HomeMy WebLinkAboutCC AG PKT 2012-07-09 #M (attachment 3) ATTACHMENT 3
Draft Resolution No. 6275
approving Tentative Tract Map 17425, as revised
RESOLUTION NUMBER 6275
A RESOLUTION OF THE SEAL BEACH CITY COUNCIL
APPROVING TENTATIVE TRACT MAP 17425, A 32-LOT
RESIDENTIAL SUBDIVISION IN THE DEPARTMENT OF WATER
AND POWER SPECIFIC PLAN AREA
THE SEAL BEACH CITY COUNCIL HEREBY FINDS, DETERMINES
AND RESOLVES:
Section 1. Bay City Partners ("Applicant") submitted an application for
approval of Tentative Tract Map 17425 ("TTM 17425") to subdivide the northerly
4.5 acres of the property commonly known as the DWP site ("site") into 48
residential lots. To effectuate the application, the City of Seal Beach ("City")
General Plan, the DWP Specific Plan and official Zoning Map need to be
amended.
a. The area proposed to be subdivided is part of a 10.9-acre
site that includes the currently vacant DWP site including 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.
b. The General Plan Land Use Map depicts the site as Open
Space and the text of the General Plan states that the property can be developed
in accordance with the DWP Specific Plan, which contains the following
designations: a visitor serving hotel on the northerly portion of the DWP site; and
open space on the southerly portion of the site. Thus, prior to subdividing the
property as requested, the General Plan and the DWP Specific Plan would
therefore have to be amended to ensure that the Project is consistent with the
General Plan and Specific Plan.
c. Surrounding land uses include residential, commercial,
public beach, and recreational/open space uses. To the north are the River
Beach Town Homes, zoned Residential High Density 33 ("RHD 33"), and Marina
Park. To the east is Old Town Seal Beach, zoned Residential High Density 20
("RHD 20"). To the south is the public beach and beach parking lot. To the west
is the San Gabriel River and associated bike trail.
Section 2. On February 6, 2012, the City's Subdivision Technical
Review Committee considered TTM 17425 at public meetings and accepted
public input regarding the proposed map.
Section 3. On May 2, 2012 and June 6, 2012, the Planning
Commission held two duly noticed public hearings on the application. At the first
public hearing, the Applicant submitted a revised TTM 17425 that, among other
things,changed the orientation of a number of the proposed lots.
Section 4. After considering all the evidence presented at the two public
hearings, the Planning Commission adopted Planning Commission Resolution
12-9, recommending that the City Council certify the Final EIR, adopt the
Mitigation Monitoring and Reporting Program for the Project, and approve the
Project, inclusive of the Applicant's revised tract map and subject to such
additional conditions and recommendations specified in the resolution. The
additional conditions included: (a) reduced density; (b) larger lots; (c) all
residential lots must be northerly of the prolongation of the northerly right-of-way
of Central Way; (d) reduction of the lots adjacent to the San Gabriel River; and
(e) public streets and alleys. Pursuant to the Planning Commission's
recommendations, the applicant submitted a third TTM 17425, for a 32-lot
subdivision, with the following features. TTM 17425, as revised, is attached
hereto as Exhibit A and incorporated by this reference as though set forth in full.
TIM 17425, as revised, includes the following:
12805-0002\1449561v6.doc
Resolution Number 6275
a. TTM 17425 would allow development of 32 single family
detached single family units on approximately 4.5 acres in the northern portion of
the project site. The Applicant would construct the finished pads and all
infrastructure necessary to serve the new residential development in a single
phase. Residential units would be developed individually by homeowners as
custom homes, depending on market conditions and demand. Vehicle access to
the residential development would be via newly constructed public streets from
Marina Drive and First Street and public internal alleyways.
b. The footprint of residential development depicted in Exhibit B
would be approximately 0.16 acre smaller in area than either previously
proposed map because it eliminates any residential lots south of the northern
boundary of the proposed prolongation of Central Way.
c. Other material differences between the most recently revised
map and the two previous versions are summarized in the following table.
Tentative Tract Tentative Tract Tentative Tract
17425 17425 17425
Original Rev'd 5/2112 Rev'd 6/11/12
Submittal
#Residential lots 48 48 32
Lot size range 2,680-3,280 2,625—3,289 3,144—5,787
(s.f.)
Lot width range 25—25.5' 25' 30—58'
Lot depth range 107—115' 106—110' 100-142'
Central Way No Yes Yes
alignment?
#Lots south of
northerly ROW
boundary of 14 3 0
Central Way
projection
Lot orientation Front—on(9) Front—on(8)
along 1st Street Side—on(3) Side—on(1) Side—on(1)
#Lots adjacent to 13 13 5
river
#Lots with alley 24 27 20
access
Cul-de-sacs Private drive Private alley None
serving 5 lots serving 3 lots
Roadway Public street Public/private Public streets and
ownership Public alleys streets alleys
Private drive Private alleys y
#Common area 5 5 3
open space lots
Section 5. The City's environmental consultant has reviewed the most
recent revisions to TTM 17425, 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 most recently revised would not result in greater impacts than the
Resolution Number 6275
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 identified in the Final EIR. The City Council 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 for the most recent revision to TTM 17425.
Section 6. Staff has recommended the conditions of approval of TTM
17425 ("Conditions") set forth in Exhibit B to this Resolution, which is hereby
incorporated by this reference as if set forth in full.
Section 7. Pursuant to 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 Seal Beach Municipal Code ("SBMC") Chapter
11.5.35 and Title 10, the City Council held a public hearing on June 25, 2012 to
review the Final EIR and the Project, including the most recent revisions to TIM
17425 and to consider the recommendations of the Planning Commission. The
record of the public hearing held by the City Council indicates the following:
Section 8. All persons wishing to address the City Council 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 requests on various grounds.
Section 9. After the close of the public hearing, the City Council voted
to adopt Resolution 6273, thereby (1)certifying the Final EIR, (2) making findings
in support thereof, (3) adopting a Mitigation Monitoring and Reporting Program
for the Project, and Resolution 6273 is hereby incorporated herein as if set forth
in full.
Section 10. On June 25, 2012, the City Council held a public hearing to
review the project including TTM 17425, as revised.
Section 11. Based upon substantial evidence in the record of the hearing
regarding the Project,the City Council hereby finds as follows:
a. TTM 17425, as revised and subject to the conditions
recommended by staff provides a comprehensive development plan for the
subject property that accomplishes the following goals:
1. Creation of a comprehensive land use and
infrastructure plan for under-utilized and vacant properties that includes a
reasonable range of land uses and provides for the construction and
maintenance of public improvements to the street and circulation system.
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 Project impacts below the level of
significance.
Section 12. The City Council finds further as follows regarding TTM
17425, as revised and subject to the Conditions recommended by staff:
1. The proposed subdivision, including design and
improvements, is consistent with the General Plan and the DWP Specific Plan,
Resolution Number 6275
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 because it is relatively flat and immediately
adjacent to existing residential neighborhoods which have been developed at a
similar 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 because, as discussed in the Final EIR, the Project
has been conditioned and revised so as to avoid any significant and unavoidable
environmental impacts to biological resources.
4. The design of the subdivision and improvements are
not likely to cause serious public health problems because, as discussed more
fully in the Final EIR, the Project has been conditioned and revised so as to avoid
any significant and unavoidable environmental impacts involving hazardous
materials, hazardous traffic conditions, and other possible threats to public
health.
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 because the tract map does not
affect public access to the San Gabriel River bike trail and the conditions of
approval require any public trust issues to be resolved prior to final map
approval.
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 because, as discussed more fully in the Final EIR, the Project will
not conflict with any water quality standard or waste discharge requirement. In
particular, the Project will have to comply with the requirements of an approved
Storm Water Pollution Prevention Plan and the NPDES Permit for General
Construction Activities, including implementation of all Best Management
Practices,as approved by the State Water Resources Quality Control Board.
7. Reports regarding soils and geological hazards have
not indicated adverse soil or geological conditions; nor has the Applicant failed to
provide adequate or sufficient information in this regard. As more fully discussed
in the Final EIR, study and analysis of soils, geology, and seismicity, and of
hazardous materials, demonstrate the Project will have no significant impacts in
these regards.
Section 13. TTM 17425, as most recently revised and subject to the
Conditions recommended by staff, will promote the public health, safety, and
welfare and is in the public interest.
Section 14. Based on the foregoing facts and findings, the City Council
hereby approves TTM 17425, as revised and subject to the Conditions
recommended by staff.
Section 15. This Resolution shall not go into effect unless and until the
City Council also approves General Plan Amendment 11-1, Specific Plan
Amendment 11-1, Zoning Map Amendment 11-1, and those approvals become
effective.
Section 16. The City Clerk shall certify to the passage and adoption of
this Resolution.
Resolution Number 6275
PASSED, APPROVED and ADOPTED by the Seal Beach City Council at
a regular meeting held on the 9th day of July , 2012 by the following vote:
AYES: Council Members
NOES: Council Members
ABSENT: Council Members
ABSTAIN: Council Members
Mayor
ATTEST:
City Clerk
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Linda Devine, City Clerk of the City of Seal Beach, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 6275 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council at
a regular meeting held on the 9th day of July , 2012.
City Clerk
Resolution Number 6275
EXHIBIT "A"
Tentative Tract Map 17425
(Revision Date: June 11, 2012)
e ? U No -7 i —rio
#' 3i CB d' c e ��D-Ili CL r U °, —
c °,
r
�- ��� v a- o
W U m a aa
(n a m °z
b g e
glipol
b�� QQ b 3 #®b' !4 v. e. U!! 2 117.2 °''se "'E 7..7.
q4#� �a �e � $ 4 g a =MA U!! i-ii2:65cs ii s i i°°= i."i
b€ iS'ipb 6/ 3 6 gp3 FFS 11 2 ggp x =S_-as- e_ .s!
n` °@3`� =.!1 $¢ R is F 311. gV`k #v � g.. cilli_s•- !t3€;IIMI°3 i"= 3 3111$'
baa#' # nbl c € �a dill l .Q "e 4$ 3°€_E } s $ g'€ €g' €_.'$F $'$€ ad?a .�
;� g I g' g#@ z >e Qb a �-+� �_ = aFs13� �° $°» ¢, �nae $€ !Mil
\
dirndl! 61i�i W I I z�it71�19 �;38i9 111 sg sE "•1E
4 ,,,,1 )
o 3
t .Oa Of Man f°°S'TF°""
y1
A + go `I, 5_ -.', a� q 5Y¢ i 1`
-sy- 11 C/ �` b
--'`Z. ----Pf5P r-i.::-.1_ r--'=5*-.--"- -7- 1---712 ss , lig 1 ja,
IIjI is ° r _/ ���n , 11,„
'-„``.a��-�, '”'.. -„., "g'ro `—'ice, r ,
ft__ �• '� ; c 1 ( BXa " . 4.1, a �� I I I ' If TIFt
z 1,{'i i( i Q'\ /,�' III ry n x ° _ =i�l �_ -Jo,l=� I (Y N
Q... I I I .Ih,,
Iut ti
C fe ,,,,• i\� 1 11 1 � 11 .I,
> �11 A11 �} � II • I S� >_ I I k — I I !I� rl'
`t1. 'd y1R• �� s.:i s s I qj
W1 ,1, \...J %,� ',. .�.. _ 17 A, kl I. _ .1 I,g
1111 t�
Q o I t:` 1`, .='I y..0�� .�'.'. r [, _7 13nd 1331115,7,I— j7 I 1
W �VI�Y; �� f\ _ w—° --111.. I P.I II�1 ; I I �.3 1 R.• A —�xi s— e---.,. 1 Ik - 1 I f.lit;i1�aW. ° ', ,_ fir- y i ik If
Z ,° -
PU'� 1 ,✓ ` I k ru , %E. 11` �u
W\ Wit-`e ` x ` 1 1� 11 n O I r� W e
,1i 1.1 l 1
WR 1�.1�, 'A. },, ��� —— A A N A Fey
�L I r
Q ?c,1 ' r 1 ,+ 0 4 ,
'+ �' Y 1 '� k n e n $ n v n ! " a t1 I I4�.9
' I11,1,1 :. \ n - fir,.'., m c-4, �l`
li!.i11 '`I 1 6 s 1 \l I il.�11 V'\ 1��:i1.. Y•��i`12 _`I` nl `.:- .rte-.T9 " __3 8~•
+1 1`� ; \�1 , b� n.:.bnenal�aais s, *. ..�'I -
I 1 , 1 —
` \ ;'� ` -Y '__ -- -•-'-rte«T - .i.6..:.cT----- --
\ \,`11`1� \'A \ m~ gamg\
\ 51o,„ 9 B �ti\
, Al \ )VA;1 8
� F 1 ■ �\ � A 1ti____id , k
\ i' tI / 1!1 �
O 11 *
/ I 7 7 /.) i
Resolution Number 6275
EXHIBIT "B"
Conditions of Approval for
Tentative Tract Map 17425
(Revision Date: June 11, 2012)
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 contain provisions including but not limited
to maintenance and responsibility for all open space lots.
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 Homeowners 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 Homeowners Association.
•