HomeMy WebLinkAboutCC Ord 1440 1998-11-23
ORDINANCE NUMBER I/~O
AN ORDINANCE OF THE CITY OF SEAL
BEACH ADOPl'ING A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND BIXBY RANCH COMPANY,
REGARDING THE' "BIXBY OLD RANCH
TOWN CENTER DEVELOPMENT PLAN"
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THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
Section 1. The City and Bixby Ranch Company desire to enter 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 "Bixby Old Ranch Towne
Center Development Plan ft area as revised by the City Council in accordance with General
Plan Amendment 98-1 and Zone Change 98-1, and more particularly described in the
proposed development agreement, attached hereto as Exhibit A.
Section 2. The City Council held properly noticed public hearings regarding
the proposed development agreement on November 9 and November 17, 1998.
Section 3. The City Council hereby finds that the proposed development
agreement is consistent with the General Plan of the City of Seal Beach, as amended, and I
the Bixby Old Ranch Towne Center Development Plan, as revised by the City Council.
Section 4. Based upon the foregoing, the City Council hereby approves the
proposed development agreement, incorporated by reference herein and attached hereto as
Exhibit. A. and authorizes the Mayor to execute said development agreement on behalf of
the City.
Section 5. The time within which to challenge the subject development
agreement is governed by Government Code Section 65009.
PASSED, APPROVED AND ADOPTED by the City ~ of the City of Seal
Beach neeting ~.Jeld on the ....-.., day of
'1H1b , 1998.
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Ordinance Number 1~.tIa
STATE OF CAUFORNIA }
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, d:;i;J'>y certify that
the foregoing ordinance is an original'copy of Ordinance Number j. (J on file in
the office of the City Clerk, in ced a a meeting held on the
If(rI1 day of , 1998, and passed,
approved an a4~ted by the City Coone' 0 at a meeting held on
the ~;'"L day of , 1998 by the following
vote:
AYES:
NOPS:
ABSENT:
ABSTAIN: Councilmembe
and do hereby further certify that Ordinance Number I~ has been published
pursu t to the Seal Beach City Charter and Resolution Number 2836.
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Ordinance Number I~~~
EXHIBIT "A"
BIXBY OLD RANCH TOWNE CENTER
DEVELOPMENf PLAN
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"Development Agreement and Amendment to
Memorandum of Understanding Dated July 14,
1997 - Bixby Old Ranch Towne Center
Development Project, November 23, 1998"
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Ordinance Number I'~~~
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
City of Seal Beach
Attention: City Manager
211 8th Street
Seal Beach, California 90740
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FREE RECORDING
GOVERNMENT CODE
SECTION 6103
DEVELOPMENT AGREEMENT
AND AMENDMENT TO MEMORANDUM OF UNDERSTANDING
DATED JULY 14,1997
by and between
CITY OF SEAL BEACH
and
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BIXBY RANCH COMPANY
November 23, 1998
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Ordinance Number ;'~t1
TABLE OF CONTENTS
1. RECITALS OF PREMISES, PURPOSE AND INTENT; DEFINITIONS I
1.1 Code Authorization 1
1.2 Statement of Benefits 1
1.3 Definitions 2
2. THE DEVELOPMENT AGREEMENT PROCESS 5
2.1 Public Hearings 5
2.2 City Council Findings 5
2.3 The Project 5
2.4 Project Approvals 5
2.5 Justifiable Reliance 6
2.6Project is Private Undertaking 6
2.7July 14, 1997 Memorandum of Understanding 6
2. 8 Tenn 7
3. DEVELOPMENT OF PROPERTY 7
3.1 Land Use Approvals and Covenants 7
3.1.1 Land Use, Densities and Intensities 7 I
3.1.2 Vesting of Rights 7
3.1.3 Subsequent Discretionary Approvals: Site Development Plan Review 9
3.1.4 Assignment by Owner 11
3.2 Public Improvements 11
3.2.1 Installation Obligations 11
3.2.2 City-Provided Utilities: Reservation of Sufficient Capacity 11
3.2.3 City-Provided Utilities: Nondiscriminatory Rates
and Provision of Service 12
3.2.4 EIR Mitigation Measures 12
3.2.5 Dedications and Reservations 12
3.2.6 Improvement Security/Insurance 16
3.2.7 Further Land Use Actions 16
3.3 Development Impact Fees 17
3.3.1 Applicable Fees and Assessments 17
3.3.2 Fee Credits 17
3.3.3 Business license Fees 17
3.4 Mortgagee Protection 17
4. GENERAL PROVISIONS 18
4.1 Approved Procedure; Recordation 18
4.2 Cooperation and Implementation 18 I
4.3 Enforceability 20
4.3.1 Default 20
4.3.2 Procedure Regarding Defaults 20
4.3.3 Annual Review 21
4.3.4 Institution of Legal Action 21
4.3.5 Remedies 22
4.4 Notices 23
4.5 Termination 24
4.6No Third Party Beneficiaries 24
4.7Time of Essence 24
4.8Modification, Amendment or Extension 24
Ordinance Number I'~~
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4.9 Operating Memoranda
4.10 Conflicts of Law
4.10.1 Conflict with State or Federal Laws
4.10.2 Cooperation in Securing Permits
4.11 Waiver
4.12 Successors and Assigns
4.13 Governing State Law ,
4.14 Constructive Notice and Acceptance
4.1S Statement of Compliance
4.16 Covenant of Good Faith and Fair Dealing
4.17 CoVCllJlllt of Cooperation
4.18 Further Actions and Instruments
4.19 Section Headings
4.20 Enforced Delay (Force Majeure)
4.21 Emergency Circumstances
4.22 Severability
4.23 Interpretation
4.24 Counterparts
4.2S Entire Agreement
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2S
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27
Ordin~nce Number J'~t'
EXlUBITS
Exhibit "A": Anticipated ~olf Course Configuration
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Exhibit "B": Old Ranch Tennis Club legal description
Exhibit "C": Property legal description [all property to be developed]
Exhibit "D": Area D [Residential Development and Park Facility]
Exhibit "E": Area A [2S acre retail/commercial center]
Exhibit "F": Area C [158 acre commercial recreational use]
Exhibit "0": Area B [8.57 acre hotel, etc., and 5 acre landscaping and street
parcel;
Exhibit "H": Description of Public Improvements
Exhibit "I": Mitigation Measures
Exhibit "J": Permissible encumbrances on Old Ranch Tennis Club
Exhibit "K": Permissible encumbrances on Area "A", "B" and "C" Oreen Belt I
Areas
Exhibit "L ": Location of Monument Signs
Exhibit "M": Pennissible Encumbrances on Monument Sign Easement Area
Exhibit "N": Location of Median LandsCaping
Exhibit "0": Dedication Requirements
Exhibit "P": Schedule of Existing Development Impact Fees
Exhibit "Q": Form of Drainage Easement
Exhibit "R": Architectural Theme
Exhibit "S": Location of Landscaping Oreen Belt in Areas "A" and "C" and
Form of Offer of Dedication
Exhibit -r Form of Quitclaim Deed (AFRC property)
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Ordlnance Number I'~~
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DEVEWPMENT AGREEMENT
BY AND BETWEEN
CITY OF SEAL BEACH
AND BIXBY RANCH COMPANY AND AMENDMENT
TO MEMORANDUM OF UNDERSTANDING
DATEDWLY 14,1997
THIS AGREEMENT is entered into as of the day of ,1998,
by and between the CITY OF SEAL BEACH, a municipal corporation, and BIXBY
RANCH COMPANY, a California limited partnership ('Owner").
1. RECITALS OF PREMISFS, PURPOSE AND INTENT; DEFINITIONS
1.1 Code Authorization
To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the Legislature
of the Slate of California adopted the Development Agreement Act which authorizes
any city to enter into binding development agreements establishing certain
development rights in real property with persons having legal or equitable interests in
such property. Section 65864 of the Development Agreement Act expressly provides,
in part, as follows:
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"The Legis1ature finds and declares that:
(a) The lack of certainty in the approval of development
projects can result in a waste of resources, escalate the cost
of housing and other development to the consumer and
discourage invesbnent in and a commibnent to
comprehensive planning which would make maximum
efficient utilization of resources at the least economic cost to
the public.
(b) Assurance to the applicant for a development project
that upon approval of the project, the applicant may proceed
with the project in accordance with existing policies, rules
and regulations, and subject to conditions of approval will
strengthen the public planning process, encourage private
participation in comprehensive planning and reduce the
economic cost of development ..
1.2 Statement of Benefits
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The parties hereto have determined that the Project is a development for which a
development agreement is appropriate. Development of the Project in accordance with
a development agreement will provide for the orderly development of the Property in
accordance with the objectives set forth in the General Plan. Moreover, a
development agreement for the Project will eliminate uncertainty in planning for and
securing orderly development of the Project, ensure attainment of the maximum
efficient utilization of resources within the City at the least economic cost to its
citizens, and achieve the provision of public services, public uses, uman infrastructure
and other goals and purposes for which the Development Agreement Act was enacted,
all in the promotion of the health, safety and general welfare of the City of Seal Beach
and its residents. In exchange for these and other benefits to the City, Owner will
receive the assurance that Owner may develop the Project during the term of this
Agreement, subject to the terms and conditions herein contained. City has undertaken
the nece.."'Y proceedings, has found and detennined that this Agreement is consistent
with the General Plan and has adopted Ordinance No. 1440 approving this Agreement.
Ordinance Number /#.0
However, in the event of any conflict between the provisions of the General Plan, the
Zoning Ordinance, or any other provision of the Code, and the provisioos of this
Agreement, the provisions of this Agreement shall prevail.
This Agreement does not (I) grant density or intensity in excess of that otherwise
established in the Project Approvals, (2) supersede, nullify or amend any condition
imposed in the Project Approvals, (3) guarantee to Owner any profits from the I
Project, (4) prohibit or, if legally required, indicate Owner's consent to, the Property's
inclusioo in any public financing district or assessment district, except as specified
herein, or (5) amend the General Plan.
City, as a result of the development of the Property in accordance with this
Agreement, will receive substantial benefits, including: commercial development of an
intensity and aesthetic quality desired by the community, additional employment
opportunities, improved traffic facilities, increased property and sales tax revenues, the
provisioo of public improvements of a type, size and capacity in excess of those which
would otherwise be required for development of the Property; reduction of the amount
of commercial development directly adjacent to residential uses within the City; the
preservation of open space from development for a specified term of years (30 years);
and the improvement and dedication of open space and provision to the residents of
City of desired recreational facilities which would not be provided in the absence of
this Agreement.
Because of the complexities of development of the Property, certainty in land use,
density and intensity to both the City and the Owner in the development process is an
absolute necessity. Development of the Property necessitates a significant commitment
of resources by Owner in order for such development to be completed successfully.
Accordingly, in return for the commitments contained herein, City desires to make a I
commibnent to the certainty of the development process for the Property, as further
refined by this Agreement.
In consideratioo of the subSlantial improvements and benefits to be provided by
Owner pursuant to this Agreement, in consideration of Owner's agreement to provide
certain recreational facilities as set forth in this Agreement, and in order to strengthen
the public planning process and reduce the economic costs of development, by this
Agreement, the City provides Owner assurance that it can proceed with the
development of the Property for the term of this Agreement pursuant to the land use,
density and intensity specified in the Zoning Ordinance, the Project Approvals and this
Agreement. Owner would not enter into this Agreement or agree to provide the public
benefits and improvements described in this Agreement if it were not for the
agreement of the City that the Property can be developed during the term of this
Agreement in accordance with the Zoning Ordinance and Project Approvals land use,
density and intensity except as expressly provided otherwise herein.
1.3 Definitions
For pUrposes of this Agreement, except as otherwise expressly provided or unless
the context otherwise requires:
1.3.1 "Applicable Rules" means the ordinances, resolutions, rules, regulations,
requirements and official policies of City in force as of the Effective Date governing
development agreements, permitted uses of the Property, parking, development
standards, density and building intensity, subdivision, zoning, grading, landscaping,
signage and design, improvement and construction standards and specifications
applicable to development of the Project, including, without limitation, designation of
the Property on the City's zoning map as C-2 zoning, and shall also include the Project
Approvals.
1.3.2 "Approval Ordinance" means Ordinance No. 1440, adopted by the City
Council of the City 00 November 23, 1998, approving this Agreement.
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Ordinance Number /~~O
1.3.3 "City" means the City of Seal Beach, California.
1.3.4 "Code" means the Code of the City of Seal Beach.
1.3.5 "CouncU" means the City Council of the City of Seal Beach.
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, 1.3.6 "Development Agreement Act" means Sectioos 65864, et seq., of the
California Government Code.
1.3.7 "Development Agreement Ordillllnee" means Article 27.5 of the Zoning
Ordinance.
1.3.8 "Development Impact Fees" means and includes all fees routinely
charged by the City and all development impositions routinely imposed by the City in
connectioo with the application, processing and approval or issuance of permits for the
development of plOpd'ty, including, without limitation: application fees; permit
processing fees; insPection fees; utility capacity fees; service or connection fees;
development impact or majOr facilities fees; park fees; flood cootrol fees;
environmental impact mitigation fees; affordable housing fees; and any similar
governmental fees, charges and exactioos required for the development of the Project.
Regulatory Fees (constituting the categories and types of fees and charges that are
limited pursuant to Section 3.3.1(2) and 3.3.1(3) of this Agreement) are the
Development Impact Fees which include all charges, levies and impositioos that are or
would be categorized as regulatory fees or as development impositions under
applicable law as of the Effective Date, in contrast with special taxes.
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1.3.9 "Director" means the Director of Development Services of the City.
1.3.10 "EfFective Date" means the date when this Agreement becomes effective,
as such date is defmed and set forth in Section 2.8.1 of this Agreement.
1.3.11 "EIR." means the Environmental Impact Report for the Project dated
September, 1998, prepared and certified under the provisioos of the California
Environmental Quality Act (Public Resources Code G 21000, et seq.)
1.3.12 "Genenl Plan" means the General Plan of City.
1.3.13 "Golf Course" means the Old Ranch Country Club golf course as
reconfigured to accommodate the Project pursuant to the Project Approvals. The
approximate anticipated configuration of the Golf Course is set forth in Exhibit "A"
hereto.
1.3.14 "Mortgagee" means a mortgagee ofa mortgage and a beneficiary under a
deed of trust.
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1.3.15 "Old Ranch Tennis Club" or "Tennis Club" shall mean that parcel of
land described on Exhibit "B" and all structures permanently affixed thereto.
1.3.16 "Owner" means Bixby Ranch Company and each of its respective
successors and assigns to all or any portion of the Property during such time as such
portion is subject to this Agreement. Bixby Ranch Company represents that it is the
1egal Owner of the entire Prop.;tty as of the date of adoptioo of the Approval
Ordinance.
1.3.17 "Prqjec:t" means the Property and the proposed development of the
PlopeIty described in Section 2.3 of this Agreement.
Ordinance Number I'~
1.3.18 "Prqject Approvals" means all City discretionary entitlements approved
for the development of the Project as of the date of adoption of the Approval
Ordinance, which approvals are as follows:
1.3.18.1 Council Resolution No. 4660, adopted on November 23, 1998,
certifying the Final Environmental Impact Report for the Project, adopting certain I
findings required by the California Environmental Quality Act, and approving a
Mitigation Monitoring Program;
1.3.18.2 Council Resolutions No. 4661 through 4666, adopted on November
23, 1998, amending the following elements of the General Plan: Land Use, Housing,
Circulation, Noise, Open Space/ConservationIRecreation, and Bikeways;
1.3.18.3 Council Ordinances No. 1436 through 1439, adopted on November
23, 1998, approving amendments to the City Zoning Map and Zoning Code as
required to effect the Project; and
1.3.18.4 This Development Agreement, approved by Ordinance No. 1440,
adopted on November 23, 1998;
1.3.18.5 Any lot line adjustment, parcel map, tentative subdivision map and
final subdivision map applicable to the Property and consistent with this Agreement.
Project Approvals also include amendments to any of the foregoing approved
by the City which are in compliance with this Agreement; and all conditions of
approval adopted by the City Council in connection with any of the foregoing.
1.3.19 "Property" means all real property which is subject to this Agreement. I
The Pr~t1 as of the Effective Date is described in Exhibit "C". For purposes of
reference in this Agreement, the ~ is divided into the following segments (from
north to south):
1.3.19.1 "Area n" means that 15.65 acre portion of the Property at the
northerly end of the Proydty upon which uses less intense than commercial/retail shall
be permitted as set forth in Section 3.1.1.1 of this Agreement. Area D is described in
Exhibit "D".
1.3.19.2 "Area A" means that 26 acre portion of the PIOpclty southerly of
Area D, fronting on Seal Beach Boulevard, and located north of Lampson Avenue
which sha1l be utilized for commercial purposes as set forth in Section 3.1.1.2 of this
Agreement. Area A is described in Exhibit "E".
1.3.19.3 "Area C" means that 157 acre portion of the Property located
southerly and easterly of Area A and north of Lampson Avenue which sha1l be utilized
for commercial recreational purposes as set forth in Section 3.1.1.3 of this Agreement.
Area C is described in Exhibit "F".
1.3.19.4 "Area B" means that portion of the Property at the south-easterly
comer of Seal Beach Boulevard and Lampson Avenue of which, subject to City
approval, the 8.57 developable acres sha1l be utilized for a commercial complex and
the remaining five (5) acres shall be utilized for the landscaped buffer, including a sign
of not more than 50 feet in height and 267 square feet on each face oriented towards
the freeway to identify the commercial center located on Area A, and possible street
and freeway widening as set forth in Section 3.1.1.4 of this Agreement. Area B is
described in Exhibit "0".
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Reference to the Propelty shaI1 mean and include reference to any portion of
the Property whether or not such portion is held in common ownership with the
remainder of the Property.
Ordinance Number ~~~G7
1.3.20 "Site Development Plan" means a site plan and description of proposed
uses for a parceI of Property submitted and processed in accordance with the
requirements of Section 3.1.3 of this Agreement.
1.3.21 "Term" means the term of this Agreement, as provided in Section 2.8.1 of
this Agreement. .
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1.3.22 "Vested Rules" means the Applicable Rules, the Project Approvals and
this Agreement collectively.
1.3.23 "Zoning Ordlnll....e.. means the comprehensive Zoning Ordinance of the
City, found in Chapter 28 of the Code of the City of Seal Beach as it exists on the
Effective Date.
2. THE DEVELOPMENT AGREEMENT PROCESS
2.1 Public Hearin~s
On September 9, October 21, and November 4, 1998, the Planning Commission of
the City, after giving notice pursuant to Sections 65854, 65854.5 and 65856 of the
California Government Code, held public hearings on Owner's application for this
Agreement. The City Council of the City, after providing public notice as required by
Jaw, similarly held public hearings on Nm-:ember 9 and November 17, 1998.
2.2 City Council Findim!s
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The City Council finds that review of the environmental impacts of the Agreement
and the Project Approvals has bet-n conducted in accordance with the provisions of the
California Fnvironmental Quality Act ("CEQA"; Public Resources Code f 21000 et
seq.) and the State and 10caI guidelines adopted thereunder, and the City Council has
given consideration to such environmental review prior to its approval of the
Agreement and Project Approvals and has undertaken all actions JItlC("~.ary to comply
with CEQA, including, but not limited to, adoption of a statement of overriding
considerations in connection with approval of the Agreement and the Project
Approvals, all as required by law. The City Council further finds that the Agreement
is consistent with the General Plan and all other applicable plans, policies and
regulations of the Citj of Seal Beach.
2.3 The PrQject
The Project consists of the development and construction on the Property pennitted
under this Agreement and the Project Approvals, which include, without limitation,
open space, residential, commercial and recreational development as approved by the
City and as more fully delineated in this Agreement.
2.4 Proiect Annrovals
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By Council Resolution No. 4660, the City Council certified the Final
Fnvironniental Impact Report for the Project, adopted certain findings required by the
California Fnvironmental Quality Act, adopted a Statement of Overriding
Considerations and approved a Mitigation Monitoring Program;
By Council Resolutions No. 4661 through 4666, the City Council amended the
following elements of the General Plan: Land Use, Housing, Circulation, Noise, Open
Space/Conservation/Recreation, and Bikeways;
By City Council Ordinances No. 1436 through'1439, the City Council approved
amendments to the City Zoning Map and Zoning Code as required to effect the
Project; and
Ordinance Number /.yI~~
By City Council Ordinance No. 1440, the City Council approved this
Development Agreement.
In addition, City has undertaken the 1IeCeooary proceedings, has made the findings
required by law, and has approved the Project Approvals.
2.5 Justifiable Reliance
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City acknowledges that, in investing money and planning effort in and to the
Project and all public improvements and dedication offers required hereunder, and in
undertaking commencement of the Project, Owner will be doing so in reliance upon
City's covenants contained in this Agreement and upon the enforceability of this
Agreement, and City agrees.that it will be reasonable and justifiable for Owner to so
rely.
2.6Project Is Private Undertalcin~
It is specifically understood and agreed to by and between the parties hereto that:
(1) the subject development is a private development; (2) except for the obligations of
the City described herein, if any, the City has no responsibilities for or duty to third
parties concerning any public improvement until such time and only until such time
that the City accepts the same pursuant to the provisions of this Agreement or in
connection with any subdivision map approval; (3) Owner shall have full power over
and exclusive control of the real property herein described subject only to the
limitations and obligations of Owner under this Agreement and the Project Approvals;
and (4) the contractual re1ationship between the City and Owner is such that Owner is
not an agent of the City nor is City an agent of Owner.
Notwithstanding the foregoing, nothing contained in this Agreement shall be
deemed to waive or modify any otherwise applicable obligations the City, acting in its
govemmetltal capacity and not as a party to this Agreement, may have to Owner or
any other party, under and in accordance with all applicable laws.
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2.7July 14. 1997 Memorandum ofUnderstandin~
Under a Memorandum of Understanding ("MOU") between City and Owner dated
July 14, 1997, Owner has previously paid City an amount sufficient to reimburse City
for all costs incurred by City in processing (i) Owner's applications for the Project
Approvals and (ii) this Agreement, except for those costs for which Owner has not
been billed. With respect to City's costs for which Owner is responsible under the
MOU, of which Owner receives notice after the adoption of this Agreement, Owner
shall pay such fees and costs within thirty (30) days after receipt of notice. Owner
shall be obligated to reimburse the City for such costs regardless of whether any part
of the Property is developed, and Owner's reimbursement obligation shall survive any
termination of this Agreement. Notwithstanding any provision to the contrary therein
or herein, it is the intent of the parties that the MOU shall remain in full force and
effect until the Effective Date, as that term is defined in Section 2.8 of this Agreement.
The first sentence of Section 12 of the MOU, which states:
"This Agreement [the MOU] shall terminate upon adoption
by the City of a development agreement for the proposed
project. "
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is hereby amended to read:
"This Agreement shall terminate upon the effective date of a
development agreement for the proposed project. "
Ordinance Number,l~l7
2.8Imn
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2.8.1 The Term of this Agreement (the "Term") shall commence upon the date
the Approval Ordinance becomes effective (the "Effective Date"), provided, however,
that (i) if the Approval Ordinance is made the subject of a referendum, the Effective
Date shall be the date when the referendum proceedings have been concluded by any
process which results in the Approval Ordinance becoming effective; and (il) if
litigatior! challenging the validity of this Agreement should be brought after the
effective date of the Approval Ordinance but within the statute of limitations, the
Effective Date shall be the date such litigation is concluded in a manner that pennits
the legal commencement of the parties' obligatioos under this Agreement. If the Term
has not commenced by the fourth (4th) anniversary date hereof, then this Agreement
shall have no further force or effect unless the parties extend the same by duly
executed written instrument. This Agreement shall remain in effect for ten (10) years
from the Effective ~ate, unless the Term is extended by duly adopted amendment
hereof or earlier tenninated in accordance with the provisions hereof.
Notwithstanding the foregoing, expiratioo or tennination of this Agreement
shall not affect any right vested under law independent of this Agreement, nor shall
any obligatioo or right established by this Agreement which pursuant to the terms
hereof extends beyond such ten (10) year term expire or tenninate until such time as is
established herein.
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2.8.2 The term of any parcel map, tentative subdivision map, or vesting tentative
subdivision map relating to the Property or any portioo thereof shall be extended
(pursuant to Government Code I 66452(a)) for the longer of: (i) the Term, or (ll) the
term of the particular map otherwise allowed under the Subdivision Map Act
(Government Code I 661 ]0, et seq.) and the City's Subdivision Ordinance.
3. DEVEWPMENT OF PROPERTY
3.] lJmd Use AnproVals and Covenants
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3.1.1 Land Uses. Densities and Intensities. The land uses, density of
development and intensity of development shall be as set forth in the Applicable Rules
and Project Approvals, except as specifically limited by the criteria in this Agreement.
3.1.1.1 Area D. Area D may be subdivided into not more than 90
parcels, of which not more than 75 parcels shall be residential lots, with the exact
number to be detennined at the discretion of the Owner, including a 2.5 acre park.
Uses on parcels within Area D shall be limited to the type of uses which are pennitted
by the Applicable Rules and generally and reasonably recognized to be of a lesser
intensity of use than retail/commercial uses as specified in the Project Approvals, so as
to provide a buffer bcitween Area A lIIld the existing residential uses adjacent to Area
D. In addition to su~ designated uses, the Planning Commission or City Council may
determine that any other use otherwise pennitted by the Applicable Rules is consistent
with this criteria or lMY be made consistent with this criteria by the imposition of
specific operating or construction conditions.
3.1.1.2 Area A. Area A may be subdivided into not more than 10
parcels, with the exact number to be detennined at the discretion of the Owner.
Parcels within Area A shall be used for retaiUcommercial uses as permitted under the
General Commercial - C2 designation of the Applicable Rules, provided, however,
that there shall be l"""ted in Area A a retail center with at least one tenant of sufficient
size and marketing area to serve as an "anchor" for the center. Said anchor shall
come from one or more of the following categories: appareUdepartment store, general
merchandising, home improvement, or supermarket, provided, however, that the
Planning Commission or City Council may detennine that any other category of use
otherwise permitted by the Applicable Rules will provide an adequate anchor to the
retail center. Development in Area A shall be consistent with the architectural theme
Ordinance Number J'~~
depicted on Exhibit "R". There shall be no access into the unincorporated community
of Rossmoor directly from the 26 acre shopping center driveway entrance at St. Cloud
Drive. Exiting movements from the retail shopping center at St. Cloud Drive shall be
limited to right and left turn movements only. Exiting the shopping center across Seal
Beach Bou1evard at St. Cloud Drive into the Rossmoor community will be physically
prohibited. .
3.1.1.3 Area C. Area C consists bf one parcel. Pursuant to Section
3.2.5.11 of this Agreement, Owner agrees to limit, for a period of thirty (30) years
from the Effective Date, uses on parcels within Area C to the following: commercial
golf course, public or private; golf course clubhouse; golf driving range and
appurtenant driving range uses; golf course maintenance operations; open space;
landscaping, and parking for golf course uses.
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3.1.1.4 Area B. Area B may be subdivided into not more than 5 parcels,
with the exact numbec to be determined at the discretion of the Owner. Uses on
parcels within Area B shall include a hotel and an assisted senior citizen living housing
structure. Other uses pennitted on parcels within Area B shall be compatible with the
hotel and aSsisted living structure, as determined in the reasonable discretion of the
developers or operators of said uses. In addition, there shall be located within Area B
a landscaped green belt, including a sign of not more than 50 feet in height and 267
square feet of sign area on each face oriented towards the freeway to identify the
commercial center )nt'Jllted on Area A, and possible street and freeway widening area
of approximately five (S) acres in the general location and shape shown on Exhibit
"0". In the event that the proposed Marriott Senior Care Center does not receive all
"""""'ary governmental approvals for the site, any substitute land use shall not be
more intense in tenDs of traffic and air quality impacts that would arise from such
senior care center use, as identified in the Bixby Old Ranch Towne Center EIR.
3.1.2 Vestin!: of Riihts
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3.1.2.1 Rieht to DevellW Pronerty, City agrees that during the Tenn of
this Agreement, Owner shaI1 have the right to develop and use the Property in
accordance with the land uses, densities and intensities, the zoning, and the
development standards, conditions and improvement requirements specified in the
Applicable Rules, the Project Approvals and this Agreement (collectively, the "Vested
Rules"), subject to Site Development Plan review in accordance with Section 3.1.3
hereof. Notwithstanding the foregoing, nothing in this Agreement shall be deemed to
obligate Owner to initiate or complete development of the Property or any portion
thereof within any period of time or at all unless specified herein.
3.1.2.2 Certain Chan!:es Prohibited Without Consent of Owner. Except as
otherwise provided in this Agreement, during the Term of this Agreement, the City
shal1 not, as to the Property, without the prior written consent of Owner: (a) change
the Vested Rules or anyone thereof so as to prevent or adversely affect development,
construction or operation of the Property in accordance with the Vested Rules; or (b)
apply to the Property any new or amended ordinance, resolution, rule, regulation,
requirement or official policy that is inconsistent with the Vested Rules, so as to
prevent or adversely affect development, construction or operation of the Property in
accordance with the Vested Rules; or (c) apply to the Property any new or amended
ordinance, resolution, role, regu1ation, requirement or official policy that requires
additional discretionary review or approval; or (d) apply to the Property any new or
amended ordinance, resolution, rule, regulation, requirement or official policy that
materially, adversely affects the timing or phasing of construction or development, or
which limits the availability of utilities or other infrastructure for the Property.
I
3.1.2.3 Rit:hts are Vested. Unless amended or terminated in the manner
specified in this Agreement (and subject to the provisions of this Agreement), Owner
shall have the rights and benefits afforded by this Agreement and this Agreement shall
be enforceable by Owner and the City notwithstanding any growth control measure or
Ordinance Number~~~
I
any development moratorium adopted after the Effective Date, or any change in the
applicable general or specific plans, zoning, subdivision or building regulations
adopted by the City which alter or amend the Vested Rules or the adoption of any new
or amended ordinance, resolution, role, regu1ation, requirement or official policy that
is inconsistent with the Vested Rules so as to prevent or materially adversely affect
development, construction or operation of the PIopetty in accordance with the Vested
Rules. This Section shall be construed to prohibit the City from applying to the
Property any dCvelopment moratorium that is adopted specifically to prohibit the
constroction of the Project, or as an interim measure pending contemplated general
plan, specific plan or zoning changes, or as a general growth control management
measure without other bona fide reasons relating to unforeseeable emergency
situations (as described in Section 3.1.2.5, below).
I
3.1.2.4 PreemDlion. Notwithstanding any other provision to the contrary,
nothing herein contained shall be deemed to prevent adoption and application to
improvements upon the Property of laws, ordinances, uniform codes, roles or
regulations pertaining to or imposing life-Safety, fire protection, mechanical, electrical
and/or building integrity requirements to the extent that such regu1ations apply
generally throughout the City. The City Codes that currently contain such laws and
regulations are (i) Uniform Building Code, 1994 Edition, as amended by Part 2, Title
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 Edition, as amended by Part 5 of Title 24, California Code of
Regu1ations; (iv) Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition; (v)
Uniform Housing Code, 1994 Edition; (vi) Uniform Code for the Abatement of
Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994 Edition; (viii)
National Eleclric Code, 1993 Edition, as amended by Part 3 of Title 24, California
Code of Regulations; (ix) Uniform Fire Code, 1994 Edition, including Appendices I-B
through V-A, VI-A, VI-E and VI-G thereof, except for Appendices ll-H and IV-A,
and including those amendments to that Code set forth in Title 24, California Code of
Regu1ations; (x) Uniform Solar Energy Code, 1994 Edition; (xi) Uniform Building
SecuritY Code, 1994 Edition; (xii) Uniform Adminisltative Code, 1994 Edition; and
(xiii) Appendix Chapter 1 of the 1994 Uniform Code for Building Conservation.
3.1.2.5 Reservation of Rjght to J\wly Certain Develllll'lent Moratoria and
Utility Service Limitations. Notwithstanding any provision to the contrary containedpherein, the City expressly reserves the right to apply to the Property any development
moratorium, limitation on the delivery of City-provided utility services, or other
generally applicable emergency role, regulation, law or ordinance: (a) which is based
on genuine health, safety and general we1fare concerns (other than general growth
management issues); (b) which ariseS out of a documented emergency situation, as
decJared by the President of the United States, Governor of California, or the Mayor
or City Council of the City of Seal Beach; and (c) based upon its terms or its effect as
applied, does not apply exclusively or primarily to the Property.
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3.1.2.6 Other Governmenta1 A,pprovals. The parties do not contemplate
that development of the Project pursuant to this Agreement shall be subject to the
approval of any other governmenta1 agencies.
3.1.2.7 PrQiect Phasing. Building permits for residential construction in
Area D shall not be issued by City until City's inspectors have approved interior lath
or drywall inspections for the commercial construction of Retail "A", Retail "B",
Retail "C", and Retail "D" structures in Develop~nt Area A.
3.1.3 Subsequent DiscretionlUY A,pprovals: Site DevelOl'ment Plan Review
3.1.3.1 Site Develqpment Plan AQlJroval ReQlIired. Owner shall be
required to obtain the approval by the City Planning Commission of a Site
Deve10pment Plan in accordance with the provisions of this Section for the
development of the Property and the issuance of all permits required therefor. The
Ordinance
Number /14
,
parties acknowledge and agree that the approval of a Site Development Plan and
issuance of pennits shall be subject to the Applicable Rules, the Project Approvals,
and any applicable laws in effect at. the time that an application is submitted for Site
Development Plan approval which are not expressly superseded by this Agreement.
3.1.3.2 ~nsibility of Owner, The obtaining of Site Development Plan
approval and all necessary pennits for the development of the Property, and I
complying with the conditions thCRlOf, shall be the sole responsibility of Owner.
3.1.3.3 Responsibility for Pl4yil\e Fees. Owner shall be responsible for
paying when due all Development Impact Fees in connection with the approval of a
Site Development Plan and issuance of pennits for the Property at the rates established
by this Agreement.
3.1.3.4 Auproval of Site Develqpment Plans. The City shall review and
approve, approve with conditions, or disapprove a proposed Site Development Plan
submitted pursuant to this Agreement in accordance with the procedures and times
established in Article 29 of the Zoning Ordinance, except as modified by this
Agreement. Once a Site Plan is approved by the City, it shall not subsequently be
disapproved by the City.
3.1.3.5 Standard of Review. The City shall have the right to disapprove or
condition approval of a proposed Site Development Plan provided, however, that in its
review and approval of Site Development Plans submitted pursuant to this Agreement,
the City shall be bound by, and shall not disapprove or condition a Site Development
Plan in a manner that is not consistent with the Applicable Rules and the Project
Approvals.
3.1.3.6 Reservation of Ri~t to Impose Certain Conditions. In connection
with the review of a Site Development Plan, the City shall have the right: (a) to
impose reasonable conditioos on development that are not inconsistent. with the
Applicable Rules and the Project Approvals, and provided such conditions do not
prevent or unreasonably affect development, construction or operation of the Property
in accordance with the Vested Rules; and (b) to impose reasonable conditions deemed
necessary by the City to mitigate environmental impacts identified in a subsequent or
supplemental environmental impact report or negative declaration prepared in
connection with a proposed Site Development Plan, which impacts could not
reasonably have been foreseen at the time of approval of this Agreement or are
, ,
otherwise required to be mitigated in accordance with a preemptive State law in effect
at the time of the Site Development Plan review.
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3.1.3.7 Effect of Site Develonment Plan Auproval for the Pronerty.
Following approval of a Site Development Plan for the Property, the City shall not
subsequently disapprove the building, grading and similar pennits necessary for the
development of the Property in accordance with such Site Development Plan, if the
final plans and specifications are consistent with the approved Site pevelopment Plan,
if Owner satisfies all applicable conditions for such permit as set forth in the
Applicable Rules, the Project Approvals, and the approved Site Development Plan,
and if Owner is not in default of this Agreement.
I
3.1.3.8 Construction to be Consistent with ADDroved Site Develonment
Eani. Owner shall constroct or cause to be constructed all improvements on the
Property in accordance with the approved Site Development Plan and permits. Such
Pan:el shall be developed as established in the Applicable Rules, Project Approvals,
and the approved Site Development Plan and related documents, except as changes
may be mutually agreed upon between the City and Owner. Any such changes shall
be within the limitations of the Applicable Rules and the Project Approvals.
3.1.3.9 Revisions Required by Other Governmental Aoprovals. If any
revisions or corrections of plans approved by the City shall be required by any
Ordinance Number 1#0
government official, agency, department or bureau having jurisdiction over the
development of the Property (except the City), Owner and the City shall cooperate in
efforts to obtain waiver of such requirements or to develop an acceptable alternative
that complies with such additional requirements.
I
I
3.1.3.10 Revisions Reql1ested b,y Owner. If Owner desires to make any
change in an approved Site Development Plan after its approval, such propOsed change
shall be submitted to the City for approval in accordance with this Section 3.1.3.
3.1.4 Assimment by Owner
I
3.1.4.1 Upon written notice submitted to the City not less than thirty (30)
days prior to each transfer or assignment, the rights and obligations of Owner as to the
Property under this Agreement may be transferred or assigned from time to time
during the Tenn of this Agreement, provided that such transfer or assignment is either
(a) made as part of a transfer, assignment, sale or lease of all or a portion of the
Property, or (b) pursuant to an assignment of a security interest in the Property or a
portion thereof to a Mortgagee as security for financing of the development and
operations of the Property or applicable portion thereof (including, without limitation,
any combination of piJrchase financing, construction financing, bridge loans, take-out
and pennanent financing). Any such transfer or assignment shall be subject to the
provisions of this Agreement and the controls and limitations contained herein. Any
such assignee or transferee (except the holder of a security interest prior to the time the
transfer pursuant to the security interest is effective) shall enjoy the rights of Owner
under this Agreement as such rights pertain to Property. Assignments or transfers
pursuant to a' security interest shall be effective at such time as the holder of the
security interest exercises any right to obtain fee title to the Property or portion thereof
by exercise of the security interest.
3.1.4.2 Concurrently with the submission of the notice of impending
transfer or assignment by Owner, Owner shall submit to the City (a) a fully executed
instrument, in form and content reasonably acceptable to the City, pursuant to which
the transferee expressly assumes and agrees for the bene1it of the City to perform the
obligations of Owner under this Agreement applicable to the Property being conveyed,
and (b) an acknowledgment, in form and content reasonably approved by the City and
executed by the tranSferee, pursuant to which the transferee acknowledges thai the
transferee has read and understands this Agreement and all of the provisions hereof.
The City agrees to consider the pre-approval of any form of proposed instruments
submitted by Owner pursuant to this Section 3.1.4.2 prior to the execution of such
instruments.
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3.1.4.3 In addition to the notice referred to above, Owner shall submit
written notice to the City imm..niate1y upon the consummation of any such transfer or
assignment and shall include in such notice a fully executed copy (showing all
recordation information for any recordable documents) of the instrument(s) by which
the transfer or assignment was effected. If a person or entity transfers or assigns its
entire interest in the Pro,..,ny or any portion thereof, such person or entity shall be
released from its obligations under this Agreement as to such portion of the Property
upon compliance with the provisions of this Section 3.1.4.
3.2 Public Im,provements and Utilities
3.2.1 In~tal1~tion Ohli~ations. The parties hereby agree that the obligations to
install public improvements and utilities nece.,ary for the development of the Property
shall be as set forth in the "Description of Public Improvements" attached to this
Agreement as Exhibit "H", except as set forth in ~tion 3.2.5 of this Agreement.
3.2.2 City-Provided Utilities: Reservation of Sufficient Canacity. To the extent
that it is within the control of the City, the City shall use its best efforts to ensure that
there shall be sufficient capacity, facilities and services with respect to City-provided
Ordinancen.~umb~r Jt./~LJ
utilities to complete c;onstruction on the Property and open the uses thereon to the
public. The City akrees that if limitat;ions in the provision of utilities become
necessary due to the existence of an emergency situation, they shall be applied only to
the extent neceooary to respond to such emergency, and shall not be applied against the
Property in a discriminatory manner.
3.2.3 City-Provi"....t Utilities: Nondiscriminatoc:y Rates and Provision of Service. I
The City agrees that rates and charges for City-provided utilities for the Property shall
not be set or imposed 'in a discriminatory manner, but shall be those rates and charges
that are or would be generally applicable to any user of a comparable quantity and
quality of the utility use in the City (i.e., any other entity whose use or consumption of
the utility is comparable to that of Owner), and that the City shall not discriminate
against the PlOpg1y in the provision of any City-provided utilities (such as pomble and
reclaimed water, sewer and drainage).
3.2.4 EIR Mitiption Measures. Owner shall at its own expense timely perfonn
all mitigation meas~ identified in Exhibit "I", attached hereto and incorporated
herein by this referenCe, except as set forth herein. Notwithstanding anything in this
Agreement to the contrary, City and Owner agree that all traffic impacts from the
Project identified in the EIR shall be completely mitigated by: (i) the traffic impact
fees paid by Owner to the City in the course of the development on the Property, (ii)
the traffic improvements Owner is required to complete pursuant to this Section 3.2,
and (ill) construction by Owner of the following signalization enhancements: (i)
adjacent to Area D, at Seal Beach Blvd. and Rossmoor Way; (ii) adjacent to Area A,
at Seal Beach Blvd. and St. Cloud, including a new signal at Seal Beach Blvd. at the
Home Savings building; (ill) modification to the signal at Lampson Ave. and
Basswood Street for re1ocated' access to the Old Ranch County Club; and (iv)
additional traffic control measures as requiIed by the City to mitigate. Such I
signalization enhancements shall be insta1led, completed and operating prior to the
earliest of the following events: issuance of any occupancy pennits; opening of the
driving range; re-opening of the golf course.
3.2.S Dedications. Reservations and Conditions of Develonment.
3.2.S.1 Old Ranch Tennis Club. Concurrently with the application for this
Agreement, Owner applied for a zone change to change the zoning designation of the
Tennis Club to Public Land Use/Recreation (pLUIR). Owner hereby offers to
dedicate the Tennis Club to the City at no cost to the City, in an "as is" condition,
subject only to those encumbrances of record set forth on Exhibit "J". Owner has
made no representations as to the condition of the Tennis Club as of the date of this
Agreement, nor shall this Agreement be deemed to impose any obligation on Owner to
maintain the Tennis Club in any particular condition. Upon acceptance of this offer of
dedication, Owner will also pay to the City the sum of One Million Dollars
($1,000,000.00). Such money shall be used for improvements that will benefit the
College Park East neighborhood, including but not limited to improvements related to
the Tennis Club property. This offer of dedication and payment shall begin on the
Effective Date and shall remain open for a period of five years, and may be accepted
by the City at any time after the Effective Date by sending written notice of such I
acceptance to Owner. I
3.2.S.2 Community Police Center. Owner agrees to set aside for the use of
the City sufficient land within Area A to accommodate a community police center and
other public uses, and to construct building shell improvements for such facility prior
to the issuance of any occupancy permits for the commercial development
contemplated for Area A. Such facility sha11 contain between 2200 and 2500 square
feet of usable space for City use. Any land and building shell improvements provided
to City by Owner pursuant to this subsection shall remain the property of Owner but
may be utilized by City at no cost to City for a period of thirty (30) years. In addition,
Owner shall provide to City a tenant improvement allowance of $20,000 for tenant
improvements, furnishings, and fixtures required to make such land or building shell
Ordinance Number /-sI~t'
I
improvements functional for use as a community police center and other public uses.
City shall be responsible for all maintenance of such land and improvements and for
all utility use at the community police center. This offer of use rights in land and
improvements shaII become effective on the Effective Date and shall remain in effect
for the Tenn of this Agreement. Should the City desire after thirty (30) years to
continue to utilize such land and improvements, Owner agrees to undertake good faith
negotiations with the City as to the appropriate rent for such land and improvements.
3.2.5.3 Green Belq.
3.2.5.3.1 Owner hereby offers to dedicate to the City for landscaping,
future freeway ramp widening and street widening, and to execute and record such
documents (whether covenants on title or otherwise) as are reasonably determined by
the City to be necessary to restrict development to landscaped green belt use, a tolal of
approxirnately five acres of land in Area B at no cost to the City, subject only to those
encumbrances of record set forth on Exhibit UK". The approximate location of the
land to be so dedicated or restricted in use is set forth in Exhibit uG", and includes
that strip of land adjacent to the I-40S northbound off-ramp right-of-way at Seal Beach
Boulevard as shown on Tentative Parcel Map 97-165. This offer of dedication and
land use restriction shall be effective for a period of 5 years after the Effective Date,
and may be accepted by the City at any time after the Effective Date by sending
written notice thereof to Owner. City understands and agrees that if it accepts this
offer of dedication, it shall obtain the five acre green belt parcel in "as is" condition as
of the date of acceptance of the offer, and that Owner has made no representations as
to the condition of such land as of the date of this Agreement, nor shall this Agreement
be deemed to impose any obligation on Owner to maintain such land in any particular
condition, except as may otherwise be required by the Project Approvals.
I
3.2.5.3.2 Owner hereby off~ to dedicate to the City for landscaping,
and to execute and record such documents (whether covenants on title or otherwise) as
are reasonably deten1rlned by the Cit)l to be necessary to restrict development to
landscaping, a forty (40) foot wide area along that portion of Seal Beach Boulevard
immediately adjacent to the westerly boundary of Areas A and C at no cost to the
City, subject only to those encumbrances of record set forth on Exhibit "K". The
approximate location of the land to be so dedicated or restricted in use is set forth in
Exhibit "S". This offer of dedication and land use restriction shall be effective for a
period of 5 years after the Effective Date, and may be accepted by the City at any time
after the Effective Date by sending written notice thereof to Owner. City understands
and agrees that if it accepts the offer of dedication, it shall obtain this landscaping area
in Uas is" condition as of the date of acceptance of the offer, and that Owner has made
no representations as to the condition of such land as of the date of this Agreement,
nor shall this Agreement be deemed to impose any obligation on Owner to maintain
such land in any particular condition, except as may otherwise be required by the
Project Approvals. Prior to the issuance of any building pennits for the commercial
development contemplated for Area A, Owner shall submit a landscaping plan for City
review. Prior to the issuance of any occupancy permits for the commercial
development contemplated for Area A, Owner shall have a City-approved landscaping
plan and shall install any landscaping required by the plan at its sole cost and expense.
Further, Owner shall construct at its sole cost and expense, prior to the issuance of any
occupancy permits for the commercial development contemplated for Area A, a twelve
(12) foot wide bike path/sidewalk within this landscaped area along its entire length, at
a location to be determined by the City. Such path/sidewalk is subject to City design
approval.
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3.2.5.4 Monument Sims. Prior to the Effective Date, Owner shall grant to
the City easements over those portions of the Property described, in Exhibit uL" to, be
used for the installation and maintenance of two (2) City/community identification
monument signs, one each on the north and south sides of Lampson Avenue at the
Seal Beach Boulevard intersection. Such grant shall be subject only to those
encumbrances of record set forth on Exhibi~ uM". Owner shall construct the
Ordinance Number
/4~
.
monument signs for the City at Owner's own cost and expense in accordance with
design and material guidelines provided to Owner by the City. Upon completion of
each sign, the City shaII accept ownership of the sign. The City agrees to indemnify
and defend Owner and its officers, agents and employees from any and all liability
arising from the City's use of the easements granted hereunder. City understands and
agrees that Owner has made no representations as to the condition of such land, nor
shall this Agreement be deemed to impose any obligation on Owner to maintain such I
land in any particular condition, except as may otherwise be required by the Project
Approvals. Notwithstanding any other provision in this Agreement, Owner shall be
responsible for all maintenance of the sign and landscaping within each respective
easement area, except major repairs of the signs.
3.2.5.5 Median Landscl\Ping. Prior to the issuance of any occupancy
permits for any uses contemplated for Areas A, D or C, Owner shaII at its own cost
and expense construct median landscaping at the locations indicated in Exhibit "N"
within the existing public right-of-way along Seal Beach Boulevard between Lampson
Avenue and Rossmoor Way in accordance with design and material guidelines
provided to Owner by the City.
3.2.5.6 Maintenance of LandSClUling. Unless otherwise indicated herein, all
the landscaping and signage referenced in 3.2.5.3 through 3.2.5.5 shall be and remain
the prop.:;.ty of the City, and the City shall be responsible for all maintenance thereof.
To fund such maintenance, the City may establish one or more landscape maintenance
distri~. Should City detennine to establish one or more landscape maintenance
districts for such landscaping, (i) Owner agrees not to protest the establishment of any
such maintenance district, and (ll) City agrees that as a condition of approval of any
major expansion or redevelopment of the Rossmoor Center, City shall require the
Owner of the Rossmoor Center to participate in the maintenance district established to I
maintain the median landscaping described in Section 3.2.5.5, with the assessment for
such landscape maintenance subsequently imposed upon the Rossmoor Center to be in
an amount proportionate to that imposed on the Property, as pennitted by law.
. 3.2.5.7 Lamn.um Avenue Enhancements. Owner agrees to make the
following improvements along Lampson Avenue to improve the gateway into the
College Park East community:
(1) Owner shall construct at its sole cost and expense a twelve (12) foot
wide bike path/sidewalk within public right-of-way adjacent to Lampson Avenue
between Seal Beach Boulevard and Basswood Street at a location to be determined by
the City. For the purposes of such bike path/sidewalk, Owner shall offer to dedicate
to the City a right-of-way easement of sufficient width to accommodate such twelve
(12) feet wide bike path/sidewalk on property which Owner owns at such location.
Such pathlsidewalk is subject to City design approval. City understands and agrees
that if it accepts the offer of dedication, it shall obtain the right-of-way easement in "as
is" condition as of the date of acceptance of the offer, and that Owner has made no
representations as to the condition of such land as of the date of this Agreement, nor
shall this Agreement be deemed to impose any obligation on Owner to maintain such
land fu any particular condition, except as may otherwise be required by the Project I
Approvals. City shall provide adequate right-of-way and construction easements as
I'eCeSsary to accomplish construction of the bike path/sidewalk along those portions of
Lampson Avenue between Seal Beach Boulevard and Basswood Street which are not
owned by Owner.
(2) Bixby Ranch Company shall relocate the main access to the Old
Ranch County Club from its current location on Lampson Avenue to the signalized
intersection of Lampson Avenue and Basswood Street. In connection with such
relocation, Bixby Ranch Company shall at its own cost and expense restripe that
portion of Lampson Avenue to widen the bike lane in front of the club house at the
Old Ranch County Club and provide all necessary signal improvements, in accordance
with plans and specifications submitted to City by Owner and approved by the City.
Ordinance Number I'~~~
I
(3) Bixby Ranch Company shall at its own cost and expense enhanCe
the entire southern edge of the Golf Course along Lampson Avenue with new
landscaping and new fencing, the materials and design of which shall be at the sole
discretion of Bixby Ranch Company, and in compliance with the Applicable Rules. In
undertaking such work, Bixby Ranch Company shall attempt to provide view corridors
from the public right-of-way into the Golf Course whenever practical.
(4) Bixby Ranch Company shall at is own cost and expense improve
the street drainage along Lampson Avenue by designing and constructing a minimum
of three additional catch basins to be located in the right-of-way between Seal Beach
Boulevard and Basswood Street. The number of required catch basins will be
determined by the City. City shall review and approve the designs for such catch
basins prior to their construction.
(5) Bixby Ranch Company shall pay the City $35,000 for the purpose
of removing the block wall located on the north side of Lampson Avenue between
the Western Education Building and Parkwood, 'and to improve the landscaping in
that same area.
(6) Bixby Ranch Company shall repair the wall and improve the
landscaping to the City's satisfaction in the area between the Lampson Avenue
curve and Heather.
(1) Bixby Ranch Company shall instaIllandscaping to the satisfaction
of the City on both sides of Lampson A venue along the new location of the driving
range.
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(8) The location of the access to the driving range shall be acceptable
to the City.
3.2.5.8 Water Retention R~.in. In reconfiguring the Golf Course,
Bixby Ranch Company shall provide for an additional thirteen percent (13%) to fifteen
percent (15%) capacity in the flood retention easement located in Area "C" over and
above the capacity that would otherwise be required by Orange County Flood Control
District enginee,ring ~uirements for' the proposed land uses draining into such basin.
In addition to its execution of this Agreement, Bixby Ranch Company shall execute
and record an Amendment to Easement Deed, substantially in the form attached hereto
as Exhibit "Q", which shall amend that certain Easement Agreement granted by the
Fred M. Bixby Ranch Company to the City recorded April 7, 1967, as Instrument
No.3790 in Book 8i19, pages 920-926 of the Official Records of the County of
Orange) to evidence the flood retention easement established by this Section 3.2.5.8.
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3.2.5.9 Storm Drain. Owner shall at its own cost and expense construct
that portion of City's Long Range Storm Drain Improvement Plan intended to
evacuate the water flow from the College Park East Area down Basswood Street on to
Area "C" at a higher rate of speed than currently exists. In order to alleviate debris
blockage, Owner shall at its own cost and expense construct on-site catch basins each
with an inlet capacity twenty-five percent (2S %) greater than the standard as set forth
in the most recent edition of the "Orange County Local Drainage Manual".
3.2.5.10 Water WelI Site. Owner agrees to set aside for the use of the City
sufficient land within Area "C" to accommodate a new water well. Any land
provided pursuant to this section shall be made available at no cost to the City;
provided, that nothing in this offer shall be deemed to place upon Owner any
ob1igation or duty to provide any improvement to or furnishings or fixtures required to
make such land functional for use as a water well. This offer to license the use of
Owner's land shall begin on the Effective Date and shalJ remain open for a period of
ten (10) years from the Effective Date, and may be accepted by the City at any time
after the Effective Date by sending written notice of such acceptance to Owner. The
Ordinance Number ,1~"
City agrees to indemnify and defend Owner and its officers, agents and employees
from any and all liability arising from City's use of the license for water well use
granted hereunder. The license to mainlain the water well upon the Property shall be
effective upon acceptance and shall remain effective for thirty (30) years. Should the
City desire after the expiration of said period to continue to utilize such land for such
purposes, Owner agrees to undertake good faith negotiations with the City as to the
appropriate rent for such land.
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3.2.5.11 Restriction of Use - Area C. Owner agrees for itself and its
sllccessors and assigns in Area C that for a period of not less than thirty (30) years
from the Effective Date, use of Area C shall be restricted to the following uses:
commercial golf course, public or private; golf course clubhouse; golf driving range;
golf course maintenance operations; open space; landscaping; water well; water
retention; and parking for golf course uses. In addition to its execution of this
Agreement, Owner agrees to execute and record such documents (whether covenants
on tide or otherwise) as are reasonably detennined by the City to be necessary to
evidence the restriction on use of Area C established by this Section 3.2.5.11.
3.2.5.12 Reservations or Dedir.llnons for Other Public Imnmvements. In
addition to those reservations or dedications established by Sections 3.2.5.1 through
3.2.5.11 of this Agreement, the portions of Property to be reserved or dedicated for
other public purposes pursuant to this Agreement, if any, shaIl be that property
described as set forth in Exhibit "0", attached hereto and incorporated herein by this
reference. Unless otherwise indicated herein, the property described in Exhibit "0"
shaII be dedicated by Owner not later than the issuance of a building permit for that
portion of the Ptopeaty upon which the dedicated land is located. The City shall take
such actions as may be necessary to vacate any prior dedications, offers to dedicate
and grants of easements that are no longer necessary for the development of the
Project in accordance with this Agreement. The parties understand and agree that
minor changes, modifications or adjustments to the dedications described in Exhibits
"L" and "0" and additional minor dedications may be required as the result of Site
Development Plan review for Property, provided any such changes are consistent with
the Applicable Rules and the Project Approvals, and shall not constitute an amendment
to this Agreement. '
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3.2.5.13 Ouitclaim any Inten:st in Los Alamitos Armed Forces Reserve
Center. Prior to the issuance of building permits for development in Development
Areas A and B, Owner shall execute a quitclaim deed, in a form substantially similar
to that attached hereto as Exhibit "T", acceptable to the City, conveying, transferring
and granting all Owner's interest, including, but not limited to any reversionary rights,
that Owner may have in and to the property commonly known as the Los Alamitos
Anned Forces Reserve Center (AFRC). Owner shaII execute a document in a form
acceptable to the City agreeing that it wiIl not offer to buy the AFRC property or any
portion thereof for thirty (30) years after the Effective Date of this agreement.
3.2.6 Improvement SecuritylInsurance. As a condition of approving a final
subdivision map or any future subdivision for all or a portion of the Property, the City
may require the furnishing of appropriate and reasonable improvement agreements and I
security pursuant to c;aIifomia Government Code Sections 66462 and 66499, et seq.
Nothing in this Agreement shall be construed as altering or relieving Owner of any
obligation imposed pursuant to Government Code Section 66462. If the improvements
are financed by an assessment district or community facilities district, the
improvement security, may be released in accordance with Government Code Section
66495.5 or similar provisions. .
3.2.7 Further Land Use Actions. The parties acknowledge that subdivision and
parcel maps, boundary line adjustments or similar modifications may be necessary in
the future and are contemplated by this Agreement provided any such changes are
consistent with the Applicable Rules and the Project Approvals, and shall not
constitute an amendment to this Agreement.
Ordinance Number ~~~t'
3.3 Development Impact Fees:
3.3.1 Applicable Fees and ASlle.'sments.
I
Owner shall pay to City all applicable Development Impact Fees regularly
chaJged by the City to developers, subject to the following limitations.
(1) Development Impact Fees which consist of application and processing fees
shall not excP<<! those in place as of the Effective Date, provided that such fees may be
increased from time to time to reflect any changes in the actual costs incurred by City
in processing applications or managing such process;
(2) Regulatory Fees sha1I be limited to the categories and amounts in effect on
the Effective Date, except that Regulatory Fees may be revised in proportion to
changes in either (a) the United States Depimment of Labor, Bureau of Labor
Statistics Consumer Price Index (all Urban Consumers), or (b) such other index used
by the City as a fair indicator of fluctuations of the costs in question from the fourth
anniversary of the Effective Date until the date of such new fee setting (the foregoing
not to be construed as authorizing creation of any new categories of fees that apply to
the PIOl'"'lty or the Project, except as provided in Section 3.3.1(3) below); and
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(3) No new Regulatory Fee may be imposed on all or part of the PJOj)<;dy or
development thereof unless (i) it applies on a City-wide basis and is not limited to the
Property or any part thereof; (Ji) the amount chaJged for such new Regulatory Fee has
been detennined in accordance with all applicable law and is based upon evidence that
said amount is "Peessary to mitigate public health and/or safety impacts directly caused
by the development against which the Fee is imposed; and (iii) Owner shall be entitled
to credit for fees paid and the value of work perfonned prior to the enactment of such
Regulatory Fee requirement where such fees or work deal with or pertain to the same
subject matter.
(4) Attached hereto as Exhibit uP" is Resolution No. 4650, setting forth the
City's comprehensive:fee schedule as of July 28, 1998.
3.3.2 Fee Credits. In addition to credit for prior fees paid and/or work
perfonned under Section 3.3.1(3) above, Owner shall be eligible to receive any fee
credits to which it may be entitled under the terms of the applicable City ordinance
creating any fee applicable to the Property. Other than the foregoing, Owner shall not
be eligible for any fee credit under this Agreement as a result of the dedication of
property, construction of improvements, or any othe~ action by Owner.
3.3.3 Business License Fees. None of the foregoing limitations shall apply to
business license fees lawfully levied and collected in a non-discriminatory manner on a
City-wide basis.
3.4 Mort~al!ee Protection
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3.4.1 The parties hereto agree that this Agreement shall not prevent or limit the
right of Owner at its sole discretion, to encumber the Property or any portion thereof
or any improvement thereon by any mortgage, deed of trust or other security device
(collectively "Mortgage") securing financing of the purchase, development or
operation of the Property or any portion thereof (including any combination of
purchase financing, construction financing, bridge loans, ta1ce-out and pennanent
financing), as provided in this Agreement, wherein such Mortgage financing is (i)
originated by a bank, insurance company, other institutional lender, and (ll) such
lender is unrelated to and unaffiliated with the Owner; provided, however, that any
such Mortgage shall be subordinate to this Agreement, and provided further that if any
portion of the Propc.1y is to be dedicated or transferred to the City pursuant to this
Ordinance Number I'~"
Agreement, then such Mortgage shall not encumber the portion of the property to be
dedicated or transfem.d to the City.
3.4.2 The City acknowledges that prospective lenders providing such financing
may request certain interplellttionS and modifications of this Agreement, and agrees
upon request, from time to time; to meet with Owner and representatives of such
lenders to discuss in good faith any such request for interpretation or modification. I
City shaII not unreasonably withhold its consent to any such requested interpretation or
modification which the City detennines is consistent with the intent and purposes of
this Agreement and protects the interests of City under this Agreement. Any
Mortgagee of Property shaII be entitled to the following rights and privileges:
Neither entering into this Agreement nor a breach of this Agreement shall defeat,
render invalid, diminish or impair the lien of any Mortgage made in good faith and for
value.
If City timely receives a request from a Mortgagee requesting a copy of any notice
of default given to Owner under the term of this Agreement, City shall provide a copy
of that notice to the Mortgagee within ten (10) days of sending the notice of default to
Owner, as the case may be. The Mortgagee shall have the right, but not the
obligation, to cure the default during the remaining cure period allowed such party
under this Agreement.
Any Mortgagee who comes into possession of the Property, or any part thereof,
pursuant to foreclosure of the mortgage or deed of trust, or deed in lien of such
foreclosure, shalI take the Property, or part thereof, subject to the terms of this
Agreement; provided, in no event sh~ any such Mortgagee or its successors or
assigns be entitled to a building permit or oecupancy certificate until all fees and other
obligations due by Owner under this Agreement have been performed and/or paid to
the City; all defaults have been cured, and all otherwise applicable conditioos to such
permit or certificate have been satisfied.
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4. GENERAL PROVISIONS
4.1 ApJ)rovaI Procedure: Recordation. The following procedure shall govern approval
of this Agreement (which shall precede the executioo hereof by the City):
Prior to City Council approval of this Agreement Owner shall execute this
Agreement; provided, however, that Owner shall have the right within 90 days of the
Approval Date to withdraw its execution should it determine in its sole discretion that
the terms and conditions contained in the Project Approvals render the development of
the Property in accordance with this Agreement uneconomic. Upon such withdrawal
of the Owner's signature, the Project Approvals shall have no further force or effect.
Notwithstanding the foregoing, Owner shall have no right to withdraw its execution if,
after the Approval Date, Owner takes any affirmative step to avail itself of the benefits
of this Agreement or to implement the Project Approvals.
City Council shall undertake all necessary proceedings to consider this
Agreement in accordance with the procedures established by Article 27.5 of the I
Zoning Ordinance. Approval by the City shall be by adoption of the Approval
Ordinance.
As provided in Section 65868.5 of the Development Agreement Act, the City
shall cause a copy of this Agreement to be recorded with the County Recorder within
ten (10) days following the Effective Date. Any recording costs shall be paid by
Owner.
4.2 COQperation and Implementation
Ordinance Number ~~~~
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4.2.1 City represents that it will cooperate with Owner to the fullest extent
reasonable and feasible to implement this Agreement. Upon satisfactory completion
by Owner of all of its preliminary actions and payments of appropriate fees, City shall
promptly commence and diligently proceed to complete all steps necessary for the
implementation of this Agreement and the development of the Property in accordance
with the tenns of this Agreement, including, but not limited to, the processing and
checking of any and all Project Approvals, agreements, covenants and related matters
required under the conditions of this Agreement, building plans and specifications, and
any other plans necessary for the development of the Property, requests for inspections
and certificates of occupancy, filed by or on behalf of Owner. Owner shall, in a
timely manner, provide City with all documents, plans and other infonnation
,......,sary for City to carry out its obligations hereunder.
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4.2.2 If any legal action or other proceeding is instituted by a third party or
parties, other governmental entity or official challenging the validity of any provision
of the Project Approvals, of the FEIR, or of this Development Agreement, Owner and
City shall cooperate in defending any such action. City shall notify Owner of any such
lega1 action against City within ten (10) working days after City receives service of
process, except for any petition for inj unctive relief, in which case City shall notify
Owner immediate1y upoo receipt of notice thereof. Owner shall indemnify, hold
hann1ess and defend City, and any of its officers, employees or agents for any claim
or lawsuit brought to challenge the validity or enforcement of the Project Approvals,
the FEIR, or this Development Agreement, instituted by a third party or another
governmental entity or official; provided, however, that if City fails promptly to notify
Owner of any legal action against City, or if City fails to cooperate in the defense,
Owner sha11 not thereafter be responsible for City's defense. Owner shaI1 reimburse
all of City's defense costs including, without limitation, court costs, attorneys fees and
expert witness fees. Owner sha11 promptly pay all monetary awards, judgments,
verdicts, court costs and attorneys fees that may be awarded in such action. City shall
be entitled to select counsel to conduct its defense in any such action; provided,
however, that City shall instruct such counsel to cooperate with Owner as provided in
this Sectioo IV(B)(2).
14.2.3 The filing of any lawsuit(s) by a third party (not a party to this Agreement)
after the Effective Date against City and/or Owner relating to this Agreement or to
other development issues affecting the Project shall not delay or stop the processing or
issuance of any permit or authori7ation neceOOgry for development of the Project,
unless the City in good faith determines that such delay is legally required.
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4.2.4 To the fullest extent permitted by law, Owner hereby agrees, at its sole
cost and expense, to defend, protect, indemnify, and hold harmless the City and its
elected officials, officers, attorneys, agents, employees, volunteers, successors, and
assigns (collectively "Indemnitees") from and against any and all damages, costs,
expenses, liabilities, claims, demands, causes of action, proceedings, expenses,
judgments, penalties, liens, and losses of any nature whatsoever, including fees of
accountants, attorneys, engineers, consultants or other professionals and all costs
associated therewith, arising or claimed to arise, directly or indirectly, out of, in
connection with, resulting from, or related to any act, failure to act, error, or
omission of Owner or any of its officers, agents, servants, lessees, employees,
contractors, subcontractors, materialmen, suppliers or their officers, agents,
servants, lessees, or employees, or arising or claimed to arise, directly or
indirectly, out of, in connection with, resulting from, or related to this Agreement
or Project Approvals, any construction permitted pursuant to this Agreement or
Project Approvals, or any subsequent use of the Property, or any portion thereof,
permitted by this Agreement or Project Approvals.
4.2.5 These indemnity provisions shall survive the termination of the
Agreement and is in addition to any other rights ,or remedies which Indemnitees
may have under the law. Payment is not required as a condition precedent to an
Indemnitee's right to recover under this indemnity provision, and an entry of
Ordinance Number J'~
judgment against an Indemnitee shall be conclusive in favor of the Indemnitee's
right to recover under this indemnity provision. Owner shall pay Indemnitees for
any attorneys fees and costs incurred in enforcing this indemnification provision.
4.3 Enfn...._hility
4.3.1 Default Subject to Section 4.3.2, failure by any party to perform any term
or provision of this Agreement required to be performed by such party shall constitute
an event of default ("Event of Default"). F:or purposes of this Agreement, a party
claiming another party is in default shall be referred to as the "Complaining Party",
and the party alleged to be in default shall be referred to as the "Party in Default" .
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4.3.2 Prnr-edure Re~ardini Defaults.
4.3.2.1 The Complaining Party sha1I give written notice of default to the
Party in Default, specifying the default complained of by the Complaining Party.
Delay in giving such notice shall not constitute a waiver of any default nor shall it
change the time of default.
4.3.2.2 The Party in Default shall diligently endeavor to cure, correct or
remedy the matter complained of, provided such cure, correction or remedy shall be
completed within the applicable time period set forth herein after receipt of written
notice (or such additional time.as may be deemed by the Complaining Party to be
reasonably nect"'sary to correct the matter).
4.3.2.3 Any failures or delays by a Complaining Party in asserting any of
its rights and remedies as to any default shall not operate as a waiver of any default or
of any such rights or remedies. Delays by a Complaining Party in asserting any of its I
rights and remedies shall not deprive the Complaining Party of its right to institute and
maintain any actions or proceedings which it may deem necessary to protect, assert, or
enforce any s~h rights or remedies.
4.3.2.4 H an Event of Default occurs, prior to exercising any remedies, the
Complaining Party shall give the Party in Default written notice of such default. H the
default is reasonably capable of being cured within thirty (30) days, the Party in
Default shall have such period to effect a cure prior to exercise of remedies by the
Complaining Party. If the nature of the alleged default is such that it cannot
practicably be cured within such 30 day period, the cure shall be deemed to have
occurred within such 30 day period if (i) the cure is commenced at the earliest
practicable date following receipt of the notice; (ll) the cure is diligently prosecuted to
completion at all times thereafter; (ill) at the earliest practicable date (in no event later
than 30 days after the curing party's receipt of the notice), the curing party provides
written notice to the other party that the cure cannot practicably be completed within
such 30 day period; and (iv) the cure is completed at the earliest practicable date. In
no event shall the Complaining Party be precluded from exercising remedies if a
default is not cured within sixty (60) days after the first notice of default is given.
4.3.2.5 Subject to the foregoing, if a party fails to cure a default in I
accordance with the foregoing, the Complaining Party, at its option, may terminate
this Agreement pursuant to California Government Code Section 65868, and/or
institute legal p~ings pursuant to this Agreement. Notice of intent to terminate
shali be by certified mail, return receipt requested. Upon delivery by City of notice of
intent to terminate, the matter shall be scheduled for consideration and review by the
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, City may give written notiCe of
termination, of this Agreement to the defaulting party. Any determination of default
(or any determination of failure to demonstrate good faith compliance as a part of
annual review) made by City against Developer, or any person who succeeds to
Developer with respect to any portion of the Subject Property, shall be based upon
Ordinance Number J#~
written findings supported by substantial 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 I
1094.5(c).
I
4.3.2.6 Without limitation, evidence of default may arise in the course of
the regularly scheduled annual review described in Section 4.3.3. below.
4.3.2.7 The parties understand that the Development Agreement Law
authorizes this Development Agreement to bind the City even as to actions taken by
voters of City. If a court of competent jurisdiction enters a final, non-appealable order
to the contrary and City fails or refuses to perform its obligations under this
Agreement sole1y to comply with a measure adopted by initiative after entry of such a
final, non-appealable order subjecting this Agreement to the effects of legislation
adopted by initiative after the Ordinance Date, this Agreement shall be modified or
suspended to the extent required by Government Code Section 65869.5 and Owner's
remedies by reason thereof shall be limited to reformation or rescission of this
Agreement.
4.3.3 Annual Review
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4.3.3.1 Resoonsibilities of the Parties. City shall, at least every twelve (12)
months during the term of this Agreement, review the extent of good faith substantial
compliance by Owner, with the terms of this Agreement. Subject to the notice and
cure procedure set forth in Section 4.3.2, such a periodic review may result in
amendment or termination of this Agreement, provided a default has been established
under the terms of this Agreement. Pursuant to Government Code Section 65865.1,
as amended, Owner shall have the duty to demonstrate its good faith compliance with
the terms of this Agreement at such periodic review. The parties recognize that this
Agreement and the documents incorporated herein could be deemed to contain many
requirements (i.e., construction standards, landscape standards, etc.) and that evidence
of each and every requirement would be a wasteful exercise of the parties' resources.
Accordingly, Owner shall be deemed to have satisfied its duty of demonstration if it
presents evidence satisfactory to the City of its good faith and substantial compliance
with the major provisions of this Agreement, including information concerning the
uses made of the Property and of any reservations and dedications to the City. Any
party may address any requirement of this Agreement during the review. However,
ten (10) days' written notice of any requirement to be addressed shall be made by the
requesting party. If at the time of review an issue not previously identified in writing
is required to be addressed, the review at the request of either party shall be continued
to afford sufficient time for analysis and preparation. Each party shall bear its own
costs required to be incurred in order to comply with this Agreement, as the result of
such annual review or otherwise.
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4.3.3.2 Oooortunity to be Heard. Upon written request to City by Owner,
Owner shall be permitted an opportunity to be heard orally and/or in writing at a
hearing before the City Council regarding its performance under this Agreement.
Owner shall also be heard before the City Council at any required public hearing
concerning a review of action on the Agreement.
4.3,3.3 Information to be Provided Owner. The City shall, to such an
extent as is practical, deposit in the mail to Owner a copy of staff reports and related
exhibits concerning contract performance a minimum of ten (10) calendar days prior to
any, such review or action upon this Agreement by the Planning COmmission or the
City Council. '
4.3.4 Institution of LeVal ActiQn
4.3.4.1 Subject to notice of default and opportunity to cure under Sections
4.3.1 and 4.3.2, and subject further to the limitation on remedies set forth in Section
Ordinance Number 1'4I~~
4.3.5, in addition to any other rights or remedies, any party to this Agreement may
institute legal action to cure, correct or remedy any default, to enforce any covenants
or agreements herein, to enjoin any threatened or attempted violation hereof, or to
obtain any other rem~es consistent with this Agreement.
4.3.4.2 If a 1egaI action or proceeding is brought by any party to this
Agreement because of an Event of Default under this Agreement, or to enforce a I
provision hereof, the prevailing party shall be entitled to reimbursement of all costs
and expenses, including attorneys fees, incurred in prosecuting such legal action or
p.ue-til'\g. This provision is separate and several and shall survive the merger of this
Agreement into any judgment on this Agreement.
4.3.5 Remedies. The parties would not have entered into this Agreement without
the limits on damages under this Agreement set forth herein. Accordingly, the parties
agree that each of the parties hereto may pursue any remedy at law or equity available
for the breach of any provision of this Agreement, subject to the following limitations:
(a) City and all persons acting on behalf of the City shall not be liable in
monetary damages to Owner, or to any successor in interest, or to any other person.
Owner covenants not to sue for monetary damages or claim any monetary damages:
(i) For any breach of this Agreement or for any cause of action which
arises out of this Agreementj or
(ii) For the taking, impairment or restriction of any property right or
interest as the result of or arising under or pursuant to this Agreement, but excluding
claims based upon applicable obligations of the City acting in its governmental
capacity and not as a party to this Agreement, and reserving the reserved rights and
remedies described in Section 4.3.5(d)j or
I
(ill) Arising out of or connected with any dispute, controversy or issue
regarding the application or interpretation or effect of the provisions of this
Agreement.
(b) Owner shall not be liable in monetary damages to City, or to any person
acting on behalf of City, and City covenants not to sue for damages or claim any
monetary damages:
(i) For failure to constnJct andlor open any particular use on' the
Property, or any breach of this Agreement or for any cause of action which arises out
of this Agreement; or
(ii)
regarding the
Agreement;
Arising out of or connected with any dispute, controversy or issue
application or inteIPretation or effect of the provisions of this
(ill) Provided, however, that City reserves the right to sue for any
monetary sums due City for any Development Impact Fee or other monetary sum due
it under this Agreement, or for City's reasonable cost of completing any public I
improvement Owner is required to construct pursuant to this Agreement.
.
(c) The parties acknowledge that, except as provided in Section 4.3.5(b)(iii),
above, money damages and remedies at'law generally are inadequate and that specific
performance or writ of mandate is the exclusive remedy for the enforcement of this
Agreement and should be available to all parties for the following reasons:
(i) Money damages are unavailable against City, or against Owner except
as provided above;
Ordinance Numberl'~t'
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(ii) Due to the size, nature and scope of the development on the Property,
it will not be practical or possible to restore the Property to its preexisting condition
once implemenmtion of this Agreement has begun. After such implementation, Owner
may be foreclosed from other choices it may have had to utilize the Property and
provide for other benefits. Owner has invested significant time and resources and
performed extensive planning and 'processing of such development in agreeing to the
terms of this Agreement, and will be investing even more significant time and
resources in implementing such development in reliance upon those terms, and it will
not be possible to determine the sum of money that would adequately compensate
Owner for such efforts. By the same token, City will have invested substantial time
and resourCes and will have permitted irremediable changes to the land and increased
demands on the surrounding infrastructure and will have committed, and will continue
to commit, to development in re1iance upon the commibnent to provide infrastructure
and related improvements and other exactions to meet the needs of the proposed
development and to mitigate its effects on the area and upon City and the public at
large, all in reliance upon the terms orthis Agreement, and it would not be possible to
determine a sum of, money which would adequately compensate City for such
undertakings. For this reason, the parties hereto agree that if any party fails to carry
out its obligations under this Agreement, an injured party shall be entitled to non-
damages remedies, including the remedy of specific perfonnance of this Agreement.
(d) Nothing in this Agreement shall be deemed to waive or limit any rights and
remedies that the parties would otherwise have against the other in the absence of this
Agreement with respect to injury caused by the negligence or willful misconduct of a
party.
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4.4 Notices. All notices or other communications required hereunder shall be
in writing and shall be personally delivered (including by means of professional
messenger service), or sent by registered or certified mail, postage prepaid, return
receipt required, or by electronic facsimile transmission followed by delivery of a
"hard" copy, and sha11 be deemed received on the date of receipt personally, by
registered or certified mail or by facsimile.
Unless otherwise indiCated in writing, ~ch notice shall be sent addressed as follows:
If to the City:
City Manager
City of Seal Beach
211 8th Street
Seal Beach, California 90740
With a copy to:
I
City Attorney Quinn M. Barrow
Richards, Watson & Gershon
333 South Hope Street, 38TH Floor
Los Angeles, California 90071-1469
If to Owner:
Bixby Ranch Company
3010 Old Ranch Parkway, Suite 100
Seal Beach, CA 90740-2750
Attn: Ronald A. Bradshaw
With a copy to:
Stephanie R. Scher
Kane, Ballmer & Berkman
Ordinance Number lW'er
515 S. Figueroa St., Suite 1850
Los Angeles, California 90071-3301
4.5 Termination
4.5.1 As to Propert)' and all of the rights of Owner hereunder, and except as
otherwise provided in this Agreement, this Agreement shall be deemed tenninated and I
of no further effect upon the expiJation of the Term of this Agreement.
4.5.2 Subject to the notice and cure provisions set forth in Section 4.3.2, the City
sha11 have the right to terminate this Agreement as to the Property and the rights of
Owner hereunder, in the event Owner defaults and fails to cure such default within the
respective curative period.
4.5.3 Subject to the notice and cure provisions set forth in Section 4.3.2, Owner
sha11 have the right to terminate this Agreement in the event the City defaults in its
obligation to issue pennits for the Property as provided in this Agreement. Should
Owner terminate for such reason, (i) all property interests dedicated to City pursuant
to Section 3.2.5.1, 3.2.5.2, 3.2.5.3, 3.2.5.4, 3.2.5.6(1), 3.2.5.7 and 3.2.5.9 shall
revert to Bixby Ranch Company; (ll) the restrictions on use of the Golf Course
effected in accordance with Section 3.2.5.10 shall terminate; and (ill) the zoning of the
Old Ranch Tennis Club shall revert to C-2.
4.5.4 Upon the tennination of this Agreement pursuant to Section 4.5.2 or 4.5.3,
neither party shall have any further right or obligation with respect to the Property
hereunder except with respect to any obligation to have been perfonned prior to such
termination or with respect to any default in the perfonnance of the provisions of this
Agreement which has occurred prior to such termination or with respect to any
obligations which are 'specifically set forth as surviving this Agreement.
I
4.6 No Third Party Beneficiaries. This Agreement is made and entered into for
the sole protection and benefit of the parties and their successors and assigns. No
other person shall have any right of action based upon any provision of this
Agreement.
4.7 Time of F&sence. Time'is of the essence for each provision of this Agreement
of which time is an element.
4.8 Modification. Amendment or Extension. Subject to any notice and hearing
requirements imposed by law, this Agreement may be modified, amended and/or
extended from time to time by mutual written consent of the City and Owner in the
same manner as its adoption by ordinance as set forth in Government Code Sections
65867, 65867.5 and 65868 and the Approval Ordinance.
4.9 Qperatinl! Memoranda. The provisions of this Agreement require a close
degree of' cooperation between the City and Owner and development of Property
hereunder may demonstrate that refinements and clarifications are appropriate with
respect to the' details of perfonnance of the City and Owner. If and when, from time I
to time, during the term of this Agreement, the City and Owner agree that such
clarifications are necessary or appropriate, the City and Owner shall effectuate such
clarifications through operating memoranda approved by the City and Owner, which,
after execution, shall be at1ached hereto as addenda and become a part hereof, and
may be further clarified from time to time as necessary with future approval by the
City and Owner. No such operating memoranda sha11 constitute an amendment to this
Agreement requiring public notice or hearing. The City Manager, in consultation with
the City Attorney, shall be authorized to make the detennination on behalf of the City
whether a requested clarification may be effectuated pursuant to this Section 4.9 or
whether the requested clarification is of such a character to constitute an amendment
hereof pursuant to Section 4.8 above. The City Manager shall be authorized to
execute any operating memoranda hereunder on behalf of the City.
Ordinance Number J#~
4.10 Conflicts of Law
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4.10.1 Conflict with State or Federal Laws. In the event that state or federal laws
or regulations enacted after this Agreement has been entered into or the actioo or
inaction of any other affected, governmental jurisdiction prevent or preclude
compliance with one or more provisions of this Agreement or require changes in
plans, maps or permits approved by the City, the parties shall (a) provide the other
party with written notice of such state or federa1 restriction, provide a copy of such
regulation or policy and a statement of conflict with the provisions of this Agreement,
and (b) Owner and the City staff shall, within thirty (30) days, meet and confer in
good faith in a reasonable attempt to modify this Agreement, but only to the minimum
extent necessary to comply with such federal or state law or regulation. Thereafter,
regardless of whether the parties reach an agreement on the effect of such federal or
state law or regulation upon this Agreement, the matter shall be scheduled for hearings
before the Council. Ten (10) days' written notice of such hearing shall be given,
pursuant to Government Code Section 65854.5. The Council, at such hearing, shall
determine the exact modification or suspension which shall be necessitated by such
federal or state law or regulation. Owner, at the hearing, shall have the right to offer
oral and written testimony. Any modification or suspension shall be taIcen by the
affirmative vote of not less than a majority of the authorized voting members of the
Council. Any suspension or modification may be subject to judicial review.
4.10.2 Cooneration in Securin~ Permits. The City shall cooperate with Owner in
the securing of any permits which may be required as a result of such modifications or
suspensions.
I
4.11 Waiver. No waiver of any provision of this Agreement shall be effective
unless in writing and signed by a duly authorized representative of the party against
whom enforcement of a waiver is sought and referring expressly to this Section. No
waiver of any right or remedy in respect of any occurrence or event shall be deemed a
waiver of any right or remedy in respect of any other occurrence or event.
4.12 SIIl'r1'Oonro and Asshms. Except as expressly provided to the contrary in this
Agreement, the burdens and obligations of this Agreement shall be binding upon, and
the benefits of this Agreement shall inure to, all successors in interest to the parties to
this Agreement and all successors in interest to the Property or any portion thereof or
any interest therein, and shall be covenants ruMing with the land.
4.13 Govemin~ State Law. This Agreement shall be construed in accordance with
the laws of the State of California.
4.14 Constructive Notice and Accq?!lInce, Every person who now or hereafter
owns or acquires any right, title or interest in or to any portion of the property is and
shall be conclusively deemed to have consented and agreed to every provision
contained herein, whether or not any reference to this Agreement is contained in the
instrument by which such person acquired an interest in the Property.
I
4.15 Statement of COll1Pliance. Within fifteen (IS) working days following any
written request, in accordance with the notice provisions of this Agreement, which
either party may make from time to time, the other party shall execute and deliver to
the requesting party a statement certifying that: (a) this Agreement is unmodified and
in full force and effect or, if there have been modifications hereto, that this Agreement
is in full force and effect, as modified, and stating the date and nature of such
mOdifications; (b) there are no current uncured defaults under this Agreement or
specifying the dates and nature of any such defaults; and (c) any other information
reasonably requested. The failure to deliver such statement within such time shall be
conclusive upon the party which fails to deliver such statement that this Agreement is
in full force and effect without modification except as may be represented by the
requesting party and that there are no uncured defaults in the performance of the
Ordinance Number J~~
requesting party. Said statement(s) shall be in the form reasonably satisfactory to the
City, Owner and to any purehaser, lender, title company, governmental agency, or
other person reasonably requesting such statement(s) in connection with sale, use,
development, construction, financing or marketing of the Property. The City and
Owner, for their own respective uses; shall also be entitled to obtain a statement of
compliance at any reasonable time;
4.16 Covenant of Good Faith and Fair Dealing. No party shall do anything which I
shall have the effect of harming or injuring the right of the other parties to receive the
benefits of this Agreement.
4.17 Covenant of C'-OO!)eI'3tion. Owner and the City shall cooperate with and assist
each other in the performance of the provisions of this Agreement, including assistance
in obtaining permits for the development of the Property which may be required from
public agencies other than the City. Owner reserves the right to challenge any
ordinance, measure, moratorium or other limi1ation in a court of law if it becomes
Der""'"ll')' to protect the development rights vested in the Property pursuant to this
Agreement.
4.18 Further Actions and Instruments. The parties to this Agreement shall
CXIOpelllte with and provide reasonable assistance to the other parties to the extent
contemplated in the performance of all Abligations under this Agreement and the
satisfaction of the conditions of the Agreement. Upon the request of any party, the
other parties shall promptly execu~, with acknowledgment or affidavit if reasonably
required, and file or record such required instruments and writings and take any
actions as may be reasonably nece",ary under the terms of this Agreement to carry out
the intent and to fulfill the provisions of this Agreement or to evidence or consummate
the transactions contemplated by this Agreement.
I
4.19 Section H""t1ines. All Article and Section headings and subheadings are
inserted for convenience only and shall not affect any construction or interpretation of
this Agreement.
4.20 Enforced DelllY (Force Mqjeuret
(a) In addition to specific provisions of this Agreement, performance by any
party hereunder shall 'not be deemed to be in default where delays or defaults are due
to war, insurrection, strikes, walkouts, riots, floods, earthquakes, fires, casualties, acts
of God, governmental restrictions imposed or mandated by governmental entities (but
only as to delays or defaults on the part of Owner), enactment of conflicting state or
federal laws or regulations (but only if the party claiming delay complies at all times
with the provisions of this Agreement pertaining to such conflicting laws), delays
caused by the delay or failure by any entity other than the party claiming such delay to
provide financing for or construction of needed public facilities or infrastructure as
contemplated or required by this Agreement, delays due to the enforcement of
environmental regulations, litigation, or similar bases for excused performance.
(b) An extension of time for any such cause (a "Force Majeure Delay") shall
be for the period of the enforced delay and shall commence to ron from the time of the I
commencement of the cause, if notice by the party claiming such extension is sent to
the other parties within thirty (30) days of knOWledge of the commencement of the
cause. Notwithstanding the foregoing, none of the foregoing events shall constitute a
Force Majeure Delay unless and until the party claiming such delay and interference
delivers to the other party written notice describing the event, its cause, when and how
such party obtained knowledge, the date the event commenced, and the estimated
delay resulting therefrom. Any party claiming a Force Majeure Delay shall deliver
such written notice within thirty (30) days after it obtains actual knowledge of the
event. Times of performance under this Agreement may also be extended in writing
by the City.
Ordinance Number ,,~~
I
(c) Notwithstanding the first sentence of paragraph (b), above, the foIlowing
shall apply: (i) Owner shall be entitled to a Force Majeure Delay for a period longer
than' the period of enforced delay if the City Council determines that such longer
period is reasonably required; and Cd) Owner shall be entitled to a Force Majeure
Delay notwithstanding the fact that Owner may not have given timely notice to the
City, if the City Council deteimines that such Force Ml\jeure Delay is reasonably
uired '
req .
4.21 EmeJ'l!ency Circumstances
(a). If, as the result of ~fic facts, events or circumstances, the City believes
that a severe and immediate emergency threat to the health or safety of the City or its
residents, meeting the requirements of subparagraph (b), below, requires the
modification, suspension or tennination of this Agreement, the City will, after
reasonable notice to Owner (in light of all the circumstances), hold a hearing on such
facts, events or circumstances, at which Owner shall have the right to address the City
Council. The City shall have the right to modify, suspend or tenninate this
Agreement, in whole or in part, if, following such hearing, the City Council
determines that such modification, suspension or termination is required in order to
protect the health and safety of the City and its residents.
I
(b) For purposes of this Section 4.21, an emergency shall meet each of the
following criteria: (i) it must be based on genuine health, safety and general welfare
concerns (other than general growth management issues); (ii) it must arise out of a
documented emergency situation, as declared by the President of the United States,
Governor of California, or the Mayor, City Council or City Manager of the City of
Seal Beach; and (ill) based upon its terms or its effect as applied, it does not apply
exclusively or primarily to the Property.
I
4.22 Severability. Invalidation of a.ny of the provisions contained in this
Agreement, or of the application thereof to any person, by judgment or court order,
shall in no way affect any of the other provisions hereof or the application thereof to
any other person or circumstance, and the same shall remain in full force and effect,
unlells enforcement of this Agreement, as so invalidated, would be unreasonable or
inequitable under all the circumstances or would frostrate the purposes of this
Agreement and/or the rights and obligations of the parties hereto.
4.23 Inteq)retation.' The language in all parts of this Agreement shall in all cases be
construed simply, as a whole and in accordance with its fair meaning and not strictly
for or against any party. The parties hereto acknowledge and agree that this
Agreement has been prepared jointly by the parties and has been the subject of ann's
length and careful negotiation over a considerable period of time, that each party has
independently reviewed this Agreement with legal counsel, and that each party has the
requisite experience and sophistication to understand, interpret and agree to the
particular language of the provisions hereof. Accordingly, in the event of an
ambiguity in or dispute regarding the interpretation of this Agreement, this Agreement
shall not be interpreted or construed against the party preparing it, and instead other
rules of interpretation and construction shall be utilized.
4.24 Countemartx. This Agreement may be executed in duplicate counterpart
originals, each of which is deemed to be an original and all of which when taken
together shall coristitute one and the same instrument.
4.25 Fntire A~reement. This Agreement consists of 38 pages and twenty' (20)
exhibits (designated "A" through "T"), which constitute the entire understanding and
agreement of the parties.
IN WITNESS WHEREOF, the parties have each executed this Agreement on the date
first above written.
Ordinance Number I'~
CITY OF SEAL BEACH
By:
Mayor
ATrEST:
I
By:
City Clerk
APPROVED AS TO FORM:
By:
City Attorney
BIXBY RANCH COMPANY,
a California limited partnership
By: Bixby Management Corporation,
a Delaware Corporation, its General
Partner
By:
Its:
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EXlDBIT "A"
Ordinance Number /,y'-+,t'
ANTICIPATED GOLF COURSE CONFIGURATION
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Ordinance Number~~
EXlDBIT "B"
OLD RANCH TENNIS CLUB LEGAL DESCRIYrION
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In the City of Seal Beach, County of Orange, State of California, being an undivided
portion of Sections 31 and 32, Township 4 South, Range II West, San Bernardino Base
and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the intersection of the northerly line of Parcel I of the land described in the
deed to the State of California recorded February 2, 1960 in Book 5082, Page 307 of
Official Records with the southeasterly line of Lampson Avenue 80.00 feet wide, as
described in the deed to the City of Seal Beach recorded April 7, 1965 in Book 7475 Page
46 of Official Records, said point being the beginning of a curve in said southeasterly
line, concave northwesterly having a radius of 1040.00 feet, a radial to said point bears S
00011 '56" W; thence northeasterly 930.35 feet along said curve through a central angle
of 51015'17'; thence N 38056'39" E 145.00 feet along said southeasterly line to the
westerly comer of Parcel 3 of the land described in Book 7594, Page 609 of, Official
Records; thence N 89008'14" E 39.05 feet along the southerly line of said Parcet 3 to the
southwesterly line on Parcel 2 described in said deed; thence S 51003'21" E 89.94 feet
along said southwesterly line to the beginning of a curve concave northeasterly having a
radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central
angle of37038'25" to a point to which a radial bears S 01018'14" W, said point being the I
beginning of a curve in the westerly line of Parcel I of the land described in the deed to
the City of Seal Beach recorded March 13, 1968 in Book 8541, Page 859 of Official
Records, said curve being concave southwesterly having a radius of 15.00 feet; thence
southeasterly 23.27 feet along said curve through a central angle of 88053'42"; thence S
00011 '56" W 220.78 feet along said westerly line to the beginning of a curve concave
westerly having a radius of 40.00 feet; thence southerly 21.49 feet along said curve
through a central angle of 30047'03" to the beginning ofa reverse curve concave easterly
having a radius of 70.00 feet; thence southerly 109.69 feet along said curve through a
central angle of 89047'00" to said northerly line of the land of the Sate of California;
thence N 89048'04" W along said northerly line to the point of beginning.
The above describes an area of6.735 acres, more or less.
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EXlDBIT "C"
PROPERTY LEGAL DESCRlPfION
[ALL PROPERTY TO BE DEVELOPED]
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Area A:
In the City of Seal Beach, County of Orange, State of California, being a portion of
Parcell of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County
Recorder of said county, and being an undivided portion of the Northeast Quarter of
Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the
Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of
the County Recorder of said county, more precisely described as follows:
Beginning at the southwest comer of Parcel 2 of the map filed in Book 16, Page 14 of
Parcel Maps, in the Office of the County Recorder of said county; thence southerly along
the easterly right-of-way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE
POINT OF BEGINNING; thence S 89048' 30" E a distance of526.34 feet; thence S 000
11' 30" W a distance of 8.68 feet; thence S 89" 48' 30" E a distance of 450.39 feet;
thence S 440 48' 30" E a distance of 47.26 feet; thence S 000 11' 30" W a distance of
83.28 feet; thence S 450 11' 30" W a distance of 113.13 feet; thence S 000 11' 30" W a
distance of 464.63 feet; thence N 890 48' 30" W a distance of 74. 75 feet; thence S 450 11' I
30" W a distance of35.36 feet; thence S 000 11' 30" W a distance of 528.45 feet; thence
N 890 48' 30" W a distance of 534.73 feet; S 450 11' 30" W a distance of 36.64 feet
thence S 000 II' 30" W a distance of 58.69 feet; thence N 890 48' 30" W to the easterly
right-of-way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence
northerly along said right-of-way to the TRUE POINT OF BEGINNING.
The above describes an area of26.045 acres, more or less.
Area B:
In the City of Seal Beach, County of Orange, State of California, being Parcels I, 2 and 3
of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County
Recorder of said county.
The above describes an area of 13.567 acres, more or less.
Area C:
In the City of Seal Beach, County of Orange, State of California, being an undivided
portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base
and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of I
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the northeast comer of the southwest quarter of the northeast quarter of said
Section 31; thence southerly along the east line of the southwest quarter of the northeast
quarter of said Section 31 a distance of 1082.46 feet to the southeasterly-most comer of
Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF
BEGINNING; thence southerly along said east line of the southwest quarter of the
northeast quarter of said Section 31 to the south line of the northeast quarter of said
Section 31; thence easterly along the south line of the northeast quarter of said Section 31
and the south line of the northwest quarter of said Section 32 to the 'northerly right-of-
way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and
northwesterly along said northerly right-of-way line to the easterly right-of-way line of
Ordinance Number I'~
I
Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right-of-way
line of Seal Beach Boulevard to the southwest comer of the land shown on Tentative
Tract Map Number 15767; thence departing said Seal Beach Boulevard right-of-way S
89048'30" E a distance of 289.76 feet; thence N 00011'30" E a distance of 58.69 feet;
thence N 45011'30" E a distance of36.64 feet; thence S 89048'30' E a distance of534.73
feet; thence N 00011'30" E a distance of319.03 feet; thence N 00011 '30" E a distance of
209.42 feet; thence N 45011'30" E a distance of 35.36 feet; thence S 89048'30" E a
distance of 74.75 feet; thence S 00011'30" W a distance of 17.19 feet; Thence S
89048'30" E a distance of330.08 feet to.the TRUE POINT OF BEGINNlNG; ,
The above describes an area of 157.290 acres, more or less.
Area D:
In the City of Seal Beach, County of Orange, State of California, being a portion of
Parcell of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County
Recorder of said county, and being an undivided portion of the Northeast Quarter of
Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the
Rancho Los A1amitos, as per the map tiled in Book 14, Page 31 of Deeds, in the Office of
the County Recorder of said county, more precisely described as follows:
I
Beginning at the southwest comer of Parcel 2 of the map tiled in Book 16, Page 14 of
Parcel Maps, in the Office of the County Recorder of said county; thence southerly along
the easterly right-of-way of Seal Beach Boulevard a distance of 231.24 feet; thence S 890
48' 30" E a distance of 526.34 feet; thence S 000 11' 30" W a distance of 8.68 feet;
thence S 890 48' 30" E a distance of 450.39 feet; thence S 440 48' 30" E a distance of
47.26 feet; thence S 000 11' 30" W a distance of 83.28 feet; thence S 450 11' 30" W a
distance of 113.13 feet; thence S 000 11' 30" W a distance of 481.82 feet; thence S 890
48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the
northeast quarter of said Section 31; thence northerly along said east line to the north line
of said southwest quarter of the northeast quarter of said Section 31, a distance of
approximately 1082.46 feet; thence westerly along said north line to the northeast comer
of said Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, as amended by Lot
Line Adjustment LL87-1, filed as Instrument Number' 87-500586 in the Office of the
County Recorder of said county, a distance of approximately 1045.24 feet; thence
southerly along the east line of said Lot Line Adjustment to the southeast comer of said
Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the
south line of said I:.ot Line Adjustment and the south line of said Parcel 2, a distance of
approximately 214.97 feet, to the point of beginning.
The above describes an area of 15.649 acres, more or less.
I
Ordinance Number/~~
EXHIBIT "D"
AREA D [RESIDENTIAL DEVELOPMENT AND PARK FACILITY]
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Ordinance
Number /~~t9
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EXlDBIT "D" LEGAL DESCRIPTION
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In the City of Seal Beach, County of Orange, State of California, being a portion of
Parcell of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County
Recorder of said county, and being an undivided portion of the Northeast Quarter of
Section 31, Township 4 South, Range II West, San Bernardino Base and Meridian, in the
Ranchl;) Los AJamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of
the County Recorder of said county, more precisely described as follows:
I
Beginning at the southwest comer of Parcel 2 of the map filed in Book 16, Page 14 of
Parcel Maps, in the Office of the County Recorder of said county; thence southerly along
the easterly right-of-way of Seal Beach Boulevard a distance of 231.24 feet; thence S 890
48' 30" E a distance of 526.34 feet; thence S 000 II' 30" W a distance of 8.68 feet;
thence S 890 48' 30" E a distance of 450.39 feet; thence S 440 48' 30" E a distance of
47.26 feet; thence S 000 11' 30" W a distance of 83.28 feet; thence S 450 11' 30" W a
distance of 113.13 feet; thence S 00011' 30" W a distance of481.82 feet; thence S 890
48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the
northeast quarter of said Section 31; thence northerly along said east line to the north line
of said southwest quarter of the northeast quarter of said Section 31, a distance of
approximately 1082.46 feet; thence westerly along said north line to the northeast comer
of said Parcel 2 of the map filed in Book l(i, Page 14 of Parcel Maps, as amended by Lot
Line Adjustment LL87-I, filed as Instrument Number 87-500586 in the Office of the
County Recorder of said county, a distance of approximately 1045.24 feet; thence
southerly along the east line of said Lot Line Adjustment to the southeast comer of said
Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the
south line of said Lot Line Adjustment and the south line of said Parcel 2, a distance of
approximately 214.97 feet, to the point of beginning.
The above describes an area of 15.649 acres, more or less.
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Ordinance Number J#t7 EXlDBIT "E"
AREA A [26 ACRE RETAIL/COMMERCIAL CENTER]
ARE A A
TRUE POINT OF BEGINNING
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Ordinance Number /~~"
EXlDBIT "E" LEGAL DESCRIPl'ION
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In the City of Seal Beach, County of Orange, State of California, being a portion of
Parcell of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County
Recorder of said county, and being an undivided portion of the Northeast Quarter of
Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the
Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of
the County Recorder of said county, more precisely described as follows:
Beginning at the southwest comer of Parcel 2 of the map' filed in Book 16, Page 14 of
Parcel Maps, in the Office of the County Recorder of said county; thence southerly along
the easterly right-of-way of Seal Beach Boulevard a distance of 23 1.24 feet to the TRUE
POINT OF BEGINNING; thence S 89048' 30" E a distance of 526.34 feet; thence S 000
11' 30" W a distance of 8.68 feet; thence S 890 48' 30" E a distance of 450,39 feet;
thence S 440 48' 30" E a distance of 47.26 feet; thence S 000 11' 30" W a distance of
83.28 feet; thence S 450 11' 30" W a distance of 11 3.13 feet; thence S 000 11' 30" W a
distance of 464.63 feet; thence N 890 48' 30" W a distance of74.75 feet; thence S 450 11'
30" W a distance of35.36 feet; thence S 000 11' 30" W a distance of 528.45 feet; thence
N 890 48' 30" W a distance of 534.73 feet; S 450 11' 30" W a distance of 36.64 feet
thence S 000 11' 30" W a distance of 58.69 feet; thence N 890 48' 30" W to the easterly
right-of-way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence
northerly along said right-of-way to the TRUE POINT OF BEGINNING.
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The above describes an area of26.045 acres, more or less.
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Ordinance Number I#~
EXlDBIT "F"
AREA C [157 ACRE COMMERCIAL RECREATIONAL USE]
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Ordinance Number J4'~
EXIllBIT "F" LEGAL DESCRIPI'ION
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In the City of Seal Beach, County of Orange, State of California, being an undivided
portion of Sections 31 and 32, Township 4 South, Range II West, San Bernardino Base
and Meridian, in the Rancho Los A1amitos, as per the map filed in Book 14, Page 31 of
Deeds, in the qffice of the County Recorder of said county, described as follows:
I
Beginning at the northeast comer of the southwest quarter of the northeast quarter of said
Section 31; thence southerly along the east line of the southwest quarter of the northeast
quarter of said Section 31 a distance of 1082.46 feet to the southeasterly-most comer of
Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF
BEGINNING; thence southerly along said east line of the southwest quarter of the
northeast quarter of said Section 31 to the south line of the northeast quarter of said
Section 31; thence easterly along the south line of the northeast quarter of said Section 31
and the south line of the northwest quarter of said Section 32 to the northerly right-of-
way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and
northwesterly along said northerly right-of-way line to the easterly right-of-way line of
Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right-of-way
line of Seal Beach Boulevard to the southwest comer of the land shown on Tentative
Tract Map Number 15767; thence departing said Seal Beach Boulevard right-of-way S
89048'30" E a distance of 289.76 feet; thence N 00011 '30" E a distance of 58.69 feet;
thence N 45011'30" E a distance of36.64 feet; thence S 89048'30' E a distance of 534.73
feet; thence N 00011'30" E a distance of319.03 feet; thence N 00011 '30" E a distance of
209.42 feet; thence N 45011'30" E a distance of 35.36 feet; thence S 89048'30" E a
distance of 74.75 feet; thence S 0001\'30" W a distance of 17.19 feet; Thence S
89048'30" E a distance of330.08 feet to the TRUE POINT OF BEGINNING;
The above describes an area of 157.290 acres, more or less.
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Ordinance Number/~
EXlDBIT "G"
AREA B [8.57 ACRE HOTEL, ETC., AND 5
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Ordinance Number J'~"
EXlUBIT "G" LEGAL DESCRIPTION
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In the City ofSea1 Beach, County of Orange, State of California, being Parcels 1,2 and 3
of the map filed in Book IS, Page 11 of Parcel Maps, in the Office of the County
Recorder of said county.
The above describes an area of 13.567 acres, more or less.
I
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Ordinance Number /~
EXlUBIT "H"
DESCRlPI'ION OF PUBLIC IMPROVEMENTS
I
Reference Section 3.1.1.1: 2.5 Acre Park Facility
Reference Section 3.1.1.4: Landscaped green belt area of approximately 5 acres in
the general location and shape shown on Exhibit "G".
Reference Section 3.2.5.2: Community Police Center
Reference Section 3.2.5.3: Green Belts
Reference Section 3.2.5.4: Monument Signs
Reference Section 3.2.5.5: Median Landscaping
Reference Section 3.2.5.7: Lampson Avenue Enhancements
Reference Section 3.2.5.8: Water Retention Basin
Reference Section 3.2.5.9: Stann Drain
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EXlDBIT "I"
Ordinance Number /#~
MITIGATION MEASURES
I
BIXBY OLD RANCH TOWNE CENTER EIR
MITIGATION MEASURES
ADOPTED BY THE CITY COUNCIL
ON NOVEMBER 23, 1998
A. LAND USE
A-I. Detailed development plans for Development Areas A, B and D shall include
walls, landscaped buffers and building setbacks in order to eliminate potential
conflicts with adjacent residential and recreational uses. These detailed plans
shall be submitted for review and approval by the Director of Development
Services prior to or concurrent with approval of final subdivision maps or plot
plans.
A-2. Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D
and E) shall include perimeter landscaping and building setbacks to insure
compatibility with the Scenic Highways Element of the City General Plan. These
detailed plans shall be submitted for review and approval by the Director of
Development Services prior to or concurrent with the approval of final
subdivision maps or plot plans.
I
A-3. Detailed development plans for Development Area A shall be submitted for
review and approval by the Director of Development Services to insure that no
more than 20"/0 of commercial space is devoted to restaurants.
B. SOCI~ECONONUCS
No Mitigation Measures proposed.
C.GEOLOGY
C-t. Prior to issuance of a grading permit, the project proponent shall submit a
geotechnical report to the City Engineer for approval. The report shall include the
information and be in a fonn as required by the Orange County Grading Manual,
Section S.4 and the Orange County Excavation and Grading Code, Section
7-1-819. Project proponent shall reimburse City costs of independent third-party
peer review of said geotechnical report.
I
,C-2. The project applicant shall incorporate measures to mitigate expansive soil
conditions, compressible/collapsible soil conditions and liquefaction soil
conditions, and impacts from trenching in site-specific Tentative TractlParcel
Map Review and Rough Grading Plan Review reports prepared by the project
geotechnical consultant. Recommendations shall be based on surface and
subsurface mapping, laboratory testing and analysis. The geotechnical
consultant's site-specific reports shall be approved by a certified engineering
geologist and a registered civil engineer, and shall be completed to the satisfaction
of the City Engineer. Project proponent shall reimburse City costs of independent
third-party peer review of said site-specific reports.
C-J. Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill
materials will be removed and replaced with compacted fill during site grading in
order to prevent seismic settlement, soil expansion, and differential compaction.
C-4. Prior to the initiation of project grading in any development area, all existing
utilities will be located and either abandoned and removed, rerouted or protected,
C-S. In excavations deeper than four feet but less than ten feet, a slope no steeper than
1.5 to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper
excavations will be provided with shoring for stability and protection. OSHA
Ordinance Number
Iq~~
safety requirements shall be adhered to throughout the entire duration of project
earthwork.
C-6. All grading procedures, including soil excavation and compaction, the placement
of backfill, and temporary excavation shall comply with City of Seal Beach
standards.
C-7. Permanent cut and fill slopes shall not exceed 2 to I (horizontal to vertical).
I
C-8. Graded, but undeveloped land shall be maintained weed-free and planted with
interim landscaping within ninety (90) days of completion of grading, unless
building permits are obtained. Planting with interim landscaping shall comply
with NPDES Best Management Pra~ices.
C-9. Conformance with the latest Uniform Building Code and City Ordinances can be
expected to satisfactorily mitigate the effect of seismic groundshaking.
Conformance with applicable codes and ordinances shall occur in conjunction
with the issuance of building permits in order to insure that overexcavation of
soft, broken rock and clayey soils within sheared zones will be required where
development is planned.
C-IO. The potential on-site liquefaction hazard shall be mitigated by removal and
recompaction of on-site alluvium soils, installation of subsurface drainage and
placement of compacted fill as required.
D. WATER/DRAINAGE
0-1. The capacity of the Old Ranch Retarding Basin will be increased to 87.6 acre feet
at elevation 12 so that the peak flow exiting the Retarding Basin will be no greater I
than the pre-project condition thereby eliminating the increase of runoff due to the
increase of impervious area.
0-2. The runoff from the IO-acre area.at the northwest comer of the project shall be
diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin
will be further increased to accommodate this increase in flow to a capacity of
88.4 acre feet at elevation 12.
0-3. Additional capacity in the Old Ranch Retarding Basin to 100 acre feet at elevation
12 will be provided as a mitigation from the impact of drainage from future
upstream development. This increase will be approximately 13 percent over the
required holding capacity based upon Mitigation Measures 0-1 and D-2 above.
0-4. The inlet capacity of on-site catch basins will be constructed a minimum of 25%
larger than that required by the City Engineer in order to reduce the potential for
debris blockage during major storms.
D-S. The project shall reduce the impact of contaminants (oil, grease and rubber) by
the use of Best Management Practices (BMP) used to conform to the requirements
of the National Pollution Discharge Elimination System (NPDES) provisions in
the Clean Water Act. The BMP's used will most likely be the use of oil and
grease separators and/or vegetated areas used to biologically treat the
contaminated runoff.
I
0-6. The amount of sediment movement during construction will be minimized by the
use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw
bales and rock check dams. The construction and condition of the BMP's will be
periodically inspected during construction and repairs will be made, when
necessary, as required by the NPDES.
0-7. Prior to final project design, a project specific Drainage Report shall be prepared
by a registered civil engineer in accordance with applicable requirements of the
Orange County Flood Control District and the City of Seal Beach. The report
Ordinance Number J4~t7
shall describe the existing drainage network, existing capacity, pre-and
post-project runotf volumes, and any necessary improvements to accommodate
proposed project runoff volumes.
I
D-8. Prior to the issuance of grading or building permits, a comprehensive Water
Quality Management Plan (wQMP) shall be prepared by a registered civil
engineer or a registered professional hydrologist to protect water resources from
impacts due to' urban contaminants in surface water runoff. The plan shall be
prepared in coordination with the Regional Water Quality Control Board, Orange
County, and the City of Seal Beach to insuree compliance with applicable NPDES
permit requirements. The Plan shall include a combination of structural and non
structural Best Management Practices (BMPs) as outlined in Countywide NPDES
Drainage Area Management Plan.
D-9. On-site irrigation shall not produce standing pools of water on fairways that
persist for more than five days.
0.10. All project drainage facilities shall be kept free from vegetation and debris that
causes any runoff to become impounded for more than five days.
E. AIR QUALITY
I
E-!. Prior to the issuance of initial grading or building permits, the applicant shall
obtain approval of an Air Quality Mitigation Plan by the Director of Development
Services. The Plan shall address each applicable control measure from the 1997
Air Quality Management Plan as listed below in order to determine which control
measures are feasible, recommend implementation conditions, and establish
methods of applying conditions to contractors, buyers, lessees, tenants and
occupants. The project applicant shall reimburse City costs of an independent
third party peer review of this Plan.
,
Construction (Short-Term) Impacts
I
a) Use low emission mobile construction equipment.
b) Water site and clean equipment morning and evening.
c) Wash offtruc\c:s leaving the site.
d) Spread soil biJlders on unpaved roads and parking areas.
e) Apply chemical soil stabilizers to all inactive construction areas '(previously
graded areas which remain inactive for 96 hours).
f) Reestablish ground cover on construction site through seeding and watering
on portions of the site that will not be disturbed for lengthy periods (such as
two months or more).
g) Sweep streets if silt is carried over to adjacent public thoroughfares.
h) Reduce traffic speeds on all unpaved road surfaces to 15 miles per hour or
less.
i) Suspend grading operations during first and second stage smog alerts.
j) Suspend all grading operations when sustained winds exceed 15 miles per
hour.
k) Maintain construction equipment engines by keeping them tuned.
1) Use low sulfur fuel for stationary construction equipment.
10) Configure construction parking to minimize traffic interference.
n) Minimize obs~ruction of through-traffic lanes.
0) Provide a flagperson to properly guide traffic and ensure safety at construction
sites.
p) Schedule operations affecting traffic for off-peak hours where feasible.
q) Develop a traffic plan to minimize traffic flow interference from construction
activities (the plan may include advance public notice of routing).
r) Utilize existing power sources (e.g. power poles) or clean fuel generators
rather than temporary power generators.
s) Develop a trip reduction plan to comply with SCAQMD Rule 2202.
t) Schedule goods movements for off-peak hours.
Ordinance Number J'~
u) Employ construction activity management techniques. such as: extending the
construction period reducing the number of pieces of equipment used
simultaneously, increasing the distance between the emission sources:
reducing or changing the hours of construction, and scheduling activity during
off-peak hours.
v) Provide on-site power sources during the early stages of the project.
w) Use low emission on-site stationary equipment (e.g. clean fuels). I
x) Require a phased schedule for construction activities to minimize emissions.
y) Provide rideshare area and transit incentives for construction personnel.
z) Implement or contribute to an urban tree planting program to offset the loss of
existing trees at the construction site.
Regional Air Quality - Long Term
a) Provide local shuttle and regional transit systems and transit shelters.
b) Provide bicycle lanes. storage areas. and amenities. and ensure efficient
parking management.
c) Provide preferential parking to high occupancy vehicles and shuttle services.
and charge parking fees to low occupancy vehicles
d) Provide adequate ingress and egress at all entrances to public facilities to
minimize vehicle idling at curbsides.
e) Employers should provide variable work hours and telecommuting to
employees.
f) Provide dedicated turn lanes as appropriate and provide roadway
improvements at heavily congested roadways.
g) Provide lighter color roofing and road materials and tree planning programs to
comply with the AQMD Miscellaneous Sources MSC-OI measure.
h) Comply with the AQMD Regulations and Stationary Sources Operations
Enhanced Inspection and Maintenance to reduce emissions of proposed I
restaurant operations.
i) Improve the thermal integrity of the buildings and reduce the thermal load
with automated time clocks or occupant sensors.
j) Provide on-site services (e.g., ATMs, child care center; and other similar
services)
k) Employers to provide ridematching. guaranteed ride home. or car pool or
vanpool to employees.
I) Employers to provide compensation. prizes or awards to ridesharers
m) Synchronize traffic signals.
n) Provide dedicated parking spaces with electrical outlets for electrical vehicles.
0) Install energy efficient street lighting.
p) Landscape with native drought-resistant species to reduce water consumption
and to provide passive solar benefits.
q) Encourage the use ofaltemative fuel or low emission vehicles.
r) Introduce window glazing. wall insulation. and efficient ventilation methods.
s) Provide incentives for solid waste recycling.
t) Use devices that minimize the combustion offossil fuels.
F. TRANSPORTATION,! CIRCULATION
F1. ,Prior to the application of each building permit, the applicant shall pay City
Traffic Impact fees and/or post security in a manner meeting the approval of the
Director of Public Works for the "fair share" costs of highway improvements
attributed to the proposed project.
I
The proposed project would significantly impact six key intersections in the Year
2001. Further, two intersections will require improvements related to providing
access to the Old Ranch Towne Center site. The City of Seal Beach will require
the project developers to pay a "fair-share" of the improvement costs for the six
intersections as follows:
#2: Los Alarnitos Boulevard at Spring Street/Cerritos Avenue
#3: Los A1amitos Boulevard at Katella Avenue
Ordinance Number 1.t/~t7
#12: Seal Beach Boulevard at Lampson Avenue
#13: Seal Beach Boulevard at 1405 NB Ramps-Old Ranch Parkway
#14: Seal Beach Boulevard at 1405 sa Ramps-Beverly Manor
#17: Seal Beach Boulevard at Westminster Avenue
I
F-2. Prior to the application for the first building permits for the Towne Center
commercial center, the applicant shall obtain approval by the Director of Public
Works ofa Delivery Vehicle Access and Loading Plan including vehicle turning
templates (AASlITO WB-SO and SU-30 design vehicles) analyses demonstrating
adequate turning areas. The Director of Public Works shall require that vendors
will be informed of the loading dock location and orientation.
F-3. Prior to applications for building permits, the applicant shall obtain approval by
the Director of Public Works ofa Bus Stop and Pedestrian Access Plan.
G, BIOLOGICAL RESOURCES
G-I. Prior to project construction, the California Department ofFish and Game shall be
notified pursuant to California Fish and Game Code Sections 1601-1603 and the
U.S. Army Corps ~fEngineers in conjunction with their 404 permit process. The
proposed project shall provide all required compensation for impacts to on-site
wetland habitats.
G-2. International Society of Arboriculture (lSA) pruning standards shall be followed
on all trees. General pruning guidelines including specifications for making
correct pruning cuts, branch selection for different purposes, and topping, as
provided by the arborist, shall be followed.
I
G-3. After project con~truction, trees that have been topped in the past shall undergo
reconstructive pruning to improve tree structure and reduce hazards.
G-4. All contractors, subcontractors, equipment operators, etc. shall be informed
concerning tree preservation standards and procedures. Tree protection guidelines
and procedures shall be incorporated into all construction and grading.
agreements. The project arborist and job superintendent shall oversee all tree
protection requirements.
G-5. Prior to any construction activity, tree protection zones shall be delineated for all
trees to be preserved. The protection zone will be either: I) five feet from the
outside of the dripline of the tree canopy or 2) one foot radius from the trunk for
every I-inch of truck diameter, whichever is greater. If construction activity is
planned within any tree protection zone, a case-by-case evaluation will be made
by an ISA Certified Arborist.
G-6. Prior to any grading or construction activity, a 4-foot high protective fence
consisting of chain-link wire or fluorescent webbing attached to steel line posts
shall be constructed around the protection zone of all preserved trees. Laminated
"tree protection zone - no construction activity" signs will be attached to the
fence. This fence is to remain in place throughout the construction period.
I
G-7. If contact with the tree crown is unavoidable and tree damage will occur, as ISA
Certified Arborist shall prune the conflicting branch(es) using ISA standards.
Where trenching is necessary in areas that contain tree roots, tree roots shall be
pruned using a Dosko root pruner or equivalent. All cuts shall minimize ripping,
tearing, and fracturing of the root system of the impacted tree. The trench shall be
made no deeper than the depth of grading or trenching necessary.
G-8. In order to avoid draining or leaking equipment fluids near preserved trees, fluids
such as: gasoline, diesel, oils, hydraulics, paint, brake and transmission fluids and
glycol (anti-freeze) shall be disposed of properly. Construction equipment shall
be parked at least 50 feet away from existing trees to avoid the possibility of
leakage of equipment fluids into the soil.
Ordinance Number /#~
0-9. In areas affected by grading or excessive construction dust, the tops and
undersides of foliage will be washed with a strong water stream every two weeks
in morning hours before 10:00 a.m. to control mite and insect populations.
0-10. If irrigation systems or schedules or drainage/runoff patterns are changed by
construction activities, an assessment of irrigation needs shall be conducted to I
protect the health of the trees to be preserved. This may require the installation of
a temporary irrigation system or mobile watering by a water truck.
0-11. All trees to be removed shall be clearly marked at the base of the trunk and at 4 ~
feet above ground to avoid removal of the wrong tree.
0-12. All major tree trimming shall be scheduled so as to not disturb birds-of-prey
during nesting periods and Monarch Butterfly overwintering as well as to prevent
infestation by the Eucalyptus Long-horn Borer. All major tree trimming shall be
completed by October 3 I in order to avoid infestation by the Eucalyptus
Long-homed Borer, the nesting season for birds-of-prey, and Monarch Butterfly
clustering.
0-13. All mature trees lost as a result of project development shall be replaced pursuant
to the following ratios: a) eucalyptus: 4 to I using 24-inch box trees; and b)
non-eucalyptus: 2'to I using 36-inch box specimens.
0-14. All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent
vegetation, both of which provide harborage for mosquito breeding. These water
bodies shall also be stocked with mosquito fish.
O-IS. Grass clippings shall either be removed from the site or composted in a manner I
that does not breed flies.
0-16. All structures shall be constructed in a manner to exclude rats from gaining
"indoor access. "
0-17. All landscaping shall be open and skirted as necessary to exclude rats from
nesting in enclosed thickets of vegetation.
B.ENERGY
H-l. Development plans will be provided to the Southern California Gas Company and
the Southern California Edison Company as they become available in order to
facilitate engineering, design and construction of improvements necessary to
provide electrical, natural gas, and telephone services to the Bixby Old Ranch
site.
H-2. The applicant will comply with guidelines provided by the Southern California
Gas Company and the Southern California Edison Company in regard to
easement restriction, construction guidelines, protection of line easements, and
potential amendments to rights-of-way in the areas of any existing easements.
H-3. Building energy conservation will be largely achieved by compliance with Title
20 and 24 of the Energy Conservation Code. Title 24, California Administrative
Code Section 2-S307(b) is the California Energy Conservation Standard for New
Buildings which prohibits the installation of fixtures unless the manufacturer has
certified to the CEC compliance with the flow rate standards. Title 24, California
Administrative Code Section 2-S4S2(i) and G) address pipe insulation
requirements which can reduce the amount of water used before hot water reaches
equipment or fixtures. Title 20, California Administrative Code Sections 1604(t)
and 1601(b) are APpliance Efficiency Standards.
I
H-4. In order to conserve energy devoted to space heating and air conditioning, active
and passive solar techniques will be encouraged whenever possible within the
Ordinance Number ~~~t'
project. Active solar systems include the use of solar space and hot water heating
for buildings, swimming pools, etc. Passive systems involve orienting buildings
properly, planting trees to take advantage of the sun, providing adequate roof
overhangs, making sure that walls are properly insulated, and installing simple
heat storage systems.
I
H-5. Electric vehicle charging facilities shall be provided for a minimum of two
vehicles and a maximum of four vehicles.
L HAZARDS
No Mitigation Measures proposed.
J, NOISE
J-1. Construction in areas within 500 feet of residential development shall be limited
to the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction
activities shall not be permitted in these areas 0" Sundays or Federal holidays.
Use of heavy grading equipment (such as impact hammers and pile drivers) shall
be limited to the hours of8:00 AM to 5:00 PM on Monday through Friday.
J-2.
All noise sensitive land uses shall be sound attenuated against present and
projected noise, which shall be the sum of all noise impacting the project, so as
not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas
(e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in
all habitable rooms. Evide!lce prepared under the supervision of a
County-certified acoustical consultant that these standards will be satisfied in a
manner consistent with applicable zoning regulations shall be submitted as
follows:
I
A Prior to the recordation of a final tract/parcel map or prior to the issuance
of Grading Permits, at the sole discretion of the City, an Acoustical '
Analysis Report shall be submitted to the Director of Development
ServiCes, for approval. The report shall describe in detail the exterior
noise environment and preliminary mitigation measures. Acoustical
design features to achieve interior noise standards may be included in the
report in which case it may also satisfy "B" below.
B. Prior to the issuance of any building permits, an acoustical analysis report
,
describing the acoustical design features of the structures required to
satisfy the exterior and interior noise standards shall be submitted to the
Director of Development Services for approval along with satisfactory
evidence which indicates that the sound attenuation measures specified in
the approved acoustical report (s) have been incorporated into the design
of the project.
C. Prior to the issuance of any building permits, all freestanding acoustical
barriers must be shown on the projects plans illustrating height, location
and construction in a manner meeting the approval of the Director of
Development Services.
I
D.
Prior to tJ;1e issuance of any Certificates of Use and Occupancy, field
testing in accordance with Title 25 regulations shall be required by the
Director of Development Services to verify compliance with all applicable
design standards.
E. The project applicant shall reimburse the City for the costs of an
independent, third party peer review of this evidence.
J-3. All structures shall be sound attenuated against the combined impact of all present
and projected noise from exterior noise sources to meet the interior noise criteria
as set forth below:
Ordinance Number /~
.
a) commercial - 50 CNEL;
b) hote1-45 CNEL;
c) senior assisted living - 45 CNEL; and
d) residential - 45 CNEL.
Not withstanding any land use characterizations, 'all sensitive land uses (including I
the senior assisted living Alzheimer's care/skilled nursing facility and residential
uses) shall be sound attenuated against present and projected noise levels, which
shall be the sum of all noise impacting the project, so as not to exceed an exterior
noise standard of 65 CNEL in outdoor living areas and an interior standard of 45
CNEL in all habitable rooms. Prior to the issuance of any building permits,
evidence prepared under the supervision of a County-certified acoustical
consultant that these standards will be satisfied in a manner consistent with
applicable zoning regulations shall be submitted to the Director of Development
Services in the form of an Acoustical Analysis Report describing in detail the
exterior noise environment and the acoustical design features required to achieve
the interior noise standard and which indicate that the sound attenuation measures
specified have been incorporated into the design of the project.
Prior to the issuance of any Certificates of Use and Occupancy, field testing in
accordance with City policies shall be required by the Director of Development
Services to verifY compliance with all applicable design standards.
J-4. Prior to the issuance of building permits, the applicant shall agree by executing an
agreement with the Director of Development Services requiring that the applicant
will provide to each prospective buyer, renter, or lessee of noise sensitive land
uses (e.g., senior assisted care units and residential uses) a written disclosure that
certain buildings or units (without windows and doors closed) and outdoor areas I
could be subject to noise levels above State and City standards or policies for
noise sensitive land uses. Such notification shall be included in all initial escrow
documents as well as all subsequent sales or lease documents. Such notification
shall be in language approved by the Director of Development Services 'and shall
be formalized in written Covenants, Conditions and Restrictions (CC&;R's)
recorded on the title of each noise sensitive land use building site. In addition,
each advertisement, solicitation and sales brochure or other literature regarding
noise sensitive land uses shall contain the approved notification language.
Notification shall also stipulate that the area is subject to occasional overflights
and that in the event the Los Alamitos AFRC is activated for use as a Disaster
Support Area, noise levels could significantly increase for an unknown period of
time due to increases in airfield operations. The agreement shall also provide that
prior to the close of escrow with initial buyers, the written disclosure must be
acknowledged and signed by all initial buyers, their signature notarized and
deposited in escrow with instructions to the escrow holder to deliver the executed
disclosure form to the City Clerk within three working days after the close of
escrow.
K. PUBLIC SERVICES
,
K-l. Prior to final approval of a vested tentative tractl parcel map the project applicant
shall enter into a Development Agreement with the City of Seal Beach. Said
agreement shall establish, if required, any payment of the project's fair-share
contribution to offset project impacts on public facilities and services including
the need for additional law enforcement and fire protection facilities and staffing.
I
K-2. The City of Seal Beach, Community Development and Police Departments shall
review and approve all detailed project plans, improvement plans, and
architectural elevations in relation to the following issues: adequate street and
security lighting, clearly marked streets and building identification, adequate
internal circulation and surveillance for patrol officers, and provision of alarm
systems.
Ordinance Number~~~
K-3. All new structures shall provide roofing materials of a Class B roofing assembly
or better.
K-4. All new structures shall install automatic fire sprinkler systems that meet National
Fire Protection Association Standards, in accordance with the provisions of the
Code of the City of Seal Beach. '
I
K-S. All water mains and hydrants shall provide required fire flows in accordance with
requirements of the Orange County Fire Authority.
K-6. All structures shall be constructed pursuant to Uniform Building Code
requirements relative to fire protection.
K-7. The project proponent will pay the statutory school fee, as applicable to the
project, to the Los A1amitos Unified School District. Current capital facility rates
allowed for the mitigation of school impacts in the State are set at $1.72 per
square foot of ass,essable space for residential construction and $0.28 per square
foot for commercfallindustrial projects.
L UTUUnlES/SERVICESYSTEMS
L-l. All water lines and related facilities shall be designed and installed pursuant to the
requirements of the City of Seal Beach. Detailed improvement plans shall be
prepared and submitted to the City of Seal Beach, Engineering Department for
review and approval prior to project construction.
I
L-2. The project applicant shall be required to pay their "fair-share" cost for
improvement of any off-site water facilities necessary to serve the proposed
project.
L-3. Automatic sprinkler systems, soil sensors or other best available technology shall
be utilized in the irrigation of the reconfigured golf course and other landscaped
areas.
1.-4. Mulch and other soil covers shali be utilized in all landscaped areas in order to
reduce irrigation demands and increase ~e water-holding capacity of the soil.
L-S. The proposed project shall comply with local and State laws requiring water
efficient plumbing fixtures in order to minimize water consumption. These laws
mandate the use of low volume flush toilets in all buildings; establish efficiency
standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit
the use of non-conforming or substandard plumbing fixtures; and establish pipe
insulation requirements to reduce the amount of water used before hot water
reaches the fixture.
I
L-6. If available, reclaimed water shall be utilized to irrigate the reconfigured golf
course and landscaped areas. The on-site water distribution system shall be
initially designed and constructed in a manner to provide separate reclaimed water
lines for landscape irrigation areas. The proposed project shall comply with all
City of Seal Beach and Regional Water Quality Control Board Requirements for
the installation and operation of this reclaimed water system.
L-7. All sewer and reclaimed water lines and any related facilities shall be designed
. and installed pursuant to the requirements of the City of Seal Beach and the
County Sanitation District of Orange County. Detailed improvement plans shall
be prepared and submitted to the City of Seal Beach and the County Sanitation
District of Orange County for review and approval prior to project construction.
L-8. The project applicant shall be required to pay their fair share cost of any off-site
wastewater transmission or treatment facilities as well as required sewer
connection fees to the City of Seal Beach.
Ordinance
Number /I/~t:'
L-9. Concurrent with approval ofsite plans for proposed commercial, hotel, restaurant,
seniors care and residential uses, detaited plans shall be submitted delineating the
number, location, and general design of solid waste enclosures and storage areas
for recycled material.
L-IO. The project developer shall adhere to all source reduction programs for the
disposal of construction materials and solid waste required by the City of Seal I
Beach.
L-ll. A facility shall be provided adjacent to or within the reconfigured golf course for
the collection of green waste from the golf course and other on-site landscaped
areas. Collected green waste shall either be composted and used on-site or be
made available to the City for collection.
L-12. Prior to issuance of a building permit, the project proponent shall complete a
Master Water Study for submittal to the Seal Beach Public Works Department.
The study should assess available water resources and improvements to the water
system required to serve the proposed project and meet fire flow demands. The
specific contents of the study should be detennined in coordination with the
Public Works Department. The project applicant shall reimburse the City for the
costs of an independent third party peer review of this study.
L-13. Based on the recommendations contained in the Master Water Study, the project
proponent shall pay a fair share of the cost required to offset project impacts on
off-site water systems.
L-14. Monitoring of landfills is outside the jurisdiction of the City of Seal Beach.
Monitoring of the landfills on the Los A1amitos AFRC by the AFRC should be
conducted to detennine the potential for subsurface methane gas at these
locations. If significant amounts (five percent of volume) of methane gas are
found in these monitoring samples, mitigation activities by the AFRC should
include the necessary passive venting systems, building liners or other methods to
prevent those gases from impacting future project development on private
properties adjacent to the AFRC.
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M. AESTHETICS
M-l. Prior to issuance of building pennits for any proposed commercial, hotel,
restaurant, senior care facility, or residential uses, the project proponent shall
submit project plans (including landscape plans and illustrative elevations) to the
Director of Development Services for approval. Said plans shall reflect ,the
following:
c All 'open areas not used for buildings, including but not limited to: parking
lots, service areas, walls, walkways, and 'courtyards shall be attractively
landscaped in accordance with landscape plans prepared by a licensed
landscape architect.
c Concentrated perimeter landscaping shall be installed along Seal Beach
Boulevard, Lampson Avenue and the 405 Freeway northbound off-ramp in
order to maintain and enhance views from along these roadways.
I
c A fully automated irrigation system shall be included in the landscape plans
for the project and all landscaped areas should be maintained in good
condition throughout the life of the project.
c All buildings and landscaping proposed for the site shall present a cohesive
image with attention to compatible materials, building proportion, signage,
and architectural styles.
Ordinance Number /~
lJ All proposed signage and identification used for buildings, parking lots,
access roadways, etc. shall comply with the sign ordinance of the City of Seal
Beach.
I
lJ To the degree feasible, the bulk of buildings shall be minimized through
articulation of the building mass with offsets, stepped terraces, changes in
plane, and other such methods in order to reduce the visual impact of the
project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor
Highlands and the 40S Freeway.
lJ Rooftop equipment shan be screened from an off-site vantage points and
mechanical equipment shall be contained within rooftop enclosures. Rooftop
screening materials shan be complimentary in material and color to the
building's exterior. Rooftop structures, unless an integral part ofthe building's
design, shall not exceed the maximum allowed parapet elevation.
lJ Service areas shan be screened from off-site view and trash containers shall be
enclosed using materials complimentary to the commercial buildings.
M-2. Prior to submittal of final project plans, a photomontage showing illustrative
project elevations in their proposed setting shan be prepared by the project
proponent and submitted to the City Development Services Department to
i1\ustrate how views from the Seal Beach Boulevard, the 40S Freeway northbound
off-ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the
Bixby Office Park would be altered by the proposed project. The photomontage
shan demonstrate compliance with Mitigation Measure M-I above.
I
M-3. Prior to approval of final project plans, a landscape plan for common areas of the
project site including street trees, shall be prepared by a licensed landscape
architect and submitted to the Director of Development Services, and the City
Street Tree Division of the Parks & Recreation Department for approval after
review and comment by the City Tree Preservation Committee. This plan shall
include a 40-foot landscaped setback along the Seal Beach Boulevard frontage
containing the existing eucalyptus tree row.
M-4. An inventory and relocation plan for existing trees on-site shall be submitted to
the Development Services Department for approval prior to issuance of building
permits. Where trees cannot be relocated, the City shall require the replacement
of mature trees pursuant to the following ratios: a) eucalyptus: 4 to I using
24-inch box trees and b) non-eucalyptus: 2 to I using 36-inch box specimens.
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M-S. A Eucalyptus Windrow Preservation Plan shall be prepared by a licensed arborist
or a landscape architect and submitted to the Department of Development
Services and the Street Tree Division of the Parks & Recreation Department for
review and approval prior to or concurrent with tentative parcel/tract maps or
grading permits. Said plan shan include a long-term maintenance and financing
component which shall be included in ,the Development Agreement to be
executed between the project proponent and the City of Seal Beach.
M-6. A Eucalyptus Tree Removal Permit shall be obtained by the project proponent as
required for the proposed removal of on-site eucalyptus trees with a trunk
diameter greater than 12 inches prior to or concurrent with tentative parcel/tract
maps or grading permits.
M-7. The ten foot high landscaped berm along Lampson Avenue adjacent to the
proposed driving range shall be as steep aJid as close to Lampson Avenue as
possible to shield views from this roadway. Plans shall be approved by the City
Engineer as part of the approval of golf course grading plans.
M-B. The area vacated !Jy the existing driving range which fronts on Lampson Avenue
shan have a landscaped buffer planted and maintained along the project-side of
Ordinance Number
14tH;
the roadway edge. This shall be completed prior to tinal inspection of the
relocated public/private driving range.
M-9. A landscaped buffer of no less than ten (10) feet shall be provided along the
northern perimeternfDevelopment Area D (the proposed residential site) and the
eastern perimeter of Development Areas A (Old Ranch Towne Center) and D to
ensure privacy and screen views to and from the adjacent residential
neighborhood in Los Alamitos. This shall be completed prior to the tinal I
inspection of any building within these development areas.
M-IO. Prior to issuance of a building permit, a lighting plan for the project site
specifying the location and type of all exterior light sources, including street
lights, parking lot and driving range lights, shall be prepared and submitted to the
Department of Development Services for approval.
M-Il. Street, parking lot, and other common area lighting shall use low or high-pressure
sodium units, metal halide, clean luca10x or other efficient lighting technology.
The project proponent shall reimburse the City for the costs of an independent
third party review of lighting plans.
M-12. All outdoor light,ing should be shielded, directed downward, and have sharp
cut-off qualities at property lines, in order to minimize light and glare spillover
effects.
M-l3. The landscape plan for the project shall concentrate landscaping along the
periphery of the site and in other areas to minimize impacts on adjacent uses from
automobile headlights and other light sources.
M-14. Commercial buildings as well as the proposed hotel, restaurant, and senior care I
structures shall use minimally reflective or tinted glass and all materials should be
selected with attention to minimizing glare impacts to off-site areas, particularly
the AFRC, the 40S Freeway, Seal Beach Boulevard, Lampson Avenue, and
adjacent residential uses.
M-IS. Paved areas should be textured, and large expanses of concrete or high gloss tile
should be avoided.
M-16. Interior parking lot landscaping shall cover no less than S% of the parking lot
areas on-site.
N. CULTURAL RESOURCES
N-l. A Phase I archaeological' survey shall be undertaken by an archaeologist and
Native American monitor appointed by the City of Seal Beach City Council prior
to any earth moving operations. The Archaeological Advisory Committee shall
review and provide comments and recommendations to the City Council
regarding the proposed scope of tield investigation to be completed for the Phase
I survey. Such scope of work shall contain at a minimum the following: a
description of the walk-over field survey methodology, including transect tield
spacing for the walk-over; a description of the subsurface tield sampling plan to
be utilized, consisting of test borings and minimum Ixl meter test pits; and a I
description of additional field investigations if cultural resources are identified in
the Phase I Investigation.
N-2. Earth removal or disturbance activities related to rough grading and other
excavation for foundations and utilities that extend below five feet of the
pre-grading surface elevation. If any earth removal or disturbance activities result
in the discovery bf cultural resources, the project proponent's contractors shall
cease all earth removal or disturbance activities immediately and notify the City
selected archaeologist and/or Native American Monitor, who shall immediately
notify the Director of Development Services. The City selected archaeologist
will have the power to temporarily halt or divert the excavation equipment in
Ordinance Number /J/4t:J
order to evaluate any potential cultural material. The City selected archaeologist
shall evaluate all potential cultural findings in accordance with standard practice,
the requirements of the City of Seal Beach Archaeological and Historical
Element, and other applicable regulations. Consultation with the Native
American Heritage Commission and data/artifact recovery, if deemed appropriate,
shall be conducted.
I
N-J. If potentially significant cultural resources are encountered during earth removal
or disturbance activities, a "Test Phase", as described in the Archaeological and
Historical Element of the City General Plan is required and shall be performed by
the City selected archaeologist, and if potentially significant cultural resources lire
discovered, a "Research Design document" must be prepared by the City selected
archaeologist in accordance with the provisions of the Archaeological and
Historical Element of the General Plan. The results of the test phase investigation
must be presented to the Archaeological Advisory Committee for review and
recommendation to the City Council for review and approval prior to continuation
of earth removal or disturbance activities in the impacted area of the pro~sed
project.
N-4. Project-related earth removal or disturbance activity is not authorized until such
time as the "Test Phase" research is completed and accepted by the City Council
and until a written "Authorization to Continue Earth Removal-Disturbance
Activity" is issued by the Director of Development Services to applicant for the
impacted area of the proposed project.
N-5. During all "test phase" investigation activities occurring on site, the City selected
archaeologist and the Native American monitor shall be present to conduct and
observe, respectively, such "test phase" investigation activities.
I
N-6. Should any human bone be encountered during any earth removal or disturbance
activities, all activity shall cease.immediately and the City selected archaeologist
and Native American monitor shall be immediately contacted, who shall then
immediately notify the Director of Development Services. The Director of the
Department of Development Services shall contact the Coroner pursuant to
Section 5097.98 and 5097.99 of the Public Resources Code N. relative to Native
American remains. Should the Coroner determine the human remains to be
Native American, the Native AmeriClin Heritsge Commission shall be contacted
pursuant to Public Resources Code Section 5097.98.
N-7. If evidence of subsurface paleontologic resources is found during construction,
excavation and other construction activity in that area shall cease and the
contractor shall contact the City Development Services Department. With
direction from the City, a Orange County Certified Paleontologist shall prepare
and complete a standard Paleontologic Resource Mitigation Program.
O. RECREATION
I
0-1. Prior to final approval of a vested tentative tract map, the project applicant shall
enter into a Development Agreement with the City of Seal Beach which shall
specity that the project proponent will:
, a)
b)
c)
offer for dedication to the City of Seal Beach the 6.74 acre Bixby Old
Ranch Tennis Club facility for public recreation purposes;
provide ~ on-site joint use public/private driving range; and
provide a: 2.5 acre improved park facility adjacent to the residential
component of the Project.
Ordinance Number J~
EXlDBIT "J"
PERMISSIBLE ENCUMBRANCES ON OLD RANCH TENNIS CLUB
(TO BE DETERMINED AT TIME
OF FlNAL SUBDIVISION MAP APPROVAL)
I
I
I
Ordinance Number l.v~
EXmBIT "K"
I
PERMISSmLE ENCUMBRANCES ON AREA "B"
GREEN BELT AREA
(TO BE DETERMINED AT TIME
OF FlNAL SUBDIVISION MAP APPROVAL)
I
I
Ordinance Number /~
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F..xHIBIT "L"
LOCATION OF MONUMENT SIGNS
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Ordinance Number /41~~
EXlUBIT "L" LEGAL DESCRIPTION
I
Portion A:
In the City of Seal Beach, County of Orange, State of California, being a portion of
Parcell ofTentative Parcel Map Number 97-165, described as follows:
Beginning at the northeasterly terminus of the northerly boundary of Parcel 1 of said
Tentative Parcel Map, said point being the easterly terminus of a curve having a radius of
42.25 feet and a length of 80.97 feet; thence southeasterly along a non-tangent curve,
concave southwesterly, having a radius of 760.00 feet, a radial line of said curve bears N
41021'29" E, a distance of 12.92 feet; thence S 76016'40" E a distance of 85.19 feet;
thence northeasterly along a non-tangent curve, concave northwesterly, having a radius of
1181.39 feet, a radial line of said curve bears S 67045'11" E, a distance of 14.23 feet;
thence northeasterly, easterly and southeasterly along a compound curve, concave
southerly, having a radius of 42.25 feet, a distance of 80.97 feet to the point of beginning.
The above describes an area of 1,755 square feet, more or less.
Portion B:
I
In the City of Seal Beach, County of Orange, State of California, being an undivided
portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base
and Meridian, in the Rancho Los A1amitos, as per the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
Beginning at the northeasterly terminus of the northerly boundary of Parcel 1 of said
Tentative Parcel Map, said point being the easterly terminus of a curve having a radius of
42.25 feet and a length ofBO.97 f~; thence N 45075'52" E a distance of79.54 feet to the
TRUE POINT OF BEGINNING; thence northwesterly along a non-tangent curve,
concave southwesterly, having a radius ofB40.00 feet, a radial line of said curve bears N
40002'41" E, a distance of 69.41 feet; thence N 00011'28" E a distance of 71.82 feet;
thence S 25034'49" E a distance of 126.65 feet to the TRUE POINT OF BEGINNING.
The above describes an area of 1,944 square feet, more or less.
I
Ordinance Number;l~~
EXlUBIT "M"
PERMISSIBLE ENCUMBRANCES ON MONUMENT SIGN
EASEMENT AREA
I
(TO BE DETERMINED AT TIME
OF FINAL SUBDMSION MAP APPROVAL)
I
I
I
I
I
Ordinance Number I~~
EXlDBIT "N"
LOCATION OF MEDIAN LANDSCAPING
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~O.I I ; i ;~ EXHIBIT
I ~ l I au, RANCH TOWN CENTER
BIXBY RANCH COMPANY
INCLEDaN KIlK ENRiIHRI ..."SOt/J
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Ordinance Number~~t'
EXlDBIT "0"
DEDICATION REQUlREMENI'S
Reference Section 3.1.1.1: 2.5 acre park
Reference Section 3.1.1.4: Landscaped green belt of approximately 5 acres in the
general location and shape shown on Exhibit "G"
Reference Section 3.2.5.1: Old Ranch Tennis Club, including all rights to existing
cellular transmission towers
Reference Section 3.2.5.2: Community Police Center
Reference Section 3.2.5.3: Green Belts
Reference 'Section 3.2.5.4: Monument Signs.
Reference Section 3.2.5.5 Median Landscaping
Reference Section 3.2.5.7: Lampson Avenue Enhancements
Reference Section 3.2.5.10: Water Well Site
Reference Section 3.2.5.13: Quitclaim Interest in Los Alamitos Armed Forces Reserve
Center
I
I
I
Ordinance Number;l~
EXHIBIT "P"
I
SCHEDULE OF EXISTING DEVELOPMENT IMPACT FEES
City of Seal Beach
Comprehensive Fee Schedule
Adopted on~B h9by Resolution4~
I
I
Ordinance Number I~~
RESOLUTION NO.
A RESOLUTION OF TIlE CITY COUNCll.. OF TIlE CITY OF SEAL BEACH
ESTABLISHING TIlE RATES AND AMOUNTS OF FEES AND CHARGES FOR
GOODS, SERVICES AND FACll..ITIES PROVIDED ~y TIlE CITY OF SEAL
BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS
4114,4195,4234,4250,4442,4494,4499,4519,4545,4550
WHEREAS, the City Council is empowered to impose reasonable fees. rates, and charges for
municipal services; and
I
WHEREAS, the City Council has detennined that the fees, rates, and charges should cover the costs
reasonably borne or a substantial portion of the actual costs of the goods and services
provided by the City; and
WHEREAS, the City Council has determined that fees. rates, and charges for municipal services do
not cover the actual costs under the current fee schedules;
NOW, THEREFORE, BE IT RESOLVED, the City Council of the City ofSea1 Beach hereby
establishes the amount of certain fees, rates and charges, and restates that amount of other fees, rates,
charges and taxes as follows:
SECTION 1, Administrative Fees
A. Documents
The following fees are established to reimburse the City for 'costs relative to filling public requests for
copies of non-confidential records, codes. brochures, booklets and patent materials not marked for
general distribution. .
Photocopies of individual pages of Ordinances, Resolutions, Contracts, Agreements and any of the
documents listed in this section and any other documents, publications and reports not listed.
I
1. Copy charge.................. ...... ............ ......... ......... ...... ...... ......... .,. ......$O.I5/page
2. City Charter ......... ........ ............ .... ......................................... .......... ....................... .$10.50
3. Municipal Code
Complete .................................. ........ ...... ............... .................................. .... 570.00
Municipal Code ...........................................................................................$0.35/page
4. Zoning Ordinance
Complete .....................................................................................................$35.00
5. General Plan
Complete................ ..... ........... ..... ......................... ........................................$65.00
6.
Ordinances. Resolutions. Contracts. Agreements:
a. Copy charge............... ......................... ............................................. .... .... ....$0.1 5/page
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7. Minutes
Regular basis. ........ ................. ... ......... .... .... ...................... ...................... .$50.00 annually
with selt7addressed stamped envelopes.
8. Agendas
Regular basis..................... ..................... ... .............................. ......$25.00 annually
w/se1f addressed stamped envelopes.
9. Economic Interest Disclosure and
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I
Ordinance Number ,1~~
Campaign Statements (as required by State Law)........... ....................... ....S 0.10/page
10. Election Documents............ ...... ...... ...... ... ...... ......... ... ,.. ... ... ......... ...S 0.15/page
11. Postage.
All items that are requested to be mailed shall have the cost of postage added to
the fees set forth, with the exception of copies of minutes and agendas.
B. Returned Check Fee
Any person issuing a bank draft, note or check which is returned by a financial institution due to
insufficient funds or a closed account or is otherwise dishonored, shall be charged the sum of
S25.00 for processing each such check. Said amount shall be included in the total sum of all bills,
charges, or fees otherwise due and owing to the City.
SECTION 2. Building Fees
A. Microfilminl! Fee
1. For each sheet up to 8 1/2" x 11" in size
(at time ofpennit issuance)......... .................. ......... ..................... ........ ..SO.75/sheet
2. For each sheet larger than 11" x 17"
or larger... ................................. ............... ..................... ... ......... .... ..S1.50/sheet
3.
Copy ofmicrofihned documents...... ............... ..................................... ....SO. 15/page
B. Buildinl! Pennit Fees
1. Building permit fees shall be collected according to the following schedule:
TABLE A
Total Valuation
Fee
SI.00 to S500.00
10% of the permit valuation.
S501.00 to S2,OOO.00
S81.65 for the first S500.00 plus S2.75 for each additional
S100.00 or fraction thereot: to and including S2000.00.
S2,001.00 to S25,000.00
S123.00 for the first S2,000.00 plu~ S12,50 for each
additional SI,ooO.OO or fraction hereof, to and including
S25,000.00.
S25,001.00 to S50,000.00
$410.50 for the first S25,000,OO plus S9.00 for each
additional SI,OOO.OO or fraction thereof, to and including
S50,000.00
S50,001.00 to SI00,000.00
S635.50 for the first S50,000,OO plus S6.25 for each
additional SI,OOO.OO or fraction thereof, to and including
S100,000,OO
SI00,001.00 to S 500,000.00
S948.00 for the first SI00,000.00 plus S5.00 for each
additional $1,000.00 or fraction thereof, to and including
$500,000.00
S2,940.00 for the first S500,000.00 plus S4.25 for each
additional $1,000.00 or fraction thereof, to and including
S500,001.00 to SI,OOO.OOO.OO
Ordinance Number /~t'
$1,000.000.00
$1,000,000.00 and up
$5,073.00 for the first $1,000,000.00 plus $2.75 for each
additional $1,000.00 or fraction thereof
2.
A building valuation data sheet sha11 be used in conjunction with the fee schedule established in
Section 2.B.l. The source of that sheet sha11 be the most current Building Valuation Data
printed in the Building Standards, which is a bi-monthly publication by the International
Conference of Building Officials, 5360 S. Workman Mill Road, Whittier, CA, 90501.
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3. General Plan and Geographic Information System Update - Surcharge $.0015 x value of
building levied with building pennit.
4. Miscellaneous Valuation Table
a. Pool Fee
(1) Swimming Pool.................................................$3,000+$13.50 per square foot
+$550 for heater
(2) Spa ...................................................................$1,400+$11.25 per square foot
+ $550 for heater
b. Patio Fee
(1) Open............................................................................. $11.25 per square foot
(2) Screened ....................................................................... $22.50 per square foot
c. Fences & Block Walls.......................................................... $22.50 per linear foot
d.
Signs
(1)
(2)
Free Standing.......................................................... $33.75 per square foot
each face)+$300.00
Wall Signs............................................................... $22.50 per square foot
I
e. Roofing
(1) Composition & Gravel......,......................................... $101.25 per square foot
(2) Composition Shingles.................................................. $101.25 per square foot
(3) Wood Shingles............................................................ $146.25 per square foot
(4) Wood Shakes.............................................................. $207.50 per square foot
(5) Clay Tile ..................................................................... $270.00 per square foot
5. Plan Check Fees
a. Valuation must exceed $1,000.00 and a plan is required, then a fee shall be paid of65%
of the building pennit fee.
b. When a plan or other data is required to be submitted for work related to mechanical,
electrical or plumbing, a plan check fee of 65% of the total pennit fee (excluding initial
permit fee) shall be required,
6.
Miscellaneous Fees
I
a. Swimming Pool Fee.................................................................................. Table A
Based on Valuation
b. Spa Fee..................................................................................................... Table A,
Based on Valuation
.Public Works Bond for Damages to
Public Improvements .........................................................$ 385.00
.Public Works Street Pennit/
Rubbish Container ...............................................................$ 25.00
Ordinance Number"~~~
c. Patio Fee ...................................................................................,..,........... Table A,
Based on Valuation
d. Fences and Block Walls ............................................................................ Table A,
Based on Valuation
e.
Sign Fee ................................................................................................... Table A,
Based on Valuation
Roofing Fee.............................................................................................. Table A,
Based on Valuation
I
f.
g, Sandblasting ..............................c.................... $.06 per square foot of wall surface
h. Tent Fee...Up to 1,000 square foot ..............................................................$38.00
Each additional 1,000 square foot. of fraction thereof..................................$12.75
i. Renewal of Expired Pennits. A fee of one-half the total amount for a new permit for
such work, provided no changes have been made or will be made in the original plans
and specifications for such work; and provided that such suspension or abandonment has
not exceeded one full year, in which case a full fee shall be required.
j. Temporary Certificate of Occupancy .......... ....... ................... ...... .... .... ,.. ....... $64.00
k. Demolition Permit Fee. .. (Table A) contract price for demolition work
L. Moving Permit Fee.. . (Table A) valuation based on contract price.
(Special investigative fee required)
7. Soecial Sen'ice Fees
I
a.
Special Investigative Fee - charged for a special inspection by a City Building Inspector:
Affected Floor Area
0-2,500 square feet
2,501-5,000 square feet
5,001-7,500 square feet
7,501-10,000 square feet
Each additional 10,000
Square feet or fraction thereof
~
$190.00
$380.00
$575.00
$765.00
$200.00
b. For inspections requested by a permittee to be made outside ofnonnal business
hours... ......... ...... ... ......$60.00 per hour, minimum of one hour, plus all other fees.
c. For inspections determined by the Building Official to be excessive and beyond at least
one (I) re-inspection of an item of work caused by faulty workmanship or work not
ready for inspection at time of request... ... ... ... .. . ... ... ... ... .... $50.00 per inspection.
d. Additional plan check review by changes, additions or revisions to approved
plans......... ......... ......... ...... ...... ........... $50.00 per hour, minimum of one hour.
I
e.
Inspection for any change of occupancy classification, use type (as indicated in Table 5a
of the Unifonn Building Code) or certification of compliance with Building Codes and
ordinances not otherwise provided for......... ......... ............... ............ ...$100.00
Inspections for which no fee is specifically indicated (minimum charge is one half-hour)
f.
.................................................... ......................... ......... .... ....$40,00
8. Electrical Code Fees:
a. For issuing each permit ................................................................................$22.00
b. When electrical permits are not obtained in conjunction with other types of permits;
minimum fee..... .... ................ ........... ........ ....... .... ........ ........... ....... .......... ..... $22. 75
Ordinance Number 1'41~
Services
Each service switch 300 volts or less - $,OI8/amp,
Each service switch 301 volts to 600 volts - $.05/amp. Each service switch over 600
volts- $.090/amp.
In addition, the following fees slia11 apply to electrical systems contained within or on any
new structure, including new additions to existing structures.
c.
(1)
(2)
(3)
(4)
$ .00640 per square foot:
(a) Warehouse - that part which is over 5,000 square feet
(b) Storage garages where no repair work is done
(c) Aircraft hangers where no repair work is done
$ .01375 per square foot:
(a) Residential accessory buildings attached or detached, such as garages,
carports, sheds, etc.
(b) Garages and carports for motels, hotels and commercial parking.
(c) Warehouses up to and including 5,000 square feet.
(d) All other occupancies not listed that part which is over 5,000 square feet.
$.028 per square foot:
All other occupancies not listed up to and including 5,000 square feet.
$.0028 per square foot:
Temporafy wiring during construction.
I
d. TemDorarv Service
(1) Temporary for construction service, including poles or pedestals,
Each...................... ,. ......,.......................... ......... ........ ..$17.00
(2) ~~:::~~~e:.:~=o~~~.~~~~.:.~~~.~~.~~~~ ~.~:~c~etion I
(3) Additional supporting poles, each... ..................................................$ 5.00
(4) Temporary service for decorative lighting, Christmas sales lot, etc.... $ 9.00
e. Miscellaneous
(1) Area lighting standards up to and including 10 on a site, each... ......... ...$ 5.00
Over 10 on a site, each... ............ ......... ...... ...... ......... ............ ...$ 2.50
(2) Private residential swimming pools including supply wiring, lights, motors and
bonding............. ... ......... ..................... ........................ ....... .$34.00
(3) Commercial swimming pools...... ... ............ ......... ...... ............ ....$68.00
(4) Inspection for reinstallation of idle meter (removed by Utility Company) $12.75
f. Illuminated Si~s. New-Relocated or Altered
Square Feet:
Up to and including 5...................................................................................$12.75
Over 5, not over 25......................................................................................$15.25
Over 25, not over 50....................................................................,...............$20.50
Over 50, not over 100..................................................................................$28.00
Over 100, not over 20... ............ ...... ...... ...... .................. ... ...........$30.50
Over 200, not over 300... ......... ............ ......... ...... ...... ............... ...$38.25 I
Over 300:........ ...... ............ ... ...... ............ ...... ...... .......$0.125 per square foot
g. Overhead Line Construction
Poles and anchors, each... ............ ............ ...... ...... ...... ......... ......... $ 5.00
h. Alternate Fee Schedule. Alterations, additions and new construction
where no structural work is being done or where it is impractical to use a
Square footage schedule; convert to units as follows, charging $ 3.80 for
each unit:
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NOTE:
I 9.
e.
f.
g.
h.
I i.
j.
k.
Ordinance Number~~~
For each 5 outlets or fraction thereof where current is used or controlled ...... 1 unit
For each 5 lighting fixtures or fraction thereof where current is used or .
Controlled... .................................".............................................................. 1 unit
For multi-assembly (festoon type plug mold etc.), each 20 feet or fraction
f 1 't
thereo .. ................. .... ....... ............................ ...................... ......................... urn
i.
Power Annaratus
For equipment rated in horsepower (HP), kilowatts (KW), or kilovoltamperes (KV A),
the fee for each motor, transformer, and/or appliance shall be:
o to 1............................................................................................................$ 3.85
Over 1 and not over 10......... ............ ............ ............ ...... .............$ 8.50
Over 10 and not over 50 .............................................................................$17.00
Over 50 and not over 100 ...........................................................................$34.00
Over 100, each ...........................................................................................$51.00
j.
(1) For equipment or appliances having more than one motor or heater, the
sum of the combined ratings may be used to compute the fee.
(1) These fees include all switches, circuit breakers, contracton, relays and
other directly-related control equipment.
Other Insnections and Fees
(1) Inspections outside ofnorma1 business hours ......................... Section 287
(2) Re-inspection .......................................................................... Section 287
(3) Additional Plan Check Review ................................................ Section 287
(4) Miscellaneous apparatus, conduits, and conductors for electrical apparatus,
conduits and conductors for which a pennit is required but for which no fee is
herein set forth .............................................:..................................$ 12.50
.
Plumbinl! Code Fees
a. For issuing each permit ................................................................................$22.00
b. When plumbing pennits are not obtained in conjunction with other types of pennits.
Minimum fee............... ............... .... ....... ............... .............. ... ....................... $22. 75
c. For each plumbing fixture or trap or set of fixtures on one trap (including water,
drainage piping and back flow protection .......................................................$7.00
d. For each building sewer and trailer park
sewer... ........ ........ ........... .... .... ................. ........................................ ... '" ...... $1 5.00
Rainwater system - per drain (inside building )......................... ............ $7.00
For each cesspool (where permitted .............................................................$25.00
For each private sewage disposal system......................................................$40.00
For each water heater and/or vent.................................................................$ 7.00
For each gas piping system of one (1) to five (5) outlets................................$ 5.00
For each additional gas piping system per outlet .........................................$ 1.25
For each industrial waste pre-treatment interceptor, including its trap and
vent, excepting kitchen type grease interceptors functioning as fixture
traps ..... .... .... .... .... .... ....... .... .... .... ... .... '" .......... ....... .... .... ....... ....... ...... ..........$ 7.00
1. For each installation, alteration or repair of water piping and/or water
treating equipment .... ................................. ................................... ............ ....$ 7.00
Ordinance Number 1#"
m. For drainage or vent repair or alteration of piping .........................................$ 7.00
n. For each lawn sprinkler system or anyone meter,
including back flow protection devices..........................................................$ 7.00
p.
q.
o. For atmospheric type not included in Item M, one(l) to five (5)................$ 7.00
Six (6) or more each of the above .................................................................$ 1.00
For each back flow protective device other than atmospheric type
vacuum breakers:
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(1) Two (2) inch diameter and smaller... ............... ......... ............ ...$ 7.00
(2) Over two (2) inch diameter............ ......... ...... ...... ............... ...$15.00
r. For each gray water system... ... ... ...... ...... ... ... ... ...... ... ......... ... ... ......$40.00
s. For initial installation and testing ofa reclaimed water system...... ...... ...$30.00Ihour
t. For each annual cross-connection testing of a reclaimed water system
(excluding initial test)............................................................ ...$30.00Ihour
u. Other inspections and fees:
(1) Inspection outside of normal
business hours......................................................................... Section 2B7
(2) Re-inspection .......................................................................... Section 2B7
(3) Additional Plan Review ........................................................... Section 2B7
v. Sewer Connection permit fee...... ... ... ... ......... ...... ... ...... ... .......up to $25.00
10.
Mechanical Code Fees
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a. For the issuance of each permit ....................................................................$22.00
b. When mechanical pennits are not obtained in conjunction with other
types ofpennits, minimum fee shall be... ...... ... ...... ... ...... ... ...... ... '" ...$22.75
c. For the installation or relocation of each forced air or gravity-type
furnace or burner, including ducts and vents attached to such
appliance, up to and including 100,000 BTUIH............ ......... ......... ....$13.25
d. For the installation or relocation for each forced air or gravity-type
furnace or burner, including ducts and vents attached to such
appliance over 100,000 BTUIH............ ......... ...... ......... ......... .......$16.25
e. For the installation or relocation of each floor furnace, including
wall heater or floor-mounted unit heater...... ......... ............... ......... ...$ 13.25
f. For the installation, relocation or replacement of each suspended
heater, recessed wall heater or floor mounted unit heater............ ..........$ 13.25
g.
For the installation, relocation or replacement of each appliance vent
installed and not included in an appliance pennit................................ $ 6.50
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h. For the repair of, alteration of, or addition to each heating appliance,
refrigeration unit, cooling unit, absorption unit, or each heating,
cooling, absorption or evaporative system to and including
100000 BTUIH $ 12.25
, ..........................................................................................
i. For the installation or relocation of each boiler or compressor
to and including three horsepower, or each absorption system to and
including 100,000 BTUIH...........................................................................$ 13.25
Ordinance Number ;I~~~
j. For the installation or relocation of each boiler or compressor
over three horsepower to and including 15 horsepower, or each
absorption system over 100,000 BTUIH and including 500,000 BTUIH.....$24.25
k. For the insta1lation or relocation of each boiler or compressor
over 15 horsepower to and including 30 horsepower, or each
absorption system over 500,000 BTUIH to and including
1,000,000 BTUIH............................................................... ..... $33.25
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I.
For the installation. or relocation of each boiler or compressor
over 30 horsepower to and including 50 horsepower, or each
absorption over 1,000,000 BTUIH to and including
1,750,000 BTUIH... ............ .............. .............. ....... ............................. ......... $49.50
m. For the installation or relocation of each boiler or refrigerator
compressor over 50 horsepower, or each absorption system over
1,750,000 BTUIH.......... ............ ................. ..... ........... ................................. $82.75
n. For each air handling unit to and including 10,000 cubic feet
per minute, including ducts attached thereto.. .. .. .... . .. .. ... ... .. ... .... ... .... $ 9.50
Note: This fee shall not apply to an air handling unit which is a portion of a factory
assembled appliance, cooling unit, evaporative cooler or absorption unit for which a
pennit is required elsewhere in this Resolution.
o. For each air handling unit over 10,000 CFM ................................................$16.15
p. For each evaporative cooler other than
portable type............... .......................................................... ........................$ 9.50
q.
For each ventilation system which is not a portion of any heating
or air conditioning system authorized by a pennit... ... ...... '" ...... .......... ...$ 9.50
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r.
For each ventilation fan connected to a single duct... ...... ...... '" ...... ... ......$ 6.50
s. For the installation or relocation of each domestic type incinerator........... ...$16.25
t. For the installation of each hood which is served by mechanical
exhaust, including the ducts for such hood............ ...... ...... ............... ...$ 9.50
u. For the installation or relocation of each commercial or industrial
type incinerator..................................................................... ....$66.50
v. For each appliance or piece of equipment regulated by the Uniform
Building Code but not classified in other appliance categories,
or for which no other fee is listed in this Code.:. ...... .......................... $ 9.50
w. Duct extensions, other than those attached, each... ......... ......... ......... ...$ 5.00
x. When Chapter 22 of the Uniform Building Code is applicable, pennit
fees for fuel-gas piping shall be as follows:
(1) For each gas-piping system of one to four outlets... ........... ........ $ 5.50
(2) For each gas-piping system offjve or more outlets, per outlet........ $ 1.00
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y.
Other Inspection Fees
(1) Inspection outside of normal hours.......................................... Section 2B6
(2) Re-inspection .......................................................................... Section 2B6
(3) Additional Plan Reviews.......................................................... Section 2B6
11. Refunds. If construction has not commenced, a refund of eighty percent (80%) of the
pennit fee will be allowed when pennits are cancelled at the request of the pennittee. No permit
fee will be refunded for any pennit which has expired. No refund will be made of the plan check
fee when the plan check service has been performed. A refund of 80% of the plan check fee will
be returned if the plan check service has not been performed.
Ordinance Number I~
C. Construction Excise Tax
1. Rates
a.
Residential Units .
(1) Single Family............... .:....... ....................................... ..................... $8S.00
(2) Duplex (each)................................... ......................... ....................... $8S.00
(3) Apartment (each) .............................................................................$62.S0
(4) Bachelor (each) ................ ...... ................................................... ....... $62.S0
(S) Mobile Home Space (each) ..............................................................$51.00
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b.
Commercial - per square foot -
.....................................................................
$.OS
c.
Industrial - per square foot -
..........................................u.............................
$.OS
2. Delinquency Charge. Twenty-five percent of tax plus interest cost of 1.00"/0 per month.
D. Environmental Reserve Tax
1. Fee on new residential living unit construction.
a. First three (3) floors ofa conforming unit (per square foot)... ............ .....$ O.IS
b. First three (3) floors ofa nonconforming unit (per square foot)......... ...... $ O.3S
E. Non-Subdivision Park and Recreation Fees
1.
Single-Family Dwelling - A fee of$10,OOO is imposed upon the construction and occupancy of
each single family dwelling which results in a net increase to the City's housing stock.
Said fee is imposed to offset impacts to the City's existing park and recreation facilities
caused by the additional single family dwelling.
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2. Other Residential Uses - A fee of $S,OOO is imposed upon the construction and occupancy of
each residential dwelling unit, other than a single-family dwe1ling, which results in a net
increase in the City's housing stock. Said fee is imposed to offset impacts to the City's existing
park and recreation facilities causes by the additional dwelling unit.
SECI10N 3. Planning Fees
The following fees are charged to individuals submitting the described requests to the City Development
Services Department. Payment in full is required before issuance of necessary Grading, Building,
Plumbing, Electrical, Mechanical or any other appropriate permit.
A. Filinl! Fees
1. Conditional Use Pennit......................................................Actual Costs - $ SOO.OO deposit
2. Variance............................................................................Actual Costs _ $ 500.00 deposit
3. Zone Change...................................................................Actual Costs - $1,000.00 deposit
4. General Plan Amendment ................................................Actual Costs - $1,000.00 deposit
S. Planned Unit Development ..............................................Actual Costs - $1,000.00 deposit
6. Minor Site Review ............................................................Actual Costs - $ 100.00 deposit
7. Major Site Plan Review ....................................................Actual Costs _ $ 500.00 deposit
8. Concept Approval (Coastal) ..............................................Actual Costs - $ 100.00 deposit
9. Specific Plan....................................................................Actual Costs - $2,000.00 deposit
10 Appeal- Non-Public Hearing Matters................................................................... $100.00
11. Appeal- Public Hearing............ ....... .......... ......... ...Actual Costs - $ 500.00 deposit
12. Pre-Application Conference...............................................Actual Costs - $ 100.00 deposit
13. Property Profile..............................:...................................Actual Costs - $ 7S.00 deposit
14. Planning Commission Interpretation........................ ...Actual Costs - $200.00 Deposit
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B. Environmental Fees
/
Ordinance Number ~~~~
1. Minor Environmental Assessment (Determination)... ........ ...Actual Costs _ $ 10.00 deposit
2. Major Environmental Assessment (Initial Study)............ ...Actual Costs _ $250.00 deposit
3. Negative Declaration...... ... ...... ...... ...... ...... ...... ... '" ...Actual Costs _ $500.00 deposit
4. Environmental Impact Report ................. ......... ......Actual Costs -$10,000.000 deposit
.................. ...... ...... ......... ...... ...... ...... ...... .......plus 10% to Fire Department Cost
C. Tranloortation Facilities and Prol!raml Develooment Fees
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Land Use Tvoe
Fee/Unit
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Shopping Center (up to 175,000 square feet)
Shopping Center (over 175,000 square feet)
General Office Building
Quality Restaurant
Hotel
Single Family Detached Housing
Multi Family Attached Housing (Apartment)
Multi Family Attached Housing (Condominium)
City Park
Other Land Use Types
$8.85 per square foot of gross leasable area
$2.75 per square foot of gross leasable area
$2.99 per square foot of gross leasable area
$6.81 per square foot of gross floor area
$598.89 per room or suite
$1,057.14 per dwelling unit
$693.73 per dwelling unit
$578.64 per dwelling unit
$3,461.25 per acre
$1,031.55 per PM peak hour trip generated
D. Tranloortation Facilities and Prol!rams Develooment Aoolication F~.
Land Use Type
FeelUnit
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
Shopping Center (up to 175,000 square feet) _
Shopping Center (over 175,000 square feet)
General Office Building
Quality Restaurant
Hotel .
Single Family Detached Housing
Multi Family Attached Housing (Apartment)
Multi Family Attached Housing (Condominium)
City Park
Other Land Use Types
$1.32 per square foot of gross leasable area
$0.41 per square foot of gross leasable area
$0.45 per square foot of gross leasable area
$1. 0 1 per square foot of gross floor area
$88.45 per room or suite
$157.71 per dwelling unit
$103.37 per dwe1ling unit
$ 86.32 per dwelling unit
$516.84 per acre
$156.65 per PM peak hour trip generated
1
E. Main Street Soecific Plan Zone In -Lieu Parkinl! Fees
The following per space in-lieu parking fee is hereby established for uses on commercially zoned parcels
located within the Main Street Specific Plan Zone;
1. $3,500.00 per deficient space for all such uses established on or after'September 1, 1996. Such fee
shall be calculated by multiplying the number of parking spaces required for the use which are not
provided either on-site or within three hundred feet (300') of the parcel on which the use is situated
by $3,500.00. .
2. An annual fee of$100.00 per deficient space for all such uses established prior to September 1,
1996 which are currently operating under an existing land-use entitlement wherein as a condition
of approval the applicant agreed to participate in the City's in lieu parking program, except for
those uses governed by Section 3 hereinafter. Such annual fee shall be calculated by multiplying
the number of parking spaces required for the use which are not provided either on-site or
within 300' of the parcel on which the use is situated by $100.00.
3. For all such uses established prior to September 1, 1996 pursuant to a development agreement
wherein the applicant agreed to participate in the City's in lieu parking program, the fee per
deficient space shall be a specified in the applicable development agreement for the subject
property.
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Ordinance Number 1#-0
SECTION 4 - Police Fees
A. Alarm System Aoolication Fees
The following fees will be charged for direct and indirect alarm system applications:
1. Direct Alarm System Application Fee...........................................................SI4.00
July 1 - June 30
2.
Indirect Alarm System Application Fee ........................................................$10.00
July 1 - June 30
I
3.
False Alarm Penalties: Penalties will be assessed in the event of the following false
alarms:
a. 1st and 2nd false alarms............................................................. No Charge
3rd false alarm...... ............. ........................ ..... .................................. $25.00
4th false alarm ................ ............. .... ........ .., ......... ... ......... ..... .... ........ $50.00
5th false alarm. ..... ........ ......... ........ ........ .... ........ .... .... .... ......... ..... ... SI 00.00
6 or more false alarms ............................................................$ 150.00/each
B. Animal Control Fees
For animals licensed pursuant to Section 3-10.7(a) of the ~:
1. Dog - unaltered...........................................................................................$ 20.00
altered........................................................................................... S 10.00
2. Cat - unaltered...........................................................................................$ 10.00
altered............................................................................................. $ 7.50
3. Sr. Citizen Discount........................................................................................50%
For animals impounded At City ofSea1 Beach Animal Care Center:
1. Impound of small animals (cats, dogs, etc.):
a. Impound Fee...... ........ ........ ..... .... ............. .............. .............. ............ $25.00
b. Daily Care and Feed ........................................................................... 5.00
2. Quarantine of Small Animals:
a. Impound Fee...... ........ .................. ......... ................... .................... ..... .25 .00
b. Daily Care and Feed ...........................................................................10.00
I
3. Quarantine on Owner's Property ..........................................................................25.00
4.
Veterinary Services:
1. Rabies Vaccination .............................................................................. Actual Cost
2. Relative Value unit ..............................................................................Actual Cost
3. Other procedures (x-ray, lab, etc.)........................................................ Actual Cost
4. Medical or surgical care............................. .................................. Actual Cost
5. Euthanasia (request by owner) .....................................,...............................$20.00
1
Miscellaneous Fees:
1. Disposal of dead animals..............................................................................SI5.00
2. Animal traps ........................................................................................... $2.00/day
or:
Delivery of trap .... ......... ... ..... .... .... ..... .... .... ..... ....... .., ........ .... ...... .... ... .......... SI 0.00
Rental/day of trap ..........................................................................................$1.00
Ordinance Number ;I~
3. Relinquishment of animal by owner (adults) ................................................ $17.50
Each litter plus female...................................................................................$ 5.00
C. Beach Parkinl! Services
1.
June 15th - October 31 "
Weekdavs
8th and 10th Street
parking lots
Motorcycles
Autos
Buses,
Motor homes,
and Other
Vehicles
Over 25 Feet
1
$2.50
$5.00
$20.00
Weekends/Holidays
81b and IOU. Street
parking lots
$3 .00
$6.00
$20.00
2. Rates for automobiles parking after 5:00 p.m. shall be $2.00. Rates for motorcycles and
vehicles over 25 feet parking after 5:00 p.m. shall be half-price.
3.
November 1" . June 14th
Weekdays
8th and 10th Street
parking lots
$2.00
$1.S0Ihour
($4.00
maximum)
$1.S0Ihour
($8.00 maximum)
I
Weekend~olidays
8th and 10 Street
parking kits
$2.00
$1.S0Ihour
($5.00
maximum)
$1.S0Ihour
($10.00 maximum)
4. Rates for automobiles parking after 5:00 p.m. shall be $2.00. Rates for motorcycles and
vehicles over 25 feet parking after 5:00 p.m. shall be half-price.
· Between "Spring Break" and June 14th, the hourly rate changes to a flat rate on weekends
and holidays and is in accordance with the schedule listed under paragraph #1.
5. "Spring Break" - Seotember 14th
Weekdavs
1" Street parking lot
Motorcvcles
AYlm
Buses,
Motor homes,
and Other
Vehicles
Over 25 Feet
$2.50
$4.00
$20.00
I
Weekends/Holidays
I" Street parking lot
$3 .00
$5.00
$20.00
6. Rates for automobiles parking after 4:00 p.m. shall be $2.00. Rates for motorcycles and
vehicles dYer 25 feet parking after 4;00 p.m. sha1l be half-price.
Ordinance Number J't.I~
7.
Seotember 15th - D~y before "Spring Break"
Weekdays
1" Street parking lot
$2.00
$3.00
$8.00
WeekendsIHolidays
1" Street parking lot
$2.00
$4.00
$8.00
8.
Rates for automobiles parking after 4:00 p.m. shall be $2.00. Rates for motorcycles and
vehicles over 25 feet parking after 4:00 p.m. shall be half-price.
I
9. Annual parking passes entitling the holder to daily parking in any beach lot, shall be sold to Seal
Beach residents for $60 and non-residents for $75 per year.
1 O. Any disabled person or disabled veteran displaying special identification license
plates issued under California Vehicle Code Section 5007 or a distinguishing placard issued
under California Vehicle Code Section 22511.55 or 22511.59 sha11 be allowed to park in the
First, Eighth and Tenth Street ocean front Municipal Parking Lots without being required to pay
any parking fees.
11. The City Manager is authorized to charge amounts less than those specified for certain days or
certain times of day, ifhe or she determines that a lower rate is appropriate.
Beach rates fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed
$6.00 per automobile.
D. Citation Sil!n-off
The following fee is charged for a citation sign-off............................................................. $ 20.00
I
E. Finl!emrints
The following fee is charged for fingerprint cards:
Resident........ .......... ................................................... ........ ................ ........... ......... $ 10.00
Non-resident .. ..... ..... .... ........ .... .... .... .... ......... ..... .... ..... .... .... ... ........ .... ... .... ..... ... ..:.. $ 20.00
F. Parkinl! Sticken
The following fees are charged for annual parking pennits.
Resident ........ ...... ..... .............................. ...................... ................ .................. ........ $ 10.00
Guest ..... ..... ...... .......... .... ........ .... ..... ..... ... ..... ........ ..... ..... '" ........... .... ........ .., ........ ..S 14.00
Business... ... ............ ... ...... ... ...... ... ... ...... ... ......... ...... ......... ...... ..... ...$ 40.00
NOTE:
Permits are issued each fiscal year (July 1st through June 30th) and are not
prorated.
G. Passport Release
I
The following fee is charged for a letter attesting to an individuals lack of criminal contact with the Seal
Beach Police Department, for the purpose of obtaining a passport............................. .$ 20.00
H. Photol!raDhs
The following fee is charged for copies of photos of accident scenes: $ 25.00 plus actual cost for
reprints.
Ordinance Nurnber~~~
L Traffic Collision ReDorts
The following fee is charged for a copy of all investigative reports performed on traffic collisions.
Non-resident.. ........ ....... .... ... .... .... ...... ........ .... ........ ... ....... ....... ... ...... ... ... ...... $40.00
Resident... ... .... '" .... .... ........... ........................................ ............. ...... ...... ... '" $1 0.00
Miscellaneous Police Reports ......................................................................$10.00
J. Vehicle Release
I The following fee is charged for a signed copy ofa vehicle storage release form.................$ IS.00
SECTION 5. Public Works Department
I
(d)
(e)
(f)
I
2.
(a)
(b)
A. SDecial Trash Removal
1. A fee of$ 27.S0 is charged for special refuses collection of heavy items including but not
limited to refrigerators, televisions, stoves, washing machines and sofas.
2. A fee ofs 22.00 is charged for special refuse collection of light items including, but not
limited to: mattresses, bedsprings, bundled tree trimmings and branches in excess off our
feet.
3. Special refuse collection items not covered by above categories may be collected at the
discretion of the Director of Public Works on the basis of actual cost of disposal.
B. Subdivision Fees
1. Tentative Maps
For tentative subdivision map processing, a $600 fee plus:
(a)
(b)
$SO fee for the first five parcels, lots or units; plus
$20 fee for each additional parcel lot or unit.
(c)
Ifadditional parce1s,lots or units are added before processing of the map is completed,
the fee shall be increased in accordance with said schedule. Should a revised map be
substituted for an approved or conditionally approved map, an additional fee equal to 1/2
of the original fee shall be paid for processing the revised map.
For environmental assessment of the tentative subdivision map, see Section 4.B.
All above fees must be paid upon submittal of the tentative map.
In addition to the above, an initial cash deposit with the City estimated by the Director of
Planning or City Engineer sufficient to cover the actual cost of any private consulting
firm utilized by the City in the technical review of the tentative map submittals, or in the
preparation of environmental impact reports may be required following staff review of
the subdivision application and required accompanying materials.
In the event the initial cash deposit is not sufficient, 'the sub-divider/owner sha11 pay the
difference'between the estimated and total actual costs or, ifnecessary, deposit an
additional amount established by the Planning Director or City Engineer to cover costs
for the remaining work. Any excess deposits shall be returned to the sub-divider.
Final Maps
For final subdivision map filing, a $1 SO fee.
In addition to the above, a fee deposited with the Orange County Surveyor's Office in an
amount established by that office to cover the costs of the boundary check of the final
map.
Ordinance Number/~
(c) In addition to the above, an initial cash deposit with the City is required for the actual
cost of review and plan check of the final map and required accompanying materials by
the city, City Attorney, and/or private consulting firm.
The initial cash deposit shall be $500 plus $50 per parcel lot or unit.
In the event the initial cash deposit is not sufficient, the sub.divider shall pay the
difference between the estimated and total actual costs, or, if necessary, deposit an
additional amount estimated by the City Engineer to cover costs for the remaining work.
I
All review and plan check fees must be paid prior to the final map receiving final
approval from the City Council. Any excess deposits shall be returned to the sub-
divider.
(d) Prior to the approval of the final map, the sub-divider shall deposit with the City an initial
deposit based on the percentage of estimated costs of improvements as detennined by
the City Engineer. This initial deposit shall cover the actual costs of the construction
engineering and inspection by the City or private consultant firms of all required public
improvements and survey monumentation.
The schedule of initial deposits for construction engineering and inspection shall be as
follows:
Estimated Cost
$1.00-$25,000
$25,000-$100,000
$100,001-$1,000,000
$],000,001 +
Initial D~osit
5% of estimated cost
$1250 + 4% of estimated cost
$4000 + 3.5% of est. cost
$35,000 + 2.5% of est. cost
In the event the initial cash deposit is not sufficient, the sub-divide/owner shall pay the I
difference between the estimated and total actual costs, or, if necessary, deposit an
additional amount estimated by the City Engineer to cover the costs for remaining work.
The initial deposit must be paid prior to the final map receiving final approval from the
City Council. The total actual cost must be paid prior to acceptance of the public
improvement and release of subdivision bonds. Any excess deposits shall be returned to
the sub-divider.
3. Parcel MaD Waiver
For each parcel map waiver, a $200 fee plus all required tentative map fees and a $500
deposit to cover engineering review and map check. The fee includes the issuance of a
Certificate of Compliance. In the event, the initial cash deposit is not sufficient; the sub-
divider/owner shall pay the total actual costs of review and plan check.
4. Lot Line Adiustment and Certificate of Compliance
a.
b.
c.
For each lot line adjustment, a $100 fee.
For each Certificate of Compliance, a $100 fee.
Map Checking Fee - An initial cash deposit of$300 with the City of Seal Beach is
required to cover costs of review and map check. In the event, the initial cash deposit is
not sufficient; the sub-divider/owner shall pay the total actual costs of review and plan
check.
If the application is disapproved, the decision may be appealed to the City Council within
15 days ofthe date of mailing a notice of the action taken by the Director of
Development Services and City Engineer to the applicant and payment of a fee of
$100.00.
For reversion to acreage, all fees and deposits applicable to tentative and final maps.
I
d.
e.
I
'1
8.
9.
NOTE:
Ordinance Number 1~4t'
C. Soecial Activity Reouest Aoolication Fees
All Special Activity Request Applications shall be accomp~ed with the appropriate Application
Fee Deposit set forth immediately below. The application fee shall be the full cost of all-
appropriate department review and approval. A reconciliation shall be provided to the applicant
with an invoice for additional payment or a refund of excess deposit, and all appropriate funds
due City or applicant shall be cleared prior to issuance of the Special Activity Request Pennit.
An application fee (deposit) shall be charged for Special Activity Requests per the following
schedule:
Activity
Application Fee
1.
Recreation sponsored or co-sponsored
activities
None
2.
Resident non-fundraising activities
of civic or service organizations
None
3.
Resident Activities
$ 25.00
4.
Non-resident, non-fundraising
activities of civic or service
organizations
$ 75.00
5.
Non-resident activities
$ 60.00
6.
Commercial or profit-making
activities
$140.00
7.
Weddings and Wedding Receptions
Outdoor ceremonies are
subject to City Wide
scheduling.
$100.00
$250.00
$200.00
$350.00
· Resident 1 - 2 hours
· Resident 2 - 4 hours
· Non-resident 1 - 2 hours
· Non-resident 2 - 4 hours
Activities (2) through (8) above
serving alcoholic beverages
$ 40.00 additional
Banner Placement Activities... ............... ...... ...........Actual Costs - $100.00 deposit
Application fees for certain charitable events, banner placement requests, and
othen as determined by the Activity Events Coordinator may be waived.
D. Enl!ineerinl! and Public Works Fees
Blueprinting and Printed Materials:
Blue lines $5.00 First sheet
Blue lines $2.00 Each additional sheet
All other reproduction are actual costs incurred by the City
from a Bonded Blue printer plus a 15% administration
charRe
Seal Beach Standard Plans $25.00 Per copy
1
Construction:
Work done without pennit: Penalty for failure to obtain permit prior to work started shall be double
the total pennit costs.
Ordinance Number ;I~
CLASS A:- ,ENCR~AC~NT PERMITS '7' Engineering Division ..,
-
. IncludeS
- -. ---!-
" ,
. - - - ~ , - - - , -". ~ - - " , of' _ I
Sidewalk, Curb and' Gutter, -'Driveway Approach" Curb Cores, Dirt Excavations in
_Parkway, Minor Street' Cuts less than 15 SF, Valuation of aU work not to exceed 55,000 as
determined by the Enldneerinl! Division. ' " -" " I.' - ,_ "
ISSUANCE FEE $20 Each Pennit
Application
$70 Minimum plus any
additional costs
incurred
100% Less Issuance Fee
INSPECTION: Charges for pennits will be $70.00
minimum charge. Work will be billed on the number of
hours expended or incurred plus the Issuance fee.
PERMIT REFUND for work not- done
I
CLASS B-ENCROAC~ fERMlTS - Engineering Division :
, - . ,
,includes any Don-claSs A enCroachment, others n~t listed in another dassific.tion- and plan
- review and inspection for traffic plans aDci-reDom. '. '-,'
, ,-
ISSUANCE FEE $20.00 Each Pennit
Application
INSPECTION: Charges for pennits will be $70.00 $70 Minimum plus any
minimum charge. Work will be billed on the number of additional costs
hours ded or incurred plus the Issuance fee. incurred
PLAN CHECK Minimum Charge for Plan Check will be $250 Minimum plus any
$250. Includes 2 hours of plan check. Additional work will additional costs
be billed on the number of hours expended or incurred from incurred
Contract Plan Checker plus 20"10 for adminiStration.
Additional deposits are required for applicant changes,
revisions, or additions to the plans or if more than three
Jllan checks are required.
BOND/CASH SECURITY DEPOSIT FOR 100% Construction Costs
CONSTRUCTION: 100"10 of the cost of construction as
determined bv the Ellgineerinll; Division
PERMIT REFUND for work not done 100% Less Issuance Fee
I
CLASS C - WATER SERVICE CONNECI10N - Water Division
~ , .. -, .. ,
..,
ISSUANCE FEE $20.00 Each Pennit
~plication
INSPECTION: Charges for pennits will be $200.00 $200 Minimum plus any
minimum charge. Work will be billed on the labor, additional costs
materials, equipment expended or used plus the Issuance incurred
fee.
,CLASS D,... SEWER SERVICE CONNECll0!l{ - Wastewater D.i~ision _ ,-
-
_d- , ., , u , , ,
--. - - ,.. "
ISSUANCE FEE $20.00 Each Pennit
Application
INSPECTION: Charges for pennits will be $200.00 $200 Minimum plus any
minimum charge. Work will be billed on the labor, additional costs
materials, equipment expended or used plus the Issuance incurred
fee.
I
CLASS E;.. TRANSPORTATION PERMITS - Engineering Division'
~ - -" -. - - .;., '.:.' " , , ". -, on ,. , , . - """,'... ,. ,
TRANSPORTATION PERMIT FEE
$16.00 Each Pennit
Application
Ordinance Number~~~~
CLASS'F.,. STREET OBS~UcnONfl'RASH BIN PE.RMITS:- Engineering Divillion , .
- ~, .
"'!! -
ISSUANCE FEE $20.00 Each Permit
Application
STREET OBSTRUCTION!TRASH BIN plus issuance fee $25 Each
I
CLASS:Q-::.PlJJlJJ~JMf~OVEMENTS.('.frli.l;tnnd ~on Tracts) - Engineering Divisio..
." . . '." ::.' :'.';=':. '." :''-.~;''f:~i., :_,":,,,,,;;,,..':.>. .":' -',:. '.' ',., -:':,:' u .' ". _
ISSUANCE FEE $20.00 Each Pennit
ADDlication
PLAN CHECK: 5% of improvement costs as detennined by 5% of Improvement
the Engineering Division. Additional deposits are required Costs
for any applicant changes, revisions, or additions to the
plans or if more than three plan checks are required.
Additional work will be billed on the number of hours
expended or costs incurred from Contract Plan Checker
! plus 20% for administration.
INSPECTION: 5% of improvement costs as determined by 5% of Improvement
the Engineering Division Costs plus any
additional costs
incurred
BOND/CASH SECURITY DEPOSIT FOR 100% Cons~ction Costs
CONSTRUCTION: 100"/0 of the cost of construction as
determined bv the Enl!ineering Division
I
CLASS H - GRADING - Engineering Division .. : ..
- "-'~......," ... ~- '- " , .. , .
-
ISSUANCE FEE $20.00 Each Pennit
ApDlication
PLAN CHECK: Deposit for Plan Check will be $500. $500 Minimum Deposit
Includes 2 hours of plan check. Additional work will be
billed on the number of hours expended or costs incurred
from Contract Plan Checker plus 20% for administration.
Additional deposits are required for applicant changes,
revisions, or additions to the plans or if more than three
plan checks are required.
INSPECTION: Charges for pennits will be $140.00 $140 Minimum plus any
minimum charge. Work will be billed on the number of additional costs
hours expended or incurred plus the Issuance fee. incurred
CLASS 1..-,l"IIU; FLOW ,TEST- Water Division ., , .. .
. . '. ,-,-, , ' .. '.
.. , ,
ISSUANCE FEE $20.00 Each Pennit
Application
INSPECTION: Charges for pennits will be $175.00 $175 Minimum plus any
minimum charge. Work will be billed on the labor, additiOnal costs
materials, equipment expended or used plus the Issuance incurred.
fee.
I
Ordinance Number I~~
CLASS J - HYDRANT WATER METER - Water Division' ,',
-, , . . ,- .. , , , , "
"-
ISSUANCE FEE $20.00 Each Permit
Application
DEPOSIT: Water sha1l be billed against deposit. 2) if cash $600 Minimum" deposit
balance drops below $500, and additional deposit will be
required.
MINIMUM CHARGE: to cover the labor, materials, $125 Minimum charge per
equipment expended or used per move or 10C4tion plus the location or move
Issuance fee.
I
CLASS K --EMERGENCY OR NON WORKING HOUR CALL OUTS _ Public Works
- - -- r
Department - aU di~isions " .. , ' . _ ' '
ISSUANCE FEE
CALLOUT FEE: Labor, Materials, and Equipment at one
and one half the rate plus 15% administration. Minimum 2
hours Labor.
$20.00 Each Pennit
Apolication
Actual Time and Materials
Costs
CLASS,L"':-TREES-Landscape,_~ivision*_ _' _ , "
*See Ci of Seal Beach Street Poli for' ideline details.
TREE FEE FOR NON-CRITERIA REMOVAL AND Actual Time and Materials
REPLACEMENT: Labor, Materials, and Equipment plus
15% administration to remove and replace trees that do not
meet removal criteria in the Street Tree Policy. Minimum 2
hours Labor.
UPGRADE TREE FEE: Material difference between Material Difference
desired size and cost of Ii 15 allon tree.
..... -, -
I
SECTION 6. Recreation Department
A. Community Center Facilities
1. Classification and Fees
a.
Resident groups shall be those having at least sixty (60%) per~t of their active
membership residing within the City of Seal Beach. Resident groups have preference
over non-resident groups.
Priority ~
Lg. Sm.
Room Room
1. Recreation sponsored or co-sponsored
activities None None
2. Resident non-fundraising activities
of civic or service organizations None None
3. Resident Activities $25.00 $18.00 I
a. Cleaning fee $65 to $100 $30.00
4. Resident fundraising activities of $8.00Ihour
civic or service organizations $15.00Ihour
a. Cleaning fee $65 to $100
5. Non-resident, non-fundraising
activities of civic or service
organizations $35.00 $20.00
a. Cleaning fee $65 to $100 $30.00
b.
Ordinance
Number ~~4'~
1
6. Non-resident fundraising activities
of civic or service organization $35. OOlhour $20. OOlhour
a. Cleaning fee $65 to $100 $30.00
7. Non-resident activities $40.00lhour $20.00Ihour
a. Cleaning fee $65 to $100 $30.00
8. Commercial or profit-making activities $90.00Ihour $25.00Ihour
a. Cleaning fee $100
9. Weddings and Wedding Receptions Resident $500/six (6) hours
a. Cleaning fee $100
10. Weddings and Wedding Receptions - Non-Resident $600/six (6) hours
a. Cleaning fee $150
11. Activities (2) through (8) above
serving alcoholic beverages $25. OOlhour additional
B. Senior Center Rental Fees
1. Classifications and Fees
a. Resident groups shall be those having at least sixty (60%) of their active
membership residing within the City of Seal Beach. Resident groups have
preference over non-resident groups.
b. Requests for waiver offees by a group will require City Council approval.
c. Priority ~
1. Recreation sponsored or co-sponsored
activities. None
1 2: Resident non-fundraising activities
of civic or service organizations None
3. Resident fundraising activities of
civic or service organizations $15.00Ihour
4. Non-resident non-fundraising activities
of civic or service organizations $30.00Ihour
5. Non-resident fundraising activities of
civic or service organizations $40.00Ihour
6. Activities (2) through (5) above
serving alcoholic beverages $25.00Ihour additional
C. Swimminl! Pool Fees
1. Community Swimming Pool/Classification and Fees
a.
Resident groups sha11 be those having at least sixty (60%) percent of their active
membership residing within the City of Seal Beach. Resident groups have
preference over non-resident groups.
I
b.
Recreation Swimming
Children7 years of age and under ....................................$1.00 per session
Adults 18 years of age and over............ .................. $1.50 per session
Family Swim: Regular fees for recreation swimming with a maximum
of$2.00 $ 3.00 per family.
Ordinance Numberl'~t7
c. Adult Swimming
Admission by swim pass......... ...... ............ ......... ...S1.50 per swim
d.. Swimming Instruction
2. Rental to Groups
(1) Instruction fees for residents............ ................ .............. .$28.00
(2) Instruction fees for non-residents.................. .................. ..S40.00
(3) Competitive Swimming Instruction:
For qualified members of the Seal Beach Swim Team, the fee of$1.00 per day I
shall entitle members to participate in the scheduled competitive workouts.
a. One lifeguard required for groups of 30 participants or less, $40.00
per hour with minimum of three hours.
b. Groups ofJO to 60 participants, $SO.OO per hour with minimum of three hours,
and an additional S 20.00 per hour for each increment ofJO participants, over 60
participants.
3. Use of the Swimming Pool by Commercial Users
Should the pool become available for rental by commercial users providing instruction in
SCUBA diving or similar instruction the City shall receive an amount equal to twenty percent
(20%) of the gross receipts of said user, providing that in no case sha11 the fee be less than forty-
five dollars (S4S.00) per hour with a minimum of ninety dollars (S90.00).
D. Recreation Prol!ram Fees
The Recreation Director shall establish fees for the various recreation programs. These fees I
shall be based on type of program, number of participants and instructors, officials, etc.,
required. When calculating fees, an additional 19.4% of the fee shall be added for administrative
costs.
E. Fees for Use of Municioal Athletic Facilities
The following rates shall be in effect for all reservations made through the Recreation
Department Office. Resident groups may reserve up to three months in advance of their event.
Resident youth groups to consist of minimum of~ 60 Seal Beach residents or Los Alamitos
School District students. Youth groups are defined as persons age 16 and under.
1. All community parks:
Youth Groups (resident)... .................. ......... ...... ......... ......... ...No Charge
Youth Groups (non-resident) .............................................................. $10.00Ihour
Adult Groups (resident) ...................................................................... SIS.001hour
Adult Groups (non-resident) ............................................................... S2S.001hour
Business Use ...................................................................................... SSO.OOlhour
2.
Bluebell lights and field:
Youth Groups (resident) ..................................................................... $10.00Ihour
Youth Groups (non-resident) .............................................................. SIS.00Ihour
Adult Groups (resident) ...................................................................... S20.oolhour
Adult Groups (non-resideni) ............................................................... SJO.OOlhour
Business Use ...................................................................................... S5S.001hour
I
3. Edison softball diamond (no lights):
Youth Groups (resident) ....................................................................... No Charge
Youth Groups (non-resident) .............................................................. S10.001hour
Adult Groups (resident) ...................................................................... SIS.001hour
Adult Groups (non-resident) ............................................................... $20.00Ihour
Business Use ...................................................................................... SSO.OOlhour
Ordinance Number /~41O
4. Zoeter softball diamond (no lights):
Youth Groups (resident) ........................................................................No Charge
Youth Groups (non-resident) .............................................................. $10.00Ihour
Adult Groups (resident) ...................................................................... $20.00Ihour
Adult Groups (non-resident) ............................................................... $30.00Ihour
Business Use ...................................................................................... $50.00Ihour
I
5.
Zoeter softball diamond (with lights):
Youth Groups (resident)..................................................................... $20.00/hour
Youth Groups (non-resident) .............................................................. $25.00Ihour
Adult Groups (resident) ...................................................................... $40.00Ihour
Adult Groups (non-resident) ...........................................................:... $50.00lhour
Business Use ...................................................................................... $60.00Ihour
6. Maintenance of Edison, College Park
or Zoeter ball diamond .................................................... $25.00/field/day.
7. Rental of Bases... ... ... ...... ...... ...... ...... ...... ... ...... ...Deposit $ 125.0 + $25.00/day
8. Gymnasium(minimum of2 consecutive hours):
Youth Groups (resident)...................................................... .$lO.oolhour
Youth Groups (non-resident)............... ............................................$20.00Atour
Adult Groups (resident)...................... .............................................$25.00Ihour
Adult Groups (non-resident)............. ...............................................$40.00Ihour
Business Use ...................................................................................... $50.00Ihour
I
Additional hours:
Youth.. ........................... ......................................................................... $10lhour
Adult. ..... ........... .... ....... ........ .... ... ....... ... .... ..... ... ... .... .... ...... ................. .... $20lhour
Business ..... .... ..... ... ... ........ ... .... ........... .... '" ........ ....... ................. ............. $30lhour
9.
Heather and Marina Tennis Courts:
Youth Groups (resident).......................................................................... $15Ihour.
Youth ~ups (non-resident) .................................................................. $20Ihour.
Adult Groups (resident) .......................................................................... $30Ihour.
Adult Groups (non-resident) ................................................................... $35Ihour.
Business Use .....................................:............................................. Not Permitted
FILMING FEES AND CHARGES
Commercial Still Photography
Annual pennit application fee.........................................................$35.00
Business license... .... ... ........... .... .................. .... .................. .............Adopted fee
Location fee - General.................................................................$100.00 per day
I
Motion (Includes Video)
Annual pennit application fee...,..................................................SI25.00
Business License... .... ........ ....... ................ ... ............ ... ......... ...... ... ..Adopted Fee
Location Fee - General................................................................$400.00/day
CITY PROPERTY USE FEE
(Addition to Location Fee - General)
Pier and Park Area....................................................................$250.00/day
Lifeguard Station (Interior)......... .... ....... .... ... ........... ...... .... .,.... .$200.00/day
City hall.. ..... ...................... ....... ........... .... ....... ... .... ... .............. ..$200.00/day
CITY PERSONNEL TIME..............................................Reimbursed at time and half
CITY EQUIPMENT AND VEHICLE USAGE...........................Market Rental Rates
Ordinance Number I'~~
PARKING LOT USAGE
1
6
11
21
31
41
51
61
76
100
126
151
176
201
226
-5
-10
-20
-30
-40
-50
-60
75
100
-125
-150
-175
-200
-225
-250
Spaces.......... ........................................................$ 20.001Day
Spaces..................... ....................... ......................$ 40.001Day
Spaces.............. ....................................................$ 80.001Day
Spaces............ .................. ........................ ............$ 120.001Day
Spaces....... ..................... ..... ........ ...................... ...$ 160.001Day
Spaces.................. ......... ............................ .... .......$ 200.001Day
Spaces.. ................. ........ ........... ............................$ 240,OOIDay
Spaces............................... ...................................$ 300.001Day
Spaces..................................................................$ 400.001Day
Spaces... .... .... .......... .... .... ... ..... ....... ....... .... ........ ...$ 500.001Day
Spaces. ...... ....................... ....................................$ 600.001Day
Spaces............. ............. ........................................$ 700.001Day
Spaces............... ...................................................$ 800.001Day
Spaces....... .... ................................ ................... ....$ 900.001Day
Spaces. ... ..... .... .... ..... .... .... .... .... ... .... .... .... .....,.. .... .$1 OOO.OOlDay
SECTION 7. Unspecified Fees
Whenever fees are to be charged for services provided by the City and no method for the calculation is
specified through this Resolution, other City Council resolutions, the Code of the City of Seal Beach. or
other state or federal rulings, such cost shall be the actual cost, including the proportionate part of the
salaries, wages or other compensation of any deputy or employee, material and equipment costs and the
cost of overhead, 19.4% percent of the total.
I
Section 8. Each and every provision of Resolution Numbers 4192, 4234, 4250, 4442, 4494, 4499
and 4519 of the City Council of the City of Seal Beach that establishes a rate or amount for a fee or
charge which differs from the rate or amount for that fee or charge as stated in this Resolution is hereby
superseded. The restatement is this Resolution of existing rates and amounts for previously imposed
taxes, fees and charges Is for the purpose of administrative convenience and is not intended, and shall 1
not be construed, as the imposition, extension, or increase of any such tax, fee or charge.
SECTION 9. Effective Date
This Resolution shall be effective upon adoption except for any agreements, contracts, plans and
specifications submitted to the City prior to the date of adoption.
PASSED APPROVED AND ADOPTED by the City Council of the City of Seal Beach, California, at a
meeting thereof held on the day of . 1998 by the following vote:
AYES: Council Members
NOES: Council Members
ATTEST:
Mayor
City Clerk
STATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH )
I, Joanne M. Yeo, City Clerk of the City ofSea1 Beach, California, do ~ereby certifY that th~ foregoing
Resolution is an original copy of Resolution Number on file m the office of the Clt~ Clerk,
passed, approved and adopted by the City Council of the City of Seal Beach at a regular meeting
thereof held on the day of .1998.
City Clerk
I
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 of the county afore-
~id; I am over the age of eighteen
ars, and not a party to or inter-
sted in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SU~, a
newspaper of general circulation,
printed. and published weekl).! in the
City of Seal Beach, County of
Orange and which newspaper tlas
Been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of . . .
'f/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
tjlan nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
&pplement thereof on the following
.tes, to-wit: .
1A
.
all in the year 1998.
, certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this q day of ~~
,1998.
Signature
PUBLICATION PROCESSED B
THE SUN NEWSPAPERS
216 Main Street
I Seal Beach, CA 90740
(562) 430-7555 . (714) 759.7726
Ordinance Number/~~"
,
This space is for the County
Clerk's Filing Stamp
Proof of Publication of
...............................................
...............................!...............
NOTICE OF
PUBLIC HEARING
NoncE IS HEREBY GIVEN IhalIhe
CIty Council oIlhe City of Seal BeaCh
wllf conduct B public hearing on Mon.
!ay.J~271h,199881730pm II'lIhe
CIIy CounaI Chambers. 211 EIghth
BInIot. SealllellCh. CaI_1o con,
II_the adopbonGfa com~
fee relOlubon .1t8bJI~ lees. rates
and charges lor goodl and HMCeS
provide tiy the City of 5..1 Seach,
including admlnastralNe fees, bulktlng
foeo, planllll1ll'.... poIlCO_._
works fee., recreation fee., traffic
Impact ..e., Blc, A copy of Ihe pro-
paood","","""'._a1_, and
IUpportmg dais 8f81M11ab1e tor I"IYI8W
allhe office of the Ctly Clerk aI CIIy
Hall. 211 E'IIhth S,..... Seal _
A1llnterelleCI personl ~ be heard
at .ald public hearing If so de..red.
W,lnen comments ~ also be SUb-
~~~CIefk~Io~
21' Eighth Street, Seal Beach Com-
ments should be I'8C8Ned prior to Ihe
hearing date "the prOPDS8d counCIl
actions are challenged In court, you
may be IlmlllKl to ratslng only those
Issues you OIlOm8One else rBll8d BI
the publIC hearIng descrrbed ftt dns
nallce, Olin wnnen correlDOfNl8nce
dellV8J8d to the Cdy of Sear Beach ai,
ot prIOr 10. the pubGc heanng.
DATED This 6th day of July, 1998
Joanne M Vao, City Clerk
CIlyolSoal_
Ordinance NUmberl'~~
EXlDBIT "Q"
FORM OF DRAIN~GE EASEMENT
RECORDING REQUESTED BY .
AND WHEN RECORDED MAll. TO:
City of Seal Beach
Attention: City Manager
211 8th Street
Seal Beach, California 90740
1
EXEMPr from recording fee pursuant
To Government Code Section 6103
SPACE ABOVE nus LINE FOR RECORDERS USE
FIRST AMENDMENT TO EASEMENT DEED
THIS FIRST AMENDMENT TO EASEMENT DEED (the .First Amendmenr) is made and entered
Into as of . 1998, by BIXBY RANCH
COMPANY, a California corporation ("Grantor'), in favor of the C1lY OF SEAL BEACH, a
municipal corporation rCity" of .Grantee").
Recitals:
A Fred H. Bixby Ranch Company is the Grantor, and the City s the Grantee, under that certain 1
Easement Deed (the .Easement Deed") dated March 27,1967 and recorded on April 7, 1967,
as Instrument No. 3790 in Book 8219, pages 92-926 of the Official Records of the County of
Orange. California The tenns of such Easement Deed are incorporated by reference herein.
B. Grantor is the successor in interest to the Fred H. Bixby Ranch Company as the owner of the
property described in Exhibit A to the Easement Deed.
C. Grantor and Grantee desire to amend the Easement Deed in certain respects.
NOW, THEREFORE, the parties hereto agree as follows:
1. Effective as of the recordation of this First Amendment paragraph 1 of the Easement Deed is
hereby amended to read as follows:
.1. The Grantor, its successors and assigns, shall at all times preserve and
maintain the required volumes of storage and hydraulic characteristics as
Indicated below:
~nsert new table here)
It Is un.derstood that Grantor shall have no obligation, express or Implied to
maintain any specific structures on the property for channeling or directing the
flow of water so received, or for impounding the water to be stored..
2. The Easement Deed, as amended herein, represents the entire agreement of the parties
hereto with respect to the subject matter hereof, and it supercedes all prior and
contemporaneous agreements, representations and understandings of the parties with respect
to the subject matter hereof. No supplement modification or amendment hereto or to the
Easement Deed shall be binding unless executed In writing by all of the parties hereto. This
First Amendment shall bind and inure to the benefit of the parties and their respective heirs,
successors and assigns.
I
Except as herein amended, the Easement Deed shall remain as originally written.
IN WITNESS WHEREOF, the parties have entered into this First Amendment to Easement
Deed as of the day and year first written above.
CITY OF SEAL BEACH
I
By:
Mayor
ATTEST:
By:
City Clerk
APPROVED AS TO FORM:
Richa-cls, Watson & Gershon, a professional corporation
By:
City AlIDrney
BIXBY RANCH COMPANY
A California limited partnership
By: Bixby Management Corporation, a
Delawll'll Corporation, its General Partner
I
By:
Its:
By:
lis:
CITY OF
STATE OF CALIFORNIA
COUNTY OF
)
) SS
)
On
before me,
personally appeared
I
personally known to me (or proved to me on the basis
of saUsfacloly evidence) to be the person(s) whose
nllllll(s) lsIare subscribed to the within Instrument
and acknowledged to me that heJshellhey executed
the same In hislherllhelr authorized capacilyOes), and
that by hlslherllhelr s1gnalure9s) on the Instrument
the person(s) or the enDIy upon behalf of whlch the
person(s) acted, executed the Instrument.
WITNESS my hand and ofllclal seal,
SIgnature
Ordinance Number~~~
(This area for official notarial seal)
Ordinance NUmberJ'~~
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Ordinance NUmberl'~~"
EXlDBrr "Q" LEGAL DESCRlPfION
I
Drainae:e Easement - Lee:al Description:
Those portions of the South Half of Section 32 and the East Half of Section 31, both in
Township 4 South, Range 11 West, in the Rancho Los Alamitos, City of Seal Beach,
County of Orange, State of California, as per map filed in Decree of Partition in the
Superior Court of Los Angeles County, State of California, Case No. 13527, a certified
copy of the Final Decree of said case having been recorded February 2, 1891, in book 14
page 31 of Deeds of said Orange County, described as follows:
I
Beginning at a point in the Northwesterly line of Lampson Avenue, 80.00 feet wide, as
shown on a map of Tract 5961 recorded in book 217 pages 41 to 44, inclusive, of
Miscellaneous Maps in the office of the County Recorder of said Orange County, distant
thereon N 54056'24" E a distance of831.46 feet from the Southwesterly extremity of that
course shown as "N 54056'39" E 1508.98 feet" in the Northwesterly line of said
Lampson Avenue; Thence S 54056'24" W a distance of 20.00 feet along said
Northwesterly line; Thence N 35003 '36" W a distance of61.90 feet; Thence N 78000' 1 5"
W a distance of 109.83 feet; Thence Northwesterly, Westerly and Southwesterly along a
tangent curve concave Southeasterly with a radius of 182.00 feet a distance of 268.68
feet; Thence S 17024'45" W a distance of 230.88 feet; Thence S 35003'36" E a distance
of22.02 feet to said Northwesterly line; Thence S 54056'24" Wa distance of20.00 feet
along said Northwesterly line; Thence N 35003'36" W a distance of 8.00 feet; Thence S
56035'21" W a distance of347.30 feet; Thence S 68043'27" W a distance of 140.58 feet;
Thence N 840]]'39" W a distance of 286.47 feet; Thence S 74008'34" W a distance of
596.70 feet; Thence S 51005'55" W a distance of 226. 14 feet; Thence S 55052'06" E a
distance of 213.84 feet; Thence S 40038'09" E a distance of 204.24 feet; Thence N
82041 '24" E a distance of 157.28 feet; Thence S 34031'49" E a distance of 149.70 feet;
Thence S 51003'36" E a distance of 28.00 feet to said Northwesterly line; Thence S
38056'24" W a distance of20.oo feet along said Northwesterly line; Thence N 51"03'36"
W a distance of25.00 feet; Thence S 61042'15" W a distance of 116.53 feet; Thence N
63046'20" W a distance of 153.84 feet; Thence N 40009'04" Wa distance of300.89 feet;
Thence N 56050'09" Wa distance of 182.78 feet; Thence N 85"27'47" W a distance of
277.87 feet; Thence S 49032'01" W a distance of 89.38 feet; Thence S 51052'04" E a
distance of 153.84 feet; Thence S 33047'07" W a distance of 160.03 feet; Thence S
03043'38" W a distance of 138.29 feet; Thence S 46038'27" E a distance of 99.04 feet;
Thence N 65018'01" E a distance of 150.79 feet; Thence N 09039'52" E a distance of
136.95 feet; Thence N 53001'39" E a distance of 232.80 feet; Thence S 44043'09" E a
distance of 142.13 feet; Thence S 38054'16" W a distance of 179.91 feet; Thence S
64047'41" W a distance of 356.98 feet; Thence S 20015'17" W a distance of345.78 feet
to the Northerly line of said Lampson A.venue; Thence N 89048'19" W a distance of
440.00 feet along said Northerly line; Thence Westerly and Northwesterly along a
tangent curve concave Northeasterly with a radius of 760.00 feet a distance of 837.68
feet; Thence N 26039'11" W a distance of 389.91 feet; Thence Northwesterly along a
tangent curve concave Southwesterly with a radius of 840.00 feet a distance of 107.64
feet; Thence N 33012'22" E a distance of 137.91 feet; Thence N 12046'32" W a distance
of76.90 feet; Thence S 88026'01" W a distance of 110.04 feet; Thence N 12004'25" W a
distance of 473.47 feet; .Thence N 38009'11" E a distance of 106.48 feet; Thence N
01012'53" E a distance of 141.03 feet; Thence N 52040'53" E a distance of 111.30 feet;
Thence S 90000'00" E a distance of 666.82 feet; Thence N 00000'00" E a distance of
739.36 feet; Thence S 90000'00" E a distance of393.24 feet; Thence S 00000'00" W a
distance of 232.80 feet; Thence S 90000'00" E a distance of 1949.50 feet; Thence S
00000'00" W a distance of 269.96 feet; Thence S 31048'29" W a distance of 925.94 feet;
Thence S 88023'53" E a distance of 107.04 feet; Thence S 72010'09" E a distance of
120.81 feet; Thence N 72051 '20" E a distance of 111.97 feet; Thence N 60012'04" E a
distance of 285.78 feet; Thence N 39031'30" E a distance of 98.09 feet; Thence N
17"24'45" E a distance of 225.00; Thence Northeasterly, Easterly and Southeasterly
along a tangent curve concave Southeasterly with a radius of 235.00 feet a distance of
I
Ordinance Number /#'~"
346.92 feet; Thence S 78000'15" E a distance of 160.00 feet; Thence N 54036'51" E a
distance of 356.47 feet; Thence N 76019'58" E a distance of 118.74 feet; Thence S
35003'36" E a distance of20.00 feet to said Northwesterly line; Thence S 54056'24" W a
distance of20.oo feet along said Northwesterly line; Thence S 77034'25" W a distance of
75.25 feet; Thence S 53"29'03" W a distance of 430.70 feet; Thence S 35003'36" E a
distance of 18.00 feet to the point of beginning.
The above describes an area of 110.69 acres, more or less.
1
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~ 0 . . :' ' GtIIC lENT.1M: ...
i C".i' I i NO. '"''
! CD OLD RANCH 1WN CDIlEIl
BIXBY RANCH
COMPANY
I NCLIDClN KIRK EIiICIlNRa IDIIIDIfI
I......JIIDI&.......
_110\,__
1Jt1J1I1_cm._..,
.. PI. III.'"
Ordinance Number /41~
Exhibit "S" - Location of Landscaping Green Belt and Form of Offer of Dedication
Legal Descriptions
Area A
In the City of Seal Beach, County of Orange, State of California, being a portion of the
land shown on Tentative Tract Map Nurnber 15767, described as follows: .
A strip of land 30.00 feet in width, lying adjacent to, parallel with, and easterly of the
easterly right-of-way line of Seal Beach Boulevard, 100 feet wide and 80 feet wide,
across the property herein described.
I
Beginning at the southwest comer of Parcel 2 of the map filed in Book 16, Page 14 of
Parcel Maps, in the Office of the County Recorder of said county; thence southerly along
the easterly right-of-way of Seal Beach Boulevard a distance of231.24 feet to the TRUE
POINT OF BEGINNING; thence departing said right-of-way S 89048' 30" E a distance
of 30.00 feet; thence S 000 II' 30" W a distance of 319.49 feet; thence N 890 48' 30" W
a distance of20.00 feet; thence S 000 II' 30" Wa distance of988.56 feet; thence N 890
48' 30" W to the easterly right-of-way of Seal Beach Boulevard, a distance of 30.00 feet;
thence northerly along said right-of-way to the TRUE POINT OF BEGINNING.
The above describes an area of 0.901 acres, more or less.
Area B
In the City of Seal Beach, County of Orange, State of California, being a portion of
Parcels 1,2,3 and 4 of Tentative Parcel Map Number 97-165, described as follows:
Beginning at the easterly-most point of Parcel 4 of Tentative Parcel Map Number 97-165,
said point being a point on the southerly right-of-way of Lampson Avenue, 80 feet wide;
Thence N 89-48-04 W along the southerly boundary of Parcel 4 of said Tentative Parcel
Map a distance of 461.36 feet; Thence, continuing along the southerly boundary of said
Tentative Parcel Map, N 84-55-33 W a distance of 94.92 feet; Thence, departing the
southerly boundary of said Parcel 4, N 39-24-39 E a distance of 111.16 feet to non-
tangent curve, concave northeasterly, a radial line of said curve bears N 33-16-16 E a
distance of 890.00 feet to the radius point; Thence along said curve a distance of 467.25
feet; Thence N 36-47-18 W a distance of529.63 feet; Thence S 80-09-13 W a distance of
61.79 feet to a non-tangent curve, concave northwesterly, a radial line of said curve bears
N 61-05-31 W a distance of 1251.08 feet to the radius point; Thence along said curve a
distance of 140.30 feet; Thence S 36-41-21 Wa distance of360.69 feet; Thence S 53-18-
39 E a distance of675.53 to the southerly boundary of said Parcel 4 and a non-tangent
curve, concave northeasterly, a radial line of said curve bears N 08-17-35 E a distance of
350.00 feet to the radius point; Thence along the southerly boundary of said Parcel 4 and
along said curve a distance of 180.25 feet; Thence continuing along the southerly
boundary of said Parcel 4 N 52-12-0 I W a distance of 46. 77 feet; Thence continuing
along the southerly boundary of said Parcel 4 S 00-11-27 Wa distance of 12.62 feet;
Thence continuing along the southerly boundary of said Parcel 4 N 52-11-58 Wa
distance of75.l8 feet to the southerly-most corner of Parcel 3 of said Tentative parcel
Map; Thence along the southwesterly boundary of said Parcel 3 N 52-11-58 W a distance
of 115.27 feet; Thence continuing along the southwesterly boundary of said Parcel 3 N
57-01-00 W a distance of 157.96 feet; Thence continuing along the southwesterly
boundary of said Parcel 3 N 57-01-00 W a distance of 34.07 feet; Thence continuing
along the southwesterly boundary of said Parcel 3 N 53-18-39 W a distance of 103.00;
Thence continuing along the southwesterly and northwesterly boundary of said Parcel 3,
northwesterly and northeasterly along a tangent curve, concave easterly, with a radius of
51.43 feet a distance of 81.42 feet; Thence continuing along the northwesterly boundary
of said Parce13 N 37-23-37 E a distance of220.61 feet to the westerly-most comer of
Parcel 2 of said Tentative Parcel Map; Thence along the northwesterly boundary of said
Parcel 2 N 37-23-37 E a distance of 103.93 feet; Thence continuing along the
northwesterly boundary of said Parcel 2, northeasterly along a tangent curve, concave
northwesterly, with a radius of 1181.39 feet a distance of 80.33 feet to the westerly-most
I
I
Ordinance Number ~~t'
comer of Parcel 1 of said Tentative Parcel Map; Thence along the northwesterly
boundary of said Parcell, along said tangent curve a distance of 246.22 feet; Thence
continuing along the northerly boundary of said Parcell, northeasterly, easterly and
southeasterly along a tangent curve concave southerly with a radius of 42.25 feet a
distance of 80.97 feet to the southwesterly right-of-way line of Lampson A venue, 80 feel
wide; Thence southeasterly and easterly along said right-of-way line to the point of
beginning.
The above describes an area of 4.5 13 acres, more or less.
I
AreaD
In the City of Seal Beach, County of Orange, State of California, being a portion of the
land shown on Vesting Tentative Map Number 15797, described as follows:
A strip of land 30.00 feet in width, lying adjacent to, parallel with, and easterly of the
easterly right-of-way line of Seal Beach Boulevard, 100 feet wide, across the property
herein described.
The above describes an area of 6937 square feet, more or less.
I
I
Ordinance Number /~~
EXlDBIT "T"
FORM OF QUITCLAIM DEED (AFRC PROPERTY)
RECORDING REQUESTED BY
AND WHEN RECORDED MAIL TO:
I
City of Seal Beach
Attention: City Manager
211 8th Street
Seal Beach, California 90740
FREE RECORDING
GOVERNMENT CODE
SECTION 6103
DOCIlMmn'ARY TIlANSJlIlR TAX S
. . . c.......... ....... cOllliclerodon or voIuc ofp......., ......,...; OR
. . . ~ ... "'" cDlllidc..1ioo or ..... leu IIeno ... _............
l'OII'IIIuu..at timo or..
SPACB ABOVB TIllS LINB RlR RIlCOllDBRS USB
sill........ of Doc...... or Apot
dotol'llliniq: tax - F'1tI11 Name
CORPORATION QUITCLAIM DEED
FOR A VAlUABLE CONSIDERATION, receipt of which is hereby acknowledged. .
a corporation organized under the laws of the State of . does hereby
REMISE. RELEASE AND QUITClAlM to . the real property in the
City of . County of Orange, State of California, described as:
I
(Insert Legal Description)
Dated
By: President
By: Secretary
CITY OF
STATE OF CAliFORNIA
COUNTY OF
On
)
) SS
)
before me,
personally appeared
personally known to me (or proved to me on !he basis
of saUsfactory evidence) to be the person(s) whose
name(s) lsIare subscribed to the within instrument
and acknowledged to me thai heJshellhey executed
the same in hlslherllheir authorized capacily(les), and
thai by hlslharllheir s1gnature9s) on the Instrument
the person(s) or the entity upon behalf of which the.
person(s) acted, executed the Instrument.
WITNESS my hand and olllclal seal,
I
Signature
(This area for official notarial seal)
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange .
'am a citizen of the United States
nd a resideht of the county afore-
aid; 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 cjrculation,
printed, and published weekly in the
City of Seal Beach, County of
Orange and which newspaper ~as
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
It~an nonpareil), has been published
jf) each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dat!9s, to-wit:
///..? t"
all in the year 1998.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach CA,
this S dayof'VJ~1998,
4d1f:~ .
I PU3L1CATION PROCESSED BY:
THE SUN NEvVSPAPERS
216 r,lain Street
Seal,Beach, CA 90740
(552) 430-7555 . (714) 759.7726
Ordinance Number l.y~t)
This space for for the County CIE!rk'.s
Filing Stamp
Proof of Publication of
..........i....................................
. .
............11.................................
. ......... ~~SUMMARV . .
. 'ORDINANCE NUMBER 1440
,- .-ZONECHANGElI8-1/.
: BIXBY OLD IlANCH -
.:.. . TOWNE CENTER ,
,:: DEVELOPMENT PLAN , ' '
. Ordinance Numb81144Q of the CIlV
f 01 SoaIBeadl adapt.. DlMIl.omanl
I Aareement between the gfty of Seal
: Biach IlIld _ _ Con'Iponyfor
r 1he Bixb.Y Old Towne Cenler Devel-
, ._ Plan. 0rdII1Ilnca Numbar 1_
l we. Inlroduced etthe regular CI~
CounCil R'lHllng of November 17ttia
1988 and first reading was approve
by the fa.llowing vote: - .
AYES: !!oYd, Ilnlwn, Campbllll,
I Doane, Yost _
I NOES: j ~ Mabon carried
~ OrdInBQC8 Number 1440 w1U receMl
Il8COnd'readl~ and be canlldered for
, ado~lon tlii regular C!IY Council
meeting :J November 23rd, 1998.
. Cop,e. Of Ordinance Number 1440
I are available from the oftIce oIlhI ~
. Cleric, City HoD, 2" .lIIl1 S~~llIiI,
'lBe....: ta1ephone (682) 43.....,.
?:s:.D T~IS..~~,,~ay oI.N~OflJll:"r..".
Joanne M Yeo. Qly Clerk .. '.
'C1tyofSaalBeach . '-'." .
Published In the Seal Beach Sun
11~!:..~~_... ~..:_.:I::'
Ordinance Number I~*
PROOF OF PUBLICATION
(2015,5 C.C.P.)
STATE OF CALIFORNIA
,
Cou~ty of Orange
-
I am a citizen of the United States
and a resident of the county afore-
said; I a.m 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 ~as
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 '""hich the annexed is a
printed copy (set in type not smaller
~han 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:
.' /-51/3
/
all in the year 1998.
I certify (or declare) under penalty of
perjury that the foregoing is true and
. correct.
Dated a.t Seal Be~
this '-.5' day of I 1998.
4AZ;-;:ture
PU3L1:::ATION PROCESSED BY:
TH!: SUN NEvVSPAPERS
216 MClin Street
Seal,BeachJ CA 90740
(562) 430-7555 . (714) 759-7726
This space for for the County CIE!rk"s
Filing Stamp
Proof of Publication of
I
..........i....................................
.,............",..............................
. .....:; -.. sUMMARv
:ORDINANCE NUMBER 1440
- ZONE CHANGE 98-1/
- BIXBV OLD RANCH .
. TOWNE CENTER
': . DEVELOPMENT PLAN' ,
91:1'lf:ac'W~o''' 14~ of r!!~ ~
i~~enl belWer.sI~J~~'ReaI
ii and Ixbv Ranc CO~ y tar
'he .xbJ! tIld_ 'rowne' ,ente eve'-
apment Plan ordlnance Number 1440
r"celved se~ond reading aod we,
adopted at the regular ~I!Y Council
meBhng of Noveniber 23rd, 1998 by
the follOWing vote
AVES Boyd Brown. Ooene, Vost
.NOES Campbell Mabon carrlecl
Copies of oralna~~~r l:4t.O
. ilfert:'!!Wi\.\\r." ,81h Ire::::se~
~8'acn, tll1ephone (582)4 1-25~7 .
I DATED THIS 24th da~ofNov: 1998
Joann~ M V,"o, C.ty C'erk . .'.
City of.Seal BeSch -:
Publlsl}ed Seal Beac;h Sun 121O~,
I
I
1
1
I
l'
Ordinance Number ~,f-
,
PLEASE COMPLETE THIS INFORMATION
RECORDING REQUESTED BY:
AND WHEN RECORDED MAIL TO:
Recorded In Official Records, County of Orange
Gary Granville, Clerk-Recorder
t;7'( Or >bA-L. &,*Jf
j1li"''' {37'( cu;e(
2/ I - ~ S-/REE-i
6f#L gs/d~C4. 907tfO
1111111111111111111111111111111111I11 111111111111111 1111I NO FEE
20000358646 08:42am 07/10100
111 12 R28 140
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THIS SPACE FOR RECORDER'S USE ONLY
TITLE OF DOCUMENT:
o R (); fJ f\ tV C E. N L-\ rI\ be r<.. I L.I L.I-O - ,q
THIS PAGE ADDEO TO PROVIDE ADEQUAlE SPACE FOR RECORDING INFORMATION
(Additional recording lee applies)