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HomeMy WebLinkAboutCC AG PKT 2012-06-25 #M (attachment 06) ATTACHMENT 6 PROPOSED CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 17425 CONDITIONS OF APPROVAL FOR TENTATIVE TRACT MAP 17425 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. The CC & R's shall include but shall not be limited to the following provisions: 1.4.1 Maintenance and responsibility for all open space lots. 1.4.2 Relative to Lot 22, located at the northwest corner of 1st Street and "B" Street: 1.4.2.1 The 6' 9" required building setback area along 1st Street shall be landscaped and shall not contain any fencing or hedges above 42 inches in height. 1.4.2.2 The main entrance to the house shall be located on the east side of the building, facing 1st Street. 1.4.2.3 The building elevation facing east towards 1st Street shall have architecturally enhanced articulation, indicative of a typical front elevation of a residence. Demonstration of this articulation shall be to the satisfaction of the City's Community Development Director. 1.4.3 Solid fencing along Marina Drive shall not exceed a height of 42 inches within ten (10) feet of the Marina Drive right-of-way. The area between any such fencing and the Marina Drive right-of-way shall be landscaped and properly maintained by either the Homeowner or the Homeowner's Association. 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. 1.11 The subdivider shall pay any applicable Fish and Game Fees as determined by the City. The applicant must deliver to the Community Development Director a check in the proper amount made payable to the Orange County Recorder within five (5) days of the City's approval of the project. 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 shown on the improvement plans as approved by the City Engineer. All proposed streets shall have a sidewalk constructed the full length on both sides of the street. 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 The subdivider shall provide a street light design compatible with the existing street lights in the City. 2.8 The 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 The 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 The 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. 2.11 The subdivider shall provide an Engineering Traffic Study prepared by a registered traffic engineer to determine the safest allowable turning movements at the intersection of Alley "E" and Marina Drive. 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 of 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 subdivider 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 The 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 The applicant shall obtain at its sole expenses sufficient title or interest in land, such as off-site rights-of-way or easements, as is necessary to implement any portion of the map, including public improvements, prior to the City's consideration of any final map that encompasses the particular improvement. In the event the applicant fails to obtain sufficient title or interest, the applicant must notify the City at least 120 days prior to submittal of the final map that the City's assistance is needed to complete the acquisition pursuant to Government Code Section 66462.5. The applicant shall enter into an agreement to completethe improvements pursuant to Government Code Section 66462.5. Such agreement shall at a minimum require as a condition precedent to the City's performance, the applicant's deposit of an amount equal to 100% of the estimated acquisition costs, including but not limited to appraisal, right-of-way agent, and legal fees and costs incurred to secure the property necessary for the improvements. The appraiser must be approved by the City prior to commencement of the appraisal. 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 to the satisfaction of the Community Development Director the landscape/fencing treatment interface between "A" Street and the commercial site to the west of the tract. 7.6 The subdivider shall indicate on the final map with bearings, meets and bounds, the parcel between Lot H and Lot 28 which shall be owned in fee and maintained by the proposed Homeowners Association.