be uniformly watered and compacted to a firm condition for pipe support. The remainder of the backfill shall be typical on -site soil or imported soil which shall be placed in lifts not exceeding eight inches in thickness, watered or aerated to 0 to 3 percent above the optimum moisture content, and mechanically compacted to at least 90 percent of maximum dry density (based on ASTl1 D1557). Concrete Construction Concrete construction shall follow the Final o April 2012 3 -41 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report �ipi � � Mitigation Number ��:'( J�:i[' � .,i G' � t('.'t : °! Mitigation Measure ;� d ta Im Plementrn 'Responsibility h s lilt � i hi Timing ,�) 14id Monitoring Responsibility: n h- � Timing . -`,$`. 1' S'•,i�, A °'�. . V ERIFICATIONOFCVIPLI, NE Initials .� .'Dates . , „,Remarks. California Building Code and American Concrete Institute guidelines regarding design, mix placement and curing of the concrete. • Cement Type. Type I1 cement or an equivalent shall be used in those concrete elements that will be in contact with the upper soils. • Control Flatwork. Control joints shall be provided in accordance with American Concrete institute Guidelines to control cracking of exterior concrete flatwork (patios, walkways, driveways, etc.). Other methods to control cracking shall include careful control of water /cement ratios in the concrete, along with taking appropriate curing precautions during the placement of concrete in hot or windy weather. Retaining Wall Design and Construction Recommendations presented herein apply to typical masonry or concrete vertical retaining walls to a maximum hei•ht of 10 Final • April 2012 3 -42 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report �.•,;� ,, n . g `5p anot n i Number - ,ti � �i � .,� 5 6 w. ° =�' gym," .,..ii � . i anon Measure ., -- � ' "�" �� Im e m, e n....,. r t.a�� n. on .. esponstbth ( „- i;;;t rw� i� r' �� °� $!MLO/p es nb ottli �5rap�i�.ry ,�;,t'T imm � VERIi FICA(T, ar ION ,i, � ��,- �. ®cr; F Cx iOlk MP,. LIA N E 1,, ( .:. Initials or Date Kph �. Remarks feet. Additional review and recommendations shall be required for higher walls. Foundations for retaining walls embedded a minimum of 18 inches into compacted fill shall be designed using a net allowable bearing capacity of 2,000 psf. An increase of one -third shall be applied when considering short -term live loads (e.g., seismic and wind loads). The passive earth pressure shall be computed as an equivalent fluid having a density of 250 psf per foot of depth, to a maximum earth pressure of 3,000 psf. A coefficient of friction between soil and concrete of 0.30 shall be used with dead load forces. When combining passive pressure and frictional resistance, the passive pressure component shall be reduced by one - third. An equivalent fluid pressure approach shall be used to compute the horizontal active pressure against the wall. The appropriate fluid unit weights are provided below for specific slope gradients retained materials. of Surface Slope of Equivalent Fluids ' RetainedEMatenals ms's Pressure''` Level 35 2:1 55 The above equivalent fluid weights do not include other su erim.osed loadin_ Final o April 2012 3 -43 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number Jls Mitigation Measure I m1�p;,16(1 l. a i(et ,. m e� nz .tqh .. ,ia: .Io'd n ,. Responsibility T,pi m g { " ,i Monitoring Responsibility T..u;.i.. . m�m , a g t� - -a VERIFICATION, . 'O:: II Fi ll .0 OM1MI�a a P 5 LIA., . .. NC. E .,1 ) '' Initials* Date M 'Rem conditions such as expansive soil, vehicular traffic, structures, seismic conditions or adverse geologic conditions. • Wall Backfill and Drainage. The onsite sandy materials possessing a low expansion potential that are used for backfill shall be screened of greater than three inch size gravels. If other materials are present the parameters provided shall be reviewed and if necessary, modification to the wall designs shall be made. The backfill materials shall be placed in lifts no greater than eight inches in thickness and compacted at 90 percent relative compaction in accordance with ASTM Test Method D1557 -00. Proper surface drainage shall be provided and maintained. Retaining walls shall be provided with an adequate pipe and gravel back drain system to prevent build up of hydrostatic pressures. Backdrains shall consist of a 4- inch diameter perforated PVC pipe embedded in a minimum of one cubic foot er lineal foot of Final • April 2012 3 -44 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report ...!fit" ai .... • Miti ation g, . w � Number ... .N , r. i ,,C r^,G, �,,.. _: � f.�vl , r. 5" r'" , f, ; ; , , ..:, , :' Mui anon Measure g t��, e��x��, � "»�,�w;.�s�„ .��a«:�� a��,�� it �,� �n <:.' i ._ ,.fir, - i 3n ,. Im _lementation "..�.P �- , ,, „�. , s�= Responsibility ��fl"u��a� ,i, �� My„ ,. ,�o key t„ .. �. .�,_� w�Timmg iir - .i�� - ,., V.� .,.I�i i ;' Motutonn = ��- � �� g Responsibihty-, � .�, ,,,�� B ?. ,. 4., r ,,. � u, .Timing ,��, -:,,. , ., :�... ., . r�,_ _ ,, ..VERIFICATION'�OF COMPLPANCE � � � ,� �� ti u!,g,n �� i °�1:•,�r r � Initials Date Remarks;,a;� 3/8 to one inch clean crushed rock or equivalent, wrapped in filter fabric (\ irafi 140N or an approved equivalent). The drain system shall be connected to a suitable outlet. A minimum of two outlets shall be provided for each drain section. Walls from two to four feet in height shall be drained using localized gravel packs behind weep holes at 10 feet maximum spacing (e.g., approximately 1.5 cubic feet of gravel in a woven plastic bag). \Veep holes shall be provided or the head joints omitted in the first course of block extended above the ground surface. Post Construction • Landscape Maintenance and Planting. Positive surface drainage away from graded slopes shall be maintained and only the amount of irrigation necessary to sustain plant life shall be provided for planted slopes. Plants selected for landsca.in. shall be li•htwei•ht, Final • April 2012 3 -45 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report 'Mitigation »- Number 0 a_... e �aglr@w ?( s" MitigationMeasure `"' A Implementation tion • Res onsibi i4.r' N.'' ,.±. r ming !I�r� e: Monitonn g Respoibity ;�' Timing � e - ._. ,VERIFICATION OF COMPLIANCE - Initials Date emarks �t • deep - rooted types that require little water and are capable of surviving the prevailing climate. Over watering shall be avoided. The soils shall be maintained in a solid to semi -solid state as defined by the materials' Atterberg Limits. Care shall be taken when adding soil amendments to avoid excessive watering. Leaching as a method of soil preparation prior to planting shall not occur. Planting placed adjacent to structures in planter or lawn areas shall be avoided. If used, waterproofing of the foundation and /or subdrains shall occur. Drainage. Positive site drainage shall be maintained at all times. Drainage shall not flow uncontrolled down any descending slope. Water shall be directed away from foundations and not allowed to pond or seep into the ground. Pad drainage shall be directed toward approved area(s). Positive drainage shall not be blocked by Final o April 2012 3 -46 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report n71� �. Mitigation Niiiiiber 1 k i y x. » i� �r - Mitigation °Measure. sa m°'� +N ,i(,a §.4': IinPlementatton i Res onsibih' p ty i' r�.V . Timing -�. j, Monitoring Responsibility P ty �• o ^ T immg .a wvERIFICATION OF COMPLIANCE . Initials 'Date Remarks .»��§,:. '..... other improvements. A de- watering system shall be implemented if below -grade construction (i.e., basements, etc.) is planned to extend down to or below depths of between nine and 15 feet below existing site grades. implementation and operation (as deemed necessary) of de- watering procedures /equipment both during subterranean construction (if planned) and throughout the lifetime of the structure(s) shall occur. r1 contractor specializing in the design and implementation of de- watering systems shall be consulted prior to the beginning of construction activities. Plan Review and Construction Observations Site grading, specifications, and foundation plans shall be reviewed by a Geotechnical Engineer, approved by the City, prior to construction to verify conformance with the above recommendations. It is recommended that a Geotechnical Engineer be .resent Final • April 2012 3 -47 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report ton MUgato :nl Number `^ u' . ,, f orieasure -:,, ,fML, Im lementat►on _- p, a ,, . 3F.� .a r. es onsii9, p, tY� .i -, ;. _Iw . 'mm ..- g - ,:Monitonn g .. ,. Reonsibili rz� t f _ "' ,'YERIFICA'TION'aOF'COMPLIANCE ifi tlals:Date i em. ; arks during site grading and foundation construction to check for proper implementation of the geotechnical recommendations. The Geotechnical Engineer shall perform at least the following duties: G Observe site clearing and grubbing operations for proper removal of all unsuitable materials. o Observe and test bottom of removals prior to fill placement. o Evaluate the suitability of onsite and import materials for fill placement, and collect soil samples for laboratory testing where necessary. © Observe the fill for uniformity during placement including utility trenches. Also, test the fill for field density and relative compaction. o Observe and probe foundation materials to confirm suitability of bearing materials and proper footing dimensions. Final © April 2012 3 -48 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number MrtgatonxMeasure .Im,p le, h m entatEnton4. Res onstbth h Tnr " n Momto; nn g Responsibility- LL- . Timing RIF�ICk � A - „ T ION Initials Date F r COMPLIAN CE ; O r w Remarks GEO -2 Prior to issuance of anv grading permit, the Grading Plan shall incorporate all engineering recommendations contained within the Final Soils /Geotechnical Engineering Report for the proposed project during project site design and construction, in order to reduce any potential soil and geotechnical hazards at the project site. These recommendations shall be stipulated in the construction contracts and s.ecifications. Applicant/ Contractor Prior to Issuance of Grading Permit; During Construction City Engineer Prior to Issuance of Grading Permit; During Construction GEO -3 Prior to issuance of any building permit for development of each residential lot, the building and engineering plans shall incorporate all engineering recommendations contained within the Final Soils /Geotechnical Engineering Report for the proposed project during lot site design and construction, in order to reduce any potential soil and geotechnical hazards at the residential lots. These recommendations shall be stipulated in the building and engineering .lans and s.ecifications. Applicant/ Contractor Prior to Issuance of Grading Permit; During Construction City Engineer Prior to Issuance of Grading Permit; During Construction HAZARDS AND HAZARDOUS MATERIALS NAG -1 Prior to demolition activities, an asbestos survey shall be conducted by an Asbestos Hazard Emergency Response Act (AHERA) and Cal OSHA certified building inspector to determine the presence or absence of asbestos containing - materials (ACMs). If ACMs are located, abatement of asbestos shall be Applicant Prior to Demolition Activities Director of Development Services or Designee Prior to Demolition Activities Final o April 2012 3 -49 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report 4 .x r . a Mu anon g Number ;_;,..,• ,l t y .. ° ili �L'x ._ >"% �, '14 iil: �i -� � C . _ .._ Miti' "anonixMeasure _ ;� g�,n ,_ � F��- � r: n,a ='•. Im lementation _ . =Responsibility- es onsibih .0 P 4 ( t� ilt F �.I. ,, ;r r Timm „n �-; g,� � �= p tip _. n wi .h Monitoring ,; ° >.,« :: _ tY :r' es )1 ,� � ; �il�'� !' ' "Y j Timm VERIFICATION 3 } ice COMPLIANCE �) OF s �'Initals Date completed prior to any activities that would disturb ACMs or create an airborne asbestos hazard. Asbestos removal shall be performed by a State certified asbestos containment contractor in accordance with the South Coast Air Quality Management District (SCAQMD) Rule 1403. 1 IAZ -2 If paint is separated from building materials (chemically or physically) during demolition of the structures, the paint waste shall be evaluated independently from the building material by a qualified Environmental Professional. If lead- based paint is found, abatement shall be completed by a qualified Lead Specialist prior to any activities that would create lead dust or fume hazard. Lead -based paint removal and disposal shall be performed in accordance with California Code of Regulation Title 8, Section 1532.1, which specifies exposure limits, exposure monitoring and respiratory protection, and mandates good worker practices by workers exposed to lead. Contractors performing lead -based paint removal shall provide evidence of abatement activities to the Ci , Ent leer. Applicant During Demolition Activities Director of Development Services or Building Official During Demolition Activities HAZ-3 The Applicant shall confirm whether or not utilities are present on -site. Should utilities be present and would need to be removed, the Applicant shall remove on- site utilities in consultation with the City Applicant Prior to Issuance of a Grading Permit City Engineer Prior to Issuance of a Grading Permit Final ® April 2012 3 -50 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation timber Miti g ation<Measure _ ..0 . _ m am.:`e_ nta::: tion � � es oistbth ,,,..., .. , on -i. t� ontt � es onstbth n s . � lining T VER� IFICATION On. F COM5. P L11 IAN CE. �N _ a _ ...Initials „ Date em arks Engineer. Should hazardous materials be anticipated in association with utility removal, the Applicant and the City Engineer shall further consult with the Orange County Health Care Agency regarding proper utility removal and worker safety .rotections. HA Z-4 Prior to site disturbance within the 1`t Street right -of -way, the contractor shall contact Dig Alert -(Underground Service Alert of Southern California) in order to confirm the location of the existing oil pipe lines. The contractor shall coordinate with the owner(s) of the existing oil pipe lines in order to ensure that a rupture during disturbance activities does not occur. Contractor Prior to Site Disturbance City Engineer Prior to Site Disturbance If unknown wastes or suspect materials are discovered during construction by the contractor that are believed to involve hazardous waste or materials, the contractor shall comply with the following: o Immediately cease work in the vicinity of the suspected contaminant, and remove workers and the public from the area; • Notify the City Engineer of the Cite of Seal Beach; Contractor During Construction City Engineer During Construction Final o April 2012 3 -51 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report it° g a ri o n ' umber ; m f ugation.11. easure R` a mp P � e._� tenta tion' Res onstbih tY . � ';. Turin g . r'„ � �� ` on� toiin es onsibih �-r i �,-.� Ti min g " VERIFICATION N CE r OF COMPLIA"ii a ! , r � '�� Inxuals ; Date Remarks • Secure the area as directed by the City Engineer; and o Notify the Orange County Health Care Agency's Hazardous Materials Division's Hazardous Waste /Materials Coordinator (or other appropriate agency specified by the City Engineer). The Hazardous Waste /Materials Coordinator shall advise the responsible party of further actions that shall be taken, if re uired. HAZ -6 The contractor shall verify that all imported soils, and on -site soils proposed for fill, are not contaminated with hazardous materials above regulatory thresholds in consultation with a Phase II /Site Characterization Specialist. If soils are determined to be contaminated above regulatory thresholds, these soils shall not be used as fill material within the boundaries of the project site, unless otherwise specified by a regulatory agency that has jurisdiction to oversee hazardous substance cleanup (e.g., Department of Toxic Substances Control, Regional Water Quality Control Board, Orange County Health Care Agenc ', etc. . Contractor During Construction City Engineer During Construction Final o April 2012 3 -52 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report .. - Mi� ud g at_ o Numbe ` - - X11 C "•�; _ 1 � E +1n 'm'u , "+''' _x i - Mitigation Measure . a ,.,x' rY 1 .?� "ki a :e Iip ^° •* � •' m�ii �lfl Im P leinentafitio"3Yn Responsibility �# . „; idu� _ ` tmui s � 4 •`-�i� r',..s c�„ Pa: M} onitorin g � Responsibility '" - v rt*e �.�' !� -'lit 7, � 'Tvill'9mr m * g .: '7 i �Re• — IFICATj!• :,. nt a° als r.IniUDate �*r.= -'IO- „ a _,• ,�,� _ MPLIA� N` " -S C E i n N OF COs. �' S Remarks = °� s HYDROLOGY AND WATER QUALITY HWQ -1 Prior to Grading Permit issuance and as part of the project's compliance with the NPDES requirements, a Notice of Intent (NOI) shall be prepared and submitted to the State Water Resources Quality Control Board (SWRCB), providing notification and intent to comply with the State of California General Permit. Applicant Prior t� Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit HWQ -2 The proposed project shall conform to the requirements of an approved Storm Water Pollution Prevention Plan (SWPPP) (to be applied for during the Grading Plan process) and the NPDES Permit for General Construction Activities No. CAS000002, Order No, 2009- 0009 -DWQ, including implementation of all recommended Best Management Practices (BMPs), as approved by the State Water Resources Quality Control Board SWRCB . Applicant During Construction City Engineer During Construction HWQ -3 The range of Best Management Practices (BMPs) outlined in Section 5.0 of the Department of Water and Power Specific Plan Amendment Environmental Impact Report Hydrology and Water Qrality Technical Appendix (Hydrology Study), prepared by RBF Consulting, (November 2011), and /or equivalent and related provisions shall be incorporated into the project's Storm Water Pollution Prevention Plan (SWPPP). The Hydrology Study is included in As endix 11.10 H drolo' 1 and Applicant During Construction City Engineer During Construction Final o April 2012 3 -53 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number, tic x - ,,.:,. � �—. :,..,s� ' "` Mitigation Measure n Implementation .:Responsibility p � 4� - ' ` Ttriiing .'�' ; Momtornng ' Responsibility Timing . .x Ma � VERIFICATION OF COMPLIANCE. � �'.' _' Initial's` ,'Date ��. °Remarks , Water Onality Technical Study of this EIR and is incorporated by reference into this miti•ation measure. I -IWQ -4 Upon completion of project construction, the project applicant shall submit a Notice of Termination (NOT) to the State Water Resources Quality Control Board (SWRCB) to indicate that construction is com.leted. Applicant Prior to Issuance of a Building Permit City Engineer Prior to Issuance of a Building Permit HWQ -5 Prior to issuance of a grading permit for Tentative Tract Map 17425, the project applicant shall provide detailed basin sizing calculations and design drawings demonstrating the detention basins adequately mitigate the 2 -year and 25 -year storm events, consistent with the hydrology analysis provided in Section 5.0 of the Department of Water and Power Specific Plan Amendment Environmental Impact Report Hydrology and Water Quality Technical Appendix (1Iydrology Study), prepared by RBF Consulting, (November 2011). The Hydrology Study is included in Appendix Applicant Prior to Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit 11.10 Hydrology and Water Onality Technical Study of this EIR and is incorporated by reference into this miti•ation measure. FIWQ -6 In conjunction with final project design and when precise engineering occurs, the project applicant shall demonstrate no adverse flooding impacts would occur at the intersection of Marina Drive and 1`t Street during the 100 -year storm event. The analysis shall be submitted to the City Applicant Prior to Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit Final o April 2012 3 -54 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Number,` „ Mitigation " g Implementation Responsibility ' Timin g ". Monitoring u 'Responsibility 7" � - " � � Timin g' M ...�,� ° VERIFICATION OF COMPLIANCE -. � Initials Date h d �: Remarks �,�.. Engineer prior to recordation of the Final Tentative Tract Map 17425 and prior to issuance of the gradin..ermit. HWQ -7 Prior to issuance of a grading permit for Tentative Tract Map 17425, the project applicant shall submit a Final Water Qualitv Management Plan for approval by the City Engineer that complies with the requirements of the latest Orange County Public Works Drainage Area Management Plan. Applicant Prior to Issuance of a Grading Permit City Engineer Prior to Issuance of a Grading Permit HWQ -8 Prior to initiation of grading activities for the open space /passive park, the City shall prepare a Water Quality Management Plan for approval by the City Engineer that complies with the requirements of the latest Orange County Public Works Drainage Area Management Plan. City Engineer Prior to Issuance of Grading Permit City Engineer Prior to Issuance of Grading Permit PUBLIC SERVICES AND UTILITIES PSU -1 The following conditions required by the Orange County Fire Authority (OCFA) shall be incorporated into the plans and specifications for the proposed Tentative Tract Map No. 17425, and submitted to OCFA for approval prior to the issuance of building permits: • All traffic signals on public access ways shall include optical preemption devices. Applicant Prior to Issuance of Building Permits Orange County Fire Authority Prior to Issuance of Building Permits; Plan Check Final o April 2012 3 -55 Mitigation Monitoring and Reporting Program City of Seal Beach Department of Water and Power Specific Plan Amendment Final Environmental Impact Report Mitigation Ntinaber Mitigation Measure • :... - ' Plement"n : ' • • - T191mg- ' . . ' ' • •li .ResPons11131 )r Tmiing . \TER, _ COMPLIANCE I...,'TION:OF COMPLIANCE - — ' Initials 'Date Remaiks: • All electrically operated gates shall include emergency opeiking devices, as a• .roved by C F o PSU-2 The -Utility Plan for Tentative Tract Map No. 17425 shall include the followin,,o- sewer pipeline provisions, which, shall be subject to the review and approval al of the Citv's Public Works Engineer: • A new eight-inch sewer pipeline from the project site, across 1 Street, connecting to the existing be six-inch pipeline shall constructed within the alley to o ctile east of the project site between lq and 2"d Streets; and • The northern portion (from Central Way to the alley para llel . to and southwest of Central Avenue) of the existing pipeline within the alley to the east of the project site between 1q an d Streets shall be upgraded to a n eight-inch pipeline. The new and upgraded sewer pipeline consultation shall be dimensions and locations Citv's determined in asultation with the i in Public Works En:neer. Applicant During Finalization of Plans; Prior to Issuance of Building Permits City Engineer During Finalization of Plans; Plan Check Final o April 2012 3-56 Mitigation Monitoring and Reporting Program 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. June 6, 2012 ATTACHMENT 3 DRAFT SPECIFIC PLAN AMENDMENT 11 -1 CITY OF LOS ANGELES EPARTMENT 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. S. 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 RED-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 RHD -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 1: LOTS 1, 2 AND 3 IN BLOCK 100.OFMCI' NO. 698, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOT{ 31, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY REOORDER OF SAID COUNTY. EXCEPT THAT PORTION INCLUDED IN THE FINAL ORDER OF CONDE3 iAT1ON RECORDED MARCDI23, 1977 IN BOOK 12115. PAGE 201, OFFICIAL RECORDS. SAID LAND IS INCLUDED WIT }ffN THE AREA SHOWN ON A MAP FILED IN THE OFFICE OF THE COmmit RECORDER OF SAID ORANGE COUNTY, IN BOOK 90, PAGES 23 TO 30 INCLUSIVE OF RECORD OF SURVEYS. PARCEL 2: THAT PORTION OP 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 105 OF PATENTS, RECORDS OF LOS ANGELES COUNTY AND RECORDED SEPTEMBER 5. 1905 IN 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; T EM ALONG SAID BOUNDARY NORTH 65° 00' 000 WEST 230.49 FEET TO A LINE PARALLEL WITH AND 200.00 FEET NORTILWESTFRLY 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 PARAIL L WITH AND 30.00 FEET SO1TIEWESTERLY FROM TEE SOWITWESITIRLY UNE OF THE 200 FOOT STRIP OF LAND DESCRIBED IN QUIDCLA1M DEEL) 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 SOU1T142° 15' 000 EAST 201.52 FEET TO. SAID RANCHO LINE; THENCE SOUTH A° 48'00" WEST 1 136.60 FEEL 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 BOCEL 426, PAGE 318 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 OFIFTCiAL RECORDS OF SAID COUNTY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE BOUNDARY LINE BETWEEN STATIONS 49 AND 50 OF SAID RANCHO LOS AIAMITOS, DISTANT NORTH 54° 48' 00' EAST 213.27 FEET FROM SAID STATION 49; THENCE NORTH 43° 56' 00" WEST 20236 FEET TO A LINE PARALLEL WITH AND DISTANT NORMSMTERLY 200.00 FEET FROM SAID BOUNDARY UNE; THENCE NORTH 54° 48' 00" EAST 80.94 FEET ALONG SAID PARALLEL LINE; THENOB SOUTH 43° 56' 00" EAST 20136 FEET TO SAID BOUNDARY LINE; THENCE SOUTH 54" 48' 00" WEST 80.94 FEET ALONG SAID BOUNDARY LIME TO THE POINT OF BEGINNING 2113AV 1 01472 11&0. 043318 v6 A -1 SAID LAND IS INCLUDED WTTHIN THE AREA SHOWN AS PARCEL A IN LICENSE SURVEYORS MAP OF THE TIDELANDS EAST OF NAPLES FILED ID BOOK 2, PAGES 47 AND 48 OF RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY REAORDER OF SAID COUNTY OF ORANGE PARCEL 3: THAT PORTION OF THE SOUTH HALF OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 12 WEST, INCLUDED WITHJN LOT C -1 OF THE RANCHO LOS ALAMTrOS, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAPS 1 AND 2 FILED IN DECREE OF PARTfFJ0? 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 DI BOOK 14, PAGE 31 OF DEEDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, D AS FOLLOWS: BEGINNING AT STATION 49 OF SAID RANCHO LOS ALAMrrOS: 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° or EAST 33.50 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 940 FEET; MENCI3 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 OOUNTY RECORDER OF SAID COUNTY; THENCE SOLTTR 31° 1750" WEST 137.49 FEET ALONG SAID PROLONGATION TO THE SOUFHWESTERLY 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 HOOK 12115, PAGE 201, OFFICIAL RECORDS. PARCEL 4: THAT PORTION OF BLOCK B OF HAY 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, N THE OFFICE OF THE COUWI'Y RECORDER OF SAID COUNTY LYING NORTHWESTERLY OF THE SOUTHWESTERLY PROLONGATION OF THE SOU }IRASTERLY 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 CTPY RECORDED JANUARY 23,19321NBOOK 536, PAGE 49 OF OFFICIAL RECORDS. ALSO EXCEPT THAT PORTION THEREOF LYING SOCTIILERLY AND SOOT WIESI'ERLY OF THE FOLLOWING DESCRIBED LINE: 2113/09 10147.2 Hack 00319 v6 A-2 BEGINNING AT A POINT OF INTERSECTION OF THE SOUTHEASTERLY Y LINE OF FIRST STREET AND THE SOUTHWESTERLY LIVE OF OCEAN AVENUE AS SAID STREETS ARE SHOWN ON TEM MAP OF SAID BAY CITY; THENCE ALONG THE SOUTHWESTEMY PROLONGATION OF SAID SOUTHBA TIELLY LINE OF FIRST STREET 273.93 FEET 70 THE TRUE POINT OF BEGINNINO; THENCE NORTH 58° 54' WEST 5532 FEET; THEME NORTH 22° 31' WEST 366.64 FEET; THENCE NORTE 24° 31' EAST 70.78 FEET TO THE SOiTIi3WESTERT.Y LINE OF OCEAN BOULEVARD, AS SHOWN ON SAID BAP. PARCEL 5: THAT PORTION OF BLOCK B0 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 ATYSCEiLANEOUS 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 NORIMIEEMELLY LINE OF FIRST STREET. AS SHOWN ON SAND MAP, WITH TILE NORTHEASTERLY UNE OF SAID BLOC. "B "; THENCE NORTH 31° 17' 00" BAST 80.11 FEET ALONG SAID SOUTHWESTERLY PROLONGATION TO THE MOST SOUTHERLY CORNER OF SAID BLOLK "C"; MIME NORTH 55° 41' 30" WEST 317.56 FEET ALONG THE SOUTHWESTERLY ".TINE OF SAID BLOCK "C° TO THE EASTERLY LINE OF THE LAND DESCRIDED IN THE DAD TO LOS ANGELES COUNTY FLOOD CONTROL DISTRICT RECORDED MAY 20,1933 IN BOOK 612, PAGE 317 OF OFFICIAL. RECORDS OF SAD ORANGE COUNTY; THENCE SOUTHERLY ALONG THE SOUTHERLY PROLONGATION OF SAID EASTERLY LINE, AND THE SEAL BEACH BOUNDARY .AGT1EEMENT NO. 2, RECORDED APRIL 8,196814 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 art OF LOS ANGELES RECORDED AUGUST 9, 1967 IN BOOK 8336 PAGE 959 OF OFFICIAL RECORDS OF SAID ORANGE COUNTY; 'THENCE SOUTH 24° 31' 00° WEST 60.00 FEET ALONG LAST SAID AGREEMENT LINE TO THE SOUTHIAMTIERLY CORNER OF 113E LAND MOW= IN THE DEED TO THE CITY OF SEAL BEACH RECORDED JANUARY 23,1932 IN BOOK 536, PAGE 49 OF OFFICIAL RECORDS OF SAID OIMAMIE COUNTY; THENCE SOUTH 67°86' 27" EAST 297.05 FEET AL ONO THE SOUTHERLY LINE OF SATOO LAND OF THE CTL'Y 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 OF OFFICIAL RECORDS, TO THE POINT OF BEGI NN1NO. A PORTION OF SAID OCEAN AVE. WAS VACATED UPON APPLICATION OF THE BAYSIDE LAND COMPANY AND ACTION OF T.13E TRUSTEES OF THE CITY OF SEAL BEACH RECORDED AUGUST 18, 1914 IN MINUTE 1300K 11 AT PAGE 51. 2113/D9 101472 H& 90319 v6 A -3 PARCEL 6: BLOCK C OF BAY CrIY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORNIA. AS PER MAP RECORDED IN HOOK 3, PAGE 19 OF MISCELLANEOUS MAPS, AT. THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY, AND THAT PORTION OF LOT A-2, IN THE RANCHO LOS ATAMITOS INCLUDED WITHIN SAID crry OF SEAL BEACH, AS SHOWN ON MAP NO. 1 FILED IN DECREE OF PARTITION IN THIN SUPERIOR COURT OF LOS ANGELES COUNTY, CALIFORNIA, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING MEN R1 DIED FEBRUARY 2,1891 IN BOOK 14. PAGE 31 OF DEEDS OF SAID ORANGE COUNTY, LYING WESTERLY OF SAID BLOCK 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 ALAMTrOS, BEING IN THE NORTHEASTERLY LINE OF SAID BLCXX "C" AND ON THE EASTERN SHORE OF THE INLET FROM THE PACIFIC OCEAN TO MAMBOS BAY; THENCE SOUTH 12° 00' 00° WEST, 547,80 FEET; TH NC:E SOUTH 6.04' 00° WEST. 69.99 FEET THENCE SOUTH 29° 15' 00° EAST, 38.72 FEET TO THE POINT OF INTERSECTION WITH 111E (NORTHEASTERLY LINE OF OCEAN AVE., AS SHOWN ON AFORESAID MAP OF BAY CITY; THENCE SOUTH 550 43' 00" EAST, ALONG SAID LINE OF OCEAN AVENUE 325.63 FEET TO TIME SOURTIEASTERLY CORNER OF SAID BLOCK "C'. ALSO EXCEPT THAT PORTION THEREOF INCLUDED WrrHIN TRACT 69S, AS PER MAP RECORDED IN BOOK 31, PAGE 27 OF MISCELLANEOUS MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. ALSO EXCt.P1 THAT PORTION DESCRIBED IN THE FINAL ORDER OF CONDEMNATION RECORDED MARCH 23,1977 IN BOOK 12115, PAGE 201, OFFICIAL RECORDS. EXCEPT FROM • SAID PARCELS 1 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 THE R.RT IT TO F.IYPER UPON THE SURFACE OF SAID LAND FOR SUCH USE. AS RESERVED BY THE CITY OF LOS ANGELES, A MUNICIPAL CORPORATION,9 IN THE GRANT DEED RECORDED MAY 27, 2003 AS INSTRUMENT NO. 2003000612579, OF OFFICIAL RECORDS. END OF LEGAL DESCRIPTION 2113109 101472 HBO: 043319 v6 A-4 EXHIBIT B LAND USE DEVELOPMENT PLAN DWP Specific Plan Revised through June 2012 Source: Fuscoe Engineering, May 7, 2012. NOT TO SCALE ""� DEPARTMENT OF WATER AND SPECIFIC PLAN AMENDMENT ~^^~~^~^~~~~~`~ ~~~~`~ Plan Exhibit 2 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 1N 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 213.27 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 TILE 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. PREPARED BY: 3 -( ?'1/ Y V. CASE, L.S. No. 5411 EXHIBIT D: LEGAL DESCRIPTION OF OPEN SPACE AREA DWP Specific Plan Revised through June 2012 EXHIBIT D LEGAL DESCRIPTION "Proposed Open SrYace Area" LOT "A" THAT PORTION BLOCK `B" OF BAY CITY, IN THE CITY OF SEAL BEACH, COUNTY OF ORANGE, STATE OF CALIFORN A, 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 `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 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, CALIFRRNIA, 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' 2T' 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. PREPARED BY: ,347 -11 V. CASE, L.S. No. 5411 Tv 1�- (,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 1 s` St. /Marina Dr. June 6, 2012 ATTACHMENT 4 TENTATIVE TRACT MAP NO. 17425 h.... A FUSCOE TO :AFL: VCFNO =LT: EASEMCNTS. o Fth2.47ZFAur o °FMK RM:a n7p7¢7AVOins Ocean Place Tract No. 17425 Seal Beach, Califomia PREPARED FOR: Bay City Partners, LLC, 627 Bayscle Dive, Newport Beach, CA 92660-7213 05127111 1 AS SHOWN • 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 1'1 St. /Marina Dr. June 6, 2012 ATTACHMENT 5 RECOMMENDED CONDITIONS OF APPROVAL OF TENTATIVE TRACT MAP NO. 17425 - CITY OF SEAL BEACH PUBLIC WORKS DEPARTMENT 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 indicate private or public ownership on all proposed streets and alleys. 2.8 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. 2.9 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. 2.10 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 All storm drains are to follow the City adopted 2008 Storm Drain Master Plan Update to accommodate the 25 -year storm protection level. 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. 7.4 Prior to City Council approval and recordation of the final tract map, a boundary line adjustment, land exchange agreement or other instrument shall be approved by the State Lands Commission that resolves any public trust restrictions on the property. 7.5 Prior to City Council approval and recordation of the final tract map, plans shall be submitted to the Community Development Department demonstrating the following to the satisfaction of the Community Development Director: 7.5.1 Ability to provide a two car garage for lot 9 with proper vehicular back- up and turn- around area. 7.5.2 Ability to provide proper vehicular back -up and turn - around area for lot 10 7.5.3 Ability to provide adequate trash collection accessibility for lots 9, 10 and 11. 7.5.4 All vehicular access to Tots 25 through 35 (all Tots adjacent to the north side of "13" Street) via the alley to the north rather than via "B" Street. 7.5.5 Minimum lot width of 37 1/2 feet for lot 25 to accommodate a minimum side yard landscape area of ten (10) feet adjacent to 1st Street. 7.5.6 Landscape /fencing treatment showing the interface between "A" Street and the commercial site to the west of the tract. 7.5.7 Enhanced focal entry points to the tract at both 1st Street and Marina Drive. 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 14 St. /Marina Dr. June 6, 2012 ATTACHMENT 6 DRAFT DEVELOPMENT AGREEMENT 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 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." 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 1.2 1.3 1.4 "Agreement ": this Development Agreement. "City ": the City of Seal Beach, California. "Coastal Commission ": the California Coastal Commission. "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 govermmental 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: Mayor Michael P. Levitt ATTEST: By: Linda Devine, City Clerk APPROVED AS TO FORM: By: Quinn Barrow, City Attorney By: Name: Its: By: Name: Its: 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 COUNTY OF ORANGE ) ss 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 12805- 0002 \1437214v16.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 1 ' St. /Marina Dr. June 6, 2012 ATTACHMENT 7 CORRESPONDENCE RECEIVED FOLLOWING THE MAY 2, 2012 PUBLIC HEARING Greg Hastings Subject: FW: Dwp property Original Message From: David Wysocki [mailto:sockil @verizon.net] Sent: Saturday, May 05, 2012 11:33 AM To: eversondavid @hotmail.com; cummingse @hotma!l.com; rgoldberg @live.com; jkg5150 @aol.com; massalavit @aol.com; Linda Devine Subject: Dwp property I'd like to take this opportunity to ask the city council to move forward with the plans for the DWP property. The fence needs to come down and the property should be developed. I am looking forward to a nice park with an ocean view and I'm ok with houses in back of the property. Sure beats a hotel! Being a tax payer in Seal Beach, I would like to see the process move forward rather than it costing our city Tots of money in legal fees. Thanks for listening, David Wysocki 1 Greg Hastings Subject: FW: Bay City Partners Property Thank you, Diane. I will forward your comments on to the City Manager, City Clerk and the Planning Director so they will become part of the public record. Yours, Ellery Sent from my iPhone On May 14, 2012, at 9:51 AM, Diane Marx <indmarx1301Pme.com> wrote: > Ellery - > John and I are very much in favor of the City going forward with the Bay City Partners plan for the former DWP property. We believe the deal offers great advantages for the City of Seal Beach. We like the idea of 30% of the property being available for new homes - meaning more property taxes for the City. And the remaining property being open space for the City. > Please count us in the "yes" column for the deal. > Thanks, > John & Diane Marx 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 1" St. /Marina Dr. .tune 6, 2012 ATTACHMENT 8 1996 DWP SPECIFIC PLAN CITY OF LOS ANGELES EPARTMENT OF WATER AND POWE SPECIFIC PLAN City of Seal Beach Department of Development Services 211 Eighth Street Seal Beach, California 90740 (310) 431 -2527 D: \WP511DWP\REVIS95 -1. SP\LW103 -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 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 D:1WP51 \DWPIREVIS95- I.SP\LW\03 -15 -96 DWP Specific Plan 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 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. . 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, D: \ WP5I \DWP\REVIS95- 1.SP\LW\03 -15 -96 DWP Specific Plan 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. 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 B: 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. D:1WP51 \DWP\REVIS95 -1. SP\LW\03 -15 -96 DWP Specific Plan 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. D: \ WP51 \DWP\REV1S95- 1.SP\LW\03 -15 -96 5 DWP Specific Plan Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 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. S. 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. 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 Marina Drive D:SWPS I \DWPIREVIS95- 1.SP\LW\03 -15 -96 20 feet 20 feet DWP Specific Plan 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 • 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. D: \WP51 \D WP\REV IS95- 1.SP\LW\03 -15 -96 DWP Specific Plan 7 Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 0 Valet parking is specifically authorized on -site. C. Parking Dimensions Conventional Spaces 20' length Compact Spaces 16' length 9' width 8' width 8. ARCHITECTURE /ARCHITECTURAL CONTROL 24' tuning radius 24' tuning radius 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. D:SWP51 \D WP\REVIS95- 1.SP\LW103 -15 -96 DWP Specific Plan 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. D: \WP51 \DWPIREVIS95- 1.SP1LW103 -15 -96 9 DWP Specific Plan Revised through March 12, 1996 Department of Water and Power Specific Plan March 12, 1996 EXHIBIT A SITE MAP e DWP SPECIFIC PLAN AREA D: \WP51 \D WP\REVIS95- 1.SP1LW103 -15 -96 DWP Specific Plan 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 '/ 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 D: \W P51 \D WP\RE V IS95- 1.SP'LW\03 -15 -96 11 DWP Specific Plan 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" Fast; 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. D:\WP51 \DWPIREVIS95 -I .SP\LW\03 -15 -96 DWP Specific Plan 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 1 sr St. /Marina Dr. June 6, 2012 ATTACHMENT 9 PROPOSED ZONING MAP AMENDMENTS m a 2 0. N 0 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 s` St. /Marina Dr. June 6, 2012 ATTACHMENT 10 MAY 2, 2012 PLANNING COMMISSION AGENDA REPORT 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: Owner: Edward Selich 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 ls` 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 1 1-1; General Plan Amendment 11 -1; Zone Map Amendment 11 -1; Tentative Tract Map 17425; Development Agreement DWP Specific Plan Site — Corner 7" 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 Cafe. 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: 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 IS` 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." • 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: 0 Provide a comprehensive plan for this area by providing for a mix of visitor - serving open space and residential use. Limit residential uses to the northern portion of the DWP site with permitted uses including single unit residential. 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." "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. ® "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 is' 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 Is' 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 Tots 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 staff's 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 1s" 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 1'' 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 1s` 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. cf1/ 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 IS` 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 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 s` St. /Marina Dr. June 6, 2012 ATTACHMENT 11 TENTATIVE TRACT MAP 17425 (REVISED) 12. BOUNDARY — BYER € la ALLEY 'E. 7 r . WiALIAA- • -1 : ST STREET, f,pust.:c... 1 91111 11 11 11 11 1! 1 , P- 1) 431. !I 1, I F----f"f 9 PREPARED FOR Bay City Partners, LLC 627 Bays& Drive, Newport Beath, CA 92660-7213 SITE PLAN MSS 110018 Yr. • .AB AN, N.,Nop A. if A 4..4' LOY -N. 48 SY 0 UN AC UKLI 'A' .U.NU SO 0509 fic /W.. ANN SG OWN AC DOSE 05107112 e 90020. AS SHOWN •—,; I I I PI (111,7itlg Commission Staff Report Final Environmental impact Report; Specific Plan Amendment 11-1; General Plan Amendment 11-1; Zone Map Amendment 11-1 Tentative 7ract Map 17425; Development Agreement 1)WP Specific Plan Site -- Corner St. /Marina Dr. June 6, 2012 ATTACHMENT 12 ENVIRONMENTAL ANALYSIS OF THE ALTERNATIVE SITE PLAN ENVIRONMENTAL ANALYSIS OF THE ALTERNATIVE SITE PLAN Department of Water and Power Specific Plan Amendment SCH NO. 2011061018 Lead Agency: CITY OF SEAL BEACH 211 8(I' Street Seal Beach, California 90740 Contact: Ms. Jill R. Ingram City Manager 562.431.2527 jingram@a sealbeachca.gov Pre] cc b • • CONSULTING RBF CONSULTING 14725 Alton Parkway Irvine, California 92618 -2027 Contacts: Mr. Glenn Lajoie, AICP Mr. Edward Torres, INCE, REA 949.472.3505 May 23, 2012 JN 10- 107353 City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan TABLE OF CONTENTS Section 1.0: Introduction 1-1 1.1 Draft EIR Project Description . 1-1 1.2 Alternative Site Plan 1-1 Section 2.0: Environmental Analysis 2.1 Conclusion LIST OF EXHIBITS Exhibit 1 Draft EIR Site Plan Exhibit 2 Alternative Site Plan 1-4 Attachment A — Hydrologic and Hydraulic Narrative for the Revised TM Attachment B — Supplemental Traffic Analysis May 2012 i Table of Contents City of Seal Beach Department of Water and Power Specific Plan. Amendment. Environmental Analysis of the Alternative Site Plan 1.0 INTRODUCTION On May 27, 2011, Bay City Partners, LLC, submitted an application to develop the 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. The Draft Environmental Impact Report (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 included written responses to a➢I 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. On May 2, 2012, the Planning Commission held a duly noticed public hearing to consider the proposed project. During the hearing, the applicant presented a revised tract snap that contained the same number of lots within the same tract boundary, but with a different lot configuration and site access. The Planning Commission provided comments to the applicant regarding the originally submitted tract map and the revised map. The Commission then continued the public hearing in order to provide an opportunity to review the applicant's revised submittal. The information contained in this report addresses whether the revised tract map would have any significant impacts upon the environment that are not addressed in the Draft EIR. 1.1 DRAFT EIR PROJECT DESCRIPTION The proposed. DWP Specific Plan Amendment analyzed in the Draft EIR the Draft. EIR Project} proposed amendments to the 1996 DWP Specific Plan (proposed Specific Plan Amendment) that would allow for the development of a 48 -lot residential development (Tentative Tract Map No. 17425); refer to Exhibit 1, Draft EIR Site Plan. The residential uses were proposed to be located on approximately 4.5 acres in the northern portion of the project site. The Applicant proposed to construct the project in one phase, which would include the finished pads and all infrastructure necessary to serve the new residential development. Residential units were proposed to be developed individually by homeowners as custom hoaxes, depending on market conditions and demand. The remaining approximately 6.4 acres of the project site would be used for open space /passive recreation uses. The Draft EIR Project included the construction of `A' Street (a public street), which would intersect with Marina Drive at the off -site commercial property located northwest of the project site, and 13' Street (a public street) which would intersect with 1' Street. Two public alleys were also proposed by the Draft EIR Project. Alley `A' could be accessed from Marina Drive, while Alley `B' could be accessed from 1' Street and `A' Street. The proposed lots along `A' Street and `B' Street were front- facing, while the proposed lots along Et Street were side - facing. The Draft EIR Project also proposed two detention basins on -site along Marina Drive. 1.2 ALTERNATIVE SITE PLAN The Alternative Site Plan is depicted in Exhibit 2, .Alternative Site Plan. It is identical to the Draft EIR Project in the following respects: • Same nunber of residential units (48). May 20 1 -1 Iutroclucden City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan Same acreage for development (4.5). Same acreage for open space (6.4). • Same construction phas Same volume of cut and fill associated with site rra 8 A triangular portion of 1'` Street would be vacated and the intersection of Marina Drive /1 Street would be realigned as part of the proposed Project. The Alternative Site Plan materially differs to the Draft EIR Project in the following respects: • The Alternative. Site Plan proposes the majority of the lots to be front- facing along Marina. Drive and 15` Street (with the exception of Lots 9 and 25). The Alternative. Site Plan proposes 25 -foot lot widths and lot lengths would vary from 96- feet to 11 0-feet. Under the Draft EIR Project, the majority of the lots were 25 feet by 108 to 110 feet `A' Street would be constructed to private standards with a curb -to -curb width of 30 -fee (previously a 36 -foot curb -to -curb widt h under the Draft EIR Project). `B' Street would now be aligned with Central Way and would be constructed to public standards with a curb -to -curb width of 36 -feet no change in the curb -to -curb width from the Draft EIR Project). 'C' Street is new and would be constructed to private standards with a curb -to -curb width of 31.5 - feet. • Alley `B' is renamed Alley `D' and would be constructed to private standards with a width of 18 -feet (previously a 20 -foot width under the Draft EIR Project). • Ailey `E' is a new on -site roadway without any access to Marina. Drive or 1 ' Street and would be constructed to private standards with a width of 21 -feet. • A detention basin and bioswale are proposed on -site along Marina Drive (previously two detention basins along Marina Drive), while a second detention basin is proposed along `A' Street (consistent with the Draft EIR Project). May 2012 . 1 -2 Introduction 1St-STREET T (PLJBL C) Source: Fuscoe Engineering, June 2011. NOT TO SCALE DEPART ENT OF WATER AND POWER SPECIFIC PLAN AMENDMENT Draft EIR Site Plan Exhibit 1 Source: Fuscoe Engineering, May 7. 2012. NOT TO SCALE • =i CONSULTING 05/12 JN 10- 107353 DEPARTMENT OF WATER AND POWER SPECIFIC PLAN AMENDMENT Alternative Site Plan Exhibit 2 City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan 2.0 ENVIRONMENTAL ANALYSIS As discussed in Section 1.0, Introduction, this comparative analysis has been undertaken to analyze whether the revised tract map would have any significant environmental impacts that are not addressed in the Draft EIR. The comparative analysis discusses whether impacts are increased, decreased, or unchanged from the conclusions discussed in the Draft EIR.. The comparative analysis also addresses whether any changes to mitigation measures are required. Aesthetics /plight and Glare. Implementation of the Alternative Site Plan would result in reduced aesthetic /light and glare impacts, as compared to the Draft EIR Project. The Draft FIR concluded that the project would not have a substantial adverse effect on a scenic view, vista, or designated State scenic highway. The analysis found that potential short -term construction - related aesthetic impacts, short -term construction - related light and glare impacts, and long -term (operational) light and glare impacts as a result of street lighting, security lights, and interior lights would be reduced to less than significant levels with implementation of Mitigation Measures AES -1 through AES -3. However, the analysis determined that the impacts to the character of the area as a result of the proposed side yards along 1' Street, and the light and glare impacts to nearby residences from vehicle headlights exiting the project site at `B' Street and 1s` Street would be significant and unavoidable. The proposed area of disturbance and grading from the Alternative Site Plan would be similar to that analyzed as part of the Draft EIR Project. Further, visible building massing and scale (i.e., setbacks and building heights) would be similar to that considered as part of the Draft EIR. The Alternative Site Plan would increase building setbacks along 1" Street and Marina Drive, and align `B' Street with. Central Way. As was the case with the Draft EIR Project, the Alternative Site. Plan would not have a substantial adverse effect on a scenic view or vista. The Alternative Site Plan would result in the same potential short -term construction - related aesthetic impacts, short -term construction- related light and glare impacts, and long -term (operational) light and glare impacts from lighting as the Draft FIR Project. Implementation of Mitigation Measures AES -1 through AES -3 would still be necessary and would reduce these impacts to less than significant levels, as already analyzed in the Draft EIR. In comparison to the Draft FIR Project, the Alternative Site Plan would result in reduced impacts to the character /duality of the area as well as light and glare impacts to surrounding residents (from vehicle headlights). Reorientation of the parcels along 1" Street and the increased front building setbacks along 15` Street and Marina Drive would be visually consistent with the residential uses to the east. Impacts in this regard (for the Alternative Site Plan) would result in less than significant impacts to character /quality and no mitigation measures would be required. Thus, the Alternative Site Plan would avoid a significant and unavoidable impact of the Draft FiR Project. The Draft EIR Project would result in significant and unavoidable light and glare impacts to nearby residences from vehicle headlights exiting the project site at the intersection of `B' Street and 151 Street. With implementation of the Alternative Site Plan, `B' Street would be realigned with the existing Central Way. Thus, vehicles exiting the project site at the intersection of `B' Street and 151 Street would no longer direct vehicle headlights into surrounding residential structures and impacts in this regard would be significantly reduced (compared to the Draft EIR Project). The Alternative May 2012 2 -1 Environmental. Analysis City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan Site Plan would result in less than significant impacts, as a result of introduced vehicle headlights and no mitigation measures would be required. Agriculture Resources. Impacts would be the same as the Draft EIR Project. The Draft EIR concluded that no inapacts would result with regard to Prinae Farmland, Unique Farmland, or Farmland of Statewide Importance, or any area zoned for agricultural use or forest land. As was the case with the Draft EIR. Project, the Alternative Site Plan would not result any impacts to farmland, agricultural uses, or forest land. Therefore, no new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Air Quality. Impacts would be the same as the Draft EIR Project. The Draft EIR determined that no significant long-term operational (regional or localized) air quality impacts would result. Short- term construction air quality impacts and air quality plan consistency impacts were found to be less than significant with implementation of Mitigation Measures AQ-1 and AQ-2. The Alternative Site Plan would result in substantially similar construction and operational activities as the Draft EIR Project. The number of units proposed would remain the same. Construction phasing for the Alternative Site Plan would not be altered. The Alternative Site Plan would result in the same amount of cut and fill and earthwork volumes. The Alternative Site Plan would also generate the same amount of vehicle trips as the Draft EIR Project and there would not be an increase in operational air emissions. Thus, as is true with the Draft EIR Project, the Alternative Site Plan would not result in long-term operational (regional or localized) air quality impacts, and short-term construction and air quality plan consistency impacts would be reduced to less than significant levels with implementation of Mitigation Measures AQ-1 and AQ-2. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Biological Resources. Impacts would be the same as the Draft EIR Project. The Draft EIR determined that less than significant inapacts would result with regard to special status plant and wildlife species, sensitive natural communities, and jurisdictional waters and wetlands. The analysis also found that the Draft EIR Project would not conflict with local policies, ordinances, or plans. Impacts to migratory birds were concluded to be less than significant with linplementadon of Mitigation Measure B10-1. With implementation of the Alternative Site Plan, construction activities would occur over the same development footprint as the Draft EIR Project. Therefore, as with the Draft EIR Project, the Alternative Site Plan would result in less than significant impacts to special status plant and wildlife species, sensitive natural communities, jurisdictional waters and wetlands, and migratory birds (with implementation of Mitigation Measure BIO-1). The Alternative Site Plan would also not conflict with local policies, ordinances, or plans, similar to the Draft EIR Project. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Cultural Resources. Impacts would be the same as the Draft EIR Project. The Draft EIR determined that no significant impacts to a historic resource would result. The analysis also concluded that the Draft EIR Project would result in less than significant impacts to archeological resources, paleontological resources, and burial sites with implementation of Mitigation Measures CUL-i through CUL-4. May 2012 Environmental Analysis City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan The Alternative Site Plan would result in substantially similar construction activities as the Draft EIR Project. Thus, the Alternative Site Plan would not impact a historic resource. With implementation of Mitigation Measures CUL-1 through CUL-4, impacts to archeological resources, paleontological resources, and burial sites would be reduced to less than significant levels. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Geology and Soils. Impacts would be the same as the Draft EIR Project. The Draft EIR found that no significant impacts pertaining to earthquake faults, landslides, seismic ground shaking, and soil erosion would result. Impacts resulting from seismically induced hazards (e.g., liquefaction, lateral spreading, landsliding, settlement, and ground lurching) unstable geologic units, expansive soils, and corrosive soils were concluded to be less than significant with implementation of Mitigation Measures GEO-1 through GEO-3. The Alternative Site Plan would result in the same impacts regarding geology and soils, since the same amount of new development and units would be developed on the project site (compared to the Draft EIR Project). Thus, the Alternative Site Plan would result in less than significant impacts with implementation of Mitigation Measures GEO-1 through GEO-3. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Greenhouse Gas Emissions. Impacts would he the same as the Draft EIR, Project. The Draft EIR concluded that generated greenhouse gas (GI IG) emissions that could have a significant impact on the environment or conflict with an applicable GHG reduction plan, policy, or regulation would not result. Thus, impacts were concluded to be less than significant. The Alternative Site Plan would result in the same amount of construction activities, residential development, and daily trips. Thus, the Alternative Site Plan would not result in increased GIIG emissions compared to the Draft EIR Project. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Hazards and Hazardous Materials. Impacts would be the same as the Draft EIR Project. The Draft EIR determined that a less than significant impact would result in regards to the handling, transport, use, or disposal of hazardous materials during project operations. The analysis also concluded that the project site is not included on a list of hazardous materials sites, is not within the vicinity of an airport or private airstrip, would not conflict with an emergency response plan, and would not be located in an area at risk for wildfires. The Draft EIR Project analysis determined that with implementation of Mitigation Measures HAZ-1 through HAZ-6, impacts related to short-term construction activities and the accidental release of hazardous materials would be reduced to less than significant The Alternative Site Plan would involve similar construction activities and operations as the Draft EIR Project, and would result in similar hazard and hazardous materials-related impacts as the Draft EIR Project. Implementation of Mitigation Measures H AZ-1 through H..AZ-6 would ensure impacts related to short-term construction activities would be reduced to less than significant levels. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Hydrology and Water Quality. A review of the potential hydrology and water quality impacts associated with the Alternative Site Plan was conducted by Fuscoe Engineering, which conducted the hydrology and water quality analysis studies for the Draft FIR. The results of their findings are May 2012 2-3 Environmental Analysis City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan summarized below, and a copy of the analysis can be found in Attachment A, Hydrologic and I lydraziic Narrative for 11?• Revised T.M. The general division of the hydrologic areas is still situated centrally across the site, divided by a roughly east -west line. The southern hydrologic area grew by approximately 0.38 acres with a corresponding reduction in the northerly half. This would require an approximate 20 percent. increase (about 400 cubic feet) in detention volume for the southern portion of the site, which would correspondingly reduce the demand on the City's existing storm drain system. While the City requires the project to maintain runoff volumes to preexisting conditions, the additional 0.38 acres only increases the peal: 25 -year storm event runoff by 1 cubic foot per second which would not increase impacts beyond those identified in the Draft EIR.. The Alternative Site Plan would use virtually the same storm drain alignments as the Draft EIR Project. Two additional grate type inlets, located on the north and south ends of Alley `E,' are included in the Alternative Site Plan to keep grades and grading elevations from varying excessively across the site. Pad grades in the Alternative Site Plan tend to be lower in elevation than those in. the Draft EIR Project. The average pad elevation for the Alternative Site Plan is 13.8 feet lower than the average for the Draft EIR Project. Pads along the lots fronting 14` Street previously varied by two feet from north to south, and under the Alternative Site. Plan would be almost level and average about 1.5 feet above curb level.. No new impacts have been identified in this regard and no new mitigation measures are required for the Alternative Site Plan. The Water Quality Best Management Practices (BMPs) for the Alternative Site Plan would be the same as those proposed for the Draft EIR Project. Bio swales are proposed within Lots I and J and Filterra (or similar) units will be used on the streets. Lot F is a detention basin and would also use underground components to enhance the volume detained. Lot G has the potential for detention also but would most likely take the form of underground storage due to the small size. The types of BMPs and detention features remain unchanged from the Draft EIR Project. Overall, storage requirements for the Alternative Site Plan would be the same as those presented in the Draft EIR and no new impacts would occur in this regard. It should also be noted that there is no change to the open area hydrology. Primary vehicle entrances in the Alternative Site Plan are: (1) from . the east off of 1s` Street side directly across froth. Central Way; and (2) from the north, off of Marina Drive, across and slightly west of the existing entry to the Riverbea.ch residence located across the street. The relocation of the entries does not effect the drainage of the project. As was the case with the Draft EIR Project, the Alternative Site Plan would not result in any impacts to hydrology and Water Quality. Therefore, no new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Land Use and Planning. Impacts would be the same as the Draft EIR Project. The Draft EIR determined that the project would not divide an established community, would not conflict with any applicable conservation plans. Additionally, the Draft EIR Project was concluded to be consistent with the California Coastal. Act, Southern California Association of Government regional planning efforts, City of Seal Beach General Plan, City of Seal Beach Municipal Code, and. City of Seal Beach Zoning Code. May 2012 2 -4 Environmental Analysis City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis of the Alternative Site Plan The Alternative Site Plan has similar land use characteristics, compared to the Draft EIR Project. Thus, land use and planning impacts associated with the Alternative Site Plan would also be less than significant. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Mineral Resources. Impacts would be the same as the Draft EIR Project. The Draft FIR noted that the project site is not located within an area of known mineral resources, either of regional or local value. As was the case with the Draft EIR Project, the Alternative Site Plan would not result in the loss of availability of a known mineral resource or mineral resources recovery site. No new impacts have . been identified and no new mitigation measures are required for the .Alternative Site Plan. Noise. Impacts would be the same as the Draft EIR Project. The Draft EIR concluded that vibration impacts as well as long -term mobile and stationary noise impacts would be less than significant. The analysis also determined that the Draft LIR Project would result in less than significant short -term construction noise impacts with implementation of Mitigation Measure N-1. No impacts were identified with regard to public airports or private airstrips. The Alternative Site Plan would result in the same amount of construction activities, residential development, and daily trips. Thus, the Alternative Site Plan would not result in increased noise levels compared to the Draft EIR Project. Impacts from vibration, long -term mobile and stationary noise, and airports would be less than significant. With implementation of Mitigation Measure N -"l, construction - related noise impacts would be reduced to less than significant levels, the same as the Draft EIR. No new impacts have been identified and no new mitigation measures are required for the .Alternative Site Plan. Population and Housing. Impacts would be the same as the Draft EIR Project. The Draft EIR concluded that the project would result in less than significant impacts with regards to displacement and population growth, as the project would construct 48 residential units and displace one single: - family dwelling. As was the case with the Draft EIR Project, the _Alternative Site Plan would construct 48 residential units and displace one single- fatavly dwelling. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Recreation. Impacts would be the same as the Draft EIR Project. The Draft EIR concluded that the project would result in less than significant impacts to recreational facilities, as the project would not result in the deterioration of recreational facilities and the project involves passive open space use on the southern portion of the site. As was the case with the Draft LIR Project, the Alternative Site Plan would construct 48 residential units and would include 6.4 acres of passive open space use on the southern portion of the site. Impacts to recreational facilities would be less than significant. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Transportation /Circulation, A review of the potential traffic and circulation impacts associated with the Alternative Site Plan was conducted by Linscott, Law & Greenspan, Engineers whom conducted the traffic impact analysis study for the Draft EIR. The results of their findings are May 2012 2 -5 Environmental Analysis City of Seal Beach Department of Water and Power Specific Plan Amendment Environmental Analysis oldie Alternative Site. Plan . summarized below, and a copy of the analysis can be found in Attachment B, Sapp /ementa/ Traffic Analysis. The Draft EIR concluded that the project would result in less than significant transportation / circulation impacts with implementation of Mitigation Measures TRA -1 through MA-4. With a proposed development total of 48 residential units and 6.4 acres of open space /parkland, the Alternative Site Plan is forecast to generate the same amount of traffic as that which was evaluated in the Draft EIR. Therefore, traffic impacts associated with the Alternative Site Plan would be substantially similar to the Draft EIR Project and the results and findings of the traffic analysis included in the Trafc Impact Anaahy.sis Report fir the Ocean Place Residential Pr elect dated October 27, 2011 are still valid. A review of the Alternative Site Plan indicates that primary access to the project site would be provided via a driveway located along Marina Drive (identified as `A' Street) and via a driveway located directly opposite Central Way at 1" Street (identified as B' Street), while secondary access would be provided via a "full access" alley (fey `D') on 14` Street. Unlike the Draft EIR Project, secondary access to the site from Marina Drive is not proposed and has been eliminated from the :alternative Site Plan. The primary project site access locations on Marina Drive at `A' Street and 151 Street at `B' Street /Central Way would be designed in accordance with City of Seal Beach standards. On -site circulation would be provided by `A' Street, `B' Street, and 'C' Street, with B' Street designed to City of Seal Beach standards with a paved width of 36 feet within a 56 -foot right-of-way, and `A' Street and `C' Street designed to private street standards, with paved widths of 30 feet within a 46 -foot right -of -way and 28-feet within a. 36 -foot right-of-way, respectively. Alleys `D' and `E' would also provide on -site. circulation. With regards to on- street parking, the Alternative Site Plan provides up to 30 on- street parking spaces, while the. Draft EIR project provided 33 spaces. The City does not require any on- street spaces, thus the deletion of three parking spaces would not result in a significant impact. Figure 11- la of Attachment B illustrates the on- street parking layout for the .alternative Site Plan. It should be noted that the typical driveway detail shown on the tract map indicates driveways on the north side of `B' Street, not on the alley. Therefore, `B' Street parking is only available on the south side of `B' Street, contrary to Figure 11 -1a of Attachment B. A review of this figure indicates that up to nine vehicles could park curbside along the westerly curb face of 1' Street, while up to 10 vehicles and 11 vehucies have the ability to park curbside along `A' Street and. B' Street, respectively. A line of sight analysis was also conducted for the project driveways (refer. to Figures 10 -la and 10- 2a of Attachment B). These figures illustrate the actual sight distances and corresponding limited use areas. As shown, a motorist's sight distance may be obstructed by future project landscapes and /or hardscapes along project frontage. A. review of both Figure 10 -la and Figure 10--2a indicates that sight distances at the project driveways and alleys aree expected to be adequate if obstructions within the sight triangles are minimized. Therefore, any landscaping and /or hardscapes should be designed such that a driver's clear line of sight is not obstructed and does not threaten vehicular or pedestrian safety, as determined by the City Engineer (see limited use areas on Figures 10 -1a. and 10- 2a). As such, the following changes are recommended to Draft EIR. Mitigations Measures TRA -2 and TRA -3: TRA -2 Prior to issuance of any grading permits, a Landscape. Plan shall be submitted to the City Engineer verifying that all landscaping and /or hardscapes shall be designed such that a driver's clear line of sight is not obstructed and does not threaten vehicular or pedestrian May 20 12 2 -6 Environmental Analysis City of Seal Beach Department of Water and Power Specific Plan. Amendment Environmental Analysis of the Alternative Site Plan safety consistent with Figure 10 -1a, Site Distance Analysis Project Access Points at Marina Dive, and Figure 10 -2 a, Site Distance .Analysis Project Access Paints at First Street, of the Supplemental Traffic Assessment Ocean Place Residential Project — Alternative Plan (Traffic Impact Analysis), prepared by Linscott, Law & Greenspan Engineers (October 27, 2011 May 221_2). The Traffic Impact Analysis is included in cndix 11.5, Tra tc lirr actd4iaal}sis f this EIR and is incorporated by reference into this mitigation measure. T Prior to the issuance of any building permits, a "STOP" sign and stop bar shall be installed at the project driveway ('A' Street) and alley (Al 1 'y- on Marina Drive and at the project driveway ('B' Street) and alley (Alley SD') on 1 " Street. Appropriate striping, signage, and /or pavement legends shall also be installed in accordance with Seal Beach standards. These improvements shall be indicated on the grading plan and Final. Tentative Tract Map and shall be submitted to the City Engineer for review and approval. These clarifications and modifications would be applicable to the Alternative Site Plan and are not considered to result in any new or greater impacts than those identified in the Draft EIR. With the implementation of these recommended changes to the Mitigation Measures, no new significant impacts would result due to the Alternative Site Plan. Public Services. Impacts would be the same as the Draft EIR Project. The Draft EIR concluded that less than significant impacts to public services, including fire protection, police protection, schools, parks, and other public facilities would result with implementation of Mitigation. Measure PSU -1. The Alternative Site. Plan would result in the same demands on public services as the Draft EIR Project, as the Alternative Site Plan would construct 48 residential units and passive open space. Impacts to public services would be less than significant with implementation of Mitigation Measure PSU -1. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan. Utilities and Service Systems. Impacts would be the same as the Draft EIR Project. The Draft EIR concluded that the project would result in less than significant impacts to utilities and service systems, including water services, wastewater services, and solid waste with implementation of Mitigation Measure PSU -2. The Alternative Site Plan would result in the same demands on utilities and service systems as the Draft EIR Project, as the Alternative Site Plan would result in the same amount of development. The same as the Draft EIR Project, impacts to utilities and service systems for the Alternative Site Plan would be less than significant with implementation of Mitigation Measure PSU -2. No new impacts have been identified and no new mitigation measures are required for the Alternative Site Plan, 2.1 Conclusion As detailed in the analysis presented above, the Alternative Site. Plan would not result in greater impacts than were identified for the Draft. EIR Project. As the roadway configuration has been slightly altered, the Draft EIR Mitigation Measures TRA -2 through TRA -4, have been modified to 2012 2 -7 Environmental Analysis City of Seal Beach. Department of 'Water and Power Specific Plan Amendment Envitonmental..Analvsis of the ..Alternative Site Plan apply to the Alternative Site Plan. However, these modifications are not considered to result in any new or greater impacts than those identified in the 1)raft .1,11„ Thus, no new impacts have been identified and no new mitigation measures are required for implementation of the Alternative Site Plan, compared to the Draft EIR Project. May 2012 2 - 8 Environmental Analysis Attachment A- Hydrologic and Hydraulic Narrative for the Revised TM 1181111111111r 411,11.110111111 • nor ..w460, FUSCOE 1 N G 1 11 1 1 1 I 11 G Memo To: Eddie Torres From: Mark Nero, Senior Engineer Date: May 9, 2012 Re: "ITM 17425, Ocean Place — Hydrologic and Hydraulic Narrative for Revised TM The general division of hydrologic areas is still situated centrally across the site divided by a roughly east-west line. The southern hydrologic area grew by approximately 0.38 acres with a corresponding reduction in the northerly half. This will require an approximate 20 percent increase (about 400 c.f.)in detention volume for the southern portion of the site. This increase in flow to the southerly portion of the site will also reduce the demand on the city's existing storm drain system. While required to maintain runoff volumes to preexisting conditions, the additional 0.38 acres only increases the peak 25-year storm event runoff by 1cfs using the yield from the preliminary study. The project uses virtually the same storm drain alignments as the originally submitted map. Two additional grate type inlets, located on the north and south ends of Alley "E" are used to <eep grades and grading elevations from varying excessively across the site. Pad grades tend to be lower in elevation than the original submittal and the average pad elevation of the project is 13.8 feet, down from an average pad elevation of 14 feet on the initial submittal. Pads along the lots fronting First Street previously varied by two-feet from north to south and are now almost level and average about 1.5 feet above curb level. The Water Quality BMP's proposed for the initial submittal are still valid for this site plan. Bio swales are proposed within Lots "I" and "J" and Filterra (or similar) units will be used on the streets. Lot F is a detention basin and may also use underground components to enhance the volume detained. Lot "G" has the potential for detention also but would most likely take the form of underground storage due to the small size. There is no change to the open area hydrology. Primary project entrances are located on the First Street side across from Central Avenue and on the north Marina Drive side, across and slightly westerly from the existing Riverbeach entry located on the north side of Marina Drive. The relocation of the entries did not affect the drainage of the project. If you have any questions or need additional information, please contact me. 16795 Von Korman, Suite 100, Irvine, California 92606 • tel 949,474,1960 • fax 949.225.6090 • www,fuscoexom Attachment B — Supplemental Traffic Analysis May 22, 2012 Mr. Eddie Torres RBF Consulting Planning / Environmental Services 14725 Alton Parkway Irvine, CA 92618 LLG Reference No. 2.10.3158A Subject: Supplemental Traffic Assessment Ocean Place Residential Project — Alternative Plan Seal Beach, California Dear Mr. Torres: As requested, Linseott, Law, & Greenspan, Engineers (LLG) is pleased to submit this Supplemental Traffic Assessment associated with an Alternative Plan for the proposed Ocean Place Residential Project. The project site, which is located within the Department of Water and Power (DWP) Specific Plan, is generally located south of Marina Drive, east of the San Gabriel River Channel, west of 1St Street and north of the Rivers End Cafelbeach parking lot in the City of Seal Beach, California. This traffic assessment evaluates the potential traffic impacts associated with the revisions to the Project site plan, in particular the site access and internal circulation layout of the Alternative Plan. The Traffic Impact Analysis Report for the Ocean Place Residential Project dated October 27, 2011 was utilized as a database/reference for this supplemental assessment. PROJECT DESCRIPTION — ALTERNATIVE PLAN Figure 2-la presents the Alternative Plan for the Project as prepared by Fuscoe Engineering. A review of this plan indicates that the proposed Project includes the development of a 48-unit single family residential development, which is identical to the total number of units assessed in the October 2011 traffic study. Under the proposed lot layout of the Alternative Plan, lots 9 through 17, plus Lot 25 will encroach into the existing right-of-way of 1st Street, thus reducing its overall width south of Marina Drive. As a result and similar to the previously proposed plan, a triangular portion of 1st Street will be vacated and the intersection of Marina Drive/1 at Street will be realigned as part of the proposed Project. With a proposed paved cross-section of 40 feet, l' Street, south of Marina Drive will provide one 16-foot southbound departure lane, a Engineers & Planners Traffic Transportation Parking Unseen., Law & Greenspan, Engineers 1580 Corporate Drive Suite 122 Costa Mesa, CA 92626 714.641.1587 r 714.641.0139 F uvww.11gengineers.com Pasadena Costa Mesa San Diego Las Vegas Mr. Eddie Torres May 22, 2012 Page 2 10-foot northbound left-turn lane and a 14-foot northbound shared through/right-turn lane (See Figure 2-la). Site Access and Internal Circulation — Alternative Plan A review of the Alternative Plan as illustrated in Figure 2-la indicates that primary access to the project site will be provided via a driveway located along Marina Drive (identified as "Street A" in the proposed site plan) and via a driveway located directly opposite Central Way at lst Street (identified as "Street B" in the proposed site plan), while secondary access will be provided via a "full access" alley ("Alley D") on 1st Street. Unlike the previously proposed plan, secondary access to the site from Marina Drive is not proposed and has been eliminated from the Alternative Plan. The primary Project access locations on Marina Drive at "Street A" and 151 Street at "Street B" / Central Way will be designed in accordance with City of Seal Beach standards. On-site circulation will be provided by "Street A", "Street B", and "Street C", with "Street B" designed to City of Seal Beach standards with a paved width of 36 feet within a 56-foot right-of-way, and "Street A" and "Street C" designed to private street standards with paved widths of 30 feet within a 46-foot right-of-way and 28-feet within a 36-foot right-of-way, respectively. TRIP GENERATION ANALYSIS — ALTERNATIVE PLAN With a proposed development total of 48 residential units and 6.4 acres of open space/parkland, the Alternative Plan is forecast to generate the same amount of traffic as that which was evaluated in the October 2011 traffic study. Therefore, we conclude that the traffic impacts of the Alternative Plan would be similar to the previously proposed Project and the results and findings of the traffic analysis included in the Traffic Impact Analysis Report for the Ocean Place Residential Project dated October 27 2011 are still valid Mr, Eddie Torres May 22, 2012 Page 3 SIGHT DISTANCE EVALUATION — ALTERNATIVE PLAN Figures 10-1a and 10-2a present updated schematics of the sight distance evaluations performed at the Alternative Plan driveways/alleys on Marina Drive and 1st Street, respectively. These figures illustrate the actual sight distances and corresponding limited use areas. As shown, a motorist's sight distance may be obstructed by future project landscapes and/or hardscapes along project frontage. A review of both Figure 10-la and Figure 10-2a indicates that sight distances at the Project driveways and alleys are expected to be adequate if obstructions within the sight triangles are minimized. Therefore, any landscaping and/or hardscapes should be designed such that a driver's clear line of sight is not obstructed and does not threaten vehicular or pedestrian safety, as determined by the City Engineer (see limited use areas on Figures 10-la and 1O-2a). As such, we conclude that project access will be adequate. CITY CODE PARKING ANALYSIS — ALTERNATIVE PLAN Off-Street Parking Per the City of Seal Beach Municipal Code — Chapter 11.4.20 Off-Street Parking and Loading, the Alternative Plan would require a total of 96 spaces based on the following parking ratio: Single-Unit Dwelling — 2 spaces per dwellingfor each unit of 1 to 5 bedrooms Each residential lot will be required to meet the City requirements at the time of construction and would provide, at a minimum, a 2 car garage per dwelling unit. On-Street Parking With regards to on-street parking, the Alternative Plan provides up to thirty (30 on- street parking spaces that will be available to satisfy guest parking requirements. Figure 11-la illustrates the on-street parking layout for the Alternative Plan. A review of this figure indicates that up to nine (9) vehicles could park curbside along the westerly curb face of l Street, while up to ten (10) vehicles and eleven (11) vehicles have the ability to park curbside along "Street A" and -Street respectively. The limits of on-street parking and design of such spaces to be provided by the Project will be designed in accordance with City of Seal Beach standards. Mr. Eddie Torres May 22, 2012 Page 4 PROJECT SPECIFIC IMPROVEMENTS — ALTERNATIVE PLAN The following improvements are recommended to ensure adequate access and egress to the project site is provided as part of the development of the Alternative Plan: Install a "STOP" sign and stop bar at the project driveway (Street A) on Marina Drive. Install appropriate striping, signage and/or pavement legends per City of Seal Beach standards/requirements. • Install a "STOP" sign and stop bar at the project driveway (Street B) and alley (Alley D) along 1 st Street. Install appropriate striping, signage and/or pavement legends per City of Seal Beach standards/requirements. In conjunction with the proposed vacation of 1St Street, south of Marina Drive, restripe 1st Street within the proposed 40-foot paved cross section to provide one 16-foot southbound departure lane, a 10-foot northbound left-turn lane and a 14- foot northbound shared through/right-turn lane. To accommodate the proposed Project improvements on 1st Street, south of Marina Drive, modify the existing median and roadway cross section to minimize the offset through the intersection and realign the southbound approach with the proposed northbound approach on list Street. Within a recommended paved cross section of 40-feet, provide one 16- foot northbound departure lane, a 10-foot southbound left-turn lane and a 14-foot southbound through lane; a separate southbound right-turn lane will be maintained. Figure 12-la conceptually illustrates the recommended layout for the intersection of ist Street at Marina Drive upon completion of the proposed Project. Mr. Eddie Torres May 22, 2012 Page 5 We appreciate the opportunity to prepare this supplemental traffic assessment for you and the City of Seal Beach. Should you have any questions or need additional assistance, please do not hesitate to call me at (714) 641-1587. Very truly yours, Linscott, Law & Greenspan, Engineers Richard E. Barretto, P.E. Principal Attachments cc: file Dan Kloos, P.E., Senior Transportation Engineer ,..AREA OF LOT L ADJUSTVENT MANCE RIVERS MD CAFE LOT PROPOSED 6.4 ACRES OPEN SPACE PARK/OP F.Ff IRaACE DED ON RESIDENT/AL 020€4 YELE M R4 INEFNA LANDSCAPING AREA AND 0.07.1 SEPARATE 3AOTM4Ci£M➢ FENNT -R§Gt LANE SEA a rr NOTIFY STIER. TO FTf i7 ROADWAY WITH A NORIHDOUt0 LFF? -TURN A0ROA61 LANE AND SNARED 001 -111RN APPNPA01 LANE AND ONE DEYARNURE 10110 1NNTALt Be OF RED aSED RO NENNECT PARKING FOE NEW LAI,E DONFIGURA1FDN AW GR-ENSRAN, ENGINEERS ocetztalw - PAFTETp MARINA PARK 2 NG FIGURE 2 =1A CONCEPTUAL IMPROVEMENT PLAN FIRST STREET AT MARINA DRIVE EXISTING PLUS PROJECT CONDITIONS) SEAL BEACH. CA 2 STOPPING SIGHT DISTANCE 05578 SPUD 11015 REWIRED =MSG SIGHT 0STA1000 LEGEND 35 Misit 250 FEET =FM GSWEga USA 01954092. ROW kW De *W. 941499 A99 S. 49 90099! saus cd•932 5:1£ RUA o _ \ __MARINA DRIVE PUBLIC PROM9620 BY LINSCOTT, LAW & GREENSPAN, ENG1N'EERS 12190:92151911 RAMIE - 1111.110 1901.05 - MIXING o 2999415 ••m• •Km Pa•••• CA RIR 999999911-9111. • Isla ummolm. IM Nms: cs. gam O19 941-91.7 o 91.2 nmm• SA. 705 •• :9•5 "'BSO B CH MARK: 091-51TE DEDICATION ER 2W APPROVALS SAM TRAFFIC MORA IBT PRIMO RAMER APPROVES ocke • FIGURE 10-1A SIGHT DISTANCE ANALYSIS PROJECT ACCESS POINTS AT MARINA DRIVE SEAL BEACH, GA eh \dwg \3156F1. n: \3100 \2103158 — ocean place residential STOPPiNG SIGHT DISTANCE Cl WEED UUfl FIEVARED -11,1PFING =HT WITISNCIE RESIDENTIAL LINSCOTT, LAW & GREENSPAN, ENGINEERS 1WISPORTA104 RARING - TIMM 010■EMI4 FAAMMO In MI .41 ardir kreao. Paiscana 4 9 411) AII1-33¢ TM Ca,. 110, t32. Le. a. .14111 C.) .1-15S7 a. 4041 MID-em 011(1 MIMES FIGURE 10-2A SIGHT DISTANCE ANALYSIS PROJECT ACCESS POINTS AT FIRST STREET SEAL BEACH, CA 5/22,,,z RESIDENTIAL 1ST SLEET {PUBLJC) RESIDENTIAL. REVISIONS REENSPAN, ENCINEERS MEM ERGWErten - RN9eeC ID }g xxA e31Rie lvnm A.b 7344 Pm�a CA 101&F CYd3 %vE -491 s ISM arms z.e :a.m w...w m.. 41 -4.5+, 0 U4, - — 311,19. MARINA PARK B01LH NARK: APPROVALS Ass, En, 1.1gairi OW. IEINT CF AFPRCNED ea 1 > SOURCE: FUSCOE ENGINEERING 0 FIGURE 11 =1A ON- STREET PARKING LAYOUT SEAL BEACH. CA tit NI: I — f jIirt : 2 23 35 34 33 32 31 30 29 28 27 26 25 22 20", 19 18 6 RESIDENTIAL — — ALLEY 2215220 250220 05 INENEAW L20IMAP040 20022 Me 14221504 03EANA0E 07,0510001 TESHT-TUNN LANE 17 5 15 1ST STREET (PUBLIC) '-; : - i 1 • - 1 E E . . ,,LMODIN.1.4.1127IitozwAvoli 1 i ii I EWE AM SHANSEIMEE,SUFEN ATEMEACET E--LANE-ANDSEIE-5TTTAIITUNCEANIE----- 1----1 ■• INSTALL OF RED OAS TO RESTRICE - PANTING RIR NEW LANE 00014LINA1220 RESIDENTIAL UNSCOTT. LAW & GREENSPAN; ENGINEERS TRANSESETAMti REIMS - MEETS TIMMINS - ETLEAV gar& 1,1 Pewatlalo vats 505 010 1541 I.... 152151510115 Ss= DS. 444201 IW EMI= =NM= =SWIM' - AREA OF VACATION 0E0205 WEIS. 0MTALL 2002 01 50 4250 15.50110012205055 EENt ASEI LANS OINETESEERSCRI 245000121505 10 1220250E 5001000.10 20052211205 LATET 2422) 4242) SOIETNIECEIND LET,TENIN AILEINERATEL LANE AND NNE KLAIETP EUGHT- TURN 00004014 EAST MARINA PARK 0NEELOVAs0 30 ES 0 05 SCALE 1T-30' FIGURE 12,1A ALTERNATIVE CONCEPTUAL IMPROVEMENT PLAN FIRST STREET AT MARINA DRIVE (EXISTING PLUS PROJECT CONDITIONS) SEAL BEACH, CA 51'22/05 li.LIESEXCE AO. I D. 150500 00