HomeMy WebLinkAboutCC Ord 1471 2001-04-09
ORDINANCE NUMBER l!tlL
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AN ORDINANCE OF THE CITY OF SEAL
BEACH ADOPTING THE FIRST AMENDED
AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND HELLMAN PROPERTIES LLC,
REGARDING THE "HELLMAN RANCH
SPECIFIC PLAN"
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN:
Section I. The City and Hellrnan Properties LLC entered into a development
agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5
of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain
real property commonly known as the "Hellman Ranch Specific Plan" area on October 27,
1997.
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Section 2. Development of the original Hellman Ranch project approved by
the City in 1997 could not proceed without a Coastal Development Permit ("CDP")
issued by ,the California Coastal Commission ("CCC"). After approval of the project by
the CCC, litigation was filed challenging the Commission approval of CDP 5-97-367
(cases consolidated as "League for Coastal Protection et al. v. California Coastal
Commission") and a settlement agreement was eventually incorporated into the presiding
Court's order for issuance ofa Writ of Mandate.
Section 3. The CCC responded to the Writ by approving on October II,
2000, issuance of an amended CDP with conditions, CDP 5-97-367-AI, providing
conditions of deve10pment ~a'p'roject revised in accordance with the criteria established
in the Settlem't~'1lf.eeme~{,~\."
t~(~.. "\~~
Sectio~'~. ,......Th~ rnaj~Vl~roject changes encompassed in CDP 5-97-367-Al are
summarized'as: ". -', ... ...II~~:JJ.,
~ '. - .,~t
1/.\..... ",Pi
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lJ ~iw~n~tjon o~tQi previously approved golf course and the establishment of
a r00.acr.e_dee'tl-res~cted area for future wetland restoration, open space and
environmental education purposes; .
lJ Elirnination of all impacts to jurisdictional state and federal wetlands; and
lJ Elimination of development of visitor-serving commercial uses on the State
Lands Property,
lJ Establishment of a 25-year, deed-restricted area for future wetland
restoration, open space and environmental education purposes over the
remainder oil production area upon cessation of oil production uses.
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Section 5. A request has been received frorn Hellrnan Properties to arnend the
Development Agreement (First Amended and Restated Development Agreement)
regarding the Hellrnan Ranch pursuant to Development Agreement Section 6.1.2,
Modification of Developrnent Agreernent to Obtain Permits, etc. Said request is to
conform the Development Agreement provisions with the tenns of the Settlement
Agreement and Coastal Development Permit 5-97-367-Al.
Section 6. The City Council held a properly noticed public hearing regarding
the proposed development agreement amendrnents on February 26, 2001.
Section 7. The City Council previously certified a Final Environrnental
Impact Report (FEIR) for the project in 1997, The previously cenified FEIR was upheld
against legal challenge and has been fully considered by the city during its consideration
Ordinance Number J'41Jr}'
of this First Amended and Restated Development Agreement. There has been no new
infonnation, as that term is defined by CEQA, brought forward by any party to these
proceedings to indicate that the previously certified FEIR should be supplemented. In
fact, substantial evidence in the record of these proceedings demonstrates that the irnpacts
of this project have been fully analyzed and in fact are less severe than previously
disclosed. For those reasons, the previously certified FEIR remains complete and legally
adequate, and this approval is fully within its scope. The City Council's previous
findings and statement of overriding 'considerations are hereby incorporated herein by
this reference.
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Section 8. 'The City Council hereby finds that the proposed development
agreement amendment is consistent with the General Plan of the City of Seal Beach and the
HeIlman Ranch Specific Plan.
Section 9, Based upon the foregoing, the City Council hereby approves the
proposed developrnent agreement amendment, titled "First Amended and Restated
Development Agreement between the City of Seal Beach and HeIlman Properties LLC,
Regarding the "Hellman Ranch Specific Plan" incorporated by reference herein and
attached hereto as Exhibit "A" and authorizes the Mayor to execute said development
ab>reement on behalf of the City.
Section 10. The time within which to challenge the subject development
agreement is governed by Government Code Section 65009.
P ~U:D, APPR~ A~ ADDOPTED by the City Council ofthe City of Seal Beach this
.. day of !Il" · 2001. by the foIlowing vote:
. .
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the
fore oing ordinance is the original copy of Ordinance Numb~ / # 1t on file in the office
of y Clerk introduced at a meeting held on the ~ - day of
2001 and passed, approved,~doPted by t~~ C07il of the
City of Seal Beach at a rneeting thereof held on the day of . IlJ ,
2001 by the foIlowing vote:
AYES:
Councilmembe
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NOES:
Councilmembers
ABSENT: Councilmembe
and do hereby cenify that Ordinance Number It/it has been published pursuant to
t e Beach City Charter and Resolution Number 2836.
,
Ordinance Number I'~"J'
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
=-"~
Recorded in Official Records, County of Orange
Gary Granville, Clerk-Recorder
III~III~I mlll~1 ~~IIUIII" ~IIIIIIII~IIDI NO FEE
. 20010249080 03:19pm 04/24/01
109 73 N03 66
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THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT: 0 ('cl eV\CU/\CJC I Lj 7 ~
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THIS PAGE ADDED TO PROVIDE AOEQUATE SPACE FOR RECORDING INFORMATION
14rtrlitinn~1 rornl'dinn tAA ~nnlipc:\
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Ordinance Number /~
BIT "A"
RECORDING REQUESTED BY, AND
WHEN RECORDED, MAIL TO
CITY OF SEAL BEACH
OFFICE OF THE CITY CLERK
211 EIGHTH STREET
SEAL BEACH. CA 90740
The undersigned declare that this instrument is recorded at the request of and for the benefit of the CITY I
OF SEAL BEACH, and is therefor exempt from payment of recording fees pursuant to Government Code
!i 6130 and the payment of documentary transfer tax pursuant to Revenue & Texation Code !i 19222
(Space Above for Recorders Use)
FIRST AMENDED AND RESTATED DEVELOPMENT
AGREEMENT BY AND BETWEEN THE CITY OF SEAL
BEACH AND HELLMAN PROPERTIES, LLC RELATIVE
TO THE DEVELOPMENT KNOWN AS THE HELLMAN
RANCH
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April 2001
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Ordinance Number /1/1/
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF SEAL BEACH AND
HELLMAN PROPERTIES, LLC RELATIVE TO
THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH
(Pursuant to Government Code
Sections 65864-65869.5)
THIS FIRST AMENDED AND RESTATED DEVELOPMENT
AGREEMENT is entered into this day of , 2001, by and
between HELLMAN PROPERTIES, LLC, a California Iimiled liability company
("Developer") and the CITY OF SEAL BEACH, a municipal corporation ("City"),
pursuant to the authority of Sections 65864 through 65869.5 of the Government Code
and Article 27.5 (Section 28-2751 et seq.) of the Code of the City of Seal Beach.
RECITALS:
A. To strengthen the public planning process, encourage private participation
in comprehensive planning, reduce the economic risk of development and obtain
. private commilments necessary to develop well-planned, mixed use communities and
procure commilments of land and financing for open space and recreational land, the
Legislature of the State of California enacted Section 65864 et seq. of lhe Government
Code ("Developmenl Agreement Legislation"). The Development Agreement
Legislation authorizes Cily, and an applicant for a development project, to enter into a
development agreement establishing certain development rights in property that is the
subject of a development project application, Cily has adopted Article 27.5 (Section 28-
2751, et seq.) of the Code of the City of Seal Beach to implement the Development
Agreement Legislation, in order to use development agreements 10, carry out City's
planning policies.
B. Developer and City entered into a certain Development Agreemenl By
And Between The City of Seal Beach and Hellman Properties, LLC Relative to the
Development known as The Hellman Ranch (the "Development Agreement") on
October 27, 1997, which was recorded on December 15, 1997 in the Office of the
Recorder of the County of Orange as Document No. 19970641058. The Development
Agreement pertained to a project proposed by Developer for uses on its real property,
more particularly described in Exhibit A, attached hereto and incorporaled herein by
reference thereto (the "Subject Property"), pursuant to (i) the General Plan of Cily
("General Plan"), (ii) the Specific Plan for Hellman Ranch, approved as amended by
Ordinance 1420 of City Council, adopted on October 27, 1997, (the "Specific Plan"), (Hi)
the Zoning Ordinance of City, as amended by Ordinance 1420, adopted on October 27,
1997, (iv) the Subdivision Map Approval Conditions imposed in connection wilh
approval of the Vesling Tentative Subdivision Maps described as Tract No. 15402,
approved by Resolulion 4571, and Tract No. 15381, approved by Resolulion 4570 of
the City Council of the City on October 20, 1997, and (v) certain other improvement
conditions described in the "Vested Componenls" (Exhibit 5) of the Development
Agreement. The development proposed 10 be constructed in accordance wilh the
foregoing is referred to herein as the "Original Project".
C. The Development Agreement was entered into to provide public benefits,
including, but without Iimitalion, dedicalion, proteclion and enhancement of critical
wetlands and open space resources, increased tax revenues and crealion of a well-
planned residenlial community, all within a regulatory framework that will require
installation of the on and off-site road, sewer, water, drainage, landscaping, irrigation
and other improvements needed to serve the Original Project as well as providing other
benefits. The Original Project contemplated by the Development Agreement
represented a significant reduclion in density from prior development proposals on the
Subject Property and provided for a major increase in public benefils.
Ordinance Number ///71
D. Development of the Original Project could not proceed without a Coastal
Developmenl Permit ("CDP") issued by the California Coastal Commission (the "CCC").
Various opponents of the Original Project filed two lawsuits challenging the CDP for the
Original Project which were consolidated under the litle Leaaue for Coastal Proteclion
et al. v. California Coastal Commission: Citv of Seal Beach, et al.. real oarlies in
inleresl, Orange Counly Civil Case No. 801830 (lhe "CDP Litigalion"). The Superior I
Court in the CDP Liligalion issued a Writ of Mandate directing the CCC to consider and ,
act on a revised project, based upon criteria stated in a Settlement Agreement, filed on
December 29, 1999. Both City and Developer were parties to the Settlement
Agreement. The Settlement Agreement was incorporated in the Court's order for
issuance of the Writ.
E. CCC responded to lhe Writ by approving on October 11, 2000, issuance
of an amended CDP with condilions (the "CDP Condilions") (under its No. 5-97-367-
A 1). The CDP Condilions permit development of and provide conditions for
development of a project revised in accordance with the criteria established in lhe
Selllement Agreement (the "Revised Project"). A true and correct copy of the CDP
Condilions is attached hereto, marked Exhibit B and incorporated herein by reference
lhereto. The uses approved pursuant to the CDP Condilions are shown on the site plan
attached hereto, marked Exhibil C and incorporated herein by reference thereto (the
"Revised Site Plan"). It is contemplated that the Superior Court will discharge the Writ
based on the CDP Conditions for lhe Revised Project and the CDP Condilions will then
constitule an adjudicalion of the development rights with respect to the properly that is
the subject of the Development Agreement 10 lhe extent of lhe CCC's jurisdiclion.
F. The development plan for the Revised Project approved in the CDP
Condilions is consistenl with the Specific Plan bul differs in certain respects from the I
plan for lhe Original Project. The parties desire to amend the Development Agreement
10 conform 10 the terms and condilions of the CDP Condilions and to provide for the
Revised Project. Because this Amendment is intended to conform the Development
Agreement to lhe terms of the CDP Conditions, it is an amendment conlemplated by
Seclion 6.1.2 of the Development Agreement which reads as follows:
"Permils and approvals required from other agencies may necessitale
amendments to this Development Agreement and/or 10 one or more of lhe
approvals or olher approvals granted by City. Cily shall not unreasonably
wilhhold approval of any amendment hereof that is mandated by
conditions of approval imposed by any other governmental agency.
G. Developer and City desire to utilize this First Amended and Restaled
Development Agreement to secure the public benefits contemplated by the CDP
Condilions and to vest lhe enlitlements created by lhe CDP Conditions in Developer
(upon all of lhe terms and condilions thereof), all as provided pursuant to Governmenl
Code Seclions 65864 et seq. The vesting effect of this First Amended and Restated
Development Agreement is inlended to apply to the CDP Condilions, to such changes
lherein as may be adopted by the CCC on final approval that are consistent with the
CDP Conditions and do not represent material departures therefrom, and to all permits,
approvals and aclions implemenling the same pursuant to the procedures established
in or referred to in lhe CDP Condilions and the "Vested Componenls" as defined in I
Seclion 2.1 below.
H. The City Council reviewed and approved the Development Agreement. It
found the Development Agreement to be consistent with City's General Plan, the
Specific Plan and all applicable City ordinances. rules and regulalions, and that its
implementalion would be in the best interest of City and the health, .safely and welfare
of its residents. Cily considered and acted upon the Development Agreement al the
hearings described in Exhibit D, attached hereto and incorporated herein by this
reference. The ordinance authorizing execution of the Development Agreement by City
is attached herelo, marked Exhibit E and incorporated herein by lhis reference. The
environmental impacts of the development contemplated Development Agreement,
were evalualed in lhe Final Environmentallmpacl Report ("FEIR") prepared by City and
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Ordinance Number /1/1/
certified as adequate by the City Council pursuant to the California Environmental
Qualily Act, through adoption of Resolution No. 4562 (State Clearinghouse No.
96121009). The Cily Council certified lhe FEIR, adopted findings and a statemenl of
overriding considerations in connection with its approval of the Development
Agreement.
I. The City Council has reviewed and approves this First Amended and
Restated Development Agreement. It finds that this First Amended and Restated
Development Agreement is consistent with City's General Plan, the Specific Plan and
all applicable City ordinances, rules and regulations, and that its implementation is in
the best interest of City and the health, safety and welfare of its residents. City
considered and acted upon this First Amended and Restated Development Agreement
al the hearings described in Exhibit F, attached hereto and incorporated herein by this
reference. The ordinance authorizing execution of the Development Agreement by City
is attached hereto, marktld Exhibit G and incorporated herein by this reference. The
Cily Council has considered the FEIR and found that it fully and fairly addresses the
environmental impacts of the Revised Project contemplated in the Firsl Amended and
Restated Development Agreement, as the Revised Project will have fewer impacts and
provides for more inclusive mitigation measures than those anticipated in connection
with the Original Project. The City Council finds that the certification of the FEIR, the
findings and the facts that support the findings and the statement of overriding
considerations adopted therein, apply with equal force to the approval of this First
Amended and Restated Development Agreement.
NOW, THEREFORE, City and Developer agree as follows:
Article 1. Property Subject To This First Amended and Restated
Development Agreement And Term Of This First Amended and Restated
Development Agreement.
1.1. Property Subject to this First Amended and Restated
Development Agreement. This First Amended and Restaled Development
Agreement shall (i) apply to all of the Subject Property (and that portion of the land
included within the Southern California Edison Company ("SCE") right-of-way, as
shown on the Revised Site Plan, when, as and if the same is acquired by Developer),
(ii) run with fee title 10 the Subject Property, and (iii) the benefits and burdens hereof
shall bind and inure to the benefit of all the successors in interest of, the parties. The
CDP Conditions establish or suggest uses wilh respect to parcels nol owned by
Developer as follows: (i) a parcel owned by City as shown on the Revised Site Plan (lhe
"City Parcel"); and (ii) a parcel owned or held under easement by SCE as shown on lhe
Revised Site Plan.
This First Amended and Restated Development Agreement also includes
agreemenls by Developer and City wilh respect to the City Parcel and the Districl
Parcel, to the extent of the ability of Developer and City to contract with respecl to such
Parcels.
1.2. Term.
1.2.1. Term Of First Amended and Restated Development Agreement.
The term of this First Amended and Restated Development Agreement ("Term") shall
commence upon the effective date of the ordinance approving this First Amended and
Restated Development Agreement ("Ordinance Date") and shall continue until the
twentieth (20th) anniversary of the Effective Date, unless the Term is extended by duly
adopted amendment hereof, or earlier terminated in accordance with lhe provisions
hereof; provided, however, that if the ordinance approving this First Amended and
Restated Development Agreement is made the subject of a referendum or is
challenged by legal action, then the Effective Date shall be the date when the
referendum proceedings and/or legal proceedings have been concluded in a manner
that permits lhe legal commencement of the parties' obligations under this First
Ordinance Number/~;71
Amended and Restated Development Agreement. If the Term has not commenced by
the fifth (5th) anniversary date hereof, then this First Amended and Restated
Development Agreement shall have no further force or effect unless the parties extend
the same by duly executed written I~slrument.
Notwilhstanding the foregoing, however, (i) lhe restriclions contained in I
Seclion 2.3.1 shall apply so long as Parcel 2 is used for residenlial purposes; and the
reslriclions conlained in Seclion 2.3.2 shall apply so long as Parcels 1, 5 and 6 are
used for mineral. exlraclion purposes, and (ii) expiralion or terminalion of lhis First
Amended and Restated Developmenl Agreement shall not affect any right vested under
California law independent of this First Amended and Restated Development
Agreement.
1.2.2. TerlJ1 Of Subdivision Maps And Use Permits. The term of any
parcel map, tentalive subdivision map, vesling parcel map or vesling lentalive
subdivision map relaling to Ihe Subject Property or any part lhereof, and Ihe lerm of any
subdivision improvement agreement related to development of the Subject Properly or
any porlion Ihereof, shall be exlended (pursuant to Governmenl Code 66452.6(a)) for
lhe longer of. (i) the Term, or (H) the term of the parlicular map otherwise allowed under
the Subdivision Map Acl, (Governmenl Code 66410, et seq.), and City's Subdivision
Ordinance.
Article 2,
Development qf the Subject Property.
2.1. Vested Components. The (i) permitted use of Ihe Subject
Properly, (ii) provisions for reservalion or dedicalion of land for public purposes, (iii)
provisions for financing and conslruction of public improvements 10 protect the general I
fund and Ihe public generally from the costs of development of the Subject Property,
and (iv) other terms and condilions of development that apply to the Subject Property
(including, but without Iimitalion, the density or inlensity of use and the maximum height
and size of proposed buildings) under the "Approvals. and certain other aclions and
proceedings (the Approvals and all such aclions being idenlified and defined in Exhibit
H, 'attached hereto and incorporated herein by reference lhereto), are declared
"vesled," and are referred to herein as the "Vested Componenls." The Vested
Components are defined by and limited to the CDP Condilions as lhe same may be
revised by the CCC in immaterial respects that are substanlially consistenl with lhe
CDP Condilions. No part of lhe Vested Components may be revised or changed during
the Term withoul the consent of the owner of the portion of the Subject Properly 10
which lhe change applies, except as provided in Seclions 2.4 and 2.5 hereof. After lhe
Ordinance Date, ihe Vested Components shall be effeclive against, and shall not be
amended by any ordinance or regulalion enacted after the Ordinance Dale, whether
adopted or imposed by the City Council or through the inilialive or referendum process.
2.2. Development Timing.
2.2.1. Development Scheduling. Developer shall have no obligalion 10
iniliale or complete development of any phase of the Subject Property within' any period
of lime except (i) as may otherwise be stated in the Vested Components or a separate
agreement, or undertaking that (a) is part of the Vested Components, or lhat (b) is
entered into in support of any community facililies or assessment district financing, or
(ii) as provided in the Subdivision Map Act (Gov't Code ~~ 66400 et. seq.) or City's
subdivision ordinance as applied to subdivision improvement agreements.
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2.2.2. No Phased Growth Control. No future modificalion of City's code
or ordinances, or adoplion of any code, ordinance, regulalion or other action that
purports to (I) limit lhe rale of development over lime, (ii) direotly or indirectly limit the
number of residenlial building permits issued or obtainable during any period within the
Term, or (iii) aller the sequencing of developmenl phases (whether adopted or imposed
by the City Council or through the inilialive or referendum process) shall apply 10 the
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Ordinance Number /~,,/
Subject Property or any part thereof; nor shall any such modification or adoption of a
code, ordinance or regulation modify the rights held by Developer hereunder.
2.2.3. Infrastructure Components Not Within City Control. City shall
cooperate wilh Developer and use its best efforts to bring about construction of the
infrastructure required for the development contemplated in the Vested Components
that is not within City's and Developer's control; and no permits or approvals for
development of the Subject Property shall be withheld pending completion of such
conslruction unless allowing such development to proceed prior to completion of
construction would (i) violate an order of court, (ii) violate an order of a govern menial
agency with jurisdiction over City, (iii) pose a threat to health and safety, or (iv) violale
any condition of the Approvals imposed by City or any other governmental authority with
jurisdiction over the Subject Property, or any mitigation measure imposed by the FEIR.
2.3. Minerai Exploitation.
2.3.1. Prohibition In Residential, Open Space And Recreational
Areas. No portion of lhe surface of Parcel 2, as shown on the Revised Site Plan (and
no portion of said Parcel 2 that lies below and within five hundred (500) feel of the
surface of Parcel 2) may be utilized for extraction of oil, gas, hydrocarbon or any olher
mineral, metal, rock or gravel or any activities associated with or ancillary to any such
activities, Nothing herein conlained shall be deemed to prevent or restrict (i) movement
or exporl of rock, gravel or earth as part of grading activily undertaken pursuant to a
grading permil issued by City in connection with development allowed under the Vested
Components, or (ii) creation, maintenance or operation of water wells.
2.3,2. No Restriction In Mineral Production Areas. No regulation,
ordinance or rule shall be adopted by City after the Ordinance Date to prohibit, limit or
restricl mineral production, drilling and extraction activities on the surface and
subsUlface of Parcels 1, 6 and 7, as shown on the Revised Site Plan. All such activities
on said Parcels shall continue to be governed and controlled by laws, ordinances, rules
and regulations in effecl on the Ordinance Date.
2.4. Rules, Regulations and Official Policies.
2.4.1. Existing Regulations Apply. Subject to the lerms of Sections
2.4.2 and 2.4.3, the Vested Components shall control developmenl of lhe Subject
Property. As to any subject or matter not addressed in lhe Vested Componenls,
development of the Subject Property shall be subject to Cily's General Plan, zoning
ordinance, and other rules, regulations, ordinances and official policies lhat apply to
such developmenl on the Ordinance Date; provided, however, that any conflict between
the Vested Components and such plans, ordinances, rules, regulations and policies
shall be resolved' by giving full effect to the Vesled Components and the provisions
hereof to the extent permitted by law. To the extent that any future changes in lhe
General Plan, the zoning codes or other rules, ordinances, regulations or policies (olher
than the building and olher codes excepted pursuant to Section 2.4.3) conflict with this
First Amended and Restated Development Agreement and the Vested Components,
this First Amended and Restated Development Agreement and the Vested
Components shall conlrol.
2.4.2. Subdivision Of Subject Property. Developer shall have the right
from time to time to file subdivision maps and/or parcel maps with respect to some or all
of the Subject Property. Nothing herein contained shall be deemed to authorize
Developer to subdivide or use any of the Subject Property for purposes of sale, lease or
financing in any manner that conflicts wilh (i) the Subdivision Map Act, or (ii) with City's
subdivision ordinance. For purposes hereof, however, City's subdivision ordinance
shall be limited to and mean the ordinance terms and conditions as of the Ordinance
Date hereof, and no provision of a subdivision ordinance enacted, or that becomes
effective, after the Ordinance Date shall reduce Developer's rights or increase its
burdens under the Vested Components except to the extent that such ordinance is
Ordinance Number /~,,/
required 10 implement and carry oul provisions of state law enacted after lhe Ordinance
Date,.
2.4.3. Building And Fire Code Amendments Not Precluded.
Notwithstanding any other provision to the contrary, nothing herein contained shall be
deemed to prevent adoption and a.pplication to improvements upon the Subject
Property of laws, ordinances, uniform codes, rules or regulations pertaining to or
imposing life-safety, fire protection, mechanical, electrical and/or building integrity I
requirements to lhe extent that such regulations apply generally throughout Cily. The
Cily Codes thai currenlly contain such laws and regulations are (i) Uniform Building
Code, 1994 Edition, as amended by Part 2, Tille 24, California Code of Regulations; (ii)
Uniform Mechanical Code, 1994 Edition. as amended by Part 4 of Title 24, California
Code of Regulations; (iii) Uniform Plumbing Code, 1994 Edilion, as amended by Part 5
of Tide 24, California Code of Regulations; (iv) Uniform Swimming Pool, Spa and Hot
Tub Code, 1994 Edition; (v) Uniform Housing Code, 1994 Edilion; (vi) Uniform Code for
Abalement of Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994
Edition; (viii) National Electric Code, 1993 Edition, as amended by Part 3 of Tille 24,
California Code of Regulations; (ix) Uniform Fire Code, 1994 Edilion, inclUding
Appendices I-B through V-A, VIA, VI-E and VI-G thereof, except for Appendices H-H
and IV-A, and including those amendments to that Code set forth in Tide 24, California
Code of Regulations; (x) Uniform Solar Energy Code, 1994 Edition; (xi) Uniform
Building Security Code, 1994 Edition; (xii) Uniform Administrative Code, 1994 Edition;
and (xiii) Appendix Chapler I of the 1994 Uniform Code for Building ConselVation.
2.4.4. Entitlements as to the Remainder. Notwithstanding any other
provision in lhis Agreement, the Cily is not conferring upon lhe Developer, and
Developer is not receiving, any entitlements or rights, vested or otherwise, to any use in
or on the area defined as Planning Area No. 9 (the "Remainder") in the Specific Plan
other than the existing mineral production uses. Any potential future use is not an I
entitled land use (See Table 4-2, Specific Plan).
2.5. Development, Regulatory Mitigation and Application Fees.
2.5.1. Limitations. All application fees, processing fees, development
impositions and regulatory fees, set by or within the control of City (including, but
without Iimitalion, any fee or charge levied or imposed in connection with or by reason
of the conduct of development or business activity wilhin City), (i) levied upon the
Subject Property or any part thereof, (ii) charged as a condition to any application for or
approval of development or condition thereof, or (iii) imposed to mitigate adverse
environmental impacts, shall be subject to the following limitations:
(1) Application and processing fees shall not exceed those in place
as of the Ordinance Date, as increased from time to time to reflect any changes in the
actual costs incurred by City in processing such applications or managing such
processes;
(2) Regulatory fees shall be limited to the calegories and amounts
listed on Schedule I of the Vested Components and may be adjusted in the future to lhe
lesser of (i) amounts set by Cily, or (ii) the amounts existing as of the Ordinance Date,
revised in proportion 10 changes in either (a) the United Slales Department of Labor,
Bureau of Labor Statistics' Consumer Price Index (all Urban Consumers), or (b) such I
other index used by Cily as a fair indicator of fluctuations of the costs in question, from
the Ordinance Date unlil the date of such new fee setting (the foregoing not to be
conslrued as authorizing creation of any new categories of fees that apply to the
Subject Property or development thereof, except as provided in Section 2.5.1 (3) below);
and
(3) No new regulatory fees and/or developmenl impositions, may
be imposed on all or parts of the Subject Property or development thereof unless (i)
they apply on a City-wide basis and are not limited to the Subjecl Properly, or any part
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thereof: (ii) the amount charged has been delermined in accordance wilh all applicable
law and is based upon evidence lhat said amounl is necessary to mitigate public heallh
and/or safety impacts directly caused by the development against which the charge is
imposed; and (Hi) Developer shall be entitled to credit for fees paid and the value of
work performed prior to the enactment of such regulatory fee requirements where such
fees or work deal wilh or pertain to the same subject matter.
None of the foregoing limitations shall apply to business license
fees lawfully levied and collected in a non-discriminatory manner on a Cily-wide basis.
2.5.2. "Regulatory Fees" Defined. "Regulatory fees" (constituting the
categories and types of fees and charges that are limited pursuanl to Sections 2.5.1 (2)
and 2.5.1 (3)) shall include all charges, levies and impositions that are or would be so
categorized (or as "development impositions") under applicable California law as of the
Ordinance Date (in contrast with "special taxes").
Article 3. Obligations Of The Parties.
3.1. Developer.
3.1.1. Development Of The Subject Property. Developer shall develop
the Subject Property in accordance with and subject to the Vested Componenls.
3.1.2. Impact Mitigation.
(a) Construction Of Improvements. The public improvemenls
10 be constructed or installed as conditions of development shall be constructed or
installed without cost or expense to Cily except as otherwise provided in the Vested
Components.
(b) Subdivision Improvement Agreements And Bonds.
Assurance concerning performance of work required to be performed within portions of
the Subject Property to be subdivided shall be required as a condition 10 filing Ihe final
subdivision maps or parcel maps for the portion of the Subject Properly to be
subdivided, such assurance to be in the form of an improvement agreement requiring
construction or acquisition of such improvements, entered into in accordance with
procedures established pursuant to City's Subdivision Ordinance (with bond or other
surely provided as therein required), unless City approves an allernative method for
providing assurance of such improvement installation, with Developer's consent, or
unless a community facilities district has been formed wilh provision for conslruction or
acquisition of the improvements in which case no further assurance or surety shall be
required.
3.2 City.
3.2.1. Hazardous And Toxic Materials Monitoring. City shall diligently
monitor the hazardous materials discharge that has occurred on property owned by City
that has allegedly contaminated a portion of the subsoil and groundwater of the Subject
Property, without cost or expense to Developer, for an eight year period commencing
January, 1999. The annual cost of the monitoring is estimated at $8,000 to $12,000
and in no event shall exceed $12,000 in any calendar year. The Cily's monitoring
program shall be undertaken in full compliance with all applicable laws, ordinances,
rules and regulations and is subject to the approval of Orange County. City shall obtain
all permits and certifications required by any public authorily in connection wilh such
monitoring. City shall indemnify Developer and hold Developer harmless of and'from
any and all loss, cost, damage, injury or expense, ariSing out of or in any way related to
such discharge. Cily further agrees to seek funding from state or federal sources to
remedy the ,diSCharge.
3.2.2. Assessment Proceedings.
Ordinance Number /~Jrl'
(a) Construction And Acquisition Proceedings. Developer
may desire to iniliate assessmenl and/or community facilities district proceedings 10
finance payment of an or portions of the design, acquisition and conslruction cosls
required to be paid for off-site improvements to be designed and construcled in
connection with development of all or portions of the Subject Property pursuant to the I
Vested Components. City acknowledges that Developer shall have the right to initiate
improvement and assessment proceedings utilizing any assessment mechanisms
authorized under the law of the Stale of California where the property subject 10
assessment provides primary security for payment of the assessments. Developer may
iniliate such assessment proceedings with respect to a portion of the Subject Property
10 provide financing for design or construction of improvements for such portion without
the consent of the owners of any other portion, to the extent such consent is not
required, or protesl permitled, by law, so long as the proceedings are conducted wilhout
cost or expense to or liability imposed upon the owners of the other portions of the
Subject Property. In addition to the restrictions and limitations imposed by the
legislation adopted pursuanl to Proposition 218 and other applicable State and federal
laws, such financing arrangements shall be subject to the following general paramelers:
opplication:
(i) City shall diligently process such applicalion so long as the
(a a) complies with law;
(bb) is otherwise regular in form; and
(cc) is consistent with City's slandards.
(Ii) Upon writlen demand of the City Manager or his/her
designee, Developer shall advance amounts necessary to pay all cosls and expenses
of the City to evaluate and struclure any financing district, to the end that the City will I
nol be obligaled 10 pay any costs relaled to the forma lion or implementalion of any
financing district from its own general funds. City staff will meet with Developer to
establish a preliminary budget for such costs, and will confer with Developer from lime
to lime as to any necessary modificalions to that budget.
(iii) Cily shall diligently seek to sell any bonds, to be issued and
secured by, such assessments upon the best' terms reasonably available in the
marketplace; provided, however, that City's duly to market bonds shall be suspended
during any period when markeling condilions render the issuance economically
infeasible. The financial viability of any assessment or community facilities dislricl will
be of material concern to City. City will consider writlen requests by Developer as to the
size and liming of any parlicular bond issue, as well as the advice of any financial
consullant and/or underwriter employed by City in conneclion lherewilh. Developer
understands that City will have disclosure obligalions under State and federal securilies
laws to prospective purchasers of debt inc!-,rred in conneclion wilh any public financing,
and agrees to provide Cily wilh any informalion reasonably requested in conneclion
wilh such disclosure obligations.
(iv) Any public financing shall be secured solely by assessments
or special laxes levied within the respeclive district, and proceeds of lhe bonds issued
that are placed in a bond fund or reserve fund for the financing, Cily's general fund and I
its lax incremenl revenues shall not be pledged to the repayment of any public
financing contemplated by this Seclion,
(v) The payment of aclual inilial and annual administralive costs
of Cily to be incurred in conneclion wilh any financing district shall be adequately
assured, through the inclusion in any assessment or special tax methodology of
appropriale provision for such costs as eslimated by City, to the end that Cily's general
fund shall never be called upon to provide for initial or any annual administrative costs
related 10 any financing district. ,
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Ordinance Number 147/
(vi) All current and projected annual assessments, special taxes,
real property taxes and any olher amounts due to public agencies which are secured by
liens on any parcel within lhe Property shall not exceed lwo percent (2 %) of the
estimated market value of the property upon completion of expected public and privale
improvemenls. The estimated market value shall be determined by City staff and
consultants based upon independent absorption studies, appraisals and such olher
data as City staff may deem relevant in the circumstances. To the extent practicable,
City staff shall allow an opportunity for Developer to provide input and commentary on
such data prior 10 ils publication. Developer hereby represents thai it does not
anlicipate the formalion of any communily facililies district to finance the needs of any
school district arising from development of the Properly.
(vii) In any such assessment proceeding, Developer shall be
enlitled 10 add the value of the land in internal streels (meaning streets within lhe
boundaries of any parcel or subdivision map) to the assessment or olher proceedings,
subject 10 the lien-to-value ralios established herein; provided, however, that if the
rights-of-way for all streets within lhe Subject Property are dedicated to City, liUe thereto
shall not be subjeclto any assessment lien, nor shall any porlion thereof be purchased
directly or indirectly by Cily.
(b) Maintenance District Proceedings. City and/or Developer
may determine 10 create mainlenance districts to fund mainlenance and operating costs
for open space areas, trails and lrailhead staging areas, wetlands mitigalion areas,
storm water detenlion areas, landscaped medians, street Iighling and other
il1lprovemenls. Subject to lhe restriclions and limitations imposed by the legislation
adopted pursuant to Proposilion 218 and olher applicable State and federal laws, City
shall diligently process such applications that comply with law and are otherwise regular
in form. Developer and/or City shall have the right to form or creale such maintenance
districts under any mechanism authorized by law where the benefited properly may be
assessed or charged for payment of such maintenance and operating cost. Developer
and/or City may iniliate proceedings for formalion of such maintenance districts with
respect to a portion of the Subject Property to provide for maintenance of improvements
,for such portion without the consent of the owners of any other porlion, to the exlent
such consenl or a prolest proceeding is not otherwise required by law, so long as lhe
proceedings are conducted without cost or expense 10 or liability imposed upon the
owners of lhe other portions of the Subj~ct Properly,
(c) Disclosure to Future Landowners. Developer shall
comply with all applicable laws as to the disclosure of the existence of any financing
districlto the purchasers of any porlion of the Subject Property within such district. Any
and all such disclosure documentalion shall be filed with the office of the City Manager.
City may require the Developer to submit a particular form of disclosure statement, in
addilion to any disclosure required under applicable law, to prospective purchasers of
all or a portion of the Subjecl Property, provided that Developer is offered lhe
opporlunity to comment on any proposed disclosure stalement prior to its publica lion.
(d) Best Efforts Undertaking. Developer acknowledges that
the formalion of any financing dislrict is subject to protest hearings and, in some cases,
voler approval. Allhough City agrees to use its best efforts ,to form one or more
financing dislricls in accordance with the foregoing, it shall incur no monelary Iiabilily for
its failure to form any such financing district. City staff shall meet and confer with
Developer from lime to lime with respect to all major aspects of any financing district,
but the final decisions regarding all aspects of such financing districts shall I ~ subject
10 the review and approval of the City Council.
(e) Use of Proceeds. All of the proceeds of the reimbursement
agreemenls or olher financial obligalions levied or imposed on Benefited Property
pursuant to this Section shall be retained for the benefit of City and, together with all
interest earned thereon, shall be allocated in the following order of priority no later lhan
ninely (90) days from the dale of collection thereof
Ordinance Number J'~"/
(i) Reimbursement to City of its ordinary and necessary
administrative costs incurred in lhe creation and administration of such reimbursement
agreements.
(ii) If Developer has loaned or advanced any funds to City to
fund lhe Improvements to which the Proceeds 'are applicable, 10 repay or reimburse
Developer for such loans or advances, pursuant to Section 3.2.4 of this Agreement.
(iii) To reimburse Developer, or otherwise pay, for the costs of I
the planning, engineering, design, construction, acquisition or expansion of lhe
Improvements to which the Proceeds are applicable. Proceeds shall be applied for
such purposes before any fees, taxes, charges, assessments or bond proceeds.
3.2.3. Clty's,Good Faith In Processing. City shall accept, process and
review, in good failh and in a timely manner, (subject to paymenl of such application
fees as may be charged hereunder in connection therewith) all applications required
under all applicable laws, ordinances, rules and regulations for use of the Subjecl
Property, in accordance with the terms of this Development Agreement and as required
to determine the compliance of such application with applicable legal requirements,
The scope of City's review of remaining or supplementary applications for development
approvals shall be conducted in accordance with this Development Agreement and then
applicable law, to the extenlthat applicable law does not conflict with this Development
Agreement. To the maximum extent possible under the circumstances, applications for
furlher approvals on the Subject Property shall be given priorily in processing.
3.2.4. Right, Of Reimbursement From Assessment Proceeds.
Developer shall have the right to obtain reimbursement in any such assessment
proceeding, special tax proceeding or other financing proceeding undertaken by City,
for any costs incurred or fees paid for administration, design and construction of
improvements or implementation of mitigation measures that can properly be included I
in such assessment proceedings, such reimbursement to be made together with
interest thereon at lhe rate of interest being charged on the principal amount of the
assessments from which said reimbursement is made or at such other rale as Cily
determines fairly compensates for the cost of the funds to be reimbursed.
Article 4.
Default, Remedies, Termination.
4.1
General Provisions.
4.1.1 Event's Of Default And Notice. Subject to extensions of time by
mutual consent in writing, or as otherwise provided herein, material failure or delay by
any party to perform any term or provision of this First Amended and Reslated
Development Agreement constitutes a default hereunder. Upon defaullunder this First
Amended and Restated Development Agreement or any of its terms or conditions, the
party claiming such default or breach shall give the breaching party nol less than thirty
(30) days wrillen notice of default, measured from lhe date of personal service or
delivery by certified mail, specifying in detail the nature of the alleged defaull and when
appropriale, the manner in which said default may satisfactorily be cured. During any
such thirly (30) day cure period, the party charged shall nol be considered in default for
purposes of termination or inslilution of legal proceeding.
4.1.2. Remedies. After proper notice and expiration of said thirty (30) I
day cure period (or such longer period as the party claiming default may specify)
without cure, or if such cure cannot be accomplished within such thirty (30) day period,
wilhout commencement of cure within such period and diligent effort to effecl cure
thereafter, the party to this First Amended and Restated Development Agreement that
has given notice of default may, at its option, institute legal proceedings to enforce lhis
First Amended and Restated Development Agreement or give notice of inlent to
terminate this First Amended and Restated Development Agreement, pursuant to
Government Code Section 65868. Notice of intent to terminate shall be by certified
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Ordinance Number /41/
n1ail, return receipt requested. Upon delivery by City of notice of in lent to lerminale, the
mailer shall be scheduled for consideration and review by lhe City Council within thirty
(30) days in accordance with Government Code Sections 65867 and 65868. Upon
consideration of the evidence presented in said review and a determination by the City
Council based thereon, Cily may give wrillen notice of termination of this Agreemenl to
the defaulting parly. Evidence of defaull also may arise during annual review pursuant
to Section 4.2 below. Any determination of default (or any determination of failure to
demonstrate good faith compliance as a part of annual review) made by Cily against
Developer, or any person who succeeds to Developer with respect to any portion of lhe
Subject Property, shall be based upon written findings supported by subslantial
evidence in the record. Any purported termination of this Agreement for alleged default
shall be subject to review in the Superior Court of the County of Orange pursuant to
Code of Civil Procedure 9 1094.5(c).
4.1.3. No Waiver. Except as otherwise provided herein, any failure or
delay by a party to assert any of its rights or remedies as to any default for a period of
not to exceed one (1) year shall not operate as a waiver of any default or of any such
rights or remedies; nor shall such failure or delay deprive any such party of its right to
inslilute and maintain any actions or proceedings that it may deem necessary to
protect, assert or enforce any such rights or remedies.
4.1.4. Developer's Remedies Limited To Mandamus. City's
performance of this First Ame.nded and Restated Development Agreement is comprised
of ministerial, non-discriminatory duties that the law specifically enjoins and
administrative actions laken as lhe result of proceedings in which by law hearings are
required to be given, evidence is required to be taken and discretion in the
determination of facts is vested in City, and, except as otherwise provided in Section
4.1.5 below, Developer shall be entitled to obtain relief only in the form of a writ of
mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5,
as appropriate, 10 remedy any default by City in the performance of its obligations and
,duties under this First Amended and Restated Development Agreement. Nothing in
this Section 4.1.4 shall be deemed to alter the evidentiary slandard or the standard of
review that applies to any action of or approval by City pursuant to this First Amended
and Restated Developmenl Agreement or with respect to the Subject Property.
4.1.5: City Defaults. If City does not accept, review, approve or issue
developmenl permits, enlitlements or other land use or building approvals, if any, for
use in a timely fashiqn as provided in this First Amended and Restated Developmenl
Agreement or defaulls in performance of the obligations on its part to be performed
hereunder, Developer (or tl;1e owner of the portion of the Subject Property 10 which SLlch
default applies) shall have lhe rights and remedies provided herein or available in law or
in equity, including, but without limitation, lhe right to seek specific performance and/or
writs of mandale in an appropriate case.
4.1.6. Default Remedies Limited To Effected Parcel. Notwithstanding
anything to the contrary herein contained, where a default has occurred only wilh
respect to a particular lot or parcel, any remedy or right of termination arising hereunder
shall apply solely to or with respect to such lot or parcel and affecl only the owner
thereof and the holders of interests therein. No liability shall be imposed against or
apply to any parcel or portion of the Subject Property with respect to which no default
has occurred, nor shall any obligation be imposed against or applied 10 the owner
thereof.
4.1.7. Copies Of Default Notices. The owner of ,any portion of the
Subject Property shall have the right to request copies of notice of default given to the
owner of any other portion of the Subject Properly. City and any owners of olher
portions of lhe Subject Property to whom such request has been made shall honor the
same and provide such notice in the manner and to the address specified in the
request. '
Ordinance Number J'~"/
, '-h
"
4.1.8. Breach By Action Of The Electorate. The parties understand
that the Development Agreement Law authorizes this First Amended and Restated
Development Agreement to bind the City even as to actions taken by voters of Cily. If a
court of competent jurisdiction enters a finai, non-appealable order to the contrary and
City fails or refuses 10 perform its obligations under lhis First Amended and Restated
Development Agreement solely to comply with a measure ado pled by initiative afler
entry of such a final, non-appealable o'rder subjecting this First Amended and Restated
Development Agreement to the effects of legislation adopted by initiative afler the I
Ordinance Date, lhis First Amended and Restated Development Agreement shall be
modified or suspended to the extent required by Government Code Section 65869.5
and Developer's remedies by reason thereof shall be limited to reformation or
rescission of this First Amended and Restated Development Agreement.
4.2 Annual Review. Good faith compliance by Developer with the
provisions hereof shall be subject to annual review, utilizing the following procedures:
4.2.1. Director Of Development Services. Review shall be conducted
by the Director of Development Services ("Director").
4,2.2. Developer's Burden. During review, Developer shall be required
to demonstrate good failh compliance with the terms of this First Amended and
Reslated Development Agreement and provide such documenls in connection with
such demonstration as the Director may reasonably request.
4.2.3. Director's Decision: Appeal. At the conclusion of the review,
Direclor shall make wrillen findings and delerminalions on the basis of substantial
evidence, whether or not Developer or ils successors have complied in good faith with
the terms and conditions hereof. Any determination of failure of compliance shall be
subjecl to the notice requirements and cure periods stated in Section 4.1. Any I
interesled person may appeal the decision of Director directly to the City Council, such
appeal to be filed within ten (10) days afler Director has rendered his decision in writing
or issued a Certificate of Compliance.
4.2.4. Staff Reports. At least ten (10) days prior to the conduct of any
such 'review, Director shall deliver to Developer a copy of any staff reports and
documents to be used or relied upon in conducting tie review. Developer shall be
permilled an opportunity to respond to Director's evaluation of ils performance by
wrillen and oral testimony at a public hearing to be held before Director.
4.2.5. Failure To Comply: Notice Of Termination. If Director
determines that Developer (or any person, firm or entity owning a portion of the Subject
Property) has not complied with the terms and conditions hereof, Director may
recommend to the City Council that City give notice of termination or modification of this
First Amended and Restaled Development Agreement as provided in Government
Code 99 65867 & 65868. If termination is proposed, it shall apply solely with respect 10
that portion of the Subject Property <if less than all) affected by the failure to show good
faith compliance and shall be subjecl to the provisions of Sections 4.1.2 and 4.1.4
hereof. If modificalion hereof is proposed, the modification shall pertain solely to the
provisions hereof that apply to that portion of the Subject Property (if less than all)
affected by the condition that has prompted the proposed modification.
4.2.6. Failure To Conduct Review, etc. If City fails either 10 (i) conduct
the annual review for any year, or (ii) notify Developer in writing (following the time
during which review is to be conducted) of City's determination as to compliance or
noncompliance with the terms of this First Amended and Restated Development
Agreemenl, and such flllilure remains uncured for sixly (60) days afler the dale when
Developer provides to City notice that such annual review should have been conducted,
such failure shall constitute an approval of Developer's compliance with the terms
hereof for purposes of the annual review to be conducted wilhin said year.
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Ordinance Number I'~"/
4.2.7. Notice Of Compliance. City shall provide a written "Notice of
Compliance" in recordable form, duly executed and acknowledged by City, whelher
City's annual review has resulted in a determination of compliance or compliance is
deemed found pursuanl to the preceding subparagraph. Any person owning a portion
of lhe Subject Properly shall have the ,right to record such Notice of Compliance.
4.3. Applicable Law/Attorneys' Fees. This First Amended and
Reslated Development Agreement shall be construed and enforced in accordance with
the laws of lhe Slate of California. Should any legal action be brought by either parly
claiming a breach of this First Amended and Restaled Development Agreemenl or to
enforce any provision of this First Amended and Restated Development Agreemenl, or
to obtain a declaration of rights hereunder, the prevailing party shall be entitled to actual
altorneys' fees, court costs and such olher costs as may be fixed by the Court.
Article 5.
Permitted Delays; Effect of Subsequent Laws
5.1. Permitted Delays. Performance by any party of its obligations
hereunder (olher than for payment of money) shall be excused during any period of
"Excusable Delay" as hereinafter defined. Excusable Delay shall also extend the Term
hereof for the period of the Excusable Delay or five (5) years, whichever is the shorter.
For purposes hereof, Excusable Delay shall include delay beyond lhe reasonable
control of the party claiming lhe delay (and despite the good failh efforts of such party)
including (i) acts of God, (ii) civil commotion, (iii) riots, (iv) strikes, picketing or olher
labor disputes, (v) shortages of materials or supplies, (vi) damage to work in progress
by reason of fire, floods, earthquake or other casualties, (vii) failure, delay or inabilily of
the other party to act, (viii) inabilily of City, after requests by Developer, to hold hearings
necessary to take the actions contemplated in Sections 3.2.2 and/or 3.2.3 hereof, (ix)
delay caused by governmental restrictions imposed or mandaled by other governmental
entities, (x) enactment of conflicting state or federal laws or regulations, (xi) judicial
decisions or similar basis for excused performance; (xii) litigation brought by a third
party altacking the validity of this First Amended and Restated Development
Agreement, any of the approvals, or any permit, ordinance, entitlement or other action
necessary for development of the Subject Property or any portion hereof, shall
constitute an excusable delay as to the Subject Property or the owner affected;
provided, however, that any party claiming delay shall promptly notify the olher party (or
parties) of any delay hereunder as soon as possible after the same has been
ascertained, and give notice to the other party or parties of the end of the event or
condition causing the delay as soon as reasonably possible after cessation of the event
or condition causing the delay.
5.2. Arbitration Of Dispute Over Existence Of Excusable Delay.
5.2.1. Disputes Subject To Arbitration. Any dispute between lhe
parties concerning the exislence of Excusable Delay shall be resolved by arbitration.
Such arbilration shall be final and binding between the parties, and the order of the
arbitrator may be enforced in the manner provided for enforcement of a judgment of a
court of law pursuant to the applicable provisions of the California Code of Civil
Procedure. The arbitration shall be conducted in accordance with the procedures set
forlh in Sections 5.2.2 through 5.2.8 below.
5.2.2. Demand. Any party who has a claim (the "Demanding Party")
hereunder to be resolved through arbitration shall state the claim (the "Claim") in
wriling. The Claim shall include (i) the item or malter in dispute, (ii) the Demanding
Party's position, and (Iii) a specific statement of the exact relief the Demanding Party
requests. '
5.2.3, Meet And Confer. The parties shall meet and confer in an altempt
to resolve the mailer raised by the Claim. If they are unable 10 reach a resolution wilhin
lhirty (30) days after the date of the Claim, then within ten (10) days thereafter, lhe
Demanding Party shall either (i) restate its Claim, (Ii) amend the Claim, or (Iii) withdraw
Ordinance Number /417/
lhe Claim. Failure on the part of the Demanding Party to withdraw or amend the Claim
in writing shall constitute a restatement thereof.
5.2.4. Response. If the Claim is not withdrawn within the ten (10) day
period provided for in Section 5.2.3 above, the other party (the "Responding Parly")
shall, within fifteen (15) days after expiration of the ten (10) day period provided for in
Section 5.2.3 above, prepare a response to the Claim (the "Response") specifying (i)
lhe Responding Party's position on the Claim, and (ii) the exact relief lhe Responding I
Party requesls.
5.2.5. Submission To Arbitration. The matter or matters in dispute shall
be submitted to the arbitrator on the basis of the issue as framed by the Claim (as the
same may have been amended pursuant to Section 5.2.3 above) and the Response.
The arbitrator shall be a person from the Orange County Area with at least five (5)
years' experience and professional qualifications in the subject matter in dispute under
the Claim and Response. If the parties are unable to agree on the selection of a single
person to serve as arbitrator for the resolution of the dispute within thirty (30) days after
the date of the Response, then eilher party shall have the right to apply for the
appointment of a duly qualified person to acl as arbitrator to the Presiding Judge of the
Superior COl:Jrt of the County of Orange, State of California, and neilher party shall have
any right to object 10 the qualifications of said Judge to make such appointment. If lhe
arbitralor resigns or refuses to serve, then a new arbitrator shall be appointed as herein
provided. '
5.2.6. Hearing. As soon as convenient after appointment, the arbitrator
shall meet with the parties to hear evidence and argument on their Claim or Response.
The arbitrator shall not be bound by the Rules of Evidence in the conduct of such
proceeding allhough the arbilrator shall take account of said rules in considering the
weight of the evidence. To the extent applicable, the decision of lhe arbilrator shall I
conform to law and the arbitrator shall be entitlad to retain an independent attorney to
adv,ise him as to such questions of law that may arise during the proceeding. In making
a decision, the sole function of the arbitralor shall be to determine whether (i) the relief
requested in the Claim, or (ii) the relief requested in the Response is the more
appropriate relief to be given in connection with the matter in dispute, and the arbitrator
shall have no right to fashion an independent or different result.
5.2.7. Payment Of Costs By The Parties. Each party shall pay one-half
(1/2) of the fees and cosls of lhe arbilrator and all of its own costs and attorneys' fees in
connection with the arbitration, except that the arbitrator may award to the prevailing
party its costs and reasonable attorneys' fees, pursuant to Section 5.2.8.
5.2.8. Award Of Costs And Fees. The arbitrator shall have no right to
award costs or attorneys' fees to eilher party unless lhe arbitrator determines that the
Claim or lhe Response is based on a position totally lacking in merit or that was
asserted for purposes solely of delay, in which case the arbitrator shall have the right to
award costs and attorneys' fees to the Prevailing Parly.
5.3. Effect Of Subsequent Laws. If any governmental or quasi-
governmental agency other than City adopts any law, regulation or imposes any
condition ("Law"), after the date of this First Amended and Restated Development
Agreement that prevents or precludes compliance wilh one or more provisions of this I
First Amended and Restated Development Agreemenl, and the provisions hereof are
not entitled to the status of vested right as against such Law,-then the provisions of this
Firsl Amended and Restated Development Agreement shall, 10 the extent feasible, be
modified or suspended as may be necessary to comply with such Law. Immedialely
after enactment of any such law, the parties shall meet and confer in good faith to
determine the feasibility of any such modification or suspension based on the effect
such modification or suspension would have on the purposes and intent of this First
Amended and Restated Development Agreement. Developer shall have the right to
challenge such Law and seek a declaration that it does not affect or diminish the
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Ordinance Number I~"/
provIsIons hereof. 'If any such challenge is successful, this First Amended and
Reslated Development Agreemenl shall remain unmodified and in full force and effect.
Article 6. Cooperation of City.
6.1. Other Governmental Permits.
6.1.1. City Action. City shall cooperate with Developer in ils endeavors
10 obtain any other permits and approvals as may be required from other governmental
or quasi-governmenlal agencies having jurisdiction over the Subject Property or
portions thereof (including without limitation, public utilities or utility districts and
agencies having jurisdiction over transportation facilities and air quality issues) and
shall, from time to time, at the request of Developer join with Developer in lhe execution
of such permit applications and agreements as may be required to be entered into with
any such other agency, so long as the aclion of that nature will not require Cily to incur
any cost, liability or expense without adequate indemnity against or right of
reimbursement therefore.
6.1.2. Modification Of First Amended and Restated Development
Agreement To Obtain Permits, etc. Permits and' approvals required from other
agencies may necessitate amendments to this First Amended and Restated
Development Agreement and/or to one or more of the approvals or other approvals
granled by City. City shall nol unreasonably withhold approval of any amendment
hereof that is mandated by conditions of approval imposed by any other governmental
agency.
6.2. Cooperation In Dealing With Legal Challenge. If any action or
other proceeding is instituted by a third party or parties, other governmenlal enlily or
official challenging the validity of any provision of the Approvals, the FEIR, or this First
Amended and Restaled Development Agreement, Developer and Cily shall cooperate
in defending any such action. City shall notify Developer of any such legal 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 Developer
immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless
and defend City, and any of its officers, employees or agents for any claim or lawsuit
broughl to challenge the validity or enforcement of the Vesled Components, the FEIR,
or this First Amended and Restated Development Agreement, instituted by a third party
or another governmental entity or official; provided, however, Ihal if City fails promptly 10
notify Developer of any legal action against City, or if City fails to reasonably cooperale
in the defense, Developer shall not thereafter be responsible for City's defense.
Developer shall reimburse promptly all of City's defense costs including, without
limitation, court costs, attorneys fees and expert witness and consultant fees.
Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and
attorneys fees that may be awarded in such action. City shall be entitled to selecl
counsel to conduct ils defense in any such action; provided, however, that Cily shall
instruct such counsel to cooperate with Developer as provided in this Section 6.2.
Article 7.
Mortgagee Protection; Certain Rights of Cure.
7.1 Mortgagee Protection. This First Amended and Reslated
Development Agreement shall be superior and senior to any lien placed upon the
Subject Property, or any portion lhereof, after the date of recording lhis First Amended
and Restaled Development Agreement (olher than liens to secure taxes and
assessments levied by City to raise funds for constructien of improvements or for olher
public purposes), including the lien of any deed of trust or mortgage ("Mortgage").
Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or
impair the lien of any Mortgage made in good faith and for value, but all of the terms
and conditions conlained in this First Amended and Restated Development Agreement
shall be binding upon and effective against any person or enlily, including any deed of
trust beneficiary or mortgagee ("Mortgagee") who acquires tille to lhe Subjecl Property,
Ordinance Number I'~"I
or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or
otherwise. The terms hereof shall be binding upon and effective againsl any person or
entity lhat acquires title 10 the Subject Property, or any portion thereof, by foreclosure of
or sale under any assessment lien levied by City to raise funds for construction of
improvements or for other public purposes,
- 7.2. Mortgagee Not Obligated. Notwithstanding the proVIsIons of
Section 7.1 above, no Mortgagee shall have any obligation or duty under this First I
Amended and Restated Development Agreement to construct or complete the
construction of improvements, or to guarantee such construction or completion;
provided, however, that a Mortgagee shall not be entitled 10 devote lhe Subjecl
Property to any uses or to conslruct any improvements thereon other than those uses
or improvements provided for or authorized by this Firsl Amended and Restated
Development Agreement; and provided further, however, thai lhe purchaser or
successor to any such Mortgagee shall not be relieved of any such construction
obligations all of which shall immediately reattach upon conveyance by such
Morlgagee.
7.3. Notice Of Default To Mortgagee. If City receives notice from a
Mortgagee requesting a copy of any notice of default that may be given to Developer
hereunder and specifying the address for service thereof, then City shall deliver to such
Mortgagee, concurrently with service thereon to Developer, any notice given to
Developer with respect to any claim by City that Developer has commilled an event of
defaulI; and if City makes a determination of noncompliance hereunder, Cily shall
likewise serve notice of such noncompliance on such Mortgagee concurrently wilh
service thereof on Developer. Each Mortgagee shall have the right during the same
period available to Developer to cure or remedy, or to commence to cure or remedy, the
event of defaull claimed or the areas of noncompliance set forth in City's notice.
Article 8.
Transfers And Assignments.
I
8.1. Restriction On Transfer Of Developer's Rights And
Obligations. Except as provided in Section 8.2 below, Developer shall not sell, assign,
transfer, mortgage, hypothecate, or similarly convey (collectively, a "Transfer") any of
Developer's rights or obligations hereunder. Developer acknowledges that the identily
of Developer is of particular concern to City, and it is because of Developer's identity
that City has entered into this First Amended and Restated Development Agreement
with Developer. No voluntary or involuntary successor in interest of Developer shall
acquire any rights or powers under this First Amended and Reslated Development
Agreement. No transfer or assignment hereunder shall be deemed to release
Developer from the obligations of Developer hereunder except upon the issuance of a
Certificate of Compliance (as defined herein) setting forth such release with specificity.
8.2. Permitted Transfers. Notwilhstanding the provisions of Section
8.1, Developer may make the following "Permitted Transfers," provided that such
Permitted Transfers comply in all respects with the Subdivision Map Act, Government
Code Sections 66410 et seq.
8,2.1. Upon the prior written approval of Cily, Developer may transfer this
First Amended and Restated Development Agreement, or the Subject Property, to any
Transferee, provided lhatthe Transferee has the skill or experience equal to or grealer I
lhan lhat of Developer with respect to quality, character, track record, financial abilily
and reputation, as determined by City in lhe exercise of its reasonable, good faith
business judgement. City consents to the transfer of the residential parcel to WL
Homes, doing business as John Laing Homes, or its successor, and to those portions
of lhe Subjecl Property to be held for wetlands preservation and restoration 10 the
Wildlife Conservation Board, the California Coaslal Conservancy or another public or
privale entity wilh similar goals, objectives and purposes.
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Ordinance Number 11/1/
8.2.2. Developer may transfer any common areas or commonly owned
improvemenls, located within the boundaries of a duly filed final parcel map or
subdivision map and so designated on that map, to an associalion composed in whole
or in part of the owners of lots or parcels wilhin the boundaries of that duly filed final
map.
8.2.3. Developer may execute mortgages, deeds of trust, sales and
leaseback, or any other form of encumbrance or conveyance required for any
reasonable method of financing from an institutional lender with the prior written
approval of City (which said approval shall not be unreasonably wilhheld or delayed),
for the purpose of securing loans or funds to be used for financing lhe direct or indirect
costs of the development of the Subject Property (including land development cosls,
reasonable and customary developer fees, loan fees and costs, and other normal and
customary project costs).
8.2.4. Developer may transfer any lot or parcel shown on a duly filed final
subdivision map, which said parcel constitutes. a lot created for the purposes of
residenlial use in accordance with the terms of the Specific Plan and the other
restrictions herein contained, without the prior approval of City.
8.3 Release Of Transferring Developer. Notwithstanding a Transfer;
Developer (except with 'respect to the specific transfers to which City has consented
pursuant to Article 8.2.1 which shall result in a release of Developer with respect to the
porlion of lhe Subject Property so transferred) shall continue 10 be obligaled LInder this
First Amended and Restated Development Agreement with respect to the portion of the
Subject Property that is transferred unless Developer is released from its obligalions
under this First Amended and Restated Development Agreement by City, in wriling,
selting forth the remaining obligalions, if any, pursuant to this First Amended and
Restated Development Agreement (the "Cerlificate Of Compliance"). Within fifteen (15) ,
days after written demand from Developer, City shall issue a Cerlificate of Compliance
that shall be recorded with respect to the porlion of the Subject Properly affected
thereby and that is released from further obligalions under this Firsl Amended and
,Reslated Development Agreement. The Certificate of Compliance shall state wilh
specificity the compleled obligalions of Developer and the conlinuing or remaining
obligalions of Developer. Nolwithstanding any other provision to the contrary contained
in lhis First Amended and Restated Development Agreement, City shall not be required
to issue a Cerlificate of Compliance during any period in which Developer is in default in
performance of its obligalions hereunder. Notwilhstanding the foregoing (and anylhing
to the contrary herein contained), the filing of. the final subdivision map with respect 10
the porlion of the Subjecl Property to be developed for residential uses under the CDP
Condilions shall constitute the Cerlificate Of Compliance with respect to lhat portion of
the Subjecl Property included within the boundaries of the final subdivision map and a
release of all obligations under this First Amended and Restated Development
Agreement wilh respect to that portion of the Subject Property except those obligalions
expressly made a condilion of filing said final subdivision map.
8.4. No Third Parties Benefited. No third party lhat is not a party
herelo or a successor or assign of a party hereto, may claim lhe benefits of any
provision hereof, and any third party so benefited in fact sl1all have no righls greater
than those that would be held by any member of the public affected by such actions or
enactments without regard to this First Amended and Restated Developmenl
Agreement.
8.5. Covenants Run With The Land. All of the prOVIsions,
agreements, rights, powers, standards, terms, covenants and obligations contained in
this First Amended and Restated Developmenl Agreement shall be binding upon the
parties and their respective heirs, successors (by merger, consolidation, or otherwise)
and assigns, devisees, administrators, representatives, lessees, and all other persons
or entity acquiring the Subject Property, any lot, parcel or any portion thereof, or any
interest therein, whether by sale, operation of law or in any manner whatsoever. and
Ordinance Number ;I~"I
shall inure to the benefit of the parties and their respective heirs, successors (by
merger, consolidation or otherwise) and assigns. All of the provisions of lhis Firsl
Amended and Restat~d Development Agreement shall be enforceable during the Term
as equilable servitudes and constitute covenanls running with the land pursuant to
applicable law, including, but not limiled to Section 1468 of the Civil Code of the State
of California. Each covenant to do or refrain from doing some act on the Subject
Property hereunder, or wilh respect to 'any City owned property or property inleresl, (i)
is for the benefit of such properties and is a burden upon such property, (ii) runs with I
such properties, and (iii) is binding upon each party and each successive owner during
its ownership of such properties or any portion thereof, and each person or entity
having any interest therein derived in any manner through any owner of such
properties, or any portion thereof, and shall benefit each party and its properly
hereunder, and each other person or entity succeeding to an interesl in such properties.
Article 9.
Property.
Release Of Obligations As To Developed Portions Of Subject
9.1. Statement Of Purpose. In this Article 9, the parties desire to
provide for a discharge of the obligations of the First Amended and Restated
Development Agreemenl upon filing of a final subdivision map or parcel map with
respect to any portion of the Subject Property so that City and the purchaser (or
purchasers) and encumbrancer (or encumbrancers) of any such 101 or parcel need not
be concerned with any of the obligations herein conlained other than those made
pertinenl to such lot or parcel as a condition of filing of the final subdivision map or
parcel map creating the same.
9.2. Release. All obligations of Developer shall be deemed discharged
and fulfilled with respect to lols or parcels shown on duly filed final subdivision maps or
parcel maps, subject to compliance with (i) the conditions imposed in connection with I
such filing, and (ii) the conditions upon issuance of building permits with respecl to
structures to be located thereon imposed pursuant to this First Amended and Restated
Development Agreement. No such final subdivision map or parcel map shall be
subjecled 10 filing conditions that shall cause or require Developer to perform
obligations with respect to the lands so divided in excess of lhose obligations required
pursuant to the Vested Components. Such final subdivision map or parcel map shall be
deemed to establish compliance with the requirements hereof 10 the full extent of a
Certificate of Compliance or Estoppel Certificate provided pursuant to Section 11.7.
Article 10. Amendment.
10.1. General Provision. This First Amended and Restaled
Development Agreement may be amended in the manner provided in the Development
Agreement Legislation, except as otherwise expressly provided herein,
10.2. Administrative Amendments. Any provision hereof or of lhe
Vested Components lhat does not (i) change the density, intensily or nature of the uses
permitted on the Subject Property, (ii) diminish ,the areas to be dedicated for public
purposes, or (iii) materially reduce Developer's improvement obligations with respect to
any portion of the Subject Property, may be adopted and implemented as an
'administrative matter" without action by the City Council, by the City Manager and
Developer (or the successor to Developer with respect to the portion of lhe Subject I
Prope'rty affected by the administrative amendment). Any such amendment shall take
effect fifteen (15) days after execution thereof by both parties with written notice hereof
, to the members of the City Council by delivery to the City Clerk.
10.3. City Waivers. City may waive, reduce the burden of or revise the
Vested Components as they apply to any portion of the Subject Property with lhe
consent of the owner of such portion, so long as: (i) the waiver, reduction or revision
does not conflict with the land uses, improvement or mitigation requirements of the
Vested Components (or any permit or approval granted lhereunder), (ii) such reduction
I
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Ordinance Number I'~~
or waiver does not increase the burden imposed upon a portion of lhe Subject Property
owned by any other owner, and (iii) the waiver, reduction or revision does not conflict
with lhe CDP Conditions.
10.4 Right Of Amendment. No owner of less than all of the Subject
Property shall have the righlto seek or consent to amendment of the terms hereof, 10
terminate this First Amended and Restated Development Agreement or enter into an
agreement to rescind any provisions hereof in a manner that is binding upon or affects
any of the Subject Property other than that owned in fee simple by said owner. Cily's
review of an amendment to this First Amended and Restated Development Agreement
shall be Iimiled to consideration of the proposed modification solely as it relates to the
portion of the Subject Property directly impacted by the modification or as it relates to
the specific obligations of the person, firm or entity that owns fee simple title to the land
affected by such modification, as the case may be. No unrelated amendments shall be
entertained or conditions Imposed by Clly as a condition to approving a proposed
amendment.
Article 11, General Provisions.
11.1. Project is a Private Undertaking. The development proposed 10
be undertaken by Developer on the Subject Property is a private development. Except
for thai portion thereof 10 be devoted to public improvements to be conslrucled by
Developer in accordance with the Vested Components, Cily has no interest in,
responsibility for or duty to third persons concerning any of said improvements; and
Developer shall exercise full dominion and control over the Subject Property, subject
only to lhe limitations and obligations of Developer contained in this First Amended and
Restated Development Agreement. Developer shall hold and save City harmless and
indemnify il of and from any and all loss, cost, damage, injury or expense, arising out of
or in any way related 10 injury to or death of persons or damage to property lhat may
arise by reason of the physical development of the Subject Properly pursuant to this
,First Amended and Restated Development Agreement; provided, however, that the
foregoing indemnity shall not include indemnification against (i) suits and aclions
broughl by Developer by reason of Cily's default or alleged default hereunder, or (ii)
suits' and actions caused solely by or resulting solely from City's material acts or
omissions, or (iii) suits and actions arising from the sole negligence or willful misconduct
of City; provided further, however, that the foregoing indemnity shall not apply to claims
pertaining to ownership and operation of those portions of the Subject Properly
dedicated 10 and accepted by Clly arising from and after the dedication thereof.
11.2. Notices, Demands and Communications Between The Parties.
Formal written notices, demands, correspondence and communications belween City
and Developer shall be sufficiently given if personally served or mailed by registered or
certified mail, poslage prepaid, return receipt requested, to the addresses of City or
Developer slaled on the signature page hereto. Notice may also be given by telephone
facsimile to the telephone numbers given on the signature page, with a confirming copy
of the facsimile communication mailed on the same day as above provided. Notices
and demands shall be effective upon receipt. Such written notices, demands,
correspondence and communications may be sent in the same manner to such other
persons and addresses as either party may from time-to-time designate by notice as
provided in this section and the foregoing addresses may be changed by notice given
as herein provided.
11.3. No Joint Venture or Partnership. Nothing contained in this
Development Agreement or in any document executed in connection wllh this First
Amended and Restated Development Agreement shall be construed as creating a joint
venture or partnership between City and Developer.
11.4. Severability. If any provision of this First Amended and Restated
Development Agreement is held invalid, void or unenforceable but the remainder of the
First Amended and Restated Development Agreement can be enforced wllhoul failure
Ordinance Number /47/
of material consideralion 10 any party, then lhe First Amended and Restated
Development Agreement shall not be affected and it shall remain in full force and effect,
unless amended or modified by mulual consent of lhe parties. If any material provision
of this First Amended and Restated Development Agreement is held invalid, void or
unenforceable, however, the owner of any portion of the Subject Property affected by
SLlch holding shall have the right in its sole and absolute discrelion to terminate this
First Amended and Restated Development Agreement as it applies to the Subject
Property so affected, upon providing written notice of such termination to City.
11.5. Interpretation. To the maximum extent possible, this First
Amended and Restated Development Agreement shall be conslrued to provide binding
effect to the Vested Components, to facililate use of the Subject Property as lherein
contemplated and to allow development to proceed upon all of the terms and conditions
applicable thereto, including without Iimitalion, public improvements to be constructed
and public areas to be dedicated.
11.6. Completion Or Revocation. Upon complelion of performance by
the parties or revocalion of this First Amended and Restated Development Agreement,
a wrillen statement acknowledging slIch completion or revocation, signed by the
appropriate agents of City and Developer shall be recorded in the Office of lhe
Recorder of Orange County, California.
11.7. Estoppel Certificate. Either party may, at any lime, and from lime
to time, (but no more frequently than four (4) times in any calendar year) deliver wrillen
, notice 10 the olher party requesling slIch party to certify in writing that, to the knowledge
of the cerlifying party, (i) this First Amended and Restated Development Agreemenl is
in fllll force and effect and a binding obligalion of the parlies, (ii) this Firsl Amended and
Restated Development Agreement has not been amended or modified either orally or in
wriling, and if so amended, identifying the amendments, and (Iii) the requesting parly is
not in default in the performance of its obligations under this First Amended and
Restated Development Agreement, (Jr if in default, 10 describe lherein the nature and
amounl of any sLlch defaults. A party receiving a request hereunder shall execute and
retLlrn such certificate or give a written detailed response explaining why it will not do so
within thirty (30) days following the receipt thereof. Each party acknowledges that such
a ceriificate may be relied upon by third parties acling in good faith. A certificate
provided by Cily establishing the slatus of this First Amended and Restated
Development Agreement with respect to any lot or parcel shall be in recordable form
and may be recorded with respect 10 lhe affected lot or parcel al the expense of the
recording party. Failure to deliver such a certificate or a written denial within the time
specified above shall constitute a conclusive presumption against the parly failing to
provide the certificate that this First Amended and Reslated Development Agreemenl is
in full force and effect, without modification, except as may be represented by the
requesling party; and that there are no uncured defaults in the performance of the
requesling party except as may be so represented.
11.8. Construction. All parties have been represented by counsel in the
preparation of this First Amended and Restated Development Agreement and no
presumption or rule that ambiguity shall be construed against a drafting party shall
apply to interpretation or enforcement hereof. This First Amended and Restated
Development Agreement fully supersedes and replaces the Development Agreement
which shall have no further force or effect.
11.9. Counterpart Execution. This First Amended and Restated
Development Agreement may be executed in any number of counterparts and shall be
deemed duly executed when each of the parties has executed such a counlerpart.
11.10. Time. Time is of the essence of each and every provision hereof.
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Ordinance Number IJ./7/
IN WITNESS WHEREOF, lhe parties hereto have executed this Development
Agreement as of the day and year first above written.
"City"
CITY OF SEAL BEACH, a
Municipal Corporation of the
State of California
Cily of Seal Beach
Attn: City Manager
211 8th Street
Seal Beach, CA 90740-6379
(562) 431-2527
By:
Y;O~rJ'h~/; ~
I
Mayor
A TTE$T; "
, I
,
By:
APPROVED AS TO FORM
By' Z ;'(' ~~
~ Quinn M. Barrow
Cily Attorney
"Developer"
HELLMAN PROPERTIES, LLC
HELLMAN PROPERTIES, LLC
Attn: F. Jerome Tone, Agenl
980 Fifth Ave, Suite 202
San Rafael, CA 94904
By:
Its:
Ordinance Number I'~;r/
* * * * * * . . . . . . . . . . . . . . . . . . . . . . . . . . .
I
CALIFORNIA ALL-PURPOSE ACKNOWLEDGEMENT
STATE OF CALIFORNIA )
)
COUNTY OF ORANGE ) ~.
On ~, I~ ~d()/ , before m~P ~?:f6~'~
/ N-. id& OK.....IN ,... I
personally appeared (;;;r-;/4~.-ui/ ~ e~d _
~ personally known to me - OR - ____ proved to me on the basis
of satisfactory evidence to be the person~whose name~ is/~re
subscribed to the within instrument and aCknowledged to me that
)wqshe/~ executed the same in ,bi~/her/~ authorized
capacitY,Liasr, and that by ~her/.theif signatureJ~on the
instrument the person~ or the entity upon behalf of which the
person,(.sY"acted, executed the instrument.
WITNESS my hand and official seal.
~P;f~
~Prid.) F- 1e'c.lJ/5
I
l@- :..=~..:-!
i' Notay Public - eanlomlo ~
i Orange County (
_ __ _ ~_c~~~:~
I
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Ordinance Number/~~1
State of CA"'PDt.JJIR
County of f'rJA fluJ
On 3-'9-0/
IDATE!
before me, ftJlIll.VA l1l.SMAroI J1rAtCf Plltlt.1C
INAMEfTlTlE OF OffICER-, .." JJE DOE. NOTARY PUBLIC",
F. re/lomt k>Ne
INAMEISI OF SI~NfRISII
personally appeared
~'perSOnallY known to me -OR- 0
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(iesl.
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,
Witness my hand and official seal.
~ ~ ~ ~ ~ ~ ~ ~ ~
ISEAl!
~ ().. ~~
ISIGNAT~R~Y)
ATTENTION NOTARY
RIGHT lHUMBPRINT COptlon.11
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CAPACITY ClAIMED BY SIONER,S)
DINDIVIDUALlS)
OCORPORATE
OFFICER(SI
ITInaq
DPARTNERISJ DLlMITED
DOENERAL
DA rrORNEY IN FACT
DTRUSTEEISI
OGUAROIAN/CONSERVATOR
DOTHER.
SIGNER IS REPRESENTING:
IName of Poreonla' or Entltyl...)
RIGHT THUMBPRINT IOptional)
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CAPACITY CLAIMED BY SIONERIS)
DINDIVIDUALlSI
DCDRPORA TE
OFFICERISI
The information requested below and In the column to the right is OPTIONAL. """"
Recording of this document is not required by law and is also optional.
It could, however, prevent fraudulent attachment of thiS certificate to anY_p.!i:~~~RISI DLlMITED
unauthorized document. F"'1fT RjrI't>DM'.sr ~ (l6fJ11tf7{D pev- DGENERAL
, f}/PII.et,"e~-r ~e-oftoleel'l GI"'1 rl!' DATTORNEY IN FACT
THIS CERTIFICATE lltloorTypoolDocumont 'Se'A,L P.lP.'Al:U ~ Ufu.."-IIt/J ~me$lTRuSTEEISI
MUST BE ATTACHED 1,"2 .....LC... OGUAROIAN/CONSERVATOR
TO THE DOCUMENT Numbero'PlIgel ';;/.:;) DetoOfDacumentllcPlLlt- ~ I OOTHER
DESCRIBED AT RIGHT:
Signer I.) OIhllr Than Named Abovo
WOlCOTTS FORM 83240 "-v. 3-84 C1lnCI clu. 8-2AI C11994 WOLCOTTS FORMS,INC
,ALL PURPOSE ACKNOWLEDGMENT WITH SIGNER CAPACITYIREPRESENTATlONITWO FINGERPRINTS
SIGNER IS REPRESENTING:
IN_me of Pe,.onl.) Dr Entltyh..1
111111111I111//11111111I11
7 67775 63240 8
Ordinance Number /97/
EXHIBIT A
DESCRIPTION QF SUBJECT PROPERTY
(Hellman Properties LLC - Hellman Ranch Property)
DESCRIPTION
I
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS
FOLLOWS:
THOSE POI3TIONS OF SECTION 11 AND OF THE WEST HALF OF SECTION 12,
TOWNSHIP 5 SOUTH, RANGE 12 WEST, WITHIN LOT C-1 OF THE RANCHO LOS
ANGELES, AS PER MAPS I 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 THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT C-1,
ALSO BEING THE SOUTHEASTERLY LINE OF THE STRIP OF LAND 100 FEET IN WIDTH
OF THE LOS ANGELES GAS AND ELECTRIC CORPORATION, WITH A LINE PARALLEL
WITH AND SOUTHERLY 1056.14 FEET FROM THE NORTH LINE OF THE SOUTH HALF OF
SAID SECTION 11, SAID INTERSECTION BEING ALSO THE NORTHWESTERLY CORNER
OF LOT 18 OF TRACT NO. 1817 AS PER MAP RECORDED IN BOOK 82, PAGES 26 TO 31
INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF I
SAID COUNTY OF ORANGE; THENCE, ALONG THE NORTHERLY BOUNDARY OF SAID
TRACT, AND ALONG THE NORTHERLY BOUNDARY OF TRACT NO. 2590 AS PER MAP ,
RECORDED IN BOOK 82, PAGES 32 TO 39 INCLUSIVE OF SAID MISCELLANEOUS MAPS,
THE FOLLOWING COURSES: SOUTH 89 DEGREES 47' 55" EAST 535.26 FEET; SOUTH 17
DEGREES 39'50" EAST 224.72 FEET; SOUTH 58 DEGREES 14' 20" EAST 233.06 FEET;
NORTH 83 DEGREES 25' 10" EAST 483.32 FEET; NORTH 67 DEGREES 58' 55" EAST
235.00 FEET; NORTH 13 DEGREES 25' 35" EAST 110.30 FEET; NORTH 54 DEGREES 00'
10" EAST 139.31 FEET; SOUTH 89 DEGREES 47' 55" EAST 2640.57 FEET; AND SOUTH 44
DEGREES 52' 03" EAST 548,68 FEET TO THE WESTERLY LINE OF BAY BOULEVARD;
THENCE, ALONG SAID WESTERLY LINE, NORTH 30 DEGREES 38' 00" EAST 170241
FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE
REDEVELOPMENT CENTER OF THE CITY OF SEAL BEACH, RECORDED FEBRUARY 27,
1976 IN BOOK 11659, PAGE 1767 OF OFFICIAL RECORDS; THENCE NORTH 65 DEGREES
43' 42" WEST 1344.43 FEET ALONG SAID SOUTHWESTERLY LINE TO THE
SOUTHEASTERL Y CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS
CONTAINING 124,077 ACRES ON A MAP FILED IN BOOK 83, PAGE 22 OF RECORD OF
SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE,
BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL
C1-104 IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT,
RECORDED JANUARY 27, 1961 IN BOOK 5609, PAGE 69 OF OFFICIAL RECORDS;
THENCE, ALONG THE BOUNDARY OF SAID LAND, NORTH 89 DEGREES 48' 27 " WEST
380.00 FEET; NORTH 53 DEGREES 34' 46" WEST 1116.68 FEET; NORTH 89 DEGREES 48'
02" WEST 310.00 FEET; AND NORTH 0 DEGREES 09' 46" EAST 60.85 FEET TO THE I
BOUNDARY LINE BETWEEN STATIONS 1 AND 2 OF LOS ANGELES AND ORANGE
COUNTIES, AS SURVEYED BY THE -COUNTY SURVEYOR OF SAID LOS ANGELES
COUNTY, AND ESTABLISHED BY THE CALIFORNIA LEGISLATURE IN 1919, AND AS
SHOWN ON LOS ANGELES COUNTY SURVEYOR'S MAP NO. 8175 RECORDED IN BOOK
39, PAGE 52 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID LOS ANGELES COUNTY; THENCE SOUTH 57 DEGREES 06' 51"
WEST 2979.04 FEET TO THE INTER-SECTION WITH THE LINE DESCRIBED IN SEAL
BEACH BOUNDARY AGREEMENT NO.2, AS DESCRIBED IN DOCUMENT NO. 4989
RECORDED APRIL 8, 1968 IN BOOK 9565, PAGE 1 OF OFFICIAL RECORDS; THENCE,
ALONG SAID AGREEMENT LINE, BEING ALSO THE RANCHO LOS ALAMITOS LINE
BETWEEN STATIONS 50 AND 51, AS PER MAP NO.2 OF A PARTITION OF SAID RANCHO,
FILED IN DECREE OF PARTITION IN SUPERIOR COURT CASE NO. 13527, IN THE SAID
Ordinance Number 1~1 /
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COUNTY OF LOS ANGELES, A COPY OF WHICH WAS RECORDED JANUARY 29,1891 IN
BOOK 700, PAGE 141 OF DEEDS IN SAID COUNTY RECORDER'S OFFICE OF LOS
ANGELES COUNTY, A COPY OF WHICH WAS RECORDED MARCH 12,1891 IN BOOK 4,
PAGE 31 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE
COUNTY; THENCE SOUTH 37 DEGREES 51' 40" EAST 465.20 FEET ALONG SAID
AGREEMENT LINE AND RANCHO LINE, TO STATION So OF THE RANCHO LOS
ALAMITOS; THENCE SOUTH 54 DEGREES 37' 05" WEST 613.07 FEET, CONTINUING
ALONG SAID RANCHO LINE TO THE POINT OF BEGINNING.
EXCEPT THEREFROM, THAT PORTION CONVEYED TO THE CITY OF LOS ANGELES BY
DEED RECORDED FEBRUARY 15, 1961 IN BOOK 3629, PAGE 527 Of OFFICIAL
RECORDS.
(Southern California Edison)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT, IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS
FOLLOWS:
PARCEL A:
I
THAT PORTION OF TIDE LAND LOCATION NO. 137 "SURVEY NO. 106". AS PATENTED BY
THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901, AND RECORDED APRIL 27, 1901 IN
BOOK 9, PACE 105, OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND
RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PACE 231, Of PATENTS, RECORDS OF
ORANGE COUNTY, DESCRIBED IN THAT CERTAIN DEED TO SOUTHERN CALIFORNIA
EDISON COMPANY DATED NOVEMBER 30, 1976 AND RECORDED FEBRUARY 18, 1977
AS INSTRUMENT NO. 23970 IN BOOK 12075, PAGE 340, Of OFFICIAL RECORDS,
RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN THAT CERTAIN
PARCEL OF LAND DESCRIBED AND DESIGNATED AS PARCEL 13 OF EXHIBIT "D" IN
TI~AT CERTAIN EXCHANGE :A.GREEMENT RECORDED APRIL 23,1970 AS INSTRUMENT
NO. 141191N BOOK 9272, PAGE 102 AND FOLLOWING, OF SAID OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 50.00 FEET THEREOF.
(Southern California Edison)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF
CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS:
I
THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH
HALF OF TIM NORTHEAST QUARTER. ALL OF SECTION 11, TOWNSHIP 5 SOUTH,
RANGE 12, WEST, IN THE RANCHO LOS ALAM/TOS, COUNTY OF ORANGE, STATE OF
CALIFORNIA, AS PER MAP FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT
OF LOS ANGELES COUNTY, AS CASE NO. 13527, A CERTIFIED COpy OF SAID DECREE
HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PACE 31 OF DEEDS OF. SAID
ORANGE COUNTY AND THAT PORTION OF TIDE LAND LOCATION NO. 137 'SURVEY No.
106", AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12,1901, AND
RECORDED APRIL 27,1901 IN BOOK 9, PAGE 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 POINT "A", HEREINBEFORE REFERRED TO IN PARCEL 1; THENCE
SOUTH 0" 10' 24" WEST, 419,23 FEET TO A 4 INCH PIPE SET IN CONCRETE MARKED
LAG 40; THENCE SOUTH 54" 48' 00" WEST, 2721.05 FEET TO STATION NO. 50 OF SAID
RANCHO; THENCE CONTINUING SOUTH 54" 48' 00", WEST, 613.69 FEET TO A POINT ON
THE EASTERLY LINE OF THE PACIFIC COAST HIGHWAY AS DESCRIBED IN TI:IE DEED
TO THE STATE OF CALIFORNIA RECORDED DECEMBER 2, 1929 IN BOOK 332, PAGE 237
Ordinance Number J'~71
OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY;
THENCE NORTH O. 54' 57" WEST, 120.93 FEET ALONG SAID EASTERLY LINE OF THE
PACIFIC COAST HIGHWAY; THENCE NORTH 54. 48' 00" EAST, 3058.35 FEET; THENCE
NORTH 27" 29' 12" EAST, 278.25 FEET;,THENCE NORTH 0.10' 24" EAST, 146. 18 FEET
TO SAID 4 INCH PIPE SET IN CONCRETE MARKED LAG 37, HEREINBEFORE REFERRED
TO IN PARCEL 1; THENCE NORTH 57" 10' 40" EAST, 119.22 FEET TO SAID POINT "A"
AND THE POINT OF BEGINNING.
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EXCEPTING THEREFROM THAT PORTION DESCRIBED AND DESIGNATED PARCEL 13
OF EXHIBIT "0" IN THAT 'CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23,1970
IN BOOK 9272, PAGE 140 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE:: COUNTY.
ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PROPERTY
DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY
2,1981 IN BOOK 13934, PAGE 1637 OF OFFICIAL RECORDS.
ALSO EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER MINERALS OR
HYDROCARBON SUBSTANCES IN AND UNDER OR WHICH MAY BE PRODUCED FROM
SAID LAND, WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND,
AS EXCEPTED AND RESERVED IN THOSE CERTAIN DEEDS RECORDED SEPTEMBER
26, 1924 IN BOOK 542, PAGE 120 OF DEEDS AND RECORDED FEBRUARY 15, 1961 IN
BOOK 5620, PAGE 527, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
(City of Seal Beach Redevelopment Agency)
DESCRIPTION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF I
CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS
FOLLOWS:
PARCEL 1, AS SHOWN ON' A MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
* * * *
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Ordinance Number I~~/
EXHIBIT B
DRAFT CDP CONDITIONS
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Ordinance Number J'~I
STATE OF CALIFORNIA. THE RESOURCES AGENCY
GRAY DAVIS, Governor
'":ALfFORNIA COASTAL COMMISSION
Julh Coasl Area Office
200 Oceangate, SUlle 1000
Long Beach, CA 90802-4302
(582) 590.5071
Page: Page 1 of 19 ~'
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Date:
Permit Application No.: 5-97-367 -A 1
ElRAFT
01122/2001 2:06 PM
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
,
Coastal Development Permit 5-97-367 granted to Hellman Properties LLC
consisting of: Subdivide 196 acre site inlo 9 parcels, including subdivision of one
parcel into 70 single-family residential lots in a private community; construct a
public golf course (including 6.8 acres of marsh integrated into the golf course) and
golf clubhouse; dedicate Gum Grove Park to the City of Seal Beach; create 26.0
acres of saltwater marsh and reserve existing oil production areas for future
wetland resloration; construct interpretive areas, dedicate public access trails, and
visitor-serving recreation facilities; extend Adolfo Lopez Drive, and conduct an
archaeological testing program, has been amended. On October 11,'2000, the
California Coaslal Commission granted to Hellman Properties U.C Coastal
Development Permit Amendment 5-97-367-A1, subject to the att;;jched conditions,
for development consisting of: Change the proposed project description to eliminate
a 100 acre golf course and associated wetland impacts and wetland restoration;
add a deed restriction reserving lowlands for acquisition for wetlands restoration;
expand the footprint of 70-lot residential subdivision from 14.9 acres to 18.4
acres; reduce mass grading from 1.6 million cubic yards to 420,000 cubic yards;
and include changes to the language of previously imposed special conditions
... more specifically described in the application file in the Commission offices.
The development is within the coastal zone in Orange County at Hellman Ranch;
N.E. of PCH (Slale Route 1), S.E. of the San Gabriel River, south of Adolfo Lopez
Drive, West of Seal Beach Blvd, and North of Marina Hill, Seal Beach.
The actual development permit is being held in the Commission office until
fulfillment of the Special Conditions imposed by the Commission. .once these
conditions have been fulfilled, the permit will be issued. For your information, all
the imposed conditions are attached. :: '
Iss[!ed on behalf of the California Coastal Commission on
PETER DOUGLAS
Executive Director
By:
Title: Coastal Program Analyst
ACKNOWLEDGMENT
The undersigned permittee acknowledges receipt of this notice of the California
Coastal Commission determination on Permit Amendment No. 5-97-367 -A1, and
fully understands its contents, including all conditions imposed. '
Date
Permittee
Please sign and return one copy of this form to the Commission office at the above
address.
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Ordinance Number 1"1'11
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5-97-367-A1
Page 2 of 1 9
DRAFT
01122/2001 2'06 PM
STANDARD CONDITIONS
1. Notice of Receipt and Acknowledqment. The permit is not valid and
development shall not commence until a copy of the permit, signed by the
permittee or authorized agent, acknowledging receipt of the permit and
acceptance of the terms and conditions, is returned to the Commission office.
2, Expiration. ,If development has not commenced, the permit will expire two
years from the date on which the Commission voted on the application.
Development shall be pursued in a diligent manner and completed in a
reasonable period of time. Applic;:Jtion for extension of the permit must be
made prior 10 the expiration date.
3. Interpretation. Any questions of intent or interpretation of ant condition will be
resolved by the Executive Director or the Commission. '
4. Assiqnment. The permit may be assigned to any qualified person, provided
assignee files with the Commission an affidavit accepting all lerms and
conditions of the permit. ,
5. Terms and Conditions Run with the Land. These terms and conditions shall be
perpetual, and it is the intention of the Commission and the permittee to bind all
future owners and possessors of the subject property to lhe terms and
conditions.
SPECIAL CONDITIONS PREVIOUSLY IMPOSED BY THE COMMISSION
ON SEPTEMBER 9,1998 WITH MODIFICATIONS FROM COASTAL
DEVELOPMENT PERMIT AMENDMENT 5-97-367-A1 APPROVED BY
THE COMMISSION ON OCTOBER 11, 2000 SHOWN:
1. RESERVATION OF POTENTIAL FOR LOWLANDS ,ACQUISITION FOR
WETLANDS RESTORA nON
[Deleted]. See Special Condition 16.
2. REVISED VESTING TENTATIVE TRACT MAP NO. 15381
[Deleted). See Special Condition 27
3. STATE LANDS PARCEL
[Deleted],
4.
GUM GROVE PARK
[Deleted]. See Special Condition 17
5. PUBLIC ACCESS PROGRAM
[Deleted], See Special Condition 18
6. ARCHAEOLOGY
,
[Deleted]. See Special Condition 27
Ordinance Number /~71
7. WATER QUALITY
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director,
a Nalional Pollutant Discharge Elimination System permit ("NPDES"), Storm
Water Pollution Prevention Plan, and Structural and Non-structural Best
Management Practices for the proposed project, in compliance with the
standards and requirements ot'the California Regional Water Quality Control
Board. The applicant shall implement and comply with the water quality I
measures approved by the Executive Director. Runoff from the site shall be
directed to the Los Alamitos retarding basin to the maximum extent feasible.
The permittee shall comply with mitigation measures WQ-5 through WQ-1Q
inclusive as approved by City of Seal Beach City Council resolution 4562.
,8. HAZARDS
Mitigation Measures WQ-1, WQ-2, WQ-3, WQ-4, GEO-1. GEO-2, GEO-3,
GEO-4, GEO-5, GEO-6, GEO-7, and GEO-8 as shown on ,Exhibit B of City of
Seal Beach City Council Resolution 4562 certifying the Hellman Ranch
Specific Plan Environmental Impact Report on September 22, 1997 (Exhibit
11 of the September 9, 1998 Staff Report) are hereby incorporated by
reference as special conditions of this coastal development permit.
9. FUTURE CONSTRUCTION OF HOMES ON THE MESA
This coaslal development permit does not approve development on the lots
created by Vesting Tentative Tract Map No. 15402. A future coastal
development permit(s) is required for development, such as site preparation,
construction of streets, common walls and landscaping, and construction of I
the actual homes, etc. on the site. Construction spoils, materials, and
equipment shall not be placed in any wetland areas.
10.' LEGAL INTEREST
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for the review and approval of the Executive Director,
written documentation demonstrating that it has the legal ability to carry out
all conditions of approval of this permit.
11. WETLANDS RESTORATION AREA I CONSERVATION
[Deleted].
12. FINAL WETLAND RESTORATION PROGRAM
[Deleted],
13. GOLF COURSE OPERATIONS AND GOLFER WETLAND EDUCATION
PROGRAM
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[Deleled].
14. RESIDENTIAL DEVELOPMENT-TIMING OF CONSTRUCTION
[Deleted].
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Ordinance Number ~4111
SPECIAL CONDITIONS FROM COASTAL DEVELOPMENT PERMIT
AMENDMENT 5-97-367-A1 APPROVED BY THE COMMISSION ON
OCTOBER 11, 2000:
15.
16.
A.
PRIOR CONDITIONS
Unless specifically altered by this amendment, all regular and special
cqnditions attached to coastal development permit 5-97 -36 7 remain in
effect.
RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR
WETLANDS RESTORATION
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, lhe
applicant shall execute and record a deed restriction, in a form and content
acceptable to the Executive Director which shall provide that:
(1) For a period of twenty-five years, the applicant agrees to sell the
lowlands area of the property as defined in "Attachment l' (as revised
oursuantto subsection 8, of lhis condition) to any public aQencv or
non-profit association acceptable to the Executive Director that requests
in writing to purcha~e the property or, through the' normal State of
California land acquisition practices if the State is the prospective buyer;
and,
(2) The sale shall be at fair market value as established by an appraisal paid
for by the buyer and prepared by an appraiser mutually acceptable to the
buyer and applicant, or, if the parties are unable to agree, by an appraiser
designated by' third party, or if the buyer and applicant agree through an
arbitration on value; and,
(3) The uses shall be restricted to wetlands restoration, open space and
environmental education purposes, with reversion rights to the State
Coastal Conservancy,
The deed restriction shall remain, in effect for twenty-five years and be
recorded over the lowlands area of the property and shall run with the land,
binding all successors and assigns, and shall be recorded free of prior liens
and encumbrances that the Executive Director determines may affect the
enforceability of the restriction. This deed restriction shall not be removed or
changed without a Coastal Commission-approved amendment to this coastal
development. permit unless the Executive Director determines that no
amendment is required. '
B.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit, for review and approval of the Executive Director, a
revised "A ttachment1" consisting of a map, prepared by,a[1 appropriately
licensed professional, which (i) depicts the area to be deed restricted
pursuant to subsection A. of this condition and Special Condition 28, (ii)
which maintains this restriction over at least 100 acres, (iii) which removes
those areas necessary for the bio-swale and water quality basin :ln8 ra~toF
fGFaging h3bit3t from the area to be deed restricted pursuant to subsection
A. of this condition and (iv) which off-sets the removal of lhose areas from
the deed restriction with other land within the project site suitable for a deed
restriction pursuant to subsection A. of this condition.
Note: Special Condition ,16 replaces Special Condition 1 in its entirety.
Ordinance Number 1'~71
17. GUM GROVE PARK
PRIOR TO THE ISSUANCE OF RESIDENTIAL BUILDING PERMITS the
,
applicant shall submit, for the review and approval of lhe Executive Director,
written evidence demonstrating that the area known as Gum Grove Nalure
Park and as delineated as Lot 3 of proposed Vesting Tentative Tract Map
15381 has been dedicated in (ee to the City of Seal Beach, as proposed by
the applicant. The dedication documents shall provide that:
(a) The park shall be preserved in perpetuity as a passive recreational
nature park open to the public. Active recreational activities or
commercial facilities shall be prohibited.
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(b) Necessary parking facilities which are the minimum required to serve
the park and which meets Americans with Disabilities Act
requirements shall be provided. The existing twenty (20) striped
parking spaces for Gum Grove Park shall be maintained.
(c) All trails within the dedicated park area shall be constructed to be
accessible to persons with disabilities consislent with:the Americans
with Disabilities Act requirements. No trails shall be lighted in order to
minimize impacts on wetlands,
(d) Small scale interpretive signage which describes the Monarch Butterfly
may be permitted if approved by the Executive Director.
(e) Gum Grove Park shall be open from dawn to dusk (one hour after
sunset) on a daily basis. Changes in hours of operation of Gum Grove
Park shall require an amendment 10 this permit unless lhe Executive I
Director delermines that an amendment is nol required.
(f) Signage shall be conspicuously posted which states t~at the park is
open to the general public. . :
.' .. .
(g) That portion of proposed Lot 3 of Tentative Tract Map No. 15381,
comprised of an approximately 25 foot wide strip of land which
borders Seal Beach Boulevard and extends west fr0m Seal Beach
Boulevard to connect 'with the primarily used part of Gum Grove Park,
shall be subject to the following requirements:
(1)The frontage along Seal Beach Boulevard shall not be gated,
fenced, or obstructed In any manner which prevents public access
from Seal Beach Boulevard.
(2)The area shall be reserved for a public trail and parking lot, which
are visible, and directly accessible 10 the public from Seal Beach
Boulevard, and which lead from Seal Beach Boulevard to the primary
part of Gum Grove Park to the west. The public parking lot area shall
be large enough for a minimum of ten (10) parking spaces. Where it is
nol teasible 10 reserve enough public parking area on this portion of I
proposed Lot 3, public parking directly accessible from Seal Beach
Boulevard shall be provided for on proposed Lot 2 of Tentative Tract
Map No. 15381 adjacent to proposed Lot 3, in accordance with the
provisions of Special Condition 18.B. of this permit.
(h) Domesticated animals (includinq, but not limited to, doqs) shall be
leashed and under the control of the Dartv resDonsible for the animal
at all times within Gum Grove Park,
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Ordinance Number ,1~
Note: Special Condition 17 replaces Special Condition 4 in its entirety.
1 8. PUBLIC ACCESS PROGRAM
A. Public Access Siqnaqe, PRIOR TO ISSUANCE OF THE COASTAL
DEVELOPMENT PERMIT, the permittee shall submit, for the,review and
approval of the Executive Director, a detailed signage plan which provides for
the installation of signs clearly yisible from Pacific Coast Highway and Seal
Beach Boulevard which invite and encourage the public to use the public
access, parking, and recreation opportunities proposed at Gum Grove Park,
and the public access trail and public parking linking Gum Grove Park to Seal
Beach Boulevard. Key locations include but are not limited to; 1) Gum Grove
Park, both at its western entrance and at the proposed Seal Beach Boulevard
entrance, The plans shall indicate the location, materials, dimensions,
colors, and text of the signs. The permittee shall install the signs in
accordance with the signage plans approved by the Executive Director.
B. Residential Community Streets (Vestinq Tentative Tract Map No. 154021.
PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction, in q form and content
acceptable to the Executive Director, which shall provide that: 1) public
pedestrian and bicycle access to the streets and sidewalks constructed
within the area subject to Vesting Tentative Tract Map No. 15402 shall not
be prE)cluded, 2) no locked gates, walls, fences, or other.obstructions
prohibiting public pedestrian or bicycle access to' the streets and sidewalks
constructed Within the area subject to Vesting Tentative Tract Map No.
15402 shall be permitted, 3) no requirement to allow public vehicular access
over the private streets is necessary if the applicant is willing to provide
public parking within Gum Grove Park and a separate vehicular enlrance from
Seal Beach Boulevard to said public parking, 4) if fewer than the ten (10)
public parking spaces required by Special Condition 17.(g)(2) of this permit
can be conslructed on proposed Lot 3 of Vesting Tentative Tract Map No.
15381, the portion of the area subject to Vesting Tentative Tract Map No.
15402 closest to Lol 3 shall be reserved for the balance of the public parking
, spaces so that the parking spaces are directly accessible from Seal Beach
Boulevard, The deed restriction shall be recorded over the entire area subject
to Vesting Tenlative Tract Map No, 15402 and shall run with the land,
binding all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the
restriction, This deed restriction shall not be removed or changed without a
Coastal Commission-approved amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required.
C. Revised Vestinq Tentative Tract Map No. 15402. PRIOR TO ISSUANCE OF
THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the
review and approval of the Executive Director, two copies of a revised
vesting tentative map for Tract No. 15402 if: (1) all of the ten public
parking spaces required under Special Condition 17. (g)(2) cannot be built on
proposed Lot 3 of Vesting Tentative Tract Map 15381, and/or (2) the
entities with jurisdiction over Seal Beach Boulevard do not approve a
separate vehicular entrance off of Seal Beach Boulevard to said public
parking spaces. The revised map shall show: (1) the locations and design of
said public parking spaces which cannot be built on Lot 3 and instead shall
be built on the portion of the area subject to Vesting Tentative Tract Map
No, 15402 closest to Lot 3, and 2) the location of the public street which
connects the public parking required under Special Condition 17.(g)(2) of this
permit with the entrance to the subdivision proposed by Vesting Tentative
Tract Map No. 15402. The revised map shall be accompanied by wrillen
documentation demonstrating that the governmental agencies which have
Jurisdiction over Seal Beach Boulevard and parking space standards have
approved the revised map. The applicant shall record the revised map
approved by the Executive Director.
D.
Ordinance Number 141;11
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Construction of Trail and Parkinq Lot. PRIOR TO COMMENCEMENT OF
CONSTRUCTION OF THE HOUSES WITHIN THE AREA SUBJECT TO
VESTING TENTATIVE TRACT MAP NO. 15402, the applicant shall construct
a public access trail and parking lot, which are visible and directly accessible
to the public from Seal Beach Boulevard, which lead from: Seal Beach
Boulevard to the primary part of Gum Grove Park to the west. The public
parking lot shall c'ontain a minimum of ten (10) parking spaces and shall be
directly accessible from Seal Beach Boulevard., Where it is not feasible to
construct the public parking and vehicular entrance on this portion of
proposed Lol 3 of Vesting Tentative Tract Map No. 15381, public parking
directly accessible from Seal Beach Boulevard shall be constructed on
proposed Lot 2 of Tentative Tract Map No. 15381 (Le.. the area subject to
Vesling Tenlative Tract Map No. 15402) immedialely adjacent to proposed
Lot 3, in accordance with the provisions of Special Condition 18.B of this
permit.
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Nole: Special Condilion 18 replaces Special Condition 5 in its entirety.
19. ARCHAEOLOGY
For purposes of this condition, "OHP" shall mean the State Office of Historic
Preservation, and "NAHC" shall mean the state Native American Heritage Commission.
A. Research Desian. The permittee shall undertake the proposed archaeological
investigation in conformance with the proposed archaeological research
design entitled A Research Desian for the Evaluation of Archaeoloaical Sites
within lhe Hellman Ranch Specific Plan Area dated November 1997 prepared
by KEA Environmental, Inc. for the City of Seal Beach. Prior to issuance of
, the coastal development permit for the archeoloaical investiaation, the I
applicant shall submit written evidence, subject to the review and approval
of the Executive Director, that a copy of the archaeological research design
has been submitted to the OHP, the NAHC, and the Native.American
person/group from the Juaneno/Aciachemem, Gabrielinorro'nava, or Luiseno
people designaled or deemed acceptable by the NAHC. for their review and
comment. An amendment to this permit shall be required for any changes to
the research design suggested by OHP, NAHC, or the Native American
group/person unless the Executive Director determines that an amendment is
not required.
B. Selection of Archaeoloqist{s} and Native American Monitor{s}. The
archaeologist(s) selected by the City shall meet the United States
Department of Interior minimum standards for archaeological consultants, as
also endorsed by the OHP. The City shall select the Native American
monitor(s) in compliance with the "Guidelines for monitors/consultants of
Native American cultural, religious and burial sites" issued by the NAHC, and
in consultation with the appropriate Native American person/group from the
Juaneno/Aciachemem, Gabrielinorronava, or Luiseno pebple deemed
acceptable by the NAHC.
C.
P05t-lnvestiaation Mitiqation Measures. Upon completior,J of the
archaeological investigation, and prior 10 the commencement of construction
of any development approved by this coastal development permit (other than
archaeological investigation activities or subdivision), the applicant shall
submit, for the review and approval of the Executive Director, a written
report regarding the following: 1) a summary of the findings of the
archaeological investigation, and 2) a final written mitigation plan which shall
identify recommended mitigation measures, which may include capping of
archaeological sites, data recovery and curation of important archaeological
resources as defined by the California Environmental Quality Act, and
detailed additional mitigation measures which need to be implemented. The
applicant shall also submit for review and approval of the Executive Director,
a signed conlract with a City-selected archaeological consultant that
provides for archaeological salvage that follows current accepted
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Ordinance Number I~"J'
NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT
Permit Application No. 5-97-367 -A 1
Page 10 of 19
DRAFT
01122/2001 206 PM
professional practice, if additional archaeological data recovery measures are
determined appropriate. The written report and additional mitigation
measures shall also be submitter! 10 the OHP and the appropriate Native
American person/group from the Juaneno/Aciachemem, GabrielinolTonqva.
or Luiseno people designated or deemed acceptable by the NAHC, An
amendment to this permit shall be required to implement any additional
mitigation measures unless the Executive Director determines a permit
amendment is not required.
D.
Implementation of Mitiqation Measures and Summary of Fieldwork. Prior to
commencement of site preparation, grading, and construction activities for
any development (other than archaeological investigation activities) located
within a fifty foot (50') radius of the furthest boundary of each
state-identified archaeological site as delineated in the arch~eological
research design, all of the requirements of Special Conditions 19.A., 19,8..
and 19.C. shall have been met. All development shall occur consistent with
the final plan required by Special Condition 19.C. A written synopsis report
summarizing all, work performed in compliance with Special Conditions 19,A,
19,8, and 19,C shall be submitted to the Executive Director, OHP, the NAHC
and the person/oroup from the Juaneno/Aciachemem. GabrielinolTonqva. or
Luiseno people desiqnated or deemed acceptable bv the NAHC, wi thin six (6)
weeks of the conclusion of field work. No later than six months after
completion of field work, a final report on the excavation and analysis shall
be submitted to the Executive Director, OHP. the NAHC and tho N^HG, and
the person/qroup from the Juaneno/Aciachemem. GabrielinolTonqva. or
Luiseno people desiqnated or deemed acceptable bv the NAHC,
E.
.' .' .
Monitorinq of Construction Activities. All site preparatio'n, grading and
construction activities for the proposed development shall be monitored on-
site by a qualified archaeologist and Native American monitor. The
archaeologist and Native American monitor shall have the express authority
to temporarily halt all work in the vicinity of the discovery site should
significant cultural resources be discovered, This requirement shall be
in'corporated into the construction documents which will be used by
construction workers during the course of their work.
F. Discovery of Cultural Resources I Human Remains Durinq Post-
Archaeoloqical Testinq Construction Activities.
(1) If additional or unexpected archaeological features are discovered during
site preparalion, grading, and construction activities for approved
development olher than lhe archaeological investigation, all work shall be
temporarily hailed in the vicinity of the discovery site while lhe permittee
complies with the following:
The archaeologist, in consultation with the Native American monitor, shall
sample, identify and evaluate the artifacts as appropriate and shall report
such findings to the permittee, the City and the Executive Director. If the
archaeological resources are found to be significant, the archaeologist, in
consultation with the Native American monitor, shall determine
appropriale actions, and shall submit those recommendations in writing to
the Executive Director, the applicant and the City. The archaeologist
shall also submit the recommendations for the review and approval of the
Executive Director and shall be prepared in accordance with the
provisions outlined in Special Condition 19.C above. Any recommended
changes to the proposed development or the mitigation measures
idenlified in the final plan required by Special Condition 19.C. shall require
a permit amendment unless the Executive Director determines that a
permit amendment is not required.
Ordinance Number J'~"/
Development activities may resume if the cultural resources are not
determined to be 'important' as defined by the California Environmental
Quality Act (CEQA).
(2) Should human remains be discovered on-site during the course of site
preparation, grading, and construction activities, immediately after such
discovery, the on-site City-selected archaeologist and Native American
monitor shall notify the City'of Seal Beach, Director of Development
Services and the County Coroner within 24 hours of such discovery, and
all construction activities shall be temporarily halted in the vicinity of the
discovery site until the remains can be identified. The Native American
group/person from the Juaneno/Aciachemem. GabrielinolTonqva, or
Luiseno people desiqnated or deemed acceptable by the NAHC shall
participate in the identification process. Should the human remains be
determined to be that of a Native American, the permittee shall comply
with the requirements of Section 5097.98 of the Public Resources Code.
Within five (5) calendar days of such notification, the:director of
development services shall notify the Executive Director of the discovery
of human remains.
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G. Incorporation of Archaeoloqy Requirements into Construction Documents,
Special Condition No. 19 of Coastal Development Permit 5-97-367 shall be
incorporated in ils enlirety into alllhe construction documents which will be
used by construction workers during the course of their work as well as all
construction bid documents.
H, Sequencinq of Issuance of Coastal Development Permit Related to
ArcheoloqicallnvestiQation.
In advance of compliance with the other special conditions of Coastal
Development Permit 5-97-367, as amended, the Executive Director may
issue a coastal development permit. consistent with the terms of subsections
A throuqh G of this condition, for the development needed to undertake the
archeoloqical investiqation,
I
Note: Special Condition 19 replaces Special Condition 6 in its entirety.
20. FINAL PLANS
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT P~RMIT, the
applicant shall submit, for review and approval of lhe Executive Director:
1. Final design, grading, construction, structural, and drainage plans for the
bio-swale, riparian corridor and water quality basin that substantially
conform with the Storm Water Manaqement & Water Quality Control
Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe
Engineerin9 of Irvine, California, dated July 27, 2000, submitted to the
Commission; and
2. Final landscape plans for the bio-swale, riparian corridor, and water
quality basin'that substantially conform with the Storm Water
Manaqement & Water Quality Control Plan, (SWM & W9CP) prepared
by MDS Consulting and Fuscoe Engineering of Irvin!!"California, dated
July 27,2000, submitted to the Commission, and the letter from Glenn
Lukos Associates of Lake Forest, California to John Laing Homes and
Hellman Properties dated June 28, 2000, regarding Biological Benefits
of Proposed Wetland Treatment System, CDP 5-97-367-A1, Hellman
Ranch Property, Orange County, California. These final plans shall be
prepared in consultation with the California Department of Fish and
Game and U.S, Fish and Wildlife Service and shall be accompanied by
written evidence of their endorsement of the landscape plans.
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Ordinance Number 1'11/
21. REQUIREMENT FOR IDENTIFICATION OF SUITABLE RAPTOR FORAGING
HABITAT AND REQUIREMENT FOR MANAGEMENT PLAN
A.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for review and approval of the Executive Director, a
map, prepared by a biologist in accordance with current professional
standards, delineating raptor foraging habitat with long term conservation
potential available within the lowlands of the subject property as identified in
the letter from Glenn Lukos Associates of Lake Forest, California to John
Laing Homes and Hellman Properties dated September 11, 2000, regarding
Response to June 19, 2000, letter from the California Department of Fish
and Game -Regarding Biological Resources at Hellman Ranch, The area
delineated shall not be less than 9.2 contiguous acres of rap lor foraging
habitat. The delineation and site selection shall occur in coosultation with
the California Department of Fish and Game, and the map submitted 10 the
Executive Director shall be accompanied by a written endorsement by the
California Dep!'lrtment of Fish and Game of the raptor foraging habitat
delineation, the selected site and the map; and
B. The raptor foraging habitat to be identified in subsection A. of this condition
shall have the same or better functions and values as the site to be
impacted, in accordance with the biological assessment prepared by Glenn
'Lukos Associates in their letter dated September 11, 2000, If there are no
raptor foraging habitat areas with the same or better functions and values as
the site to be impacted in the area previously identified by the applicant as
having such, the applicant shall obtain an amendment to this coastal
development permit in order to remedy the discrepancy; and
C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall submit for review and.approval of the Executive Director, a
raptor foraging habitat management plan which identifies management
measures necessary to, at minimum, maintain the functiQns and values of
the raptor foraging habitat identified in subsection B. of this condition. Such
measures shall include appropriate brush management measures for the
, maintenance of raptor foraging habitat. Measures may include brush
clearance and brush mowing; planting of plant species associated with raptor
foraging habitat, and exotic and invasive plant species controls for the
removal of plant species which upset the functioning of the raptor foraging
habitat, including, but not limited to, ice plant, pampas grass, arundo giant
cane, and myoporum. Any chemical controls to be used in areas adjacent to
wetlands shall be limited to those which are non-toxic to wetland organisms
(e.g. Rodeo@ Herbicide), The rap lor foraging habitat management plan shall
be prepared in consultation with the California Department of Fish and Game,
and shall be accompanied by a written endorsemenl of the plan by the
California Deparlment of Fish and Game. The permittee shall undertake
development in accordance with the raptor foraging habitat management
plan approved by the Executive Director. Any proposed changes to the
approved rap lor foraging habitat management plan shall be reported to the
Executive Director. No changes to the approved raptor foraging habitat
management plan shall occur without a Commission amendment to this
coastal development permit unless the Executive Director determines that no
amendment is required.
22, OPEN SPACE DEED RESTRICTION
A. No development, as defined in section 30106 of the Coastal Act shall occur
in the raplor foraging habitat delineated by the map required pursuant to
Special Condition 21 except for:
1. Activities related to raptor foraging habitat maintenar,l.ce pursuant to
the raptor foraging habitat management plan required pursuant to
Special Condition 21.C.; and
Ordinance Number /~jf/
2. The following development, if approved by the Coastal Commission as
an amendment to this coastal development permit: activities related to
public access, recreation, and wetland restoration 'provided that such
development continues to designate a minimum of 9.2 acres of
equivalent or better functioning raptor foraging habitat.
B.
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction in a form, and content
acceptable to the Executive Director, which shows that the open space area
identified pursuant to Special Condition 21 shall be restricied as open space
for raptor foraging habitat and the deed restriction shall reflect the above
restriction on development in the designated open space. The deed
restriction shall contain the raptor foraging habitat management plan
approved by the Executive Director pursuant to Special ~ondition 21 ,C. The
deed restriction shall include legal descriptions of both the applicant's entire
parcel and the open space area. The deed restriction shall run with the land,
binding all successors and assigns, and shall be recorded free of prior liens
that the Executive Director determines may affect the enforceability of the
restriction. This deed restriction shall not be removed or changed without a
Commission amendment to this coastal development permit.
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23. WATER QUALITY
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT the
,
applicant shall submit a final Storm Water Management and Water Quality
Control Plan (SWM & WQCP) designed to mitigate stormwater runoff and
nuisance flow from development on Vesting Tentative Tracts 15381 and
15402. The final SWM & WQCP shall include structural and non-structural
Best Management Practices (BMPs) designed to control the volume, velocity I
and pollutant load o'f storm water and nuisance runoff leaving the developed
site. The final plan shall be reviewed by the consulting engineering geologist
to ensure conformance with geotechnical recommendations. The final plan
shall demonstrate substantial conformance with the Water Qualitv
, ManaQement Plan (WQMP\, Tract 15402, Hellman Ranch, prepared by MDS
Consulting of Irvine, California, dated January 2000, and th..e Storm Water
ManaQement & Water Qualitv Control Plan, (SWM & WQC!?') prepared by
MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27,
2000, and the following requirements:
1. Post-development peak runoff rates and average volume from the
developed site shall not exceed pre-development levels for the 2-year
24-hour storm runoff event.
2. Post-construction treatment control BMPs shall be designed to
mitigate (infiltrate or treat) stormwater runoff from each runoff event
up to and including the 85th percentile 24-hour runoff event.
3.
The approved SWM & WQCP shall be implemented,prjor to or
concurrent with the construction of infrastructure::associaled with the
development on Vesting Tentative Tracts 15381 and 15402. The
approved BMPs and other measures included in the final SWM &
WQCP shall be in place and functional prior to the issuance of the first
residential bUilding permit within Vesting Tentative Tract 15402.
I
4. All structural and non-structural BMPs shall be maintained in a
functional, condition throughout the life of the approved development.
Maintenance activity shall be performed according to the
recommended maintenance specifications contained in the California
Stormwater BMP Handbooks (California Slormwater Quality Task
Force, 1993) for selecled BMPs. At a minimum, maintenance shall
include the fOllowing: (i) all structural BMPs shall be inspected,
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Ordinance Number /~~/
cleaned and repaired, as needed prior to the onset of the storm
season, no later than October 1 sl of each year and (ii) should any of
the project's surface or subsurface drainage/filtration structures or
other BMPs fail or result in increased erosion, the applicant/landowner
or successor-in-interest shall be responsible for any necessary repairs
to the drainage/filtration system and restoration of the erodep area.
'Should repairs or restoration become necessary, prior to
commencement of such repair or restoration work, the applicant shall
submit a repair and restoration plan to the Executive Director to
determine if an amendment or new coastal development permit is
required to authorize such work.
B.
Any changes 10 the structures outlined in the, Storm Water ManaQement &
Water Qualitv Control Plan, (SWM & WQCP) prepared by MDS Consulting
and Fuscoe Engineering of Irvine, California, dated July 27, 2000, including
changes to the footprint of any such structures, necessary to accommodate
the requirements of subsection A of this condition, shall require an
amendment to this coastal development permit, unless the Executive Director
determines that no amendment.is required. <
c.
The permittee shall undertake development in accordance with the approved
final plan. Any proposed changes to the approved final plan shall be
reported to the Executive Director. No changes to the approved final plan
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director determines that no amendment is
required.
D. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute and record a deed restriction in a form and content
acceptable to the Executive Director, reflecting the requirements outlined in
subsections A., B., and C. of this condition. The deed restriction shall
include legal descriptions of both the applicant's entire parcel and the deed
reslricted area. The deed restriction shall run with the la'nd, binding all
successors and assigns, and shall be recorded free of prior liens thai the
, Executive Director determines may affect the enforceability of the restriction,
This deed restriction shall not be removed or changed without a Commission
amendment to this coastal development permit. '
24. RESERVATION OF LAND FOR WATER QUALITY PURPOSES
A.
The area of land containing the proposed water quality basin, bio-swale and
riparian corridor, and associated appurtenances as depicted in Figure 8
(inclusive of the landscaped areas) of the Storm Water ManaQement & Water
Qualitv Control Plan, (SWM & WQCP) prepared by MDS Consulting and
Fuscoe Engineering of Irvine, California, dated July 27, 2000, shall be
reserved for water quality improvement purposes through a deed restriction
as required pursuant to subsection B. of this condition. The deed restriction
shall not preclude use of lhe same such land for wetland restoration provided
the water' quality improvement functions of lhe system described in the
SINM & INGep, as revised and approved by the Executive Director pursuant
to Special Condition 23, is, at minimum maintained, In addition, the deed
restriction shall not preclude construction and maintenance of the access
road depicted Figure 8, nor shall it preclude the construction and
maintenance of the utilities and oil transmission lines depicted on Vesting
Tentative Tracts 15381 and 15402, as approved by the Executive Director,
nor shall is preclude the maintenance of existing oil operations, provided the
water quality improvement functions of the system described in the SWM &
WQCP, as revised and approved by the Executive Director pursuant to
Special Condition 23, is, at minimum maintained. Finally, the deed
reslriction shall not preclude development associated with the archaeOlogical
investigation required pursuant to Special Condition 19.
Ordinance Number /1/7/
B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT the
,
applicant shall execute and record a deed restriction in a foem and contenl
acceptable to the Executive Director, reflecting the above restrictions. The
deed restriction shall include legal descriptions of both the applicant's entire
parcel and the deed restricted area. The deed restriction shall run with the
land, binding all successors and assigns, and shall be recorded free of prior
liens that the Executive Director determines may affect the enforceability of
the restriction. This deed restriction shall not be removed or changed
without a Commission amendment to this coastal development permit.
25. STAGING AREA FOR CONSTRUCTION
I
A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT the
,
permittee shall submit a plan for the review and approval of the Executive
Director which indicates that the construction staging area(s) and
construction corridor(s) will avoid impacts to wetlands. ) "
1. The plan shall demonstrate that:
(a) Construction equipment, materials or activity shall not occur
outside'the staging area and construction corridor identified on the
site plan required by this condition; and
(b) Construction equipment, materials, or activity shall not be placed in
any location which would result in impacts to wetlands.
2. The plan shall include, at a minimum, the following components:
(a) A site plan" that depicts:
(1) limits of the staging area(s)
(2) construction corridor(s)
(3) construction site
(4) location of construction fencing and temporary job trailers
with respect 10 existing wetlands
I
B. The permittee shall undertake development in accordance with the approved
final plans. Any proposed changes to the approved final plans shall be
reported to the Executive Director. No changes to the approved final plans
shall occur without a Commission amendment to this coastal development
permit unless the Executive Director delermines that no amendment is
required.
26. PERMIT COMPLIANCE
All development must occur in strict compliance with the proposal as set
forth in the application for permit, subject to any special conditions set Forth
herein, Any deviation from the approved plans must be revlf;!wed and
approved by the Executive Director and may require Commission approval.
27. REVISED VESTING TENTATIVE TRACT MAP NO. 15381
PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the I
applicant shall submit, for the review and approval of the Executive Director,
two copies of a revised vesting tentative map for Tract No. 15381. The
revised map shall show only five legal lots as generally depicted in Exhibit 1,
page 4; namely, 1) the lot currently owned by the California State Lands
Commission, 2) the lot currently owned by the City of Seal Beach
Redevelopment Agency, 3) proposed Lot 2 which is proposed to be further
subdivided into seventy residential lots pursuant to proposed, Tentative Tract
Map 15402, 4) proposed Lot 3 for the proposed dedication of Gum Grove
Park, which shall be in substantial conformance with the configuration
I
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Ordinance Number /~11
shown on the map submitted with the permit application and maintain the
proposed minimum 25 wide frontage along Seal Beach Boulevard, and 5) a
lot consisting of the remainder of the subject site owned py the applicant.
The applicant shall record the revised map approved by the Executive
Director. No further subdivision of the lot identified in sub-section 5 shall
occur other than to accommodate the transfer of land to a non-profit entity,
subject to the review and approval of the Executive Director, for wetlands
restoration, open space and environmental education purposes and which
shall require an amendment to this coastal development permit unless the
Executive Director determines that no amendment is required.
Note: Special Condition 27 Replaces Special Condition 2 in its entirely.
4-&28. RESERVATION OF POTENTIAL FOR bGWbANQS-ACQUISITION OF OIL
PRODUCTION AREA FOR WETLANDS RESTORATION
A,. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the
applicant shall execute ,and record a deed restriction, in a form and content
acceptable to the Executive Director which shall provide that:
(1) At the time oil production ceases and F"-for a period of twenty-five years
thereafter, the applicant agrees to sell the 1ewla00s oil production area of
the property as defined in "Attachment 1" (as revised pursuant to
subseclion B. of ~ Special sCondition 16) to any public agency or
non-profit association acceptable to the Executive Director that requests
in writing to purchase the property or, lhrough the normal State of
California land acquisition practices if the State is the prpspective buyer;
and ~
,
(2) The sale shall be at fair market value as established by an appraisal paid
for by the buyer and prepared by an appraiser mutually acceptable to the
buyer and applicant, or, if the parties are unable to agree, by an appraiser
designated by third party, or if the buyer and applicant agree through an
arbitration on value; and,
(3) The uses shall be restricted to wetlands restoration, open space and
environmental education purposes, with reversion righls to the 'Stale
Coastal Conservancy.
Within 30 days of the cessation of oil production, the applicant shall notify
the Executive Director in writinq of the date oil production', ceased. The deed
restriction shall remain in effect for twenty-five years from the date oil
production ceases and be recorded over the IewlaFlGS oil production area of
the property and shall run with the land, binding all successors and assigns,
and shall be recorded free of prior liens and encumbrances that the Execulive
Director determines may affect the enforceability of the restriction, This
deed restriction shall not be removed or changed without a Coastal
Commission-approved amendment to this coastal development permit unless
the Executive Director determines that no amendment is required.
AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE
RECEIVING THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE
SAN FRANCISCO OFFICE. WHEN YOU RECEIVE THE DOCUMENTS IF YOU HAVE
ANY QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904-5200.
Ordinance Number 1~71
EXHIBIT C
REVISED SITE PLAN OF PROPERTY
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Ordinance Number /'17/
EXHIBIT 0
HISTORY OF HEARINGS AND PROCEEDINGS
ON DEVELOPMENT AGREEMENT
Plannlna Commission Review of Development Aareement
A.
Plannino Commission Public Hearino reoardino Hellman Ranch Development
Aoreement
1. Planning Commission conducted a Public Hearing on the Hellman Ranch
Specific Plan, including the Final EIR and the Developmenl Agreemenl on
September 3, 1997.
2. Al the conclusion of the Public Hearing on September 3, 1997, the
Planning Commission adopted Resolution No. 97-22, A Resolution of the
Planning Commission of the City of Seal Beach Recommending to the
City Council lhe Adequacy of the Final Environmental Impact Report for
lhe Hellman Ranch Specific Plan, on a 5-0 vote.
3. At the conclusion of the Public Hearing on Seplember 3, 1997, the
Planning Commission adopted Resolution No. 97-29, A Resolution of lhe
Planning Commission of the Cily of Seal Beach Recommending to the
City Council Approval of the Hellman Ranch Specific Plan, on a 5-0 vote.
4.
At the conclusion of the Public Hearing on September 3, 1997, the
Planning Commission aqopted Resolution No. 97-34, A Resolution of the
Planning Commission of the City of Seal Beach, Recommending Approval
to the City Council of a Qeve/opment Agreement Between the City of Seal
Beach and Hellman Properties LLC, Regarding the Hellman Ranch
Specific Plan, on a 5-0 vote.
Citv Council Review of Development AQreement
A. Citv Council Public Hearino reoardina Hellman Ranch Development Aareement
1. City Council conducted a Public Hearing on the Hellman Ranch Specific
Plan, including the Fina', EIR and the Development Agreement on
September 22,1997.
2. Attne conclusion of the Public Hearing on September 22 1997, the City
Council adopted Resolution No. 4562, A Resolution of the City Council of
the City of Seal Beach Certifying the Final Environmental Impact Report
for the Hellman Ranch Specific Plan; Adopting the Mitigation Monitoring
Program; Adopting the Findings and Facts in Support of Findings as
Required by the California Environmental Quality Act; and Adopting a
Stalement of Overriding Considerations, on a 5-0 vote.
3.
After the conclusion of the Public Hearing on September 22, 1997, on
October 20, 1997, the City Council introduced Ordinance No. 1420, An
Ordinance of the City Council of the City of Seal Beach Adopting the
Hellman Ranch Specific Plan (Hellman Ranch Specific Plan Amendment
97-1), on a 5-0 vote. Second reading and Adoption of Ordinance No.
1420 occurred on October 27,1997.
4. After the conclusion of the Public Hearing on September 22 1997, on
October 20, 1997, the City Council introduced Ordinance No. 1422, An
Ordinance of the City Council of' the City of Seal Beach Adopting a
Development Agreement Between the City of Seal Beach and Hellman
Properties LLC, Regarding the Hellman Ranch Specific ,Plan, on a 5-0
vote. Second reading and Adoption of Ordinance No. 1422 occurred on
October 27,1997. '
. * '* '*
Ordinance Number 147/
EXHIBIT E
DEVELOPMENT AGREEMENT ORDINANCE
ORDINANCE NUMBER /PcZ
AN ORDINANCE OF THE CITY COUNCIL OF
THE cm' OF SEAL BEACH ADOPTING A
DEVELOPMENT AGREEMENT BETIVEEN
THE CITY OF SEAL BEACH AND HELLMAN
PROPERTIES LLC, REGARDING THE
"HELLMAN RA.NCH SPECJFIC PLAN"
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THE CITY COUNCIL OF THE CITY OF SEAl BEACH DOES HEREBY
ORDAIN:
Section I. The City and Hellman Properties LLC desire to enter into a
development agreement pursuant to Government Code Sections 658~ through 65869.5,
and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with
respect to that certain real property commonly known as the "Hellman Ranch Specific
Plan' area, and more particularly described in the proposed development agreement,
attached hereto as Exhibit A.
Section 2. The City Council held a properly noticed public hearing regarding
the proposed development agreement on September 22. 1997.
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Section 3. The City Council hereby finds that the proposed development
agreement is consistent ....-ith the General Plan of the City of Seal Beach and the Hellman
Ranch Specific Plan.
Section 4. The City Council hereby approves and incorporates by reference
herein Resolution 97-34 of the Planning Commission of the City of Seal Beach, dated
September 3, 1997, auached hereto as Eiliibit "B".
Section 5. Based upon the foregoing, the City Council hereby approves the
proposed development agreement, incorporated by reference herein and attached hereto as
Exhibit" A" and authori;z.es the Mayor to execute said development agreement on behalf of
the City.
Section 6. The time within which to challenge the subject development
agreement is governed by Government Code Section 65009.
PASSED, APPROVED AND ADOPTED by the City C~ncil of the City cif Seal
Beach at a rong ~eof held on the c:9, /7 - day of
lU:z ~ , 1997.
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MaYO~OTem
Ordinance Number /1/1/
ST A TE OF CAUFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH ,}
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1, Joanne M. Yeo, City Clerk of the qty of Seal Beach, California, do reby certify that
Ule foregoing ordinance is an original copy of Ordinance Number ~.:z. on file in
the oflic~ o~ Ule City Clerk, inlr at m ling held on the
r;/'tJ - day of ~ ,1997, and passed,
approved and ad~te.d by the City Council 00!if 9i~J~ S~Beach at a meeting held .on
lhe d / >:f- d:1y of ~~ ,1997 by the folloWIng
vote: /
ABSENT: Councilmember
ABSTAIN: councilmember~
AYES:
NOES:
I
and do hereby further certify that Ordinance Number / t/ ~;2.J has been published
pursuant to the Seal Beach City Chaner and Resolution Number 2836.
c;;1a<d71J 7 ( k
Cil:(9lerk /
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Ordinance Number 1,,111
EXHIBIT F
HISTORY OF HEARINGS AND P,ROCEEDINGS ON FIRST AMENDED AND
RESTATED DEVELOPMENT AGREEMENT
Citv Council Review of First Amended and Restated Development AQreement
A. City Council Public Hearing regarding Hellman Ranch First Amended and
Restated Development Agreement
1. City Council conducted a Public Hearing on the Hellman Ranch First
Amended and Restated Development Agreement on February 26, 2001.
2. At the conclusion of the Public Hearing on February 26, 2001, the City
Council introduced Ordinance No. 1471, An Ordinance of the City of Seal
Beach Adopting the First Amended and Restated Development
Agreement Between the City of Seal Beach and Hellman Properties LLC,
Regarding the Hellman Ranch Specific Plan, on a 5-0 vote.
3. Staff indicated the provisions of the "Vested Components" section had not
been reviewed by the City Engineer and that additional revisions may be
necessary.
B.
Staff and the project proponent have met and agreed upon the additional
revisions determined appropriate, and the City Attorney determined that is
necessary to re-introduce the implementing ordinance.
C. In accordance with the determination of the City Attorney, it is appropriate for the
City Council to hold first reading for re-introduction of Ordinance 1471.
D. City Council held first reading and re-introduced Ordinance No. 1471 on March
26, 2001. '
.... * .
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Ordinance
Number /1./1/
EXHIBIT G
FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT ORDINANCE
ORDINANCE NUMBER
AN ORDINANCE OF TI-IE CITY OF SEAL
BEACH ADOPTING THE FIRST AMENDED
AND RESTATED DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND HELLMAN PROPERTIES LLC,
REGARDING THE "HELLMAN RANCI-I
SPECIFIC PLAN"
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN:
Section 1. The City and Hcllman Properties LLC entered into a development
agreement pursuan/to Government Code Sections 65864 through 65fj69.5, and Ar/icle 27.5
of Chapter 28 of the Code of the City of Seal Beach, Califomia with respect to thaI certain
real property commonly known as the "Hellman Ranch Specitic Plan" area on October 27,
1997.
Section 2. Development of the original Hellman Ranch project npproved by
the City in 1997 could not proceed without a Coastal Development Permil ("COP")
issued by the California Coastal Commission ("CCC"). After approval of thc project by
the CCC, litigation was filed challenging the Commission approval of COP 5-97-367
(cases consolidated as "League for Coastal Protection et 0/. v. Cali(ol'l1ia Coastal
Commission") and a setllement agreement was eventually incorporated into the presiding
Courl's order for issuance ofa Writ of Manda Ie.
Section 3. The CCC responded to the Writ by approving on October II,
2000, issuance of an amended COP with conditions, COP 5-97-367-AI, providing
conditions of development of a project revised in accordance with the criteria established
in the Selllement Agreement.
Section 4.
summarized as:
TIle major project changes encompassed in CDP 5-97-367-A I are
o Elimination of the previously approved golf course and the establishment of
a ] DO-acre deed-rcstricted area for future wetland restoration, opcn spacc and
environmcntal education purposes;
o Elimination of all impacts to jurisdictional state and fedel'lll wetlands; and
o Elimination of development of visitor-selving commercial uses on the State
Lands Property.
o Establishment of a 25-year, deed-restricted area for future wetland
restoration, open space and environmental education purposes over the
remainder oil production areaupol1 cessation of oil production uses.
See/ion 5. A request has been received fi'om Hcllman Properties to amend the
Development Agreement (First Amended and Restated Development Agreement)
regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2,
ModificaHon of Development Agreement to Obtain Permits, etc. Said request is to
conform the Development Agreement provisions with the terms or the Selllcment
Agreement and Coastal Development Permit 5-97-367-A 1.
Section 6. TIle City Council held a properly noticed public hcaring regarding
the proposed development agreement amendments on Fcbl1lary 26, 200 [,
Section 7. The City Council previously certified a Final Environmental
Impact Report (FEIR) for the project in 1997. The previously cerl1fied FEIR was upheld
against legal challenge and has been fully considered by the city during its consideration
Ordinance Number /471
of this First Amended and Restatcd Development Agreement. There has been no new
information, as that term is defined by CEQA, brought forwmd by any party to these
proceedings to indicate that the previously certi ficd FEIR should be supplemented. In
lilct, substantial evidence in the record of these procecdings demonstrates that the impacts
of this project have been fully analyzed and in fact arc less severe than previously
disclosed. For those reasons, the previously certified FElR remains complete and legally
adequate, and this approval is fully within its scope. The C;ity Council's previous
findings and statement of overriding considerations are hercby incorporated herei"n by
this reference.
Section 8. Thc City Council hereby finds that the proposed devclopment I
agleement mnendment is consistent with the General Plan oCthe City of Seal Beach and the
Hellman Ranch Specific Plan.
Section 9. Based upon thc foregoing, the City Council heleby approves [he
'proposed developmcnt agreement amendment, titled "First Amended amI Restated
Development Agreement between the City of Seal Beach and Hellman Prope1ties LLC.
Regarding the "Hellman Ranch Specific Plan" incOll1orated by reference herein and
attached hereto as Exhibit "A" mld authorizes the Mayor to execute said development
agreemcnt on bchalf of the City.
Section 10. The time within which to challenge the subjccl development
agreement is governed by Govellullent Code Scction 65009.
PASSED, APPROVED AND ADOPTED by the City, Council of the City of Seal
IJcach at a meeting thereof held on the day of
, 200 I.
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Mayor
ATfEST:
Joanne M. Yeo, City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE ) SS
CITY OF SEAL BEACH )
1, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certifY that the
foregoing ordinance is the original copy of Ordinance Number on file in the office of
the City Clerk, introduced at a meeting held on the day of
2001 and passed, approved, and adopted by the City Council of the City of Seal Beach at a
meeting thereof held on the _ day of , 2001 by the following vote:
AYES: Councilmembers
NOES: Counci(members I
ABSENT: Councilmembers
ABSTAIN: Councilmembers
and do hereby certify that Ordinance Number has been published pursuant to the
Seal Beach City Charter and Resolution Number 2836.
City Clerk
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Ordinance Nlimber /.1/'71
EXHIBIT H
VESTED CqMPONENTS FOR
HELLMAN RANCH DEVELOPMENT AGREEMENT
A. General Plan. General Plan of Cily of Seal Beach dated as of October 1, 1997,
as amended by Resolutions 4563, 4564, 4565, 4566, 4567, 4568, each dated October
20,1997. Subject Property is designated for uses described in Specific Plan, referred to
in Section B. below.
B. Specific Plan. Specific Plan for Hellman Ranch approved as amended by
Ordinance 1420 of City Council adopted on October 27,1997, as administratively
revised by the City on May 5, 2000, to allow for minor adjustments in planning area
acreage, pursuant to Section 8.4.1 of the Specific Plan.
C. Zoning. Zoning Ordinance of the City of Seal Beach, as amended by Ordinance
1420, adopted on October 27, 1997. Subject Property is zoned for uses described in
the Specific Plan referred to in Section B. above.
D. Subdivision Map Approval Conditions. The conditions of approval imposed in
connection with approval of Vesting Tenlalive Subdivision Maps described as Tract No.
15402, approved by Resolution 4571 and Tract No. 15381, approved by Resolution
4570 of the City Council of lhe City of Seal Beach, daled October 20,1997.
E. Additional Approval Conditions. The following additional approval conditions
and requirements shall apply to development of the Subject Property, In certain cases,
the requirements specified below may be redundant with conditions that apply to lhe
Subject Property pursuant to the Specific Plan referred to in Section B. above and the
Tentative Subdivision Map approval conditions referred to Section D. above. In the
case of conflicl or inconsistency, the provisions below shall conlrol.
1. Off-Site Improvements Required To Be Constructed and Installed In
Conjunction With Development of Parcel 2 For Residential Purposes.
(a) Improvement Obligation. The Developer shall construclthe oft-
site improvemenls specified in subparagraph l(a)(1) through l(a)(5) below (the "off-Sile
Improvements") on the terms, conditions, and schedule specified therein. The
Developer may satisfy the conditions relating to the Off-Site Improvements by entering
into a Bonded Subdivision Improvement Agreement which (1) complies wilh
Government Code ~, 66499, and (Ii) is approved by the City.
(1) New sewer pump station in Lopez Drive (at location
shown on the Revised Site Plan). The sewer pump station shall have a capacity to
be determined by Developer and the City Engineer. Improvement shall be completed
and operational at or prior to time of issuance of first occupancy permit for a residence
on lots created on Parcel 2. Developer shall pay its fair share portion of the cost of
such improvement, and City shall payor cause others to pay the balance.
(2) Signal modification at intersection of Forrestal Drive and
Seal Beach Boulevard. Improvement shall be completed and operational at or prior to
time of issuance of first certificate of occupancy for a residence on lots created on
Parcel 2. Developer shall pay the cost of the improvement. All signal modification
improvements (in accordance with accepted traffic engineering principles) necessary to
provide proper entrance and exit controls to serve the proposed development shall be
in compliance with plans approved by the City Engineer, afler consullalion with
Ordinance Number /1)71
Developer, including, but notlimiled to: signal poles; foundalions; mast arms; conduit
and wiring; detector loops; signal controller interconneclions; and striping.
(3) Improve.ments to Lopez Drive right-of-way. Developer
shall pay the cost of the improvement on Parcel 5 bul shall have no liability for the cost
of any improvement between Parcel 5 and Seal Beach Boulevard along the boundary I
of the Boeing Property. The improvement shall be completed, or a performance bond,
leller of credil or other security acceptable to the City Attorney, in an amount to be
delermined by lhe City Engineer shall be accepted by the Cily on or before issuance of
a certificate of occupancy for the final residence constructed on the lots created on
Parcel 2.
(4) Improvements to Seal Beach Boulevard. The
improvements to Seal Beach Boulevard shall include (i) frontage landscaping, (ii)
undergrounding of all overhead ulililies, including SCE's 12 Kv powerlines, and (iii)
construclion of communily wall, sidewalk and monumentalion wall. The cost of these
Improvements is eslimated at approximalely Five Hundred Thousand Dollars
($500,000). Developer shall pay the full cost of the Improvements, the foregoing
statement of estimated costs not being a limitation. The Improvements shall be
completed and operational at or prior to lime of issuance of first cerlificate of occupancy
for a residence on lots created on Parcel 2. Covenants, condilions and reslriclions
shall impose upon the homeowner's association created among the owners of
residences on Parcel 2 the obligalion to maintain those portions of lhe foregoing
improvements that are not dedicated to and accepled by a public enlity.
(5) Improvements to Seal Beach Boulevard Median.
Developer shall contribule twenty-five percent (25%), but not 10 exceed One Hundred I
Thousand Dollars ($100,000) of the cost of a landscaped median in Seal Beach
Boulevard from Lopez Drive to Bolsa Avenue, which includes the cost of a sidewalk
along Seal Beach Boulevard from the southern boundary of the Property to Bolsa
Avenue. The eslimated cost of such work is $400,000. City shall use diligent efforts to
obtain grant funding to complele the improvements to which Developer's contribulioll is
10 be applied. In the event the City obtains grant funding that may be used fur 1I1e
median work conlemplated by this paragraph (5), Developer contribulion wi/I he
decreased (e.g., if City receives $100,000 in grant funds for the median, instead of
paying 25% of $400,000 ($100,000), Developer shall pay 25 % of $300,000 ($75,000).
(b) Transportation Impact Fees. In addilion to paying for the
improvements described in subparagraphs l(a)(2) through (5), inclusive, at DevelOper's
cost, and notwithstanding any other provision of this Agreement, Developer shall pay to
City all applicable City Transportalion Impact Fees required by Chapter 22B of the
Code of the City of Seal Beach, at the then-applicable rate, to assist in mitigating
trans porta lion impacts of the Project.
(c) Affordable Housing. In compliance with Government Cod6
Seclion 65590(d), Developer shall provide seven (7) housing unils that are affordable to
persons and families of very low, low, or moderate income on-site. City has determined
lhat providing such housing units on-site is not capable of being accomplished in a
successful manner within a reasonable period of lime, taking into account economic, I
environmental, social and technical factors. Therefore, Developer has been required to
pay an in-lieu affordable housing fee of fifty-three thousand seven hundred and fifty
dollars ($53,750), which has been paid by Developer and deposited by ,City into a
special fund to be used exclusively to increase, improve and preserve the community's
supply of low and moderate income housing available at affordable housing cost.
Payment in full of such fee fully satisfies and discharges Developer's obligalion 10
provide housing units pursuant to Government Code Seclion 65590(d).
3. Gum Grove Nature Park.
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Ordinance Number //1'7/
(a) Dedication. Gum Grove Nature Park ("Nature Park"), as shown on
the Revised Site Plan, shall be dedicated to City not later than lhe date when Cily
issues a residential building permit for conslruction on any lot on Parcel 2, subject to
and in accordance with all of the requirements of the COP Conditions.
(b) Condition of Title': Condition Subsequent. Tille to the Nature
Park shall be conveyed by grant deed in fee simple absolute, subject 10 a condition
subsequent allowing Developer to recover title if all or any portion of the Nature Park is
utilized at any time for purposes other than as a substantially unimproved public park,
based upon the existing grove of trees and related vegetation. Uses that shall trigger
t:16 Gondition subsequent s:',QII include, bul without limitation, (i) removal of trees from
tllb :>Jature Park to create 0..,,,,,, "rea other than as required for normal maintenance and
tree husbandry (including removal and replacement of diseased and dead trees), (ii)
creation of play areas or active recreation area (ball fields, tennis courts, etc.) wilhin the
Nature Park or any uses other than passive recreation, (iii) any residential uses, or (iv)
any commercial uses.
(c) Physical Condition. The Nature Park shall be transferred 10 City
ownership in ils current condition. Having leased the Nature Park since 1971, City is
fully familiar with its condition and agrees to accept the same "as is".
(d) Operation. The Nature Park shall be open to the public during
hours established by City, but not earlier than dawn or later than sundown of any given
day. The Nature Park shall be closed during the nighttime hours. City shall assume
responsibility for locking and unlocking the Park entry gate at Avalon Drive.
(e) Credit Against Open Space Dedication Requirements.
Dedication and conveyance of the Nature Park shall entiUe Developer to full credit for
all park dedication requiremenls under applicable City laws, ordinances, rules and
regulations including, but without limitation, fees levied in lieu of park dedication
requirements.
(f) Payment By Developer. From' and after dedication of the Nature
Park, Developer shall pay a total of Forty Thousand Dollars ($40,000) to City or lhe
Gum Grove Nalure Park Group, as determined by City, to be used for maintenance,
enhancement and other park related events. Payments shall be made in four
installments, Ten Thousand Dollars ($10,000) on the date of the dedication and Ten
Thousand Dollars ($10,000) each on the first, second and third anniversary dales of the
dedication.
(g) Reinterment. Gum Grove Nature Park may be used as a
reinterment site if determined appropriate by the most likely descendant of the
deceased and if human remains are discovered during development activity on the
balance of the Property. Developer shall be responsible for the cost and legal
compliance of any such reinterment. City shall cooperate with Developer and the "most
likely descendant" to the end that the handling of human remains encountered on the
Property is conducted expeditiously and in a manner that meels the needs of lhe
concerned parties.
(h) CDP Conditions. Gum Grove Nature Park is also subject 10
additional requirements concerning access, dedication and other requirements imposed
pursuant to the COP Conditions. All applicable improvements imposed pursuant to
Coastal Development Permit Amendment 5-97-367 -A 1, Special Condition 17, "Gum
Grove Park", and Special Condition 18, "Public Access Program", shall be completed
and accepted ,by the City in accordance with the provisions of the Coastal Development
Permit Amendment.
4. Reservation, For Wetlands Acquisition. A portion of. lhe Subjecl
Property as shown on the Revised Site Plan shall be restricted by appropriale deed
Ordinance Number 11/1 J
restriction for potential acquisition in accordance with the requirements of the Final COP
Conditions.
5. Development Plan F<<;Jr Lands Owned By The Redevelopment Agency
of the City of Seal Beach. The Parcel owned by Redevelopment Agency of City althe
foot of Lopez Drive (Parcel 5), as shown on the Revised Site Plan, shall b'e utilized for I
access (as the Revised Sile Plan and the Specific PIl;!n provide) and for other
compatible uses as determined by the City Engineer in consultation with Developer.
Developer shall have the right to approve any landscaping or improvements, prior to
their installation, located on Parcel 5. The Lopez Drive roadway connection to be
constructed on Parcel 5 shall be designed and conslructed to City's specifications by
Developer prior to the issuance by City of the first certificate of occupancy on Parcel 2.
If feasible (as determined jointly by the City Engineer and the civil engineer employed
by Developer), the sewer pump station provided fo~ in Paragraph 1 (a) above shall be
located on Parcel 5.
6. Construction: COP Conditions Control. Nolwithstanding anything to
the contrary contained in these Vested Componenls, the COP Conditions shall define
the limits of the right to improve and develop the Subject Property and the conditions
thereon. If any conflict arises belween the provisions hereof and the COP Conditions,
the COP Conditions shall control.
7. Water Quality Improvements: Long-Term Maintenance
Responsibilities. All applicable improvements imposed pursuant to Coaslal
Development Permit Amendment 5-97-367-A1, Special Condition 7, "Water Qualily",
Special Condition 20,-"Final Plans", and Special Condition 23, "Waler Quality", shall be
com pIe led and accepted by the City in accordance wilh lhe provisions of the Coastal I
Developmenl Permit Amendment. In addition, all applicable mitigation measures
approved by lhe City Council in Resolution No. 4562 shall be met. 1\ shall be the
responsibility of the Association established pursuant to approved CC&R's 10 maintain
all required water quality structures, except lhose slructures and facilities accepled by
lhe City, in a manner in compliance with the above-referenced conditions of the City
and California Coaslal Commission. .
'" '" * *
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PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident t)f the county afore-
said; I am over:: 'i:lge of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the .sEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
..?/I~/()/
all in the year 2001.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA.-,
this /9 ~ay of ~...b, 2001.
C".,
(_ _,c---
. Signat
PUBLICATION PROC SED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759.7726
Ordinance Number /47/
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
...............................................
...............................................
, . , , ," NOTlCE,OF PUBLIC HEARING , I
" , - - ." HELLMAN RANCH DEVELOPMENT . '
N(-,ICE IS HEREBY GIVEN Ihallhe CII:y COlmell of Seal Beach Will hold a pUblIC heanng on Monday.
February 26. 2001, at 7 00 p.m. in the City CounCil Cu.mbers. 211 Eighth Street. Seal Beach, to consld.
. . - , "er the following dem: .
, Agrllmlnt Ameadmenl 01.1 (fll"ll Amended lid R....1td D'~llopmllnl Allrelmlnl)
REDUEST: A f8quesl to amend the Development Agreement (First Amended and Restated Development
~JreganjIlllJIheHe/lm"'_hplJl5lJalltl./lewIopmenI__612, Moll/_
of Developmenl AgreemenllO 0111110 Pennlll, ele, The Hellman Ranch Development Agreement area
encompasses the Hellman Ranch, Stale Lands property,lhe Los AlamltOs Retarding BaSin, and Gum Grove
Nature Park The project area IS generally boonded by Seal Beach Boulevard on the east, the Manna Hill
subdMslon on the south, PacifIC Coast .Ughwa~ a~d the Haynes Cooling Channel In the WBSt, and the
~llnd "'loge sUbdMsIon m Ihe Illy" UlnU _, IIlIOing faejlly ard,lhe CIIy" SeoIIleoch PoIce ileparImerrt
and City Yard on the north :_ " . ,
Development of the originil project apPfoved by the City could not proceed WIthout a Coastal Development
Penmt (MCDpM) Issued by the California Coastal CommISsIOn Ldlgatlon was fded chal/englRg the Coastal
CommISSIOn approval 01 COP 5-97-367 ami a senlement agreement was eventually locorplH1tl!d urto the
.preslduiUCOOi1's oider fur ISSuance of ii WrIt of Mandate The Coastat CommfSS{Qn responded 10 the Wnr
by approvmg on October 11, 2000, ISSuance of an amended COP With condlllons, COP 5-97-367-A 1, pm-
vldlRg condltlo'!.S of developmBRt 01 I project revISed In accordance With Ihe Cnterla estabhshed In the
SetUement Agreement. . a ~
The major prOJeCl changh encompassed In COP 5-97-367-A1"are summerll8d as .
o Elimination 01 the Pfevtoustt approVed ooit course ind the eslablls~ment of a 100.acre deed.restrlCt
ed area lor luture wetland resloratlon,. ,
CI EhmlRatIon of a1llmpaCls to exf:!IIng wetlands .
CI ElImlnahon of deveJopment 01 vlSdOl-servtng commercial uses on the State Lands Property..
This 'request Rrst Amendl!d and Resta1ed oeveloPmenl Agreement IS Intended 10 conform the Devefopmenr
Agreement to lheterms of COP 5-97-367-A1; and man amandmenl:~ by Development Agreement
Section 61 2. Modlllelllon 01 D...lopmenl Agreement to O~lo Plnnltl, lie. -.. '
EHVlRDNMErfrAL REviEW: A'FmiI Envlronmentallmljlct Reprt (FEIR) was certlhed by the CIIy CounCll1
in'1991 and IS on,llIe althe Department 01 Development Services, 211 Ellh Street, The pr~vislons 01 the
First Amended and Restated Development Agreement Will have fewer Impacts than those anllclpated Inl
connection With the OrlglnBS ProjeCL The findings and the statement of overnchng considerations prevl-
oUSly adopted apply with equallolll to,the approval of,the First Amended and Restated Develppmentl
Agreement . ", . . ," .
CODE IECnoNs: Chapter 2a; MEIe 29 501 Die Code oIlhe c.tu dI Sl!lII8BarJL and Helman Ranch 0eveI0pnent
Agreement S 61,2, MadlllCllloe 01 DlVllopmlnl Agreemlalla Obllle Permlll, ele. '
APPUCAN1: Helman 'Propertiel'LLC OWNER: Hellman Properties LLC, . . ,
~At the abowf tmie and place all Interested persons rriIy be heard d so' desired If you chailenge the pro_
posed aebons In court, you may be luruted to raising only those ISSUes you or someone else raised at the
pubJlc hearing descnbed IR Ihls notlC8~ Of In wnllen correspondence dellV8r8d to Ihe City of Seal Beach
at,orpnorto,'the~bllchearlng. ..:'..", .' ~. ~
i DAlEO TH.IS 13.~day of FebrUlry, 2001. '. - ,~ .~ . . . ~. ~ . ~ .
JoanneM. Yeo,CltyClerk' ..-.... r " . '..... .' -. .-
. Published In lbe Seal Beach Sun Jownal, 02I15flOD1. "
'.
Ordinance Number 1t/11
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
3/~
all in the year 2001.
Proof of Publication of
I
...............................................
...............................................
I certify (or declare) under penalty of
perjury that the foregoing is true and
co rrect.
:'" .
, ':" SUMMAWI: :" '
:ORDINANCE NUMBER 1471
. FIRST AMENDEDlRESTA1t:D '
, DEVELOPMENT AGREEMEHT:
,.- HELU.lAN RANCH SPECIFIC _:'
OrdInBnce ~~4j"-Of ~e ~Ily
of Se..! Beach adop~.lh8 First
Amended - and Restated Develop-
ment Agreement between the CIty
_ at Seal Beach and Hellman Proper-
. lies LlC, with regard 10 the Hellman
. Ranch Specific Plan, the major pro..
.' J8CI: changes arB summ&nzed as 1)
" elimination ot'lhe previously
I, .-go/l......._Iho_
I Ifahment of. 100 acre deed restncI-
ed area fa; futur; ~da;d iiSi;a-
tlon, open'spaCe and environmental
education purposes, 2) e.llmlnatlo~
of a1llmpaclS to lunsdlctlonal state
and lederal wetlands. and"3) elimi-
nation of develoPment of Y1Sdor Berv-
Ing commerclall!,ses on the State
lar!dsproperty .' .
Oldlnance Number 1471 was conSId-
ered under pubbc hearlllg at the reg-
ular City Council meettng on Febru.
ery 28th and the intrOductIOn of prdl-
nance Number 1471 was approved
. bY the follOWIng vole .
'AYES: BoYd, Campbell, Doane, lar-
son, Vosl .. c
HOES: .~ '. I
MOTION CARRIED:
Ordinance Number 1471 Will recelY8 B
secOnd reading and be conSidered
for adoption at the regular Qly Cowl.
cll meeting of March 12th, 2001
Caples oftha.Ordlnance Number
.1471 are aVBllablefrom Ihe offtce of
. the City Clerk, City Hall: 211 8th
Slreet, Seal Beach; telephone (562)
431;2527. : I .
DATED THIS 27'"' day of February,
'2001. ' : ,OJ
J08MeM"V~ .. . I
City ClerIC '. ..
Publ.h8ct Ir1the Seal Beach Sun Jour-
nal, 03/08/2001. ' .', .. .
I
Dated at Seal Beach, CA,
this B day of ~A' ~ , 2001.
4~r
Signat
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
I
I
I
I
Ordinance Number I~"/
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter,
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
L.L/5
,
Proof of Publication of
...............................................
...............................................
. : SUMMARY:',
ORDINANCE NUMBER1471
... .FlRST AMENDED/RESTATED
'-, DEVELOPMENT AGREEMENT
Ordinance Number 1471_01 the City
of Seaf Beach'adopts the First
Amended and Restated Develop-'
mant Agreement between the Crty .
..ofSB8IBeach and Hellman Proper-
.lles LLC. relating to the Hellman
. Ranch Specific Plan. the major pro_'
-led changes are IUmmanzed as 1).'
-elimination of the prevIously
approved golf course and the estab-
lishment of a 100 acre deed restrlct-
. ad area lor future welland-resters-
.: lion, open space and envlronmental '
--8cfucallon purposes, 2) elimination
lot all Impacts 10 ,urlsdlctlonal state
. and federal wetlands, and 3) 811ml- -
nation of development of Ylsdor serv-
Ing commercial uses on the State
_Lands property.' ~
Ordinance Number 1471" waS r8lntro..
duciild-at the regular City Council '
meeting of March 26th and was
approved by the follQWlng vote'
AYES: Boyd, Campbell; Doane, lar-
son, Yost --
NOES: None, .
MOTION CARRIED, _
Ordinance NUrMer 1471 ';"11 reciwe a
second readmg anct be cansld,red.
, for adopllDn 81 tFle regular CdY Coon-'
. cll meeting of Apnl12th, 2001
_ Copies of the OrdInance Number
1471 are BYBllable from the Dna of
. the-City Clerk, City Hall, 211 8th.
"Street, Seal Beach; telephone (562)
431-2527 . " "
DATeD THIS 29'" day of March: 2001 ;
JoanneM Yea " , '
~ City Clerk -" '_-
'PubUsh9d In the Seal BeaCh Sun Jciur.
nal, O:Y05J20Q1' :.
.-. -' -," .
all in the year 2001.
I certify (or declare) under penalty of
perjury that the foregoing is true and
co rrect.
Dated at Seal Beach, CA,
this S day of ~/k.L' ,2001.
de
Sign e
PUBLICATION PRO ESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number 1~7/
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
Proof of Publication of
I
...............................................
...............................................
~~9
,
!' <' SUMMARY '-,-
ORDINANCE NUMBER 1471
FIRST AMENDEDIRESTATED
HEl:LMAN RANCH SPECIFIC PLAN
DEVELOPMENT AGREEMENT
011nance Number 1471 0' the City
o Seal Beach a'dopt, the First
- Amended Bnd Restated Develop.
o ~~I AgriH!ment between the City
. ~I Beach and Hellman Proper-
IIBS (Le. relating 10 the Hellman
Ranch SpecdJc Plan. the mSJor pro.
. ~J8CI Changes summarized as 1) elim-
ination of the Pl'9Vlously approved
. -golf course and the esiabllshmsFlt of
_ _a _ 1 OQ acre deed reslncted ates for
future wetland restoratIon, open
space and envIronmental education
purposes, 2) ellmllla1lOO of all Impacts
to JunsdlCllonal state and federal wet
_'" lands, and 3) elimInatIon of davs':
. opment of VISItor SEN'VIng commel'Clal
uses on the State lands property
,Ord~nance Number 1471 recelveCt
,second reading and was adopted at
. the regular City Council meeting of
April 9th by the following VOle
AYES: Boyd, Campbell, Doane. Lar-
, son, Yost
~ES: None - '
:M~nON- CARRIED. ..... ..
Copes of the Onirnance Number 1471
~ are available from the office of the
. CIty Clerk, ClIy Hall 211 8th SUeet
~SeaJ,~each, lelep~one (562) 431:-
I ~7" . '
I DATED !HIS 1D" de; of April, 2001
Joanne M 'Yea .. _
',CIlyClerk :" ,: .
Plib/,shed In u,. Seal b~:~h Sun- Jo
:~~I. 04119/2001-- . _::-'.: . ur-
," :~--~ - 'p ,
I
all in the year 2001.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this /9 day of o/~.
a-'
, 2001.
G
Sign
PUBLICATION PRO SSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
I