HomeMy WebLinkAboutCC Ord 1422 1997-10-27
ORDINANCE NUMBER ~.:z..
AN ORDINANCE OF THE CITY COUNCIL OF
THE Cm OF SEAL BEACH ADOPTING A
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SEAL BEACH AND HELLMAN
PROPERTIES LLC, REGARDING THE
"HELLMAN RANCH SPECIFIC PLAN"
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN:
Section 1. The City and HeUman Properties LLC 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 "HeUman Ranch Specific
Plan" area, and more particularly described in the proposed development agreement,
attached hereto as Exhibit A.
Section 2.. The City Council held a properly noticed public hearing regarding
the proposed development agreement on September 22, 1997.
Section 3. The City Council hereby finds that the proposed development
agreement is consistent with the General Plan of the City of Seal Beach and the HeUman
Ranch Specific Plan.
Section 4. The City Council hereby approves and incorporates by reference
herein Resolution 97-34 of the Planning Commission of the City of Seal Beach, dated
September 3, 1997, attached hereto as Exhibit "B".
I
Section 5. Based upon the foregoing, the City Council hereby approves the
proposed development agreement, incorporated by reference herein and attached hereto as
Exhibit" A" and authorizes the Mayor to execute said development agreement on behalf of
the City.
Section 6. The time within which to challenge the subject development
agreement is governed by Government Code Section 65009.
PASSED, APPROVED AND ADOPTED by the Ci~cil of the City of Seal
Beach at. a ~n~ ,th;reof )leld on. the ~ day of
~~ ,1997.
1~:.....,~ I
Ordinance Number /#U
STATE OF CAUFORNTA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California~reby certify that
the foregoing ordinance is an original copy of Ordinance Number ~- on file in
the office ~ Ie City Clerk, introdm.4 a meeting held on the
- day of "-..-L 1997, and passed,
approved an~~y the City Council of th~ of~.ac" at a meeting held on
the - day of ~ , 1997 by the following
vote:
AYES: Councilmembe
NOES: Councilmembers
, . .
.
ABSENT: Councilmember .-
ABSTAIN: councilmembersCf2...L-.",4
and do hereby further certify that Ordinance Number J!~ has been published
pursu to the Seal Beach City Charter and Resolution Number 2836.
I
1
Ordinance Number /~:l,
EXIllBIT A
HELLMAN RANCH SPECIFlC PLAN
DEVELOPMENT AGREEMENT
I
DEVEWPMENT AGREEMENT BETWEEN
CITY OF SEAL BEACH AND HELLMAN PROPERTIES, LLC
I
I
Ordinance NUmberJ'~-?~
RECORDING REQUESTED BY, AND
WHEN RECORD~, MAIL TO
CITY OF SEAL BEACH
OFFICE OF THE CITY CLERK
211 EIGHTH STREET
SEAL BEACH, CA 90740
Recorded in the County of Orange, California
Gary L, Granvilte, Clerk/Recorder
IIIIIII~IIIIIIIIII~IIIIIIIIIIIII~ IIIII~IIIIIIIII~IIIIIIIIII 08N027Fee 12/15/97
19970641058 : am
005 11006051 11 08
A12 68 6.00 201.00 0,00 0,00 0.00 0,00
I.
The UDdenillDed declare that thi. iDstrumeat i. recorded at !be ""I1I5l of lIIId for the benefit of the CITY
OF SEAL BEACH, lIIIlI i. therefor ll1empt from paYlDllIIt of recording r- punuant to Govlll1lllleDl
Code I 6103 lIIIlI !be paYJDellt of documeatuy irlIIIIfar tu punuant to Revenue &. Taxation Code I
19222
(Space Above for Recorders Use)
DEVELOPMENT AGREEMENT
BY AND BElWEEN TIlE CITY OF SEAL BEACH AND
HELLMAN PROPERTIES, LLC RELA TIVV TO
THE DEVELOPMENT KNOWN AS THE HELLMAN
RANCH
I
October 27, 1997
1
/'(
f1~/
~~
~
I)
Ordinance Number /~:L
TABLE OF CONTEJITS
RECITAI.S. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .1
Article 1. Property Subject To This Development Agreement
And Term Of This Development Agreement. . . . . . . . . . . . . . . . . 2
1.1 Property Subject to this Development Agreement. . . . . . . . . . . . .. 2
1.2 Term. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .....2
1.2.1 Term Of Development Agreement. . . . . . . . . . . . . . . . . .. 3 I
1.2.2 Term Of Subdivision Maps And Use Permits. . . . . . . . . . .. 3
2.3
Development of the Subject Property. . . . . . . . . . . . . . . . . . . . . . .3
Vested Components. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
Development Timing. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .3
'2.2. r Development Scheduling . . . . . . . . . . . . . . . . . . . . . . . . . 3
2.2.2 No Phased Growth Control. . . . . . . . . . . . . . . . . . . . . . . . 3
2.2.3 Infrastructure Components Not Within City Control. . . . . . . .4
Mineral Exploitation. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4
2.3.1 Prohibition In Residential, Open Space And Recreational
Article 2.
2.1
2.2
Areas . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .4
2.3.2 No Restriction In Mineral Production Areas . . . . . . . . . . . . . 4
2.4 Rules, Regulations and Official Policies. . . . . . . . . . . . . . . . . . . . .4
2.4.1 Existing Regulations Apply . . . . . . . . . . . . . . . . . . . . . . . 4
, 2.4.2 Subdivision Of Subject Property. . . . . . . . . . . . . . . . . . . . .4
2.4.3 Building And Fire Code Amendments Not Precluded. . . . '. . .4
2.4.4 Fntitlements as to Remainder. . . . . . . . . . . . . . . . . . . . . . . 5
2.5 Development, Regulatory Mitigation and Application Fees . . . . . . .. 5
2.5.1 Umitations.................................. 5
2.5.2 MRegulatory FeesM Defined. . . . . . . . , . . . . . . . . . . . . . . . 6
Article 3. Obligations Of The Parties . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .6 I
3.1 Developer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
3.1.1 Development Of The Subject Property. . . . . . . . . . . . . . . . .6
3.1.2 Impact Mitigation. . . . . . . . . . . . . . . . . . . . . . . . . . . .. .6
3.2 City. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6
3.2.1 Hazardous And Toxic Materials Clean-up. : . . . . . . . . . . . . .6
3.2.2 Assessment Proceedings. . . . . . . . . . . . . . . . . . . . . . . . . . 6
(a) Construction And Acquisition Proceedings. . . . . . . . . 6
(b) Maintenance District Proceedings. . . . . . . . . . . . . . . 8
(c) Disclosure to Future Landowners. . . . . . . . . . . . .. .8
(d) Best Efforts Undertaking. . . . . . . . . . . . . . . . . . . . .8
(e) Use of Proceeds. . . . . . . . . . . . . . . . . . . . . . . . .. 8
3.2.3 City's Good Faith In Processing. . . . . . . . . . . . . . . . . . . . .8
3.2.4 Right Of Reimbursement From Assessment Proceeds . . . . . . . 9
Article 4. Default, Remedies, Termination. . . . . . . . . . . . . . . . . . . . . . . . . . . . 9
4.1 General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9
4.1.1 Events Of Default And Notice. . . . . . . . . . . . . . . . . . . . . . 9
4.1.2 Remeclies................................... 9
4.1.3 No Waiver. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .9
4.1.4 Developer's Remedies Umited To Mandamus. . . . . . . . . .. 9
4.1.5 City Defaults. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 I
4.1.6 Default Remedies Limited To Effected Parcel . . . . . . . . . . . 10
4.1. 7 Copies Of Default Notices. . . . . . . . . . . . . . . . . . . , . . . .10
4.1.8 Breach By Action Of The Electorate. . . . . . . . . . . . . . . . . 10
4.2 Annual Review. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 10
4.2.1 Director Of Development Sorvices . . . . . . . . . . . . . . . . .. 10
4.2.2 Developer's Burden. . . . . . . . . . . . . . . . . . . . . . . . . . . . 10
4.2,3 Director's Decision: Appeal. . . . . . . . . . . . . . . . . . , . . . .10
4.2.4 Staff Reports . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .10
Ordinance Number I~~
4.2.5 Failure To Comply: Notice Of Termination . . . . . . . . . . .. 11
4.2.6 Failure To Conduct Review, etc. . . . . . . . . . . . . . . . . . .. 11
4.2.7 Notice Of Compliance. . . . . . . . . . . . . . . . . . . . . . . . .. 11
4.3 Applicable lawl Attorneys' Fees . . . . . . . . . . . . . . . . . . . . . .. . 11
Article 5. Permitted Delays; Effect of Subsequent laws. . . . . . . . . . . . . . . . . . .11
5.1 Permitted Delays. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 11
5.2 Arbitration Of Disputes Over Existence Of Excusable Delay . . .. . . . .12
5.2.1. Disputes Subject To Arbitration. . . . . . . . . . . . . . . . . . . . 12
5.2.2 Demand................................... .12
5.2.3 Meet And Confer. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .12
5.2.4 Response.................................. .12
5.2.5 Submission To Arbitration. . . . . . . . . . . . . . . . . . . . . . . .12
5.2.6 Hearing................................... 12
5.2.7 Payment Of Costs By The Parties . . . . . . . . . . . . . . . . . . . 12
5.2.8 Award Of Costs AndFees.'. ..................... .12
5.3 Effect Of Subsequent laws. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
I
Article 6.
6.1
6.2
Article 7.
7.1
7.2
7.3
I
Cooperation of City .... ... ...... . .... . " . ... .. . . . . . .13
Other Governmental Permits. . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.1.1 City Action. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 13
6.1.2 Modification Of Development Agreement
To Obtain Permits, etc. . . . . . . . . . . . . . . . . . . . . . . . . . 13
Cooperation In Dealing With Legal Challenge. . . . . . . . . . . . . . . .13
Mortgagee Protection; Certain Rights of Cure. . . . . . . . . . . . . . . .13
Mortgagee Protection. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .13
Mortgagee Not Obligated. , . . . . . . . . . . . . . . . . . . . . . . . . .. .14
Notice Of Default To Mortgagee. . . . . . . . . . . . . . . . . . . . . . . . 14
Article 8. Transfers And Assignments. . . . . . . . . . . . . . . . . . . . . . . . . . . .14
8.1 Restriction On Transfer Of Developer's Rights
And Obligations. . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
8.2 Permitted Transfers. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .14
8.3 Release Of Transferring Develop:r. . . . . . . . . . . . . . . . . . . . . . .15
8.4 No Third Parties Benefited. . . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8.5 Covenants Run With The Land . . . . . . . . . . . . . . . . . . . . . . . . . .15
Article 9.
9.1
9.2
Article 10.
10.1
10.2
10.3
10.4
Release Of Development Agreement Obligations As
To Developed Portions Of Subject Property. . . . . . . . . . . . . . . . .16
Statement Of Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Release,.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .16
Amertdment.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16
General Provision. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16
Administrative Amendments. . . . . . . . . . . . . . . . . . . . . . . . . . . 16
City Waivers.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. 16
Right Of Amendment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .16
Article 11. General Provisions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11.1 Project isa Private Undertaking. . . . . . . . . . . . . . . . . . . . . . . . .17
11.2 Notices, Demands and Communications Between The Parties . . . . . .17
11.3 NoJointVentureorPartnership........................ .17
11.4 Severability...................................... 17
11.5 Interpretation..................................... 17
11.6 Completion Or Revocation. . . . . . . . . . . . . : . . . . . . . . . . . . . . 17
11.7 Estoppel Certificate. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17
11.8 Construction.......................................................................... .18
11.9 Counterpart Execution. . . . . . . . . . . : . . . . . . . . . . . . . . . . . . . 18
11.10 Time..... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 18
1
. Ordinance Number /<<.7~
LIST OF EXHIBITS
Exhibit 1:
Exhibit 2:
Exhibit 3:
Exhibit 4:
Exhibit S:
Property Descriptions. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .20
Plot Plan of Property . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . 2S
History of Hearings and Proceedings on Development Agreement. . . 26
Development Agreement Ordinance. . . . . . . . . . . . . . . . . . . . . . 28
Vested Components. . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . .29
I
.. ..
I
I
I
I
1
Ordinance NUmber/~.?~
DEVELOPMENT AGREEMENT
BY AND BETWEEN THE CITY OF SEAL BEACH AND
HELLMAN PROPERTIES, LLC RELATIVE TO
THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH
(Pursuant to Government Code
Sections 658~5869,5)
THIS. DEVELOPMENT AGREEMENT is entered into this day of
, 1997, by and between HELLMAN PROPERTIES, LLC, a
California limited liability company ("Developer") and the CITY OF SEAL BEACH, a municipal
corporation ("City"), pursuant to the authority of Sections 65864 through 65869.5 of the.
Government Code and Article 27.5 (Section 28-2751 et seq.) of the Code of the City of S~
Beach.
REeIT ALS:
A. To strengthen the public planning process, encourage private participation in
comprehensive planning, reduce the economic risk of development and obtain private
commitments necessary to develop well-planned, mixed use communities and procure
commitments of land and financing for open space and recreational land, the Legislature of the
Stale of California enacted Section 65864 et seq. of the Government Code ("Development
Agreement Legislation"). The Development Agreement Legislation authorizes City, and an
applicant for a development project, to enter into a development agreement, establishing certain
development rights in property that is the subject of a development project application. City has
adopted Article 27.5 (Section 28-2751, et seq.) of the Code of the City of Seal Beach to
implement the Development Agreement Legislation, in order to use development agreements to
carry out City's planning policies.
B. City is willing to provide Developer with the undertakings contained in this
Development Agreement because City has determined that development within such a framework
will provide public benefits, including, without limitation, dedication, protection and
enhancement of critical wetlands and open space resources. In addition, development will
provide City with increased tax revenues, development of a golf course that will be available for
play by residents of City, and creation of a well-planned residential community, all within a
regulatory framework that will require installation of the on and off-site road, sewer, water,
drainage, landscaping, irrigation and other improvements needed to serve the proposed
development project, as well as providing other benefits. In addition, the development
contemplated by this Agreement represents a significant reduction in density from prior
development proposals on the Subject Property (as defined herein) and provides for a major
increase in public benefits in the form of dedicated park and open space, wetlands restoration and
similar benefits.
C. Developer is the owner of all that certain parcel of real property located within the
City of Seal Beach, County of Orange, State of California more particularly described in Exhibit
I. attached hereto and incorporated herein by this reference (the "Subject Property"). The
Subject Property is shown on the Plot Plan, attached hereto, marked Exhibit 2 and incorporated
herein by reference (the "Plot Plan").
City has adopted a Specific Plan, enacted zoning and approved two vesting
tentative subdivision maps to estab~h uses and development standards for the Subject Property
and to mitigate adverse environmental impact that such proposed uses and contemplated
development may cause. The Specific Plan also provides for certain uses on lands owned by the
State of California (State Lands Commission)(described herein as the "State Lands Parcel"), City
Ordinance Number I~~
(described herein as the "City Parcel"), and Orange County Flood Control District (described
herein. as the "District Parcel"), which said uses are consistent with and related to uses to be
made on the Subject Property. The Specific Plan, the resolutions adopted and approval
conditions imposed by the City Council when it adopted the Specific Plan, enacted zoning for the
Subject Property, approved the vesting tentative subdivision maps and certified an environmental
impact report for the foregoing actions are referred to collectively herein as the "Approvals. "
D. Developer and City desire to utilize this Development Agreement to secure the
public benefits contemplated by the Approvals and to vest the entitlements created by the
Approvals in Developer and the Subject Property (upon all of the tenns and conditions thereof),
all as provided pursuant to Government Code Sections 65864 et seq. The vesting effect of this
Development Agreement is intended to apply to the Approvals and to all permits, approvals and
actions implementing the same pursuant to the procedures established in or referred to in the
Approvals and the "Vested Components" as defined in Section 2.1 below; provided, however,
that this Development Agreement does not constitute approval of conditional use permits or
precise plans that are required to be obtained to implement the uses contemplated in the
Approvals.
E. The City Council has reviewed and approves this Development Agreement. It
fmds that this Development Agreement is consistent with City's General Plan, the Specific Plan
and all applicable City ordinances, roles and regulapons, and that its implementation is in the best
interest of City and the health, Safety and welfare of its residents. City has considered and acted
upon the Development Agreement at the hearings described in Exhibit 3, attached hereto and
incorporated herein by this reference. The ordinance authorizing execution hereof by the City is
attached hereto, marked Exhibit 4 and incorporated herein by this reference. The environmental
impacts of the development contemplated herein, and of the Development Agreement, were
evaluated in the Final Environmental Impact Report ("FEIR") prepared by City and certified as
adequate by the City Council pursuant to the California Environmental Quality Act, through
adoption of Resolution No. 4562 (State Clearinghouse No. 96121009). The City Council finds
that the certification of the FEIR, the findings and the facts that support the findings and the
statement of overriding considerations adopted therein, apply with equal force to the approval of
this Development Agreement.
NOW, THEREFORE, City and Developer agree as follows:
Article 1. Property Subject To This Development Agreement And Tenn Of This
Development Agreement.
1.1 Property Subject to this Development Agreement. This Development
Agreement shall (i) apply to all of the Subject Property (and that portion of the land included
within the Southern California Edison Company ("SCE") right-of-way, as shown on the Plot
Plan, when, as and if the same is acquired by Developer), (ii) ron with fee title to the Subject
Property, and (Hi) the benefits and burdens hereof shall bind and enure to the benefit of all the
successors in interest of the parties. The Specific Plan and certain aspects of the Approvals
establish or suggest uses with respect to parcels not owned by Developer as follows: (i) a parcel
owned by the State Lands Commission of the State of California as shown on the Plot Plan (the
"State Lands Parcel"); (ii) a parcel owned by City as shown on the Plot Plan (the "City Parcel");
(Hi) a parcel owned or held under easement by SCE as shown on the Plot Plan, and (iv) a parcel
owned by the Orange County Flood Control District as shown on Exhibit 2 (the "District
Parcel").
This Development Agreement also includes agreements by Developer and City
with respect to the State Lands Parcel, the City Parce1 and the District Parcel, to the extent of the
ability of Developer and City to contract with respect to such Parcels.
1.2 Tenn.
I
I
I
I
1
I
Ordinance Number /~..1
1.2.1 Tenn or De~elopment Agreement. The term of this Development
Agreement ("Tenn") shall commence upon the effective date of the ordinance approving this
Development Agreement ("Ordinance Date") and shall continue until the twentieth (20th)
anniversary of the Effective Date, unless the Term is extended by duly adopted amendment
hereof, or earlier terminated in- accordance with the provisions hereof; provided, however, that if
the ordinance approving' this Development Agreement is made the subject of a referendum or is
challenged by legal action, then the Effective Date shall be the date when the referendum
proceedings and/or legal' proceedings have been concluded in a mann~r that permits the legal
commencement of the parties' obligations under this Development Agreement. If the Term has
not commenced by the fifth (5th) anniversary date hereof, then this Development Agreement shall
have no further force or effect unless the parties extend the same by duly executed written
instrument.
Notwithstanding the foregoing, however, (i) the restrictions contained in Section
2.3.1 shall apply so long as Parcel 2 is used for residential purposes; and the restrictions
contained in Section 2.3.2 shall apply so long as Parcels 1, 5 and 6 are used for mineral
extraction purposes, and (il) expiration or termination of this Development Agreement shall not
affect any right vested under California law independent of this Development Agreement.
1.2.2 Tenn or Subdi~biion Maps And Use Pennlts. The term of any parcel
map, tentative subdivision map, vesting parcel map or vesting tentative subdivision map relating
to the Subject Property or any part thereof, and the term of any subdivision improvement
agreement related to development of the Subject Property or any portion thereof, shall be
extended (pursuant to Government Code 66452.6(a)) for the longer of: (i) the Term, or (ii) the
term of the particular map otherwise allowed under the Subdivision Map Act, (Government Code
Ii 66410, et seq.), and City's Subdivision Ordinance.
Article 2.
De~elopment or the Subject Property.
2.1 Vested Components. The (i) permitted use of the Subject Property, (il)
provisions for reservation or dedication of land for public purposes, (Hi) provisions for financing
and construction of public improvements to protect the general fund and the public generally
from the costs of development of the Subject Property, and (iv) other terms and conditions of
development that apply to the Subject Property (including, but without limitation, the density or
intensity of use and the maximum height and size of proposed buildings) under the Approvals and
certain other actions and proceedings (the Approvals and all such actions being identified in
Exhibit 5, attached hereto and incorporated herein by reference thereto), are declared "vested,"
and are referred to herein as the "Vested Components." No part of the Vested Components may
be revised or changed during the Term without the consent of the owner of the portion of the
Subject Property to which the change applies, except as provided in Sections 2.4 and 2.5 hereof.
After the Ordinance Date, the Vested Components shall be effective against, and shall not be
amended by any ordinance or regulation enacted after the Ordinance Date, whether adopted or
imposed by the City Council or through the initiative or referendum process.
2.2 De~elopment Timing.
2.2.1 De~elopment ScheduUng. Developer shall have no obligation to initiate
or complete development of any phase of the Subject Property within any period of time except
(i) as may otherwise be stated in the Vested Components or a separate agreement or undertaking
that (a) is part of the Vested Components, or that (b) is entered into in support of any community
facilities or assessment district financing, or (ii) as provided in the Subdivision Map Act (Gov't
Code U 66400 et. seq.) or City's subdivision ordinance as applied to subdivision improvement
agreements. .
2.2.2 No Pbased Growth Control. No future modification of City's code or
ordinances, or adoption of any code, ordinance, regulation or other action that purports to (i)
limit the rate of development over 6'me, (il) directly or indirectly limit the number of residential
building permits issued or obtainable during any period within the Term, or (Hi) alter the
sequencing of development phases (whether adopted or imposed by the City Council or through
the initiative or referendum process) shall apply to the Subject Property or any part thereof; nor
Ordinance Number /~~
shall any such modification or adoption of a code, ordinance or regulation modify the rights held
by Developer hereunder.
2.2.3 Infrastructure Components Not Within City Control. City shall
cooperate with Developer and use its best efforts to bring about construction of the infrastructure
required for the development contemplated in the Vested Components that is not within City's
IIIId Developer's control; and no permits or approvals for development of the Subject Property
shall be withheld pending completion of such construction unless allowing such development to
proceed prior to completion of construction would (i) violate an order of court, (ii) violate an
order of a govemment;ll agency with jurisdiction over City, (iii) pose a threat to health and I
safety, or (iv) violate any condition of the Approvals imposed by City or any other governmental
authority with jurisdiction over the Subject Property, or any mitigation measure imposed by the
FEIR.
2.3 Mineral Exploitation.
2.3.1 Prohibition In Residential, Open Space And Recreational Areas. No
portion of the surface of Parcel 2, as shown on the Plot Plan (and no portion of said Parcel 2 that
lies below and within five hundred (500) feet of the surface of Parcel 2) may be utilized for
extraction of oil, gas, hydrocarbon or any other mineral, metal, rock or gravel or any activities
associated with or ancillary to any such activities. Nothing herein contained shall be deemed to
prevent or restrict (i) movement or export of rock, gravel or earth as part of grading activity
undertaken pursuant to a grading permit issued by City in connection with development allowed
under the Vested Components, or (Ii) creation, maintenance or operation of water wells.
2.3.2 No Restriction In Mineral Production Areas. No regulation, ordinance
or rule shall be adopted by City after the Ordinance Date to prohibit, limit or restrict mineral
production, drilling and extraction activities on the surface and subsurface of Parcels I, 6 and 7,
as shown on the Plot Plan. All such activities on said Parcels shall continue to be governed and
controlled by laws, ordinances, rules and regulations in effect on the Ordinance Date.
2.4 Rules, Regulations and Omcial Policies.
I
2.4.1 Existing Regulations Apply. Subject to the terms of Sections 2.4.2 and
2.4.3, the Vested Components shall control development of the Subject Property. As to any
subject or matter not addressed in the Vested Components, development of the Subject Property
shall be subject to City's General Plan, zoning ordinance, and other rules, regulations,
ordinances and official policies that apply to such development on the Ordinance Date; provided,
however, that any conflict between the Vested Components and such plans, ordinances, rules,
regulations and policies shall be resolved by giving full effect to the Vested Components and the
provisions' hereof to the extent permitted by law. To the extent that any future changes in the
General Plan, the zoning codes or other rules, ordinances, regulations or policies (other than the
building and other codes excepted pursuant to Section 2.4.3) conflict with this Development
Agreement and the Vested Components, this Development Agreement and the Vested
Components shall control.
2.4.2 Subdivision or Subject Property. Developer shall have the right from
time to time to file subdivision maps and/or parcel maps with respect to some or all of the
Subject Property. Nothing herein contained shall be deemed to authorize Developer to subdivide
or use any of the Subject Property for purposes of sale, lease or financing in any manner that
conflicts with (i) the Subdivision Map Act, or (Ii) with City's subdivision ordinance. For I
purPoses hereof, however, City's subdivision ordinance shall be limited to and mean the
ordinance terms and conditions as of the Ordinance Date hereof; and no provision of a
subdivision ordinance enacted, or that becomes effective, after the Ordinance Date shall reduce
Developer's rights or increase its burdens under the Vested Components except to the extent that
such ordinance is required to implement and carry out provisions of state law enacted after the
Ordinance Date.
2.4.3 Building And F1re Code Amendments Not Precluded. Notwithstanding
any other provision to the contrary, nothing herein contained shall be deemed to prevent adoption
I
1
I
Ordinance Number~~r';t
and application to improvements upon the Subject Property of laws, ordinances, uniform codes,
rules or regulations pertaining to or imposing life-safety, fire protection, mechanical, electrical
and/or building integrity requirements to the extent that such regulations apply generally
throughout 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 Regulations; (iv) Uniform Swimming Pool, Spa and Hot Tub
Code, 1994 Edition; (v) Uniform Housing Code, 1994 Edition; (vi) Uniform Code for
Abatement of Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994 Edition; (viii)
National Electric 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 D-H and IV-A, and including those
amendments to that Code set forth in Title 24, California Code of Regulations; (x) Uniform Solar
Energy Code, 1994 Edition; (xi) Uniform Building Security Code, 1994 Edition; (xii) Uniform
Administrative Code, 1994 Edition; and (xiii) Appendix Chapter 1 of the 1994 Uniform Code for
Building Conservation.
2.4.4 Entitlements as to the Remainder. Notwithstanding any other provision
in this Agreement, the City is not conferring upon the Developer, and Developer is not receiving,
any entitlements or rights, vested or otherwise, to any use in or on the area defined as Planning
Area No.9 (the "Remainder") in the Hellman Ranch Specific Plan other than the existing mineral
production uses. Any potential future use is not an entitled land use (See Table 4-2, Hellman
Ranch Specific Plan).
2.5 Development, Regulatory Mitigation and AppUcation Fees.
2.5.1 Limitations. All application fees, processing fees, development
impositions and regulatory fees, set by or within the control of City (including, but without
limitation, any fee or charge levied or imposed in coMection with or by reason of the conduct of
development or business activity within City), (i) levied upon the Subject Property or any part
thereof, (ii) charged as a condition to any application for or approval of development or condition
thereof, or (iii) imposed to mitigate adverse environmental impacts, shall be subject to the
following limitations:
(1) Application and processing fees shall not exceed those in place as of
the Ordinance Date, as increased from time to time to reflect any changes in the actual costs
incurred by City in processing such applications or managing such processes;
(2) Regulatory fees shall be limited to the categories and amounts listed
on Schedule 1 of the Vested Components and may be adjusted in the future to the lesser of (i)
amounts set by City, or (ii) the amounts existing as of the Ordinance Date, revised in proportion
to changes in either (a) the United States Department of Labor, Bureau of Labor Statistics'
Consumer Price Index (all Urban Consumers), or (b) such other index used by City as a fair
indicator of fluctuations of the costs in question, from the Ordinance 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 Subject Property or development thereof, except as provided in Section
2.5.1(3) below); and
(3) No new regulatory fees and/or development impositions, may be
imposed on all or parts of the Subject Property or development thereof unless (i) they apply on a
City-wide basis and are not limited to the Subject Property, or any part thereof; (ii) the amount
charged has been determined in accordance with all applicable law and is based upon evidence
that said amount is necessary to mitigate public health and/or safety impacts directly caused by
the development against which the charge is imposed; and (Hi) Developer shall be entitled to
credit for fees paid and the value of work performed prior to the enactment of such regulatory fee
requirements where such fees or wo1k deal with or pertain to the same subject matter.
None of the foregoing limitations shall apply to business license fees
lawfully levied and collected in a non-discriminatory manner on a City-wide basis.
Ordinance Number 1~.2~
2.5.2 "Replatory Fees" Dermed. "Regulatory fees" (constituting the categories
and types offees and charges that are limited pursuant to Sections 2.5.1(2) and 2.5.1(3)) shall
include all charges, levies and impositions that are or would be so categorized (or as
"development impositions") under applicable California law as of the Ordinance Date (in contrast
with "special taxes").
Article 3.
Ob1igations or The Parties.
3.1 Developer.
1
3.1.1 Development or The Subject Property. Developer shall develop the
Subject Property in accordance with and subject to the Vested Components.
3.1.2 Impact MItigation.
(a) Construction Of Improvements. The public improvements to be
constructed or installed as conditions of development shall be constructed or installed without
cost or expense to City except as otherwise provided in the Vested Components.
(b) Subdivision Improvement Agreements And Bonds. Assurance
concerning performance of work required to be performed within portions of the Subject
Property to be subdivided shall be required as a condition to filing the final subdivision maps or
parcel maps for the portion of the Subject Property to be subdivided, such assurance to be in the
form of an improvement agreement requiring construction or acquisition of such improvements,
entered into in accordance with procedures established pursuant to City's Subdivision Ordinance
(with bond or other surety provided as therein required), unless City approves an alternative
method for providing assurance of such improvement installation, with Developer's consent, or
unless a community facilities district has been formed with provision for construction or
acquisition of the improvements in which case no further assurance or surety shall be required.
3.2 City.
1
3.2.1 Hazardous And Toxic Materials Monitoring. City shall diligently
monitor the hazardous materials discharge that has occurred on property owned by City that has
allegedly contaminated a portion of the subsoil and groundwater of the Subject Property, without
cost or expense to Developer, for an eight year period commencing January, 1999. The annual
cost of the monitoring is estimated at $8,lXlO-$12,OOO and in no event shall exceed $12,000 in
any calendar year. The City's monitoring program shall be undertaken in full compliance with
all applicable laws, ordinances, rules and regulations and is subject to the approval of Orange
County. City shall obtain all permits and certifications required by any public authority in
connection with such monitoring. City shall indemnify Developer and hold Developer harmless
of and from any and all loss, cost, damage, injury or expense, arising out of or in any way
related to such discharge. The city further agrees to seek funding from state or federal sources to
remedy the discharge.
3.2.2 Assessment Proceedings.
(a) Construction And Acquisition Proceedings. Developer may
desire to initiate assessment and/or community facilities district proceedings to finance payment
of all or portions of the design, acquisition and construction costs required to be paid for off-site I
improvements to be designed and constructed in connection with development of all or portions
of the Subject Property pursuant to the Vested Components. City acknowledges that Developer
shall have the right to initiate improvement and assessment proceedings utilizing any assessment
mechanisms authorized under the law of the State of California where the property subj~t to
assessment provides primary security for payment of the assessments. Developer may initiate
such assessment proceedings wiLh respect to a portion of the Subject Property to provide
financing for design or construction of improvements for such portion without the consent of the
owners of any other portion, to the extent such consent is not required, or protest permitted, by
law, so long as the proceedings are conducted without cost or expense to or liability imposed
1
1
1
Ordinance Number /~.t
upon the owners of the other portions of the Subject Property. In addition to the restrictions and
limitations imposed by the legislation adopted pursuant to Proposition 218 and other applicable
State and federal laws, such financing arrangements shall be subject to the following general
parameters:
(i) City shall diligently process such application so long as the
application:
(aa) complies with law;
(bb) is otherwise regular in form; and
(cc) is consistent with City's standards.
(ii) Upon written demand of the City Manager or his/her
designee, the Developer shall advance amounts necessary to pay all costs and expenses of the
City to evaluate and structure any fmancing district, to the end that the City will not be obligated
to pay any costs related to the formation or implementation of any financing district from its own
general funds. City staff will meet with the Developer to establish a preliminary budget for such
costs, and will confer with the Developer from time to time as to any necessary modifications to
that budgeL
(ill) City shall diligently seek to sell any bonds to be issued and
secured by such assessments upon the best terms reasonably available in the marketplace;
provided, however, that City's duty to market bonds shall be suspended during any period when
marketing conditions render the issuance economically infeasible. The fmancial viability of any
assessment or community facilities district will be of material concern to the City. The City will
consider written requests by the Developer as to the size and timing of any particular bond issue,
as well as the advice of any financial consultant and/or underwriter employed by the City in
connection therewith. The Developer understands that the City will have disclosure obligations
under State and federal securities laws to prospective purchasers of debt incurred in connection
with any public financing, and agrees to provide the City with any information reasonably
requested in connection with such disclosure obligations.
(iv) Any public financing shall be secured solely by assessments
or special taxes levied within the respective district, and proceeds of the bonds issued that are
placed in a bond fund or reserve fund for the financing. The City's general fund and its tax
increment revenues shall not be pledged to the repayment of any public financing contemplated
by this Section.
(v) The payment of actual initial and annual administrative costs
of the City to be incurred in connection with any financing district shall be adequately assured,
through the inclusion in any assessment or special tax methodology of appropriate provision for
such costs as estimated by the City, to the end that the City's general fund shall never be called
upon to provide for initial or any annual administrative costs related to any financing d~strict.
(vi) All current and projected annual assessments, special taxes,
real property taxes and any other amounts due to public agencies which are secured by liens on
any parcel within the Property shall not exceed two percent (2 %) of the estimated market value
of the property upon completion of expected public and private improvements. The estimated
market value shall be determined by City staff and consultants based upon independent absorption
studies, appraisals and such other data as City staff may deem relevant in the circumstances. To
the extent practicable, City staff shall allow an opportunity for the Developer to provide input
and commentary on such data prior to its publication. The Developer hereby represents that it
does not anticipate the formation of any community facilities district to finance the needs of any
school district arising from development of the Property.
(vii) In any such assessment proceeding, Developer shall be
entitled to add the value of the land in internal streets (meaning streets within the boundaries of
any parcel or subdivision map) to the assessment or other proceedings, subject to the lien-to-
value ratios established herein; provided, however I that if the rights-of-way for all streets within
Ordinance Number /~~~
the Subject Property are dedicated to the City, title thereto shall not be subject to any assessment
lien, nor shall any portion thereof be purchased directly or indirectly by City.
(b) Maintenance District Proceedings. City and/or Developer may
determine to create maintenance districts to fund maintenance and operating costs for open space
areas, trails and trailhead staging areas, wetlands mitigation areas, storm water detention areas,
landscaped medians, streetlighting and other improvements. Subject to the restrictions and
limitations imposed by the legislation adopted pursuant to Proposition 218 and other applicable
State and federal laws, City shall diligently process such applications that comply with law and
are otherwise regular in form. Developer and/or City shall have the right to form or create such I
maintenance districts under any mechanism authorized by law where the benefitted property may
be assessed or charged for payment of such maintenance and operating cost. Developer and/or
City may initiate proceedings for formation of such maintenance districts with respect to a
portion of the Subject Property to provide for maintenance of improvements for such portion
without the consent of the owners of any other portion, to the extent such consent or a protest
proceeding is not otherwise required by law, so long as the proceedings are conducted without
cost or expense to or liability imposed upon the owners of the other portions of the Subject
Property. .
(c) Disclosure to Future landowners. The Developer shall comply
with all applicable laws as to the disclosure of the existence of any financing district to the
purchasers of any portion of the Property within such district. Any and all such disclosure
documentation shall be filed with the office of the City Manager. The City may require the
Developer to submit a particular form of disclosure statement, in addition to any disclosure
required under applicable law, to prospective purchasers of all or a portion of the Property,
provided that the Developer, is offered the opportunity to comment on any proposed disclosure
statement prior to its publication.
(d) Best Efforts Undertaklog. The Developer acknowledges that the
formation of any financing district is subject to protest hearings and, in some cases, voter
approval. Although the City agrees to use its best efforts to form one or more financing districts
in accordance with the foregoing, it shall incur no monetary liability for its failure to form any
such financing district. City staff shall meet and 'confer with the Developer from time to time
with respect to all major aspects of any financing district, but the final decisions regarding all
aspects of such financing districts shall be subject to the review and approval of the City Council.
I
(e) Use or Proceeds. All of the proceeds of the reimbursement
agreements or other fmancial obligations levied or imposed on ~nefited Property pursuant to
this section shall be retained for the benefit of City and, together with all interest earned thereon,
shall be allocated in the following order of priority no later than ninety (90) days from the date of
collection thereof:
(i) Reimbursement to City of its ordinary and necessary
administrative costs incurred in the creation and administration of such reimbursement
agreements.
(ii) If Developer has loaned or advanced any funds to the City to
fund the Improvements to which the Proceeds are applicable, to repay or reimburse Developer
for such loans or advances, pursuant to Section 3.2.4 of this Agreement.
(ill) To reimburse Developer, or otherwise pay, for the costs of I
the planning, engineering, design, construction, acquisition or expansion of the Improvements to
which the Proceeds are applicable. Proceeds shall be applied for such purposes before any fees,
taxes, charges, assessments or bond proceeds.
3.2.3 City's Good Faith In Processing. City shall accept, process and review,
in good faith.and in a timely manner, (subject to payment of such application fees as may be
charged hereunder in connection therewith) all applications required under all applicable laws,
ordinances, rules and regulations for use of the Subject Property, in accordance with the terms of
this Development Agreement and as required to determine the compliance of such application
-'
1
1
I
Ordinance Number /~.2.
with applicable legal requirements. The scope of City's review of remaining or supplementary
applications for development approvals shall be conducted in accordance with this Development
Agreement and then applicable law, to the extent that applicable law does not conflict with this
Development Agreement.' To the maximum extent possible under the circumstances, applications
for further approvals on the Subject Property shall be given priority in processing.
3.2.4 Right Of Reimbursement From Assessment Proceeds. Developer shall
have the right to obtain reimbursement in any such assessment proceeding, special tax proceeding
or other financing proceeding undertaken by City, for any costs incurred or fees paid for
administration, design and construction of improvements or implementation of mitigation
measures that can properly be included in such assessment proceedings, such reimbursement to
be made together with interest thereon at the rate of interest being charged on the principal
amount of the assessments from which said reimbursement is made or at such other rate as City
determines fairly compensates for the cost of the funds to be reimbursed.
Article 4.
Default, Remedies, Tennination.
4.1 General Provisions.
4.1.1 Eyents Of Default And Notice. Subject to extensions of time by mutual
consent in writing, or as otherwise provided herein, material failure or delay by any party to
perform any term or provision of this Development Agreement constitutes a default hereunder.
Upon default under this Development Agreement or any of its terms or conditions, the party
claiming such default or breach shall give the breaching party not less than thirty (30) days
written notice of default, measured from the date of personal service or delivery by certified
mail, specifying in detail the nature of the alleged default and when appropriate, the manner in
which said default may satisfactorily be cured. During any such thirty (30) day cure period, the
party charged shall not be considered in default for purposes of termination or institution of legal
proceeding.
4.1.2 Remedies. After proper notice and expiration of said thirty (30) day cure
period (or such longer period as the party claiming default may specify) without cure, or if such
cure cannot be accomplished within such thirty (30) day period, without commencement of cure
within such period and diligent effort to effect cure thereafter, the party to this Development
Agreement' that has given notice of default may, at its option, institute legal proceedings to
enforce this Development Agreement or give notice of intent to terminate this Development
Agreement, pursuant to Government Code Section 65868. Notice of intent to terminate shall 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. Evidence of default also may arise during annual review pursuant to Secti~n 4.2 below.
Any determination of default (or any determination of failure to demonstrate good faith
compliance as a part of annual review) made by City against Developer, or any person who
succeeds to Developer with respect to any portion of the Subject Property, shall be based upon
written fmdings 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 II094.S(c).
4.1.3 No Waiver. Except as otherwise provided herein, any failure or delay by
a party to asser1 any of its rights or remedies as to any default for a period of not to exceed one
(I) year shall not operate as a waiver of any default or of any such rights or r.emedies; nor shall
such failure or delay deprive any such party of its right to institute and maintain any actions or
proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies.
4.1.4 Deyeloper's Remedies Limited To Mandamus. City's performance of
this Development Agreement is comprised of ministeria1, non-discriminatory duties that the law
specifically enjoins and administrative actions taken as the result of proceedings in which by law
hearings are required to be given, evidence is required to be taken and discretion in the
Ordinance Number 111.2.2.
determination of facts is vested in City, and, except as otherwise provided in Section 4.1.5
below, Developer shall be entitled to obtain relief only in the form of a writ of mandate in
accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to
remedy any default by City in the performance of its obligations and duties under this
Development Agreement. Nothing in this Section 4.1.4 shall be deemed to alter the evidentiary
standard or the standard of review that applies to any action of or approval by City pursuant to
this Development Agreement or with respect to the Subject Property.
4.1.5 City Def'aults. If City does not accept, review, approve or issue
development permits, entitlements or other land use or building approvals, if any, for use in a 1
timely fashion as provided in this Development Agreement or defaults in performance of the
obligations on its part to be performed hereunder, Developer (or the owner of the portion of the
Subject Property to which such default applies) shall have the rights and remedies provided
herein or available in law or in equity, including, but without limitation, the right to seek specific
performance and/or writs of mandate in an appropriate case.
, 4.1.6 Default Remedies Limited To Effected Parcel. Notwithstanding anything
to the contrary herein contained, where a default has occurred only with respect to a particular lot
or parcel, any remedy or right of termination arising hereunder shall apply solely to or with
respect to such lot or parcel and affect only the owner thereof and the holders of interests therein.
No liability shall be imposed against or apply to any parcel or portion of the Subject Property
with respect to which no default has occurred, nor shall any obligation be imposed against or
applied to the owner thereof.
4.1.7 Copies Of Default Notices. The owner of any portion of the Subject
Property shall have the right to request copies of notice of default given to the owner of any other
portion of the Subject Property. City and any owners of other portions of the Subject Property to
whom such request has been made shall honor the same and provide such notice in the manner
and to the address specified in the request.
4.1.8 Breach By Action Of The Electorate. 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 Development
Agreement solely to comply with a measure adopted by initiative after entry of such a final, non-
appealable order subjecting this Development Agreement to the effects of legislation adopted by
initiative after the Ordinance Date, this Development Agreement shall be modified or suspended
to the extent required by Government Code Section 65869.5 and Developer's remedies by reason
thereof shall be limited to reformation or rescission of this Development Agreement.
1
4.2 Annual Review. Good faith compliance by Developer with the provisions hereof
shall be subject to annual review, utilizing the following procedures:
4.2.1 Director Of Development Services. Review shall be conducted by the
Director Of Development Services ("Director").
4.2.2 Developer's Burden. During review, Developer shall be required to
demonstrate good faith compliance with the terms of this Development Agreement and provide
such documents in connection with such demonstration as the Director may reasonably request.
4.2.3 Director's Decision: Appeal. At the conclusion of the review, Director
sha1l make written findings and determinations on the basis of substantial evidence, whether or I
not Developer or its successors have complied in good faith with the terms and conditions hereof.
Any determination of failure of compliance shall be subject to the notice requirements and cure
periods stated in Section 4.1. Any interested person may appeal the decision of Director directly
to the City Council, such appeal to be filed within ten (10) days after Director has rendered his
decision in writing or issued a Certificate of Compliance.
4.2.4 Staff Reports. At least ten (10) days prior to the conduct of any such
review, Director shall deliver to Developer a copy of any staff reports and documents to be used
1
1
1
Ordinance Number /4.22.
or relied upon in conducting the review. Developer shall be permitted an opportunity to respond
to Director's evaluation of its performance by written and oral testimony at a public hearing to be
held before Director.
4.2.5 FaUure To Comply: Notice or Termination. If Director determines that
Developer (or any person, firm or entity owning a portion of the Subject Property) has not
complied with the terms and conditions hereof, Director may recommend to the City Council that
City give notice of termination or modification of this Agreement as provided in Government
Code n 65867 &. 65868. If termination is proposed, it shall apply solely with respect to that
portion of the Subject Property (if less than all) affected by the failure to show good faith
compliance and shall be subject to the provisions of Sections 4.1.2 and 4.1.4 hereof. If
modification hereof is proposed, the modification shall pertain solely to the provisions hereof that
apply to that portion of the Subject Property (if less than all) affected by the condition that has
prompted the proposed modification.
4.2.6 FaUure To Conduct Review, etc. If City fails either to (i) conduct the
annual review for any year, or (ii) notify Developer in writing (following the time during which
review is to be conducted) of City's determination as to compliance or noncompliance with the
terms of this Agreement, and such failure remains uncured for sixty (60) days after the date when
Developer provides to City notice that such annual review should have been conducted, such
failure shall constitute an approval of Developer's compliance with the terms hereof for purposes
of the annual review to be conducted within said year.
4.2.7 Notice or Compliance. City shall provide a written "Notice of
Compliance" in recordable form, duly executed and acknowledged by City, whether City's
annual review has resulted in a determination of compliance or compliance is deemed found
pursuant to the preceding subparagraph. Any person owning a portion of the Subject Property
shall have the right to record such Notice of Compliance.
4.3 AppDcable Law/Attorneys' Fees. This Development Agreem~nt shall be
construed and enforced in accordance with the laws of the State of California. Should any legal
action be brought by either party claiming a breach of this Development Agreement or to enforce
any provision of this Development Agreement, or to obtain a declaration of rights hereunder, the
prevailing party shall be entitled to actual attorneys' fees, court costs and such other costs as may
be fixed by the Court.
Article S. . Pennitted Delays; meet or Subsequent Laws
5.1 Pennitted Delays. Performance by any party of its obligations hereunder (other
than for payment of money) shall be excused during any period of "Excusable Delay" as
hereinafter defined. Excusable Delay shall also extend the Term hereof for the period of the
Excusable Delay or five (5) years, whichever is the shorter. For purposes hereof, Excusable
Delay shall include delay beyond the reasonable control of the party claiming the delay (and
despite the good faith efforts of such party) including (i) acts of God, (ii) civil commotion, (iii)
riots, (iv) strikes, picketing or other labor disputes, (v) shortages of materials or supplies, (vi)
damage to work in progress by reason of fire, floods, earthquake or other casualties, (vii) failure,
delay or inability of the other party to act, (viii) inability of City, after requests by Developer, to
hold hearings necessary to take the actions contemplated in Sections 3.2.2 and/or 3.2.3 hereof,
(ix) delay caused by governmental restrictions imposed or mandated by other governmental
entities, (x) enactment of conflicting state or federal laws or regulations, (xi) judicial decisions or
similar basis for excused performance; (xii) litigation brought by a third party attacking the
validity of this Development Agreement, any of the approvals, or any permit, ordinance,
entitlement or other action necessary for development of the Subject Property or any portion
hereof, shall constitute an excusable delay as to the Subject Property or the owner affected;
provided, however, that any party claiming delay shall promptly notify the other party (or
parties) of any delay hereunder as soon as possible after the same has been ascertained, and give
notice to the other party or parties of the end of the event or condition causing the delay as soon
as reasonably possible after cessation of the event or condition causing the delay.
Ordinance Number J'~.2~
5.2 Arbitration or Dispute Over Existence or Excusable Delay.
5.2.1 Disputes Subject To Arbitration. Any dispute between the parties
concerning the existence of Excusable Delay shall be resolved by arbitration. Such arbitration
shall be final and binding between the parties, and the order of the arbitrator may be enforced in
the manner provided for enforcement of a judgment of a court of law pursuant to the applicable
provisions of the California Code of Civil Procedure. The arbitration shall be conducted in
accordance with the procedures set forth in Sections 5.2.2 through 5.2.8 below.
5.2.2 Demand. Any party who has a claim (the "Demanding Party") hereunder
to be resolved through arbitration shall state the claim (the "Claim") in writing. The Claim shall
include (i) the item or matter in dispute, (ii) the Demanding Party's position, and (Hi) a specific
statement of the exact relief the Demanding Party requests.
I
5.2.3 Meet And Confer. The parties shall meet and confer in an attempt to
resolve the matter raised by the Claim. If they are unable to reach a resolution within thirty (30)
days after the date of the Claim, then within ten (10) days thereafter, the Demanding Party shall
either (i) restate its Claim, (ii) amend the Claim, or (Hi) withdraw the Claim. Failure on the part
of the Demanding Party to withdraw or amend the Claim in writing shall constitute a restatement
thereof.
5.2.4 Response. If the Claim is not withdrawn within the ten (10) day period
provided for in Section 5.2.3 above, the other party (the "Responding Party") shall, within
fifteen (IS) days after expiration of the ten (10) day period provided for in Section 5.2.3 above,
prepare a response to the Claim (the "Response") specifying (i) the Responding Party's position
on the Claim, and (ii) the exact relief the Responding Party requests.
5.2.5 Submission To ArlJitratlon. The matter or matters in dispute shall be
submitted to the arbitrator on the basis of the issue as framed by the Claim (as the same may have 1
been amended pursuant to Section 5.2.3 above) and the Response. The arbitrator shall be a
person from the Orange County Area with at least five (5) years experience and professional
qualifications in the subject matter in dispute under the Claim and Response. If the parties are
unable to agree on the selection of a single person to serve as arbitrator for the resolution of the
dispute within thirty (30) days after the date of the Response, then either party shall have the
right to apply for the appointment of a duly qualified person to act as arbitrator to the Presiding
Judge of the Superior Court of the County of Orange, State of California, and neither party shall
have any right to object to the qualifications of said Judge to make such appointment. If the
arbitrator resigns or refuses to serve, then a new arbitrator shall be appointed as herein provided.
5.2.6 Hearing. As soon as convenient after appointment, the arbitrator shall
meet with the parties to hear evidence and argument on their Claim or Response. The arbitrator
shall not be bound by the Rules of Evidence in the conduct of such proceeding although the
arbitrator shall take account of said rules in considering the weight of the evidence. To the extent
applicable, the decision of the arbitrator shall conform to law and the arbitrator shall be entitled
to retain an independent attorney to advise him as to such questions of law that may arise during
the proceeding. In making a decision, the sole function of the arbitrator shall be to determine
whether (i) the relief requested in the Claim, or (ii) the relief requested in the Response is the
more appropriate relief to be given in connection with the matter in dispute, and the arbitrator
shall have no right to fashion an independent or di.fferent result.
5.2.7 Payment or Costs By The Parties. Each party shall pay one-half (112) of 1
the fees and costs of the arbitrator and all of its own costs and attorneys' fees in connection with
the arbitration, except that the arbitrator may award to the prevailing party its costs and
reasonable attorneys' fees, pursuant to Section 5.2.8.
5.2.8 Award or Costs And Fees. The arbitrator shall have no right to award
costs or attorneys' fees to either party unless the arbitrator determines that the Claim or the
Response is based on a position totally lacking in merit or that was asserted for purposes solely of
1
1
1
Ordinance Number;l~~
delay, in which case the aJbitrator shall have the right to award costs and attorneys' fees to the
Prevailing Party.
5.3 FJTect or Subsequent laws. If any governmental or quasi-governmental agency
other than City adopts any law, regulation or imposes any condition ("Law"), after the date of
this Development Agreement that prevents or precludes compliance with one or more provisions
of this Development Agreement, and the provisions hereof are not entitled to the status of vested
right as against such Law, then the provisions of this Development Agreement shall, to the extent
feasible, be modified or suspended as may be necessary to comply with such Law. Immediately
after enactment of any such Law, the panies shall meet and confer in good faith to determine the
feasibility of any such modification or suspension based on the effect such modification or
suspension would have on the purposes and intent of this Development Agreement. Developer
shall have the right to challenge such Law and seek a declaration that it does not affect or
diminish the provisions hereof. If any such challenge is successful, this Development Agreement
shall remain unmodified and in full force and effect.
Article 6.
Cooperation or City.
6.1 Other Governmental Pennlts.
6.1.1 City Action. City shall cooperate with Developer in its endeavors to
obtain any other permits and approvals as may be required from other governmental or quasi-
governmental agencies having jurisdiction over the Subject Property or portions thereof
(including without limitation, public utilities or utility districts and agencies having jurisdiction
over transportation facilities and air quality issues) and shall, from time to time, at the request of
Developer join with Developer in the execution of such permit applications and agreements as
may be required to be entered into with any such other agency, so long as the action of that
nature will not require City to incur any cost, liability or expense without adequate indemnity
against or right of reimbursement therefor.
6.1.2 Modification or Development Agreement To Obtain Permits, etc.
Permits and approvals required from other agencies may necessitate amendments to this
Development Agreement and/or to one or more of the approvals or other approvals granted by
City. City shall not unreasonably withhold approval of any amendment hereof that is mandated
by conditions of approval imposed by any other governmental agency.
6.2 Cooperation In Deallng With Legal Challenge. If any action or other
proceeding is instituted by a third party or panies, other governmental entity or official
challenging the validity of any provision of the Approvals, the FEIR, or this Development
Agreement, Developer and City shall cooperate in defending any such action. City shall notify
Developer of any such legal action against City within ten (10) working days after City receives
service of process, except for any petition for injunctive relief, in which case City shall notify
Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless
and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to
challenge the validity or enforcement of the 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 Developer of any legal action against City, or if
City fails to reasonably cooperate in the defense, Developer shall not thereafter be responsible for
City's defense. Developer shall reimburse promptly all of City's defense costs including, without
limitation, court costs, attorneys fees and expert witness and consultant fees. Developer shall
promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may
be awarded in such action. City shall be entitled to select counsel to conduct its defense in any
such action; provided, however, that City shall instruct such counsel to cooperate with Developer
as provided in this Section 6.2.
Article 7,
Mortgagee Protection; Certain Rights or Cure.
7.1 Mortgagee Protection. This Development Agreement shall be superior and
senior to any lien placed upon the Subject Property, or any portion thereof, after the date of
recording this Development Agreement (other than liens to secure taxes and assessments levied
Ordinance Number /t/J~
by City to raise funds for construction of improvements or for other public purposes), including
the lien of any deed of trust or mortgage ("Mortgage"). Notwithstanding the foregoing, no
breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in
good faith and for value, but all of the terms and conditions contained in this Development
Agreement shall be binding upon and effective against any person or entity, including any deed
of trust beneficiary or mortgagee ("Mortgagee") who acquires title to the Subject Property, or
any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. The
terms hereof shall be binding upon and effective against any person or entity that acquires title to
the Subject Property, or any portion thereof, by foreclosure of or sale under any assessment lien
levied by City to raise funds for construction of improvements or for other public purposes.
1
7.2 Mortgagee Not Obllgated. Notwithstanding the provisions of Section 7.1 above,
no Mortgagee shall have any Obligation or duty under this Development Agreement to construct
or complete the construction of improvements, or to guarantee such construction or completion;
provided, however, that a Mortgagee shall not be entitled to devote the Subject Property to any
uses or to construct any improvements thereon other than those uses or improvements provided
for or authorized by this Development Agreement; and provided further, however, that the
purchaser or successor to any such Mortgagee shall not be relieved of any such construction
obligations all of which shall immediately reattach upon conveyance by such Mortgagee.
7.3 Notice Of Default To Mortgagee. If City receives notice from a Mortgagee
requesting a copy of any notice of default that may be given to Developer hereunder and
specifying the address for service thereof, then City shall deliver to such Mortgagee,
concurrently with service thereon to Developer, any notice given to Developer with respect to
any claim by City that Developer has committed an event of default; and if City makes a
determination of noncompliance hereunder, City shall likewise serve notice of such
noncompliance on such Mortgagee concurrently with service thereof on Developer. Each
Mortgagee shall have the right during the same period available to Developer to cure or remedy,
or to commence to cure or remedy, the event of default claimed or the areas of noncompliance
set forth in City's notice.
Article 8.
Transf'ers And Assignments.
1
8.1 Restriction On Transfer Of Developer's Rights And ObllgatloDS. Except as
provided in Section 8.2 below, Developer shall not sell, assign, transfer, mortgage, hypothecate,
or similarly convey (collectively, a "Transfer") any of Developer's rights or obligations
hereunder. Developer acknowledges that the identity of Developer is of particular concern to
City, and it is because of Developer's identity that City has entered into this Development
Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall
acquire any rights or powers under this Development Agreement. No transfer or assignment
hereunder shall be deemed to release Developer from the obligations of Developer hereunder
except upon the issuance of a Certificate of Compliance (as defined herein) setting forth such
release with specificity.
8.2 Pennitted Transf'ers. Notwithstanding the provisions of Section 8.1, Developer
may make the following "Permitted Transfers," provided that such Permitted Transfers comply
in all respects with the Subdivision Map Act, Government Code Sections 66410 et seq.
8.2.1 Upon the prior written approval of Oty, Developer may transfer this
Development Agreement, or the Subject Property, to any Transferee, provided that the
Transferee has the skill or experience equal to or greater than that of Developer with respect to
quality, character, track record, fmancial ability and reputation, as determined by City in the 1
exercise of its reasonable, good faith business judgement.
8.2.2 Developer may transfer any common areas or commonly owned
improvements, located within the boundaries of a duly med fmal parcel map or subdivision map
and so designated on that map, to an association composed in whole or in part of the owners of
lots or parcels within the boundaries of that duly filed final map.
I
I
1
Ordinance Number 1$tI.2.2.
8.2.3 Developer may execute mortgages, deeds of trust, sales and leaseback, or
any other form of encumbrance or conveyance required for any reasonable method of fmancing
from an institutional lender with the prior written approval of City (which said approval shall not
be unreasonably withheld or delayed), for the purpose of securing loans or funds to be used for
financing the direct or indirect costs of the development of the Subject Property (including land
development costs, reasonable and customary developer fees, loan fees and costs, and other
normal and customary project costs).
8.2.4 Developer may transfer any lot or parcel shown on a duly f1led fmal
subdivision map, which said parcel constitutes a lot created for the purposes of residential use in
accordance with the terms of the Specific Plan and the other restrictions herein contained,
without the prior approval of City.
8.3 Release or TraDSf'erring Developer. Notwithstanding a Transfer, Developer
shall continue to be obligated. under this Development Agreement with respect to the portion of
the Subject Property that is transferred unless Developer is released from its obligations under
this Development Agreement by City, in writing, setting forth the remaining obligations, if any,
pursuant to this Development Agreement (the "Certificate Of Compliance"). Within fifteen (15)
days after written demand from Developer, City shall issue a Certificate of Compliance that shall
be recorded with respect to the portion of the Subject Property affected thereby and that is
released from further obligations under this Development Agreement. The Certificate of
Compliance shall state with specificity the completed obligations of Developer and the continuing
or remaining obligations of Developer. Notwithstanding any other provision to the contrary
contained in this Development Agreement, City shall not be required to issue a Certificate of
Compliance during any period in which Developer is in default in performance of its obligations
hereunder. Notwithstanding the foregoing (and anything to the contrary herein contained), the
filing of the final subdivision map with respect to the portion of the Subject Property to be
developed for residential uses under the Specific Plan shall constitute the Certificate Of
Compliance with respect to that portion of the Subject Property included within the boundaries of
the final subdivision map and. a release of all obligations under this Development Agreement with
respect to that portion of the Subject Property except those obligations expressly made a
condition of filing said final subdivision map.
8.4 No Third Parties Benefited. No third party that is not a party hereto or a
successor or assign of a party hereto, may claim the benefits of any provision hereof; and any
third party so benefited in fact shall have no rights greater than those that would be held by any
member of the public affected 'by such actions or enactments without regard to this Development
Agreement.
8.5 Covenants Ru'n With The land. All of the provisions, agreements, rights,
powers, standards, terms, covenants and obligations contained in this Development Agreement
shall be binding upon the parties and their respective heirs, successors (by merger, consolidation,
or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons
or entity acquiring the Subject Property, any lot, parcel or any portion thereof, or any interest
therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the
benefit of the parties and their respective heirs, successors (by merger, consolidation or
otherwise) and assigns. All of the provisions of this Development Agreement shall be
enforceable during the Term as equitable selVitudes and constitute covenants running with the
land pursuant to applicable law, including, but not limited to Section 1468 of the Civil Code of
the State of California. Each covenant to do or refrain from doing some act on the Subject
Property hereunder, or with respect to any City owned property or property interest, (i) is for the
benefit of such properties and is a burden upon such property, (ii) runs with such properties, and
(ill) is binding upon each party and each successive owner during its ownership of such
properties or any portion thereof, and each person or entity having any interest therein derived in
any manner through any owner of such properties, or any portion thereof, and shall benefit each
party"and its property hereunder, and each other person or entity succeeding to an interest in such
properties.
Ordinance Number )~.2~
Article 9. Release or Development Agreement Obligations As To Developed
Portions or Subject Property.
9.1 Statement or Purpose. In this Article 9, the parties desire to provide for a
discharge of the obligations of the Development Agreement upon filing of a final subdivision map
or parcel map with respect to any portion of the Subject Property so that City and the purchaser
(or purchasers) and encumbrancer (or encumbrancers) of any such lot or parcel need not be
concerned with any of the obligations herein contained other than those made pertinent to such lot I
or parcel as a condition of filing of the final subdivision map or parcel map creating the same.
9.2 Release. All obligations of Developer shall be deemed discharged and fulfilled
with respect to lots or parcels shown on duly filed final subdivision maps or parcel maps, subject
to compliance with (i) the conditions imposed in connection with such filing, and (Ii) the
conditions upon issuance of building permits with respect to structures to be located thereon
imposed pursuant to this Development Agreement. No such final subdivision map or parcel map
shall be subjected to filing conditions that shall cause or require Developer to perform obligations
with respect to the lands so divided in excess of those obligations required pursuant to the Vested
Components. Such final subdivision map or parcel map shall be deemed to establish compliance
with the requirements hereof to the full extent of a Certificate of Compliance or Estoppel
Certificate provided pursuant to Section 11.7.
Article 10. Amendment.
10.1 General Provision. This Development Agreement may be amended in the manner
provided in the Development Agreement Legislation, except as otherwise expressly provided
herein.
10.2 Administrative Amendments. Any. provision hereof or of the Vested
Components that does not (i) change the density, intensity or nature of the uses permitted on the
Subject Property, (Ii) diminish the areas to be dedicated for public purposes, or (Iii) materially
reduce Developer's improvement obligations with respect to any portion of the Subject Property,
may be adopted and implemented as an administrative matter, without action by the City Council,
by the City Manager and Developer (or the successor to Developer with respect to the portion of
the Subject Property affected by the administrative amendment). Any such amendment shall take
effect fifteen (15) days after execution thereof by both parties with written notice hereof to the
members of the City Council by delivery to the City Clerk.
,
I
10.3 City Waivers. City may waive, reduce the burden of or revise the Vested
Components as they apply to any portion of the Subject Property with the consent of the owner of
such portion, so long as: (i) the waiver, reduction or revision does not conflict with the land uses,
improvement or mitigation requirements of the Vested Components (or any permit or approval
granted thereunder), (ii) such reduction or waiver does not increase the burden imposed upon a
portion of the Subject Property owned by any other owner, and (Iii) the waiver, reduction or
revision is not inconsistent with the purpose and goals of the Specific Plan.
10.4 Right or Amendment. No owner of less than all of the Subject Property shall
have the right to seek or consent to amendment of the terms hereof, to terminate this
Development Agreement or enter into an agreement to rescind any provisions hereof in a manner
that is binding upon or affects any of the Subject Property other than that owned in fee simple by 1
said owner. City's review of an amendment to this Development Agreement shall be limited to
consideration of the proposed modification solely as it relates to the portion of the Subject
Property directly impacted by the modification or as it relates to the specific obligations of the
person, firm or entity that owns fee simple title to the land affected by such modification, as the
case may be. No unrelated amendments shall be entertained or conditions imposed by City as a
condition to approving a proposed amendment.
-I
1
1
Ordinance Number ,1~.z
Article 11. General Provisions.
11.1 Project is a Private Undertaking. The development proposed to be undertaken
by Developer on the Subject Property is a private development. Except for that portion thereof
to be devoted to public improvements to be constructed by Developer in accordance with the
Vested Components, City has no interest in, responsibility for or duty to third persons concerning
any of said improvementsj and Developer shall exercise full dominion and control over the
Subject Property, subject only to the limitations and obligations of Developer contained in this
Development Agreement. Developer shall hold and'save City harmless and indemnify it of and
from any and all loss, cost, damage, injury or expense, arising out of or in any way related to
injury to or death of persons or damage to property that may arise by reason of the physical
development of the Subject Property pursuant to this Development Agreementj provided,
however, that the foregoing indemnity shall not include indemnification against (i) suits and
actions brought by Developer by reason of City's default or alleged default hereunder, or (ii)
suits and actions caused solely by or resulting solely from City's material acts or omissions, or
(ill) suits and actions arising from the sole negligence or willful misconduct of City; provided
further, however, that the foregoing indemnity shall not apply to claims pertaining to ownership
and operation of those portions of the Subject Property dedicated to and accepted by City arising
from and after the dedication thereof.
11.2 Notices, Demands and Communications Between The Parties. Formal written
notices, demands, correspondence and communications between City and Developer shall be
sufficiently given if personally served or mailed by registered or certified mail, postage prepaid,
return receipt requested, to the addresses of City or Developer stated on the signature page
hereto. Notice may also be given by telephone facsimile to the telephone numbers given on the
signature page, with a confirming copy of the facsimile communication mailed on the same day
as above provided. Notices and demands shall be effective upon receipt. Such written notices,
demands, correspondence and communications may be sent in the same manner to such other
persons and addresses as either party may from time-to-time designate by notice as provided in
this section and the foregoing addresses may be changed by notice given as herein provided.
11.3 No Joint Venture or Partnership. Nothing contained in this Development
Agreement or in any document executed in connection with this Development Agreement shall be
construed as creating ajoint venture or partnership between City and Developer.
11.4 Severability.. If any provision of this Development Agreement is held invalid,
void or unenforceable but the remainder of the Development Agreement can b~ enforced without
f~lure of material consideration to any party, then the Development Agreement shall not be
affected and it shall remain in full force and effect, unless amended or modified by mutual
consent of the parties. If any material provision of this Development Agreement is held invalid,
void or unenforceable, however, the owner of any portion' of the Subject Property affected by
such holding shall have the right in its sole and absolute discretion to terminate this Development
Agreement as it applies to the Subject Property so affected, upon providing written notice of such
termination to City.
I1.S Interpretation. To the maximum extent possible, this Development Agreement
shall be construed to provide binding effect to the Vested Components, to facilitate use of the
Subject Property as therein contemplated and to allow development to proceed upon all of the
terms and conditions applicable thereto, including without limitation, public improvements to be
constructed and public areas to be dedicated.
11.6 Completion Or Revocation. Upon completion of performance by the parties or
revocation of this Development Agreement, a written statement acknowledging such completion
or revocation, signed by the appropriate agents of City and Developer shall be recorded in the
Office of the Recorder of Orange County, California.
11.7 Estoppel Certif'JC:ate. Either party may, at any time, and from time to time, (but
no more frequently than four (4) times in any calendar year) deliver written notice to the other
party requesting such party to certify in writing that, to the knowledge of the certifying party, (i)
Ordinance Number I'~~
this Development Agreement is in full force and effect and a binding obligation of the parties, (ii)
. this Development Agreement has not been amended or modified either orally or in writing, and
if so amended, identifying the amendments, and (iii) the requesting party is not in default in the
performance of its obligations under this Development Agreement, or if in default, to describe
therein the nature and amouilt of any such defaults. A party receiving a request hereunder shall
execute and return such certificate or give a written detailed response explaining why it will not
do so within thirty (30) days following the receipt thereof. Each party acknowledges that such a
certificate may be relied upon by third parties acting in good faith. A certificate provided by
City establishing the status of this Development Agreement with respect to any lot or parcel shall
be in recordable form and may be recorded with respect to the affected lot or parcel at the
expense of the recording party. Failure to deliver such a certificate or a written denial within the
time specified above shall constitute a conclusive presumption against the party failing to provide
the certificate that this Development 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 requesting party except as may be so represented.
I
11.8 CoDStnactlon. All parties have been represented by counsel in the preparation of
this Development Agreement and no presumption or rule that ambiguity shall be construed
against a drafting party shall apply to interpretation or enforcement hereof.
11.9 Counterpart Execution. This Agreement may be executed in any number of
counterparts and shall be deemed duly executed when each of the parties has executed such a
counterpart. .
11.10 Time. Time is of the essence of each and every provision hereof.
IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement as
of the day and year first above written.
"City"
I
CITY OF SEAL BEACH,.a
Municipal Corporation of the
State of California
211 8th Street
Seal Beach, CA 90740-6379
(562) 431-2527
By:
A
I
"Developer"
HELLMAN PROPERTIES, LLC
Attn: Jerry Tone, Agent
244 California Street, Suite 400
San Franci 94111
1
By:
~
Its:
APPROVED AS TO FORM
Ordinance Number /~~
~q(iJ t~
Quinn M. Barrow
City Attorney
INDIVIDUAL ACKNOWLEDGMENT
By:
:,.{l1L;:J }"
r ~ ~ . - ... .... . & ... ... ... .. .l.f
(1,-, . JOANE.I.EWIS
. I~' Z
:( '.~;o, COMM.I1D4ll303 z
~ '-r . Notary Pubac - CaUfomIa !:
~ ~ ORANGi COUNlV j
, MyCamm.Explres0CT6,1998
~ .... ...... .... .... tJ _ 11 ~ ... ..... _ ....
ATTENTION NOTARY: Although the IntormatlOl'1 requested
NO ."
On this th
/
the !lersigned Notary Public, personally appeared
~~~~
~ personally known to me
o proved to me on the basis of sallsfactory evidence
to be tha person(s) whose name(s)
within instrument, and acknowledged that
WI SS my hand and offICial
I!
ognature
subscribed to tha
executed it.
THIS CERTlRCATE
MUST BE AITACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT:
TiUa or Type of Document
Number of Pages Date of Document
Slgner(s) Other Than Named Above
7100-108
_.tJtt:;>
County of
}ss.
~ . - - - -.... ~ ~f
i@ CO~~I~ !
Notarv P\bIlc - CaIifomfa S;
J, OAANGE COUNIY J-
J _ _ . . ~:-:m'_~o:r~l~
o NATDW.NJTARY~.823BRBrImlIIwe .po Box 7184oCanagaPaJ\,CA 913)oH184
personally known to me
o proved to me on the basis of satisfactory 8VIdence
to be the person(s) whose name(s) subscnbed to the
Within instrument, and acknowledged that executed it.
WIT ESS my h(1 and 0 cial seal
C
ATTENTION NOTARY: A1lhotq1 the nfotmallon request below IS OPTlONAL. II could prevent traud.Jent attactmonl of thIS certificate to another docunent.
THIS CERTlRCATE
MUST BE AITACHED
TO THE DOCUMENT
DESCRIBED AT RIGHT
Tille or Type of Document
Number of Pages Date of Document
Signer(s) Other Th~n Named Abova
Ordinance NUmberl'~~
CALIFORNIA ALL.PURPOSE ACKNOWLEDGMENT
No 5907
State of
County of
~ " '
Ohfi;r,;,/A
~ r J-o/)Ao ,uI h -"r,
before me, #.k..,., C ~?/J--J Mk~ /:.kl. L "
NAME, TITLE OF OFFICER.(e G I -JANE DOE,AoTARV PUBLIC"
F. :l &Y{J#1"'~ h/i1,v j ~
NAME(S) OF SlGNER(S)
D personally known to me - OR - .JXI proved to me on the basis of satisfactory evidence
to be the person(~') whose name(,s') is/&f9.
subscribed to the within instrument and ac-
knowledged to me that he/sl:l8/.tl:l&y executed
the same in his/Iler/tl'leif authorized
capacity(ie-s), and that by his/t.\.&fI.U:l.eir
signature~ on the instrument the person$ll"),
or the entity upon behalf of which the
person~ acted, executed the instrument.
On
2.., ~ij 17
DATE
personally appeared
-------........,
ALAN C. SCOTT ~
Comm. '1083405 Cl
NOTARV PUBLIC, CALIFOIINIAO
SACRAMENTO COUNTY 06
Comm.Exp.J~1B,~
WITN SS my hand
IU:
i fficial seal.
OPTIONAL
Though Ihe data below is nol required by law, .1 may prove valuable 10 persons relYing on the document and could prevent
fraudulent reanachment of Ihis form.
CAPACITY CLAIMED BY SIGNER
D INDIVIDUAL
D CORPORATE OFFICER
DESCRIPTION OF AUACHED DOCUMENT
~//I'e' kf")'o ,,..1- /!i"""r"",p.vJ. /;1' dA/f'
.'-(i.l/tll'l\. )-IY ~l'1r ~.;'/t!'pl.#t'~c~PN'
d/JJy#l.Irt~"J.JJ""'/ jJ.t' ~Jo'.M,t/o"t! f--
;.1 vi TITLE OR TYPE OF. DOCUMENT ';.,
/"/€ p"",,'IP'J""'-r /(!I~"l tIi/ "-~
#~/I~p~, rp~~L .
2? Alhu rJillh,l-i
NUMBER OF PAGES ,
TIllEIS)
D PARTNER(S)
D lIMITED
D GENERAL
D ATTORNEY-iN-FACT
D TRUSTEE(S)
D GUARDIAN/CONSERVATOR
p1 OTHER: Ifp'" f-
1/ ;JtH'J
DATE OF DOCUMENT
SIGNER IS REPRESENTING:
NAMEO,F PERSON(SI OR EHT2ES) J
1/,0/ I!dt,(l/l 19"~~ N'S
., ,/
iLL
SIGNER(S) OTHER THAN NAMED ABOVE
I
I
01993 NATIONAL NOTARV ASSOCIATION' 8236 Rommel Avo., P.O. Box 7184 . Canogo Pork, CA 91309-7184 I
I
I
I
EXHIBIT 1 Ordinance Number 19'.?~
PROPERTY DESCRIPTIONS
HELLMAN RANCH SPECIFIC PLAN
LEGAL DESCRIPI10NS OF SUBJECT PROPERTIES
(HeUman Properties LLC - Hellman Ranch Property)
DESCRIPTION
TIlE LAND REFERRED TO IN lHIS REPORT IS SITUATED IN TIlE STATE OF CALIFORNIA, COUNTY OF .
ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS:
mOSE PORTIONS OF SECI10N II AND OF TIlE WEST HALl' OF SECI10N 12, TOWNSHIP 5 SOUTH,
RANGE 12 WEST, WI1lDN LOT C-l OF TIlE RANCHO LOS ALAMlTOS, AS PER MAPS 1 AND 2 Fn.ED IN
DECREE OF PARTITION, IN TIlE SUPERIOR COURT OF CALIFORNIA, IN AND FOR TIlE COUNTY OF
LOS ANGELES, CASE NO. 13527, A CERTIFIED COPY OF TIlE FINAL DECREE OF SAID CASE HAVING
BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 31 OF DEEDS IN TIlE OFFICE OF TIlE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT TIlE INTERSECI10N OF TIlE NORTIlWESTERLY LINE OF SAID LOT C-l, ALSO BEING
TIlE SOUTHEASTERLY LINE OF TIlE STRIP OF LAND 100 FEET IN wmTII OF TIlE LOS ANGELES ,GAS
AND ELECTRIC CORPORATION. WITH A LINE PARALLEL WITH AND SOUTHERLY t056.14 FEET FROM
TIlE NORTII UNE OF TIlE SOUTH HALF OF SAID SECI10N 11, SAID INTERSECI10N BEING ALSO TIlE
NOR1HWESTERLY CORNER OF LOT 18 OF TRACT NO. 18t7 AS PER MAP RECORDED IN BOOK 82,
PAGES 26 TO 31 INCLUSIVE OF MISCELLANEOUS MAPS IN TIlE OFFICE OF TIlE COUNTY RECORDER
OF SAID COUNTY OF ORANGE; TIlENCE, ALONG TIlE NORTIlERLY BOUNDARY OF SAID TRACT, AND
ALONG TIlE NORTIlERLY BOUNDARY OF TRACT NO. 2590 AS PER MAP RECORDED IN BOOK 82,
PAGES 32 TO 38 INCLUSIVE OF SAID MISCELLANEOUS MAPS, TIlE FOLLOWING COURSES: SOUTH 89
DEGREES 47' 55' EAST 535.26 FEET; SOUTH 17 DEGREES 39' SO' EAST 224.72 FEET; SOUTH 58 DEGREES
14' 20' EAST 233.06 FEET; NORTII 83 DEGREES 25' 10' EAST 483.32 FEET; NORTII 67 DEGREES 58' 55'
EAST 235.00 FEET; NORTII 13 DEGREES 25' 35' EAST 110.30 FEET; NORTII 54 DEGREES 00' 10' EAST
139.31 FEET; SOUTH 89 DEGREES 47' 55' EAST 2640.57 FEET; AND SOUTH 44 DEGREES 52' 03' EAST
548.68 FEET TO TIlE WESTERLY LINE OF BAY BOULEVARD; THENCE, ALONG SAID WESTERLY LINE,
NORm 30 DEGREES 38' 00' EAST 1702.4t FEET TO TIlE SOUTHWESTERLY LINE OF TIlE LAND
DESCRIBED IN TIlE DEED TO TIlE REDEVELOPMENT CENTER OF TIlE CITY OF SEAL BEACH,
RECORDED FEBRUARY 27. 1976 IN BOOK 11658, PAGE 1767 OF OFFICIAL RECORDS; TIlENCE NORTII
65 DEGREES 43' 42' WEST 1344.43 FEET ALONG SAID SOlJTHWESTERLY LINE TO TIlE
SOl1l'HEASTERLY CORNER OF TIlAT CERTAIN PARCEL OF LAND SHOWN AS CONTAINING 124.077
ACRES ON A MAP Fn.ED IN BOOK 83, PAGE 22 OF RECORD OF SURVEYS IN TIlE OFFICE OF TIlE
COUNTY RECORDER OF SAID COUNTY OF ORANGE, BEING ALSO THE SOUTHEASTERLY CORNER OF
TIlE LAND DESCRIBED AS PARCEL Cl-104 IN TIlE DEED TO THE ORANGE COUNTY FLOOD CONTROL
DISTRICT, RECORDED JANUARY 27, 1961 IN BOOK 5609, PAGE 69 OF OFFICIAL RECORDS; TIlENCE,
ALONG TIlE BOUNDARY OF SAID LAND, NORTII 89 DEGREES 48' 27' WEST 380,00 FEET; NORTII 53
DEGREES]4' 46' WEST 1116.68 FEET; NORTII 89 DEGREES 48' 02' WEST 310.00 FEET; AND NORTII 0
DEGREES 09' 46' EAST 60.85 FEET TO TIlE BOUNDARY LINE BETWEEN STATIONS 1 AND 2 OF LOS
ANGELES AND ORANGE COUNTIES, AS SURVEYED BY TIlE COUNTY SURVEYOR OF SAID LOS
ANGELES COUNTY, AND ESTABUSHED BY TIlE CALIFORNIA LEGISLATURE IN 1919, AND AS SHOWN
. ON LOS ANGELES COUNTY SURVEYOR'S MAP NO. 8t75 RECORDED IN BOOK 39, PAGE 52 OF
MISCELLANEOUS RECORDS IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAID LOS ANGELES
COUNTY; THENCE SOUTH 57 DEGREES 06' 5t' WEST 2979.04 FEET TO TIlE INTER-SECI10N WITH TIlE
LINE DESCRIBED IN SEAL BEACH BOUNDARY AGREEMENT NO. 2, AS DESCRIBED IN DOCUMENT
NO. 4889 RECORDED APRIL 8, 1968 IN BOOK 8565, PAGE 1 OF QFFICIAL RECORDS; THENCE, ALONG
SAID AGREEMENT UNE, BEING ALSO TIlE RANCHO LOS ALAMITOS LINE BETWEEN STATIONS SO
AND 51, AS PER MAP NO.2 OF A PARTITION OF SAID RANCHO, FILED IN DECREE OF PARTITION IN
SUPERIOR COURT CASE NO. 13527, IN TIlE SAID COUNTY OF LOS ANGELES, A COPY OF WHICH WAS
RECORDED JANUARY 29, 189t IN BOOK 700, PAGE 141 OF DEEDS IN SAID COUNTY RECORDER'S
OFFICE OF LOS ANGELES COUNTY, A COPY OF WHICH WAS RECORDED MARCH 12, 1891 IN BOOK 4,
PAGE 31 OF DEEDS IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAID ORANGE COUNTY; TIlENCE
SOUTH 37 DEGREES 51' 40' EAST 465.20 FEET ALONG SAID AGREEMENT UNE AND RANCHO LINE, TO
STATION SO OF TIlE RANCHO LOS ALAMlTOS; TIlENCE SOUTH 54 DEGREES 37' OS' WEST 613,07 FEET,
CONTINUING ALONG SAID RANCHO LINE TO TIlE POINT OF BEGINNING.
EXCEPT TIlEREFROM, TIlAT PORTION CONVEYED TO TIlE CITY OF LOS ANGELES BY DEED
RECORDED FEBRUARY 15. 1961 IN BOOK 5629, PAGE 527 OF OFFICIAL RECORDS.
(Southern California Edison)
DESCRIPTION
Ordinance Number/~o1;t
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN TIlE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL A:
THAT PORTION OF TIDE LAND LOCATION NO. 137 'SURVEY NO. 106', AS PATENTED BY THE STATE
OF CALIFORNIA ON FEBRUARY 12, 1901, AND RECORDED APRIL 27, 1901 IN BOOK 9, PAGE 105, OF
PATENTS, RECORDS OF LOS ANGELES COUNTY, AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1,
PAGE 231, OF PATENTS, RECORDS OF ORANGE COUNTY, DESCRIBED IN THAT CERTAIN GRANT
DEED TO SOUTHERN CALIFORNIA EDISON COMPANY DATED NOVEMBER 30,1976 AND RECORDED
FEBRUARY 18, 1977 AS INSTRUMENT NO. 23970 IN BOOK 12075, PAGE 340, OF OFFICIAL RECORDS, I
RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN THAT CERTAIN PARCEL OF LAND
DESCRIBED AND DESIGNATED AS PARCEL 13 OF EXHIBIT 'D' IN TIlAT CERTAIN EXCHANGE
AGREEMENT RECORDED APRll. 23, 1970 AS INSTRUMENT NO. 14118 IN BOOK 9272, PAGE 102 AND
FOLLOWING, OF SAID OFFICIAL RECORDS.
ALSO EXCEYI1NG THEREFROM THE NORTIlWESTERLY SO.OO FEET TIIEREOF.
(State Lands Commission)
PARCEL B:
THE NORTHWESTERLY SO.OO FEET OF THAT PORTION OF TIDE LAND LOCATION NO. 137 'SURVEY
NO. 106', AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 19Ot, AND RECORDED
APRIL 27, 1901 IN BOOK 9, PAGE 105, OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND
RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PAGE 231 OF PATENTS, RECORDS OF ORANGE COUNTY,
DESCRIBED IN THAT CERTAIN GRANT DEED TO SOUTIffiRN CALIFORNIA EDISON COMPANY DATED
NOVEMBER 30, 1976 AND RECORDED FEBRUARY 18, 1977 AS INSTRUMENT NO. 23970 IN BOOK 12075,
PAGE 340, OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY.
EXCEPTING THEREFROM ANY PORTION THEREOF LYING NORTIlEASTERLY OF THE SOUTHERLY
LINE OF THAT CERTAIN PARCEL OF LAND DESCRIBED AND DESIGNATED AS PARCEL 13 OF EXHIBIT
'D' IN TIlAT CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23, 1970 AS INSTRUMENT NO.
14118 IN BOOK 9272, PAGE 102, AND FOLLOWING, OF SAID OFFICIAL RECORDS.
ALso EXCEPTING FROM PARCELS A AND B, ALL OIL, GAS, PETROLEUM AND O11IER MINERAL OR
HYDROCARBON SUBSTANCES IN AND UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND,
WITHOUT, HOWEVER, THE RIGHT TO USE TIlE SURFACE OF SAID LAND, AS EXCEPTED AND
RESERVED IN THAT CERTAIN DEED RECORDED SEPTEMBER 26, 1924 IN BOOK 542, PAGE 120 OF
DEEDS IN TIlE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY.
I
(Southern California Edison)
DESCRIPI'ION
THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN TIlE STATE OF CALIFORNIA, COUNTY OF
ORANGE, AND IS DESCRIBED AS FOLLOWS:
TIlOSE PORTIONS OF TIlE NORTHEAST QUARTER OF THE SOUTIlWEST QUARTER AND THE
NORTIlWEST QUARTER OF THE SOUTHEAST QUARTER AND TIlE SOUTII HALF OF THE NORTHEAST
QUARTER, AlL OF SECTION 11, TOWNSHIP 5 SOUTIl, RANGE 12, WEST, IN THE RANCHO LOS
ALAM1TOS, COUNTY OF ORANGE, STATE OF CAliFORNIA, AS PER MAP FILED IN DECREE OF
PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, AS CASE NO. '13527, A CERTIFIED
COPY OF SAID DECREE HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PAGE 31 OF DEEDS
OF. SAID ORANGE COUNTY AND TIlAT PORTION OF TIDE LAND LOCATION NO. 137 'SURVEY NO.
106', AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901, AND RECORDED APRll. I
27, 190t IN BOOK 9, PAGE 105 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND RECORDED
SEPTEMBER 5,1905 IN BOOK I, PAGE 231 OF PATENTS RECORDS OF ORANGE COUNTY, DESCRIBED
AS FOLLOWS:
BEGINNING AT POINI' 'A', HEREINBEFORE REFERRED TO IN PARCEL 1; TIlENCE SOUTII O' 10' 24'
WEST, 419.23 FEET TO A 4 INCH PIPE SET IN CONCRETE MARKED LAG 40; THENCE SOUTII 54' 48' 00'
WEST, 2721.05 FEET TO STATION NO. so OF SAID RANCHO; TIlENCE CONTINUING SOUTII 54' 48' 00'
WEST, 613.69 FEET TO A POINI' ON THE EASTERLY UNE OF TIlE' PACIFIC COAST IDGHWAY AS
DESCRIBED IN TIlE DEED TO TIlE STATE OF CALIFORNIA RECORDED DECEMBER 2, 1929 IN BOOK
332, PAGE 237 OF OFFICIAL RECORDS IN THE OFFICE OF TIlE COUNTY RECORDER OF SAID COUNTY;
I
I
I
Ordinance Number/~~
lHENCE NORm O' 54' 57' WEST, 120.93 FEET ALONG SAID EASTERLY UNE OF THE PAC1FIC COAST
IDGHWAY; mENCE NORm 54' 48' 00' EAST, 3058.35 FEET; lHENCE NORm 27' 29' 12' EAST, 278.25
FEET; lHENCE NORm 0'10' 24' EAST, 146.18 FEET TO SAID 4 INCH PIPE SET IN CONCRETE MARKED
LAG 37, HEREINBEFORE REFERRED TO IN PARCEL 1; mENCE NORm 57' 10' 40' EAST, 119.22 FEET
TO SAID POINT 'A' AND niB POINT OF BEGINNING.
EXCEP'IlNG mEREFROM 11IAT PORTION DESCRIBED AND DESIGNATED PARCEL 13 OF EXHIBIT 'D'
IN m.,.T CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23, 1970 IN BOOK 9272, PAGE 140 OF
OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY.
ALSO EXCEPI1NG TIlEREFROM nIAT PORTION LYING WITHIN THE PROPERTY DESCRIBED IN mE
DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 2, 1981 IN BOOK 13934, PAGE 1637 OF
OFFICIAL RECORDS.
ALSO EXCEPI1NG TIlEREFROM ALL OIL, GAS, PETROLEUM AND OTHER MINERALS OR
HYDROCARBON SUBSTANCES IN AND UNDER OR WIDCH MAY BE PRODUCED FROM SAID LAND,
WITHOUT, HOWEVER, THE RIGIIT TO USE mE SURFACE OF SAID LAND, AS EXCEPTED AND
RESERVED IN mOSE CERTAIN DEEDS RECORDED SEPTEMBER 26, 1924 IN BOOK 542, PAGE 120 OF
DEEDS AND RECORDED FEBRUARY IS, t961IN BOOK 5620, PAGE 527, OF OFFICIAL RECORDS, BOTH
IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
,(City of seaJ Beach Redevelopment Agency)
DESCRIPTION
THE LAND REFERRED TO IN nus REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF
ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA.
(Orange County Flood Control District)
DESCRIPTION
THE LAND REFERRED TO IN nus REPORT IS SITUATED IN mE STATE OF CALIFORNIA, COUNTY OF
ORANGE, AND IS DESCRIBED AS FOLLOWS:
PARCEL 1:
THAT PORTION OF THE FOLLOWING DESCRIBED LAND:
THE NORTHEAST QUARTER OF SECTION 1 t AND mE NORTHWEST QUARTER OF SECTION 121N LOT
C-l OF THE RANCHO LOS ALAMITOS IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER
MAPS 1 AND 2 FILED IN DECREE OF PARTITION IN mE SUPERIOR COURT OF CALIFORNIA IN AND
FOR THE COUNTY OF LOS ANGELES, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF
SAID CASE HAVING BEEN RECORDED FEBRUARY 2, 1891 IN BOOK 14, PAGE 3t OF DEEDS, IN mE
OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY.
EXCEPT 11IAT PORTION THEREOF LYING WESTERLY OF THE BOUNDARY UNE BETWEEN SAID
COUNTY OF ORANGE AND LOS ANGELES COUNTY, CAlJFORNIA, THROUGH SAID SECTIONS.
ALSO EXCEPT THAT PORTION OF SAID SECTION 12 LYING SOUTHEASTERLY OF THE
SOUTHEASTERLY UNE OF BAY BOUUlV ARD AS SAID BOULEVARD EXISTED MAY 12, 1944.
11IAT IS INCLUDED WITHIN A PARCEL OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE
INTERSECTION OF THE soum, UNE OF SECTION I, TOWNSIDP 5 soum, RANGE 12 WEST WITH mE
BOUNDARY UNE BETWEEN ORANGE COUNTY, CALIFORNIA, AND LOS ANGELES COUNTY,
CALIFORNIA, AS SAID INTERSECTION IS SHOWN ON SHEET 2 OF 2 SHEETS OF THE MAP OF
BOUNDARY UNES BETWEEN mE COUNTIES OF LOS ANGELES AND ORANGE AS RESURVEYED BY
THE COUNTY SURVEYOR OF LOS ANGELES COUNTY, AND SURVEYED FEBRUARY 1915 TO
FEBRUARY 1919; THENCE soum 89' 43' 20' EAST 110.16 FEET ALONG SAID soum LINE TO A POINT
110.00 FEET EASTERLY, MEASURED AT RIGIIT ANGLES FROM SAID BOUNDARY UNE BETWEEN SAID
COUNTIES; mENCE soum 2' 48' 35' EAST 58.85 FEET ALONG A LINE PARALLEL WITH SAID
BOUNDARY UNE; lHENCE soum 27' 35' 5t' EAST 46.72 FEET; mENCE soum 47' 48' 45' EAST 75.00
FEET; lHENCE soum 42' II' IS' WEST 102.70 FEET TO A POINT 1tO.00 FEET EASTERLY, MEASURED
AT RlGIIT ANGLES FROM SAID BOUNDARY LINE BElWEEN SAID COUNTIES; mENCE SOUTH 2' 48'
35' EAST 311.27 FEET ALONG A LINE PARAlLEL WITH SAID BOUNDARY UNE; THENCE SOUTH l' 49'
]6' EAST 262.77 FEET; lHENCE soum O' 16' SO' WEST 1280,00 FEET; mENCE NORm 89' 43' 20'
Ordinance NUmber/l'~~
WEST 380.00 FEET; lHENCE NORTH 53. 29' 39. WEST 1116.68 FEET; THENCE NORTH 89. 42' 55. WEST
310.00 FEET TO A POINT ON THE SOU1HERLY PROLONGATION OF THE EASTERLY LINE OF PARCEL
2, AS DESCRIBED IN DEED RECORDED APRIL 21, 1925 IN BOOK 3962 PAGE 202 OF OFFICIAL RECORDS
IN THE OFFICE OF THE COUNTY RECORDER OF LOS ANGELES, CALIFORNIA; THENCE NORTH O. 16'
00. EAST 540.79 FEET ALONG SAID SOU1HERLY PROLONGATION AND SAID EASTERLY UNE OF
PARCEL 2; lHENCE NORTH 69. 44' 00. WEST 548.28 FEET TO A POINT ON THE EASTERLY RIGHT OF
WAY OF LOS ANGELES COUNTY FLOOD CONTROL DISTRICT 400.00 FEET WIDTH RIGHT OF WAY FOR
THE SAN GABRIEL RIVER CHANNEL, (A RADIAL THROUGH SAID POINT BEARS SOUTH 59" 33' 45.
EAST,) SAID POINT BEING THE BEGINNING OF A CURVE, NON-TANGENT, CONCAVE
NORTHWESTERLY AND HAVING A RADIUS OF 3064.93 FEET; THENCE NORTHEASTERLY ALONG SAID
CURVE THROUGH A CENTRAL ANGLE OF 0.56' 54., AN ARC DISTANCE OF 50.73 FEET TO A POINT
ON A UNE, NON-TANGENT, (A RADIAL THROUGH SAID POINT BEARS SOUTH 60. 30' 39. EAST); I
lHENCE SOUTH 69. 44' 00. EAST, 521.52 FEET TO A POINT ON THE EASTERLY UNE OF SAID PARCEL
2: lHENCE NORTH O. 16' 00. EAST 26.00 FEET ALONG SAID EASTERLY LINE: THENCE SOUTH 89. 43'
20. EAST 1460.40 FEET: lHENCENORTH 2. 44' 56. EAST, 256.91 FEET TO A POINT IN THE SOUTHERLY
PROLONGATION OF THAT CERTAIN COURSE THAT IS SHOWN ON SAID MAP OF BOUNDARY LINES AS
SOUTH 2. 48' 35. EAST, 2207.94 FEET; THENCE NORTH 2" 48' 35. WEST, 544.12 FEET ALONG SAID
SOlITHERLY PROLONGATION AND SAID BOUNDARY LINE TO A POINT ON THE SOUTH UNE OF SAID
SECTION I, SAID POINT BEING THE POINT OF BEGINNING.
PARCEL 2:
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 12, IN LOT CoI OF THE RANCHO LOS
ALAMITOS, IN THE COUNTY OF ORANGE, STATE OF CALIFORNIA, AS MAPS 1 AND 2 FILED IN
DECREE OF PARTITION IN THE SUPERIOR COURT OF CALIFORNIA IN AND FOR THE COUNTY OF LOS
ANGELES, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN
RECORDED FEBRUARY 2, 1891 IN BOOK 14 PAGE 31 OF DEEDS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS:
BEGINNING AT COUNTY CORNER NO.2 AS SHOWN ON THE MAP OF BOUNDARY LINES BE1WEEN
THE COUNTIES OF LOS ANGELES AND ORANGE AS RESURVEYED BY THE COUNTY SURVEYOR OF
LOS ANGELES COUNTY, AND SURVEYED FEBRUARY 1915 TO FEBRUARY 19t9, A COpy OF SAID MAP
BEING ON Fll.E IN THE OFFICE OF THE COUNTY SURVEYOR OF SAID ORANGE COUNTY: THENCE
SOUTH 57. 10' 40. WEST, 723.65 FEET ALONG THE BOUNDARY LINE BE1WEEN SAID COUNTIES AS
SHOWN ON SAID MAP TO THE LINE CITED AS .SOUTH 890 43' 20. EAST, 1460.40 FEET IN THE
DESCRIPTION FOR THE LAND DESCRIBED AS PARCEL NO. CI-I04. IN THE US PENDENS FILED IN
SUPERIOR COURT CASE NO. 73534 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND
FOR THE COUNTY OF ORANGE, A COPY OF wmCH WAS RECORDED AUGUST 14, 1957 IN BOOK 4006,
PAGE 579 OF OFFICIAL RECORDS IN THE OFFICE OF SAID COUNTY RECORDER; THENCE SOUTH 890
43' 20. EAST 602.61 FEET ALONG SAID CITED UNE TO THE EASTERLY TERMINUS THEREOF; lHENCE
NORTH 2044' 56. EAST 2S6.9t FEET; THENCE NORTH 2048' 35. WEST 138.72 FEET TO THE POINT OF
BEGINNING.
I
* * * *
I
Ordinance Number /~.2
EXHIBIT 2
PLOT PLAN OF PROPERTY
~
If-
~ ~!
Z Po. gg
<u'"''"'
~~~~
~ua::
1'0:1
~~
00:=
~~
~~
Zz
<~
~:j
1'0:1
:=
I.
\
J
;!!l'
~ 1'/
1-
I,J .
~ ')~
I~;-.. '/(' , '.' " ~~ c---" (f~~
'~. m- ", '1 ~}~"\ I~~~~
~." I', l!'JnIl;,"1 ~~ "').~,
j :07...." ~ <l:1 .~~ '~J
~"""'~~'bfr.l. :h',).'~ " A oJ
I r:;--~' ';; , , , C1 u
a".,., L ,..' ;0. . ,'. Q "" ~
'1(1 ., . ~ . "" ;:" , '. ..J)
- . :.,' r='~r;liiI' - ;"')< I , ~~' ~. " ~
c,.; r" ....Yf.!. \:. .)' I rlo. !i ~~. ^~")(r
] . . (y. ""d()DO~' ';J'f"" , ,. "~~ ~ ~
]. . ' ~;~~. ' . .-' [,..r 10/.. ~ a
-J r : ): (~r r> ~ : j', " . D~ " " ra." ~:AI~ I , .
.'" II' " III ~
~ . lA-' . ," ., dO '9'AF>-)'/... '^
[, '\.. ~.A, , , 'A'><, AY'.J:h
I , , , ,...., , i 0 ~ r ~~?i
,. , I , , , , '. 1\ )' 0 - .l'~ t:= h..... ~ ~K
I " !rJ'--. ~r - H 1-::,
, : ,: : : 'M: '. 'j, ',~~; ~~ t(' =~~~7~1 ~~i I ~
· : f':LZ ~/ ,~~1D1 \ ~(=~..
, '" ~ ~~ ~ ~ ~ ,~ E'-- ~ III
. ',' ~~~, ~~~ ~~~\ ~ ~ r 11,.
. I ~t\( I^)~ !I~~' "'~ I ,(
...., '" ~~ t\I li\. · II I
I , . .~ ,~__~' . ~~~~L\..% ' ~;~ ~ I I ';11;;
. .\'-..~ -';\\~\". 1= ,~^' IIIII
. '. . .~\. \" ~ \~, I-f- ~ IIIIIif
:' '.~.. ~t\I'''' Y&ij_
" . , 6. 1= I ~ r-
... " ~.'~ .:. ~ I ,S: ~g '-- ~
~ ."\. q>,,' !t.. . \ =1= C:
~'J)> ~ \ E~(~ 'l 1'--1= f::"
I I ~o' ~ ~ ~~ f;:l~ -: ~
. ,,~ II t:t: ~
~ ~ ".:;:, \ @): ~/\~\~
!!!l ~ /0.. Y?<"A
, , . \3 I ..--, ~\:;;y
.~~~
II?'\ ...~~()Y' '"
, 111111. ~~;
I II
g~;
{;:)a 0 .
0)0
. -.
B · I' I !.
~ I!; IlnI!li I
I' 1III1II ,I
-I' I '.. I I
IdllllilnM Ii
11.'111111"11'11
I.UUI~H ,.I~I.lliIl~ II
!1;~w~.~!I;G~mm~ .~
I! I
.
.
r r
.~
v.
. I
co
'lit
Ordinance Number /~~~,
EXmBIT 3
,
mSTORY OF HEARINGS AND PROCEEDINGS
ON DEVELOPMENT AGREEMENT
,. .
...
Planntn!! Commission Review or Develooment A,reement
A.
Plannine Commission Public Hearing re:ardine HeUman Ranch DevelQpment Aereement
I
1. Planning Commission conducted a Public Hearing on the Hellman Ranch Specific
Plan, including the Final EIR and the Development Agreement on September 3,
1997.
2. At the conclusion of the Public Hearing on September 3, 1997, the Planning
Commission adopted Resolution No. 97-22, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to the City Council the
Adequacy of the Final Environmental Impact Report for the Hellman Ranch
Specific Plan, on a 5-0 Yote.
3. At the conclusion of the Public Hearing on September 3, 1997, the Planning
Commission adopted Resolution' No. 97-29, A Resolution of the Planning
Commission of the City of Seal Beach Recommending to the City Council
Approval of the HeUman Ranch Specific Plan, on a 5-0 vote.
4.
At the conclusion of the Public Hearing on September 3, 1997, the Planning
Commission adopted Resolution No. 97-34, A Resolution of the Planning
Commission of the City of Seal Beach Recommending Approval to the City
Council of a Development Agreement Between the City of Seal Beach and
Hellman Properties LLC, Regarding the Hellman Ranch Specific Plan, on a 5-0
Yote.
I
Citv Council Review or Develooment A!!reement
A. City Council Public Hearing rel!arding HeUman Ranch Develo,pment Agreement
1. City Council conducted a Public Hearing on the Hellman Ranch Specific Plan,
including the Final EIR and the Development Agreement on September 22, 1997.
2. At the conclusion of the Public Hearing on September 22 1997, the City Council
adopted Resolution No. 4562, A Resolution of the City Council of the City of Seal
Beach Certifying the Final Environmental Impact Report for the HeUman Ranch
Specific Plan; Adopting the Mitigation Monitoring Program; Adopting the
Findings and Facts in Support of Findings as Required by the California
Environmental Quality Act; and Adopting a Statement o~ Overriding
Considerations, on a 5-0 vote.
3.
After the conclusion of the Public Hearing on September 22, 1997, on October 20,
1997, the City Council introduced Ordinance No. 1420, An Ordinance of the City'
Council of the City of Seal Beach Adopting the HeUman Ranch Specific Plan
(Hellman Ranch Specific Plan Amendment 97-1), on a 5-0 vote. Second reading
and Adoption of Ordinance No. 1420 occurred on October 27, 1-997.
I
4. After the conclusion of the Public Hearing on September 22 1997, on October 20,
1997, the City Council introduced Ordinance No. 1422, An Ordinance.of the City
Council of the City of Seal Beach Adopting a Development Agreement Between
the City of Seal Beach and Hellman Properties LLC, Regarding the HeUman
Ranch Specific Plan, on a 5-0 vote. Second reading and Adoption of Ordinance
No. 1422 occurred on October 27, 1997.
I
I
I
EXHIBIT 4
DEVELOPMENT AGREEMENT ORDINANCE
ORDINANCE NUMBER /t/d;2
.":~
AN ORDINANCE OF THE CITY COUNCn.. OF
THE CITY OF SEAL BEACH ADOPfING A
DEVELOPMENT AGREEMENT BETWEEN
THE CITY OF SEAL BEACH AND HELLMAN
PROPERTIES LLC, REGARDING THE
"HPI I MAN RANCH SPECIFIC PLAN"
THE CITY COUNCn. OF THE CITY OF SEAL BEACH DOES HEREBY
ORDAIN:
SectilXl 1. The City and HeJlman Pk~ LLC 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 P"'1IR1Y commonly known as the "Hellman Ranch Specific
Plan" area, and more particularly described in the proposed development agreement,
attached hereto as Exhibit A.
Section 2.. The City Council held a properly noticed public hearing regarding
the proposed development agreement 1XI September 22, 1997.
SectilXl 3. The City Council hereby finds that the proposed development
agreement is consistent with the General Plan of the City of Seal Beach and the Hellman
Ranch Specific Plan.
SectilXl 4. The City Council hereby approves and inCOrpollltes by reference
herein Resolution 97-34 of the Planning Commission of the City of Seal Beach, dated
September 3, 1997, attached hereto as Exhibit "B".
Section 5. Based upon the foregoing, the City Council hereby approves the
proposed development agreement, inCOrpolllted by reference herein and attached hereto as
Exhibit" A" and authorizes the Mayor to execute said development agreement on behalf of
the City.
Section 6. The lime within which to challenge the subject development
agreement is governed by Government Code Section 65009.
PASSED, APPROVED AND ADOPTED by the ~~ of the City of Seal
Beach ~~0'~~eld on the, 1997. '7- day of .
~~
Ordinance Number J~~
STATE OF CAllFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, d~Y certify that
the foregoing ordinance is an original copy of Ordinance Number ~ :2.. on file in
the officerN City Clerk, in~ meeting held on the
day of , 1997, and passed,
approved ~ by the City Council o?o~ ~Y: at a meeting held on
the day of , 1997 by the following
vote:
([2'
AYES:
Councilm
NOES:
ABSENT:
ABSTAIN:
and do hereby further cerlify that Ordinance Number /p.:z.. has been published
pursuant to the Seal Beach City Charter and Resolution Number 2836.
athJ~(7n ('-~
rty Clerk I.
I
I
I
Ordinance Number ~.z
EXmBIT A
I
HELLMAN RANCH SPECIF1C PLAN
DEVELOPMENr AGREEMENT
DEVELOPMENr AGREEMENT BETWEEN
CITY OF SEAL BEACH AND HELLMAN PROPERTIES, LLC
(SEE 'PRECEDING/COVER', DOCUMENT)
I
I
Ordinance Number //j"t:z.
EXHIBIT B
PLANNING COMMISSION RESOLUT~ON NO. 97-34
REGARDING HELMAN RANCH SPECIFIC PLAN
DEVELOPMENT AGREEMENT
RESOLUTION NUMBER 97-34
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH RECOMMENDING APPROVAL TO
THE CITY COUNCn.. OF A DEVELOPMENT
AGREEMENT BETWEEN THE CITY OF SEAL
BEACH AND HELLMAN PROPERTIES LLC,
REGARDING THE -HELLMAN RANCH
SPECIFIC PLAN"
I
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY RESOLVE:
Section 1. Hellman P1U~es u.c has applied for approval of the
-HeJlman Ranch Specific Plan- by the City of Seal Beach. The City and Hellman
Pk~i1ies u.c 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 "HeJlman Ranch Specific Plan- area, and more particularly described in the
proposed development agreement, attached hereto as Exhibit A.
Section 2. Pursuant to 14 Calif. Code of Regs. 11502S(a) and II D.C
and m of the City's Local CEQA Guidelines, staff prepared an Inilial Study and a Draft
Environmental Impact Report, which was circulated for public review and comment from
April 8, 1997 to May 27, 1997, in compliance with the provisions of the California
Environmental Quality Act and the City's Local CEQA Guidelines. A Revised DEIR was
circulated for public review and comments from June 9, 1997 to July 23, 1997. Upon
complelion of the public review period, a Final Environmental Impact Report was
reviewed by the Planning Commission at a public hearing held on September 3, 1997.
I
Section 3. Pursuant to Seclion 28-2759 of the Code of the City of Seal
Beach, the Planning Commission held a properly noIiced public hearing regarding the
proposed development agreement on September 3, 1997.
,
Section 4. Based upon the evidence presented, and on the
environmental documentation referenced above, pursuant to Government Code Seclion
65867.5, and Seclion 28-2759 of the City's.Q!lk, the Planning Commission hereby finds
and declares as follows:
I
A. The proposed development agreement is consistent with the cumnt
_ General Plan for the City of Seal Beach, the objectives, policies, general land uses, and
programs specified therein, 'and with the Hellman Ranch Specific Plan, as ach has been
amended to date, in that the General Plan and Hellman Ranch Specific Plan provide for
allowable uses of the subject property, whicl1 include the residential, open space,
recreation, recaiI and other uses contemplated by the proposed development agreement.
The Hellman Ranch Specific Plan is applicable to the proposed development agreement.
. B. The various land uses contemplated by the proposed development
agreement are compatible with the land uses set forth in the Hellman Ranch Specific Plan
area, in which the subject property is located.
I
I
I
Ordinance Number I'~~
c. The proposed deveIopment agreement is in conformity with, and
will not ~ detrimental to, the public necessity, public convenience, geneml welfare, and
good land use practices in that the low density residential, mineral extlll.clion,
conservalion, and recrealion land uses proposed are app.opriate for the property which
comprises the Hellman Ranch' S~~ Pl.... 1IIl:&, and the proposed development
agreement provides (or balanced and diversified land uses in a manner that will protect the
overall quality of life and environment in the City.
D. The proposed development agreement will not adversely affect the
orderly deveIopment of property. but will instead further the orderly development process
by guaranteeing the timely construction of neer''''''')' infrastructure and public
improvements, along with the proteclion and enhancement of open space areas, in
COI\iunction with residenlial development
E. The proposed development agreement will have a posilive fiscal
impact on the City of Seal Beach in that the agreement encourages economically,
produclive use of the property and ensures that Developer will absorb the costs of
development
Section s. The proposed deveIopment agreement is within the scope of
the Fnvironmental Impact Report prepared by the CitY and recommended for certifICation
by the Planning Commission, and no substanlial change or new significant environmental
impact has been brought forward with respect to the circumstances under which the
Fnvironmental Impact Report was prepared which would 'require leVisions in or to the
Fnvironmental Impact Report.
Section 6. Based upon the foregoing, the Planning Commission of the
City of Seal Beach does hereby recommend to the City Council of the City of Seal Beach
that the proposed development agreement between the City of Seal Beach and HeJlman
Properties u.c, attached hereto as Exhibit" A", be approved.
PASSED, APPROVED AND ADOPfED by the Planning Commission of the City
of Seal Beach at a meeting thereof held on the 3" day of Sc:ptember , 1997
by the following vote:
AYES: Commissioners
Brown, Hood, Larson, Law, and Yost
NOES: Commissioners
-
ABSENT: Commissioners _
A!~
Whiuenberg. Secretary
Planning Commission
Ordinance Number Ip2.
EXHIBIT 5
VESTED COMPONENTS
VESTED COMPONENTS FOR
HELLMAN RANCH DEVELOPMENT AGREEMENT
A. General Plan. General Plan of City of Seal Beach dated as of October 1, 1997,
as amended by Resolulions 4563,4564,4565,4566,4567,4568, each dated October
20, 1997. Subject Property is designated for uses described in Specific Plan, referred
to in Seclion B. below.
I
B. Specif'lc Plan. Specific Plan for Hellman Ranch approved as amended by
Ordinance 1420 of City Council, adopted on October 27,1997.
C. Zoning. Zoning Ordinance of the City of Seal Beach, as amended by Ordinance
1420, adopted on October 27, 1997. Subject Property is zoned for uses described in
the Specific Plan referred to in Section B. above.
D. Subdivision Map Approval Conditions. The conditions of approval imposed
in conneclion with approval of Vesting Tentative Subdivision Maps described as TIllct
No. 15402, approved by Resolution 4571 and TlllCt No. 15381, approved by
Resolution 4570 of the City Council of the City of Seal Beach, dated October 20, 1997.
E. Additional Approval Conditions. The following additional approval condilions
and requirements shall apply to development of the Subject Property. In certain cases,
the requirements specified below may be redundant with conditions that apply to the I
Subject Property pursuant to the Specific Plan referred to in Section B. above and the
Tentative Subdivision Maps referred to Section D. above. In the case of conflict or
inconsistency, the provisions below shall control.
1. Off-Site Improvements Required To Be Constructed and Installed In
COrUUDction With Development of Parcel 2 For Residential Purposes.
(a) Improvement Obligation., The Developer shall construct the
off-site improvements specified in subpalllglllph l(a)(I) through l(a)(7) below (the
"off-Site Improvements") on the terms, conditions, and schedule specified therein. The
Developer may satisfy the conditions relaling to the Off-Site Improvements by entering
into a Bonded Subdivision Improvement Agreement which (I) complies with
Government Code 166499, and (ii) is approved by the City.
(1) New sewer pump station in Lopez Drive (at location
shown on the Plot Plan). The sewer pump station shall be of the dry type and have a
capacity to be determined by Developer and the City Engineer. Improvement shall be
completed and opellltional at or prior to lime of issuance of first building permit for a
residence on lots created on Parcel 2. Developer shall pay its fair share portion of the
cost, of such improvement, not to exceed fifty per cent (50%) thereof and City shall pay I
or cause others to pay the balance.
(2) 18-inch water main replacement and relocation. Main
shall be relocated and replaced in conjunction with saltwater marsh restollltion project.
Developer shall pay the cost of the work of replacing and relocating the portion of the
line shown on a map to be provided by Developer. The approximate localion for the
relocated line shall be along the westerly property line adjacent to the Haynes Channel.
(3) Signal modification at intersection of Forrestal Drive
and Seal Beach Boulevard. Improvement shall be completed and OpellltiOnal at or
prior to time of issuance of first certificate of occupancy for a residence on lots created
on Parcel 2. Developer shall pay the cost of the improvement.
Ordinance Number /~~
(4) Signal modification at intersection of Pacific Coast
Highway and First Street. Improvement shall be completed and opellltional at or
prior to issuance of certificate of occupancy for any retail or commercial uses on Parcel
9. Developer shall pay the cost of the improvement.
I
(5) Improvements to Lopez Drive right-of-way. Developer
shall pay the cost of the improvement on Parcel 5 but shall have no liability for the cost
of any improvement between Parcel 5 and Seal Beach Boulevard along the boundary of
the Boeing Property. The improvement shall be completed on ,or before the opening
date for the golf course on Parcel 4.
(6) Improvements to Seal Beach Boulevard. These
improvements shall include (i) landscaping, (ii) undergrounding of SCE's 12 Kv
powerlines, (ill) construction of community wall, sidewalk and monumentalion wall,
(iv) restriping to accommodate new turning movements with turning movements to be
determined by the City Engineer and Developer in accordance with accepted traffic
engineering principles, and (v) decelellltion turn lane into golf course entrance. The
cost of these Improvements is estimated at approximately Five Hundred Thousand
Dollars ($500,000). Developer shall pay the full cost of the Improvements, the
foregoing statement of estimated costs not being a limitation. The Improvements shall
be completed and operational at or prior to time of issuance of first certificate of
occupancy for a residence on lots created on Parcel 2; provided, however, that the
decelellltion lane into the golf course entrance shall be completed on or before issuance
by City of a certificate of occupancy for opening and opellltion of the golf course on
Parcel 4. Covenants, condilions and restrictions shall impose upon the homeowner's
association created among the owners of residences on Parcel i the obligation to
maintain those portions of the foregoing improvements that are not dedicated to and
accepted by a public entity.
I
(7) Improvements to Seal Beach Boulevard Median.
Developer shall contribute twenty-five percent (25%), but not to exceed One Hundred
Thousand Dollars ($100,000) of the cost of a landscaped median in Seal Beach
Boulevard from Lopez Drive to Bolsa Avenue, which includes the cost of a sidewalk
along Seal Beach Boulevard from the southern boundary of the Property to Bolsa
Avenue. The estimated cost of such work is $400,000. No such contribution shall be
required by the Developer, however, unless an entrance to the golf course parcel is
provided directly from Seal Beach Boulevard, with turning movements to be
determined by the City. City shall use diligent efforts to obtain grant funding to
complete the improvements to which Developer's contribution is to be applied. In the
event the City obtains grant funding that may be used for the median work
contemplated by this paIllglllph (7), Developer contribution will be decreased (e.g., if
City receives $100,000 in grant funds for the median, instead of paying 25% of
$400,000 ($100,000), Developer shall pay 25% 0($300,000 ($75,000).
I
(b) Transportation Impact Fees. In addition to paying for the
improvements described in subpalllglllphs 1 (a)(3) through (7), inclusive, at Developer's
cost, and notwithstanding any other provision of this Agreement, Developer shall pay
to City all applicable City Transportation Impact Fees required by Chapter 22B of the
Code of the City of Seal lIPJo"h, at the then-applicable rate, to assist in miligating
transportalion impacts of the Project.
(c) Affordable Housing. In compliance with Government Code
Section 65S9O(d), Developer shall provide seven (7) housing units that are affordable to
persons and families of very low, low, or modelllte income on-site. If City determines
that providing such housing units on-site is not capable of being accomplished in a
successful manner within a reasonable period of time, taking into account economic,
environmental, social and technical factors, Developer shall be required, as a condition
of approval, to provide seven (7) slJch housing units at another location in City, either
Ordinance Number I'~~
within the coastal zone or within three miles thereof. The off-site affordable housing
may be provided by means of one or a combinalion of the following alternatives:
(1) Provision of the required number of units as part of a new
housing development;
(2) Developer's purchase of exisling affordable housing units
and preserving the affordability of such units for a period of not less than ten (10) years
through covenants or deed restriclions; or
I
(3) If Developer provides evidence to the salisfaclion of the
Director of Development Services that oplions (I) and/or (2) above are not capable of
being fully accomplished in a successful manner within twenty-four (24) months after
approval of the Specific PIlin and prior to the City's issuance of a Certificate of
Occupancy for the golf course clubhouse, taking into account economic, environmental,
social and technical factors, Developer shall pay to City an in-lieu affordable housing
fee of fifty-three thousand seven hundred and fifty dollars ($53,750), to be deposited by
City into a special fund to be used exclusively to increase, improve and preserve the
community's supply of low and modelllte income housing available at affordable
housing cost, on or before December 31, 1999. Payment in full of such fee shall fully
salisfy and discharge Developer's obligalion to provide housing units pursuant to
Government Code Seclion 65S9O(d). .
If none of the foregoing options have been implemented by
Developer within twenty-four (24) months after approval of the Specific Plan and prior
to release of a Certificate of Occupancy for the golf course clubhouse, City shall not
issue said Certificate of Occupancy. City's Director Of Development Services may, at
his or her option, grant one (1) extension of the foregoing lime limit of not more than
one hundred eighty (ISO) days beyond Developer's original time period for compliance.
2.
Operation or Golf Course.
I
(a) Private Ownership. The golf course shall be constructed and
maintained under private ownership but open to members of the public for public play.
Certain special play rights shall be provided for City residents that may include (1)
early twilight fees (one hour earlier than normal twilight fees); (2) early bird specials
(back nine only); (3) early tee-time reservations (accepting reservations one day early
for residents); (4) frequent play benefits Oower rates for frequent players); (5) resident
cards for other benefits; and (6) school team proglllms. Proglllffi details will be
determined by the golf course opellltor.
(b) Water Supply. Developer anticipates drilling and equipping its
own well fqr irrigating. the golf course, but City shall provide such water as may be
required fo.r irrigalion of the golf course for the full term of this Development
Agreement at rates and under conditions idenlical to those charged or imposed in
connection with deliveries to industrial and other large quanlity users.
. 3. Gum Grove Nature Park.
(a) Dedication. Gum Grove Nature Park ("Nature Park"), as shown
on the Plot Plan, shall be dedicated to City not later than the date when the golf course I
to be established on Parcel 4 opens for play or the date of filing the first final
subdivision map with respect to any portion of Parcel 2, whichever is the earlier.
(b) Configuration. So long as the total acreage remains substantially
the same, Developer shall have the right to adjust the boundary between the Nature
Park and the golf course so long as the configullltion substantially conforms to the
Specific Plan.
Ordinance Number /~.2.
I
(c) Condition or Title: Condition Subsequent. Title to the Nature
Park shall be conveyed by glllnt deed in fee simple absolute, subject to a condition
subsequent allo~ng Developer to recover Iitle if all or any portion of the Nature Park
is uli1ized at any time for purposes other than as a substantially unimproved public
park, based upon the exisling grove of trees and related vegetation. Uses that shall
trigger the condition subsequent shall include, but without limitation, (i) removal of
trees from the Nature Park to create open area other than as required for normal
maintenance and tree husbandry, (ii) crealion of play areas or active recreation areas
(ball fields, tennis courts, etc.,) within the Nature Park or any uses other than passive
recrealion, (ill) any residenlial uses, or (iv) any commercial uses. Title shall also be
subject to (i) a covenant requiring the owner and/or operator of the Nature Park to
establish a procedure for nolifying the golf course operator in advance of any proposed
public assembly events in the Nature Park and to conduct such events in a manner that
will cause as little interference with golf course opellltions as is reasonably possible
under the circumstances, and (ii) an indemnification provision for golf balls accidentally
hit into the Nature Park, subject to the steps required of the parties to manage golf play
hazards as specified in subparaglllph 3(d) below.
(d) Management or Golf Play Hazard. Developer shall use its
good faith efforts to design the golf course in a manner that will minimize the size of
the potential impact hazard zones and shall suggest to City plantings and other
improvements that will reduce the risk. City shall post warning signs and take other
steps reasonably calculated to apprise persons using the Nature Park of the hazard. The
golf course owner and operator shall not be liable for injury to persons or damage to
property by ~n of golf ball intrusion into the Nature Park; provided, however, that
such owner and opellltor shall contribute fifty percent (50%) of the cost of defending
against any such claims and of any award of damages, judgements, costs and/or
attorneys' fees; and provided further, that nothing contained in this Agreement shall
col\slitute a release by City of any claims against the golfers who hit the ermnt balls.
I
(e) Physical Condition. The Nature Park shall be tIllnsferred to
City ownership in its current condition. Having leased the Nature Park since 1971,
City is fully familiar with its condition' and agrees to accept the same "as is." From and
after dedicalion, Developer shall be responsible for maintenance of fencing to sepaIllte
the Nature Park from the golf course; provided, however, that City shall pay for the
cost o( repairing all damage to the fence caused by City e~ployees, agents or
contlll.ctors or that occur as a result of or in connection with City sponsored events.
(t) Operation. The Nature Park shall be open to the public during
hours established by City, but not earlier than dawn or later than sundown of any given
day. The Nature Park shall be closed during the nighttime hours. City shall assume
responsibility for locking and unlocking the Park entry gate at Avalon Drive.
(g) Grading. Prior to performing glllding work on the golf course,
Developer shall nolify City so that Developer's grading contlll.ctor will be in a posilion
to perform limited grading in the Nature Park to facilitate its use for permitted
purposes, as t1:Ie parties may agree.
I
(h) Credit Against Open Space Dedication Requirements.
Dedication and conveyance of the Nature Park shall entitle Developer to full credit for
all park dedicalion requirements under applicable City laws, ordinances, rules and
regulations including, but without limitation, fees levied in lieu of park dedication
requirements.
(i) Payment By Developer. From and after dedication of the
Nature Park, Developer shall pay a total of Twenty-Five Thousand Dollars ($25,000) to
City or the Gum Grove Nature Park Group, as determined by City, to be used for
maintenance, enhancement and other park related events. Payments shall be made in
four installments, Ten Thousand Dollars ($10,000) on the date of the dedication and
Ordinance Number .I~~
Five Thousand Dollars ($5,000) each on the first, second and third anniversary dates of
the dedication. '
(j) Reinterment. Gum Grove Nature Park may be used as a
reinterment site if determined appropriate by the most likely descendant of the deceased
and if human remains are discovered during development aclivity on the balance of the
Property. Developer shall be responsible for the cost and legal compliance of any such
reinterment. City shall COOpelllte with Developer and the "most likely descendant" to
the end that the handling of human remains encountered on the Property is conducted I
ex~itiously and ,in a manner that meets the needs of the concerned parties.
4. Saltwater Marsh Wetlands.
(a) Wetlands To Be Created In Col1iunction With Development of
Golf Course. Developer shall enter into a contlllct to restore the saltwater marsh
wetland, conditioned upon construction and opening of the golf course, with the initial
planling to be substantially completed not biter than the date when the golf course first
opens for play.
(b) Wetlands Plan. The restollltion of the saltwater marsh wetlands
shall conform to a plan and undertakings approved by the Cal!fornia Department of
Fish & Game, the California Coastal Commission and other responsible agencies.
Developer shall dedicate the saltwater marsh wetland to a qualified public or private
agency, reasonably acceptable to Devel~r, that agrees to accept it and to undertake
the maintenance and mitigalion monitoring obligations that have and will be imposed in
coMeclion with the restollltion.
(~) Restoration and Dedication Not A Condition. Subject to
subparagraph 4(b) above and the condilions of approval referred to in Sections B and
D. above, neither dedication of the saltwater marsh wetland to a public entity, or I
private conservancy organization, nor entry into a contlllct for restollltion thereof shall
constitute a condilion on the right to subdivide Parcel 2 into residential lots or construct
residences thereon.
(d) Plan For' Operation and Maintenance. Saltwater marsh
w~tlands created pursuant to subpalllglllph 4(b) above shall be managed, operated and
maintained pursuant to the restollltion plan and the management and operation
requirements imposed in connection therewith by the Department of Fish & Game and
the California Coastal Commission, including a deposit in trust or similar security
provided for ongoing maintenance responsibilities. '
(e) Indemnity. The saltwater marsh wetland shall be subject to an
indemnity substantially identical to the indemnity provided for with respect to the
Nature Park.
(I) Pedestrian TraU Adjacent to Saltwater Marsh. The plan for
restollllion of the saltwater marsh shall include a plan for construction of pedestrian
trails adjacent to the saltwater marsh. The tIllils shall be dedicated to the same entity as
the saltwater marsh wetland if, as and when such dedication occurs. The pedestrian
tIllil shall be subject to a golf ball easement and indemnity sl!bstantially idenlical to
easement and indemnity provided for with respect to the Nature Park.
I
S. Freshwater Wetlands. As part of the development of the golf course,
Developer shall cause to be created not less than nine (9) acres of fresh water wetlands,
including both permanent and seasonal wetlands, substantially as shown on the Plot
Plan. Developer shall enter into a contlllct for restoration of the wetlands so that the
initial planting will be substantially complete by the time that the golf course opens for
p~y. '
Ordinance Number /~<~
6. Development Plan For Lands Owned By The State Lands
Commi...ion. ,The Approvals apply to certain lands owned by the State Lands
Commission, Parcel 9 as shown on the Plot Plan, and prescribe land uses thereon. No
obligalion of Developer under this Development Agreement shall be conditioned in
whole or in part upon development by the State Lands Commission or other person,
firm or entity upon the State Lands Commission Parcel. The following provisions shall
apply with respect to the State Lands' Parcel:
I
(a) Developer will attempt to procure a lease that will allow it to
control development and use of Parcel. City acknowledges that there can be no
assurance that such a lease can be entered into on acceptable terms.
,(b) City shall coopelllte diligently with Developer in an attempt to
secure an oil pipeline connection from the produclion facililies on Developer's land~
across Parcel 9 to connect with the 9il shipping pipeline in the Pacific Coast Highway
right-of-way.
I
(c) Neither J?eveloper nor any other user of Parcel 9 shall be
required to construct the interpretive center shown thereon prior to the issuance of a
certificate of occupancy for the commercial project to be developed thereon. The
obligation to construct the interpretive center shall be conditioned upon establishment of
salisfactory funding and opelllting arIllngements as well as arIllngements for long-term
maintenance. Developer shall contribute Fifteen ThouSand Dollars ($15,000) towards
the cost of the interpretive center when the plan for the center and its integllltion with
the Krenwinkle House and the other used on Parcel 9 have been completed, and
mutually agreed upon between Developer and City.
Cd) The right to use any of the other Parcels shown on the Plot Plan
shall not be conditioned in any way upon development or construction of commercial
improvements on Parcel 9.
(e) Developer shall have no responsibility for relocation and/or
restollltion of the Krenwinkle house that is provided for under the Specific Plan for
Parcel 9; nor shall the right to use any of the Parcels shown on the Plot Plan be
condilioned in any way upon such relocation and/or restollltion. Developer shall
contribute Ten Thousand Dollars ($10,000) toward the cost of reroofing and painling
the Krenwinkle House, when, as and if it is moved to the State Lands parcel.
(f) If Developer succeeds in entering into an acceptable lease for
Parcel 9, Developer shall attempt to provide a corridor (and cooperate with public
agencies attempting to provide a corridor) for connection to the regional bike tIllil
substantially as shown on the Plot Plan. Developer shall not be obligated to pay any of
the improvement costs with respect !O the bike tIllil; nor shall the right to use any of the
Parcels shown on the Plot Plan be conditioned in any way upon the creation and
development of the bike tIllil extension.
I
7. Development Plan For Lands Owned By The Redevelopment Agency
of the City of Seal Beach. The Parcel owned by Redevelopment Agency of City at the
foot of Lopez Drive (Parcel 5), as shown on the Plot Plan, shall be utilized for access
(as the Plot Plan and the Specific Plan provide) and for other uses compatible with the
golf course use as determined by the City Engineer in consultation with Developer or
it's successor in interest. Developer shall have the right to approve any landscaping or
improvements, prior to their installation, located on Parcel S. The Lopez Drive
roadway connection to be constructed on Parcel 5 shall be designed and constructed to
City's specifications by Developer prior f:o the opening of the golf course for play. If
feasible (as determined jointly by the City Engineer and the civil engineer employed by
Developer), the sewer pump station provided for in Paraglllph l(a) above shall be
located on ParcelS.
Ordinance NUmber~~~~
SCHEDULE 1
RESOLUTION NO, ~~O
A RESOUITION OF TIlE CITY COUNCll. OF TIlE CITY OF SEAL BEACH
ESTABLISHING 1HE RATES AND AMOUNTS OF FEES AND CHARGES FOR
GOODS, SERVICES AND FACll.ITIES PROVIDED BY TIlE CITY OF SEAL
BEACH AND SUPERSEDING INCONSISTENT PROVISIONS OF RESOLUTIONS
4195,4234,4250,4442,4494,4499,4519
I
WHEREAS, the City Council is empowered to impose reasonable Fees, rates, and charges for
IIlUllicipal services; and
WHEREAS, the City Council has determined 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 tbe actual costs under the current fee schedules;
NOW, TIIEREFORE, BE IT RESOLVED, the City Council of the City of Seal Beach hereby
establishes the amount of certain fees, rates and charges, and restates that amount of otber fees, Illtes,
charges and taxes as follows:
SECflON 1. Administrative Fees
A. Documents
The following fees are established to reimburse the City for costs relative to filling public requests for I
copies of non -confidential records. codes, brochures, booklets and patent materials not marked for
general distributiQn,
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.
1. a. Copy charge......... ,..... ...... ......... .., ............ ... ............... ...... ....$0. IS/page
2. City Charter ...............................................................................................,..$1 0,50
3. Municipal Code
a, Complete, ,., ....,.......,...,...,....,.................,.........................................,...., ,$70,00
b. Municipal Code Supplements... .., ......... ......... ......... '" ......... ... ...$0.35/page
4. Zoning Ordinance
Complete ..,..............., ,...............,.......,.......,....,.......,..................., ....,.......... .S35,OO
5. General Plan '
Complete,.....................................................,.. .......'..........,.. ..S65 ,00
6, Ordinances, Resolutions. Contracts. Agreements
s.
a, Copy charge............ ...... ...................................................... .....SO.15/page
Minutes
Regular basis......... ...... ...... ......... ............ ." ..................... ......... .....S50,oo annually
with se1fIaddressed stamped envelopes.
Agendas
Regular basis...... ......... ......... ...... ........................ ......... ......... ... ......$25.00 annually
w/se1f addressed stamped envelopes.
9. Economic Interest Disclosure and '
Campaign Statements (as required by State Law)................................. .....$ 0.I5/page
I
7.
10. Eleclion Documents... ... ...... ......... ......... ......... '" ... ... .., ... ...... ... .., ... ...$ O,10/page
11. Postage,
AU 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,
Ordinance Number 1~32.
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, sha1I be charged the sum of
S25,OO 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,
SECI10N 2. Building Fees
I
A. Microfilminl! Fee
1. For each sheet up to 8 1/2" x 11" in size
(at time of permit issuance).., ,.. ...... .....,.................. ........, .,....... .,. ...... ....50.75/sheet
2. For each sheet larger than II" x 17"
or larger... .,. ... ... ... .., .., ... .,. ... .., ,.. ... .., ...... ... ... ... ,.. ... ... ... ... .., .., ... ." '" ..,51.50/sheet
3. Copy of microfilmed documents............ ...... ...... ......... ...... ............ ...... .....SO.15/page
B. Buildinl! Permit Fees
Total Valuation
Itt
5500,001.00 to 51,000.000.00
10"10 of the permit valuation,
S81.65 for the first S5oo.00 plus S2,75 for each additional
5100,00 or fraction thereof, to and including S2OOO,OO,
S123.00 for the first S2,OOO,oo plus S12,50 for each
additional 51,000.00 or fraction hereof, to and including
525,000,00.
5410,50 for the first 525,000,00 plus S9,OO for each
additional 51,000,00 or fraction thereof, to and including
550,000.00
5635.50 for the first 550,000,00 plus $6.25 for each
additional SI,OOO,OO or fraction thereof, to and including
5100,000.00
5948.00 for the first SIOO,ooO,oo plus 55,00 for each
additional 51,000.00 or fraction thereof, to and including
5500,000,00
52,940,00 for the first S500,OOO.00 plus 54.25 for each
additional 51,000.00 or fraction thereof, to and including
51,000,000.00
S5,073 ,00 for the first 51,000,000.00 plus 52.75 for each
additional SI,ooO,oo or fraction thereof
A building valuation data sheet shall be used in conjunction with the fee schedule established in
Section 2.B.I, The source of that sheet sha1I 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.
51,00 to 5500.00
S501.00 to S2,ooO,OO
I 52,001.00 to 525,000.00
S25,ool.oo to 550,000,00
S50,OOl.00 to 5100,000.00
5100,001,00 to S 500,000,00
SI,ooO,ooO.OO and up
I 2,
3.
General Plan and Geographic Information System Update. Surcharge S,ool5 x value of
building levied with building permit,
Ordinance Number 19.22.
4. Miscellaneous Valuation Table
a, Pool Fee
(1) Swimming Pool....................,.........................,..$3,OOO+$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
Signs
(1)
(2)
I
d,
Free Standing.......................................................... $33,75 per square foot
each face)+$3oo,oo
Wall Signs............................................................... $22.50 per square foot
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
S. Plan Check Fees
a. Valuation must exceed $1,000,00 and a plan be required, then a fee shall be paid of65% of
of the building permit fee,
b. When a plan or other data is required to be submitted for work related to mechanical,
electrical or plumbing, a plan check fee of65% of the total permit fee (excluding initial
permit fee) shall be required,
6,
Miscellaneous Fees
I
a, Swimming Pool Fee..........................................................,........,........,...., Table A
Based on Valuation
b, Spa Fee..........................................................,..........................,....,...........Table A,
Based on Valuation
.Public Works Bond for Damages to
Public Improvements .......,............................................,...,$ 385,00
.Public Works Street Permit!
Rubbish Container ........................,......................................$ 25.00
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
f. Roofing Fee.....................................................................................,......., Table A,
Based on Valuation
g, Sandblasting ......:............................................ $.06 per square foot of wall surface
h,
I
Tent Fee.........Up to 1,000 square foot ,........,..............................................$38.00
Each additional 1,000 square foot. of fraction thereof..................................$12.75
i, Renewal ofExpirtl!i Permits, 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
I.
1
I
Ordinance Number / I.t-t.
\ k,
Demolition Permit Fee... ,., ... .,. ... ... ,.. .,. (Table A) contlllCt price for demolition work
Moving Permit Fee, ,. .,. , ,. ... ,., ., , ,.. .., ... .,. (Table A) valuation based on contract price,
(Special investigative fee required)
I.
7. SDeci.1 Service Fees
a, Speciallnvestigative 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
m
SI90,OO
S380,OO
S575.00
S765,OO
$200.00
b. For inspections requested by a permittee to be made outside of normal 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 (1) re-inspection of an item of work caused by faulty workmanship or work not
ready for inspection at time of request... ..,......... ... ............ ...S50,oo per inspection
d. Additional plan check review by changes. additions or revisions to approved
plans.................................... ............... S50.00 per hour, minimum of one hour.
e. Inspection for any change of occupancy classification, use type (as indicated in Table Sa
of the Uniform Building Code) or certification of compliance with Building Codes and
ordinances not otherwise provided for............ ......... :.. ...... .., ...... ...Sloo,oo
f, Inspections for which no fee is specifically indicated (minimum charge is one half hour)
......... .,. ............ ...... ........................... ............... ... ........ .............$40,00
8. Electrical Code Fees:
a.
For issuing each permit ...,.............,..,.............,...,.., '....., ,..,...,........,...,...., ,., ,.S22,oo
b, When electrical permits are not obtained in conjunction with other types ofpennits;
minimum fee ..........................................................................,............,........S22, 75
c. Services
Each service switch 300 volts orless - S,018/amp,
Each service switch 301 volts to 600 volts - S.05/amp. Each service switch over 600
volts- S.090/amp,
In addition, the following fees shall apply to electrical systems contained within or on any
new structure, including new additions to existing structures.
S .00640 per square foot:
(a) Warehouse - that part which is over 5,000 square feet
(b) Storage garages where no repair work is done
(c) Aircraft hangers where no repair work is done
S ,01375 per square foot:
(a) Residential accessory buildings attached or detached, such as garages,
carports, sheds, etc.
(b) Garages and carports for motels, hotels and commercial parking,
(c), Warehouses up to and including 5,000 square feet.
(d) AU other occupancies not listed, that part which is over 5,000 square feet,
S,028 per square foot:
All other occupancies not listed up to and including 5,000 square feet.
S.0028 per square foot:
Temporary wiring during construction,
d, Temponuy Service
(1)
(2)
(3)
(4)
(1)
(2)
Temporary for construction service, including poles or pedestals,
each... ...... .., ......... ......... ...... ............ '" ............ ......... .....SI7.oo
Approval for temporary use of permanent service equipment prior to completion
of structure or final inspection, each... ......... ..................... .......SI7,OO
Ordinance Number I~~
NOTE:
(3) Additional supponing poles, each......... ...... .................. ,.........$ 5,00
(4) Temporary service for decollltive lighting, Christmas sales lot, etc....5 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............... ................,...........,.................52,50
(2) Private residential swimming pools including supply wiring, lights, motors and
bonding..,............,....,...........".. ......,....".......,...... ,.. ,......,... ..534.00
(3) Commercial swimming pools..................... ......... ... ...... .............. 568,00
(4) Inspection for reinstallation ofidle meter (removed by Utility Company) ....
... ,.. .....,.., ... ............ ...... ,......,.... ... ........,........,..,............ ....$12,75
I
D1uminated Signs. New-Relocated or Altered
Square Feet:
Up to and including 5.........................................................................,.........512,75
Over 5, not over 25.....................................................................................,$15.25
Over 25, not over 50"....................,..,................................................"....",.$20,50
Over SO, not over 100..................................................................................$28.00
Over 100, not over 200..................... .................................... ... ...$30.50
Over 200, not over 300...... ......... ......... ......... ...... ......... ......... ......$38.25
Over 300............................................. ............... ... ...$0,125 per square foot
g. Overhead Line Construction
r.
Poles and anchors, each......... '" ........................... ...... ............ ...... ......$ 5,00
h. Alternate Fee Schedule, A1tellltions, 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 5 3.80 for
each unit:
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-assembiy'(feSiooiitYPe'piiig'moid'etc:)~'each'20'feei'or.fulCtion"'"
thereof..................... .........,...,...........,....................,..,..,.....................,......... 1 unit
I
i. Power App8Illtus
For equipment rated in horsepower (UP), 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 .............................................................................517.00
Over 50 and not over 100 ...........................................................................$34.00
Over 100, each ............................................................................................$51.00
(1) For equipment or appliances having more than one motor or heater. the
sum ofthe combined ratings may be used to compute the fee.
(2) These fees include all switches, circuit breaken, contracton, relays and
other directly-related control equipment.
j. Other Inspections and Fees
(1) Inspections outside of normal business hours ..........................,.... Section 286
(2) Re-inspection ..............,...,..............................,.....................,.. Section 2B6
(3) Additional Plan Check Review ......................,........................, Section 2B6 I
(4) Miscellaneous App8llltus, conduits, and Conductors for electrical app8llltus,
conduits and conductors for which a permit is required but for which no fee is
herein set forth ,......,...............................,......................................,,$ 12,50
9. Plumbine Code Fees
a, For issuing each permit .......................,.......,..........................,..............."....521.00
b. When plumbing permits are not obtained in conjunction with other types of permits,
Minimum fee $22,75
................................................................................................
c.
d,
e,
f.
I g.
h.
i.
j.
k.
I
Ordinance Number I't'~~
For each plumbing fixture or trap or set offixtures on one tlllp (including water,
drainage piping and back flow protection...................,.....................,..,..........$7,OO
For each building sewer and trailer park
sewer ......,..,..,.., ,..............,...,............,., ,......,.......,..,..., ,.., ,......,..,..,...,.....,...,.$ 15.00
Rainwater system - per dIlI.in (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
F h ddi' nal .. out! $125
or eac a tio gas plpmg system, per et........................................ .
For each industrial waste pre-treatment interceptor, including its trap and
vent, excepting kitchen type grease interceptors functioning as fixture
traps ................:........,........................,.........................,.............,...,..............$ 7,00
I. For each installation, a1tellltion or repair of water piping and/or water
treating equipment ...........,...............................,......,....,.............,.., ,.....,...,... ,$ 7.00
m, For dIllinage or vent repair or a1tellltion of piping .........................................$ 7,00
n, For each lawn sprinkler system or anyone meter,
including back flow protection devices..........................................................$ 7.00
0, For atmospheric type not included in Item M, one(l) to five (5),...............$ 7,00
p. Six (6) or more each of the above .............................................................,..,$ 1,00
q,
For each back flow protective device other than atmospheric type
vacuum breakers:
(I) 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,OO/hour
t, For each annual cross-COMection testing ofa reclaimed water system
(excluding initial test)..................... ......... ...... .......................... .$30,oo/hour
u. Other inspections and fees:
(I) Inspection outside of normal
business hours ......................................................................... Section 2B6
(2) Re-inspection .......................................................................... Section 2B6
(3) Additional Plan Review ........................................................... Section 286
v. Sewer COMection permit f~............................................. ....up to $25,00
10. Mechanical Code Fees
I
For the issuance of each permit.......................................,..........,.................$22,oo
When mechanical permits are not obtained in conjunction with other
types of permits, 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
a,
b.
d. , For the installation or relocation for each forced air or gravity-type
Ordinance Number 1~-e..2.
furnace or burner, including ducts and vents attached to such
appliance over \00,000 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 beater 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 permit,..... ... ....,....... ....... .... $ 6.50
For the repair of; alteration of; or addition to each heating appliance,
refiigeration unit, cooling unit, absorption unit, or each heating,
cooling, absorption or evaporative system to and including
100,000 BTUIH. ,........................................................................................$ 12.25
I
h,
i, For the installation or relocation of each boiler or compressor
to and including three horsepower, or each absorption system to and
including 1 00,000 BTUIH........,........................,.................................,.......$ 13.25
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 installation 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
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 750000 BTUIH $49.50
" ........................................................................................
I
m.
For the installation or relocation of each boiler or refrigerator
compressor over 50 horsepower, or each absorption system over
I, 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 whicb a permit 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
For each ventilation system which is not a pordon of any heating
or air conditioning system authorized by a permit,.............. ............ .... ...$ 9.50
For each ventilation fan connected to a single duct......... ...... ,.. ...... ...... ...$ 6.50
q.
r.
s,
For the installation or relocation of each domestic type incinerator... .. .. .. .. ... $16,25
I
For the installation of each hood which is served by mechanical
exhaust. including the ducts for such hood...... ......... ............ ,........... ...$ 9,50
u, For the installation or relocation of ~ch commercial or industrial
type incinerator...................."..... .......................,...... ............, ...$66,50
1.
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 these attached, each......... .................. ......$ 5,00
Ordinance Number;l~-Z
x.
When Chapter 22 of the Uniform Building Code is applicable, permit
fees for fuel-gas piping shall be as follows:
(I) For each gas-piping system of one to four outlets... ... ........... ...., 55,50
(2.) For each gas-piping system offive or more outlets, per outlet.,. ..... $ ].00
Other Inspection Fees
(]) Inspection outside of normal hours,..............:.......................... Section 2B6
(2) Re-inspection .......................................................................... Section 2B6
(3) Additional Plan Reviews......................................................,... Section 2B6
R.efunds, If construction has not commenced, a refund of eighty percent (80"10) of the
permit fee will be allowed when permits are cancelled at the request of the permittee, No permit
fee will be refunded for any permit which has expired. No refund will be made of the plan check
fee when the plan cheek service has been performed, A refund ofSO"Io of the plan cheek fee will
be returned if the plan check service has not been performed,
y,
ll.
I
C. Construction Escise Tas
1. Rates
a, Residential Units
(1) Single Family..................................,.................................,.........,.., ,.585.00
(2) Duplex (each),..................................,.......,.......................................585,00
(3) Apartment (each) .........................................................................,..,562,50
(4) Bachelor (each) .....,... ,..,..,......,..............,.......................,.., ,........,.., ,.562,50
(5) Mobile Home Space (each) ...........................................................,..551.00
b. Commercial- per square foot - ......................................................,.............. 5 .05
c. Industrial- per square foot - ....................................................................,..., 5 ,05
2. Delinquency Charge, Twenty-five percent of tax plus interest cost of] ,00% per month,
I
1.
D. Environmental Reserve Tn
Fee on new residenlialliving unit construction,
a. First three (3) floors ofa conforming unit (per square foot),.. ............ .....5 0.]5
b, First three (3) floors ofa nonconforming unit (per square foot)....,........" $ 0.35
E. Non-Subdivision Park and Recreation Fees
I
1. Single,.Family Dwelling - A fee ofSlO,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.
2. Other Residential Uses - A fee of 55,000 is imposed upon the construction and occupancy of
each residential dwelling unit, other than a single-family dwelling, 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 foUowing fees are charged to individuals submitting the described requests to the City Development
Services Department. Payment in fuU is required before issuance of necessary Grading, Building,
Plumbing, Electrical, Mechanical or any other appropriate permit.
^' Filinl! Fees
1. Conditional Use Permit.....,.........................,......................Actual Costs - 5 500,00 deposit
2, Variance............................................................................Actual Costs. $ 500.00 deposit
3, Zone Change...................................................................Actual,Costs - 51,000.00 deposit
4. General Plan Amendment ................................................Actual Costs - 51,000,00 deposit .
S. Planned Unit Development ..............................................Actual Costs - 51,000.00 deposit
Ordinance Numberl'~;e
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
II. Appeal- Public Hearing..........................:..............Actual Costs - $ 500,00 deposit
12, Pre-Application Conference...,...................................,.......Actual Costs - $ 100,00 deposit
13. Property Profile.............................,.......,........................,...Actual Costs - $ 75,00 deposit
14, Planning Commission Interpretation ... ........................Actual Costs - $200,00 Deposit
I.
2,
3,
4.
S.
6.
7.
8.
9.
B. Environmental Fees
I
I.
2,
3.
4.
Minor Environmental Assessment (Determination)........... ... Actual Costs - $ 10.00 deposit
Major Environmental Assessment (Initial Study).........,.. ..,Actual Costs - $250,00 deposit
Negative Declallltion... .;.... ..................... ...... ... ...... ...Actual Costs - $500,00 deposit
Enviro~ental Impact Report ................................Actual Costs -$10,000,000 deposit
............ ...... ...... ......... ............ ...... ............... ....plus 10",4 to Fire Department Cost
C. Transoortation Facilities and P~(Il!rams Develooment Fees
Land Use Tv.pe
I. Shopping Center (up to 175,000 square feet)
2, Shopping Center (over 175,000 square feet)
3. General Office Building
4. Quality RestaulllDt .
S. Hotel
6, Single Family Detached Housing
7. Multi Family Attached Housing (Apartment)
8, Multi Family Attached Housing (Condominium)
9. City Park
10. Other Land Use Types
Fee/Unit
$8,83 per square foot of gross leasable area
$2,74 per square foot of gross leasable area
$2,98 per square foot of gross leasable area
$6,79 per square foot of gross floor area
$597.40 per room or suite
$1,054.50 per dwelling unit
$692,00 per dwelling unit
$577.20 per dwelling unit
$3,452,62 per acre
$1,028,98 per PM peak hour trip generated
D. Tnnsoortation Facilities and Pro!!nms Develooment Aoolication Fee,
Land Use T)1)e
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)
City Park
Other Land Use Types
Fee/Unit
$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
$1.01 per square foot of gross floor area
$88,23 per room or suite
$157,32 per dwelling unit
$103.11 per dwelling unit
$5 I 5,55 per acre
$156.26 per PM peak hour trip generated
I
E. Main Street Soecific Plan Zone In -Lieu Parkin!! 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;
I. $3,500.00 per deficient space for all such uses established on or after September I, 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 $3,500,00.
2. An annual fee of$IOO,OO per deficient space for all such uses established prior to September I, I
1996 which are currently operating under an existing land-use entitlement wherein as a condition
ofapproval 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.
I
I
I
Ordinance Number /~..2.,t,
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.
SECI10N 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,..,.........,............................................,$14,oo
July I - June 30
2. Indirect Alarm System Application Fee ........................................................510,00
July I - !une ~O
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 .........................................,.........................,.., .......,..,550,00
5th false alarm 5100.00
6 or more false'iiiarms'::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::S'iSO,OO/each
B. Animal Control Fees
For animals licensed pursuant to Section 3-IO,7(a) of the ~:
1.
2.
3.
Dog - unaltered.....,...,..........:.................,...,..,...........,...,..,................,..,....., 5 20,00
altered........,...,..............,...,.........................,.............,.....,......,..,.., 5 10.00
Cat - unaltered 5 10.00
altered:::: :::: ::::::::: ::::::::::: :::::::: ::::::: :::: :::::::::::::::::::::: :::: ::::: ::: :::::: ::::..5 7,50
Sr. Citizen Discount.............,.......................,...................,.........,..,...........,...,. 500!ol
For animals impounded at City of Seal Beach Animal Care Center:
1, Impound ofsman animals (cats, dogs, etc.):
a, Impound Fee ." ,..,...,................,...,............., ,..................,...............,..525,00
b, Daily Care and Feed ........................................................................... 5,00
2. Quarantine of Small Animals:
a. Impound Fee .,...,......,....................,...........,..,.......,.......,........,..... ,.....,.25,00
b. Daily Care and Feed ...........................................................................10,00
3. Quarantine on Owner's Property ..........................................................................25.00
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
S. Euthanasia (request by owner) .......................................................,.............$20,00
Miscellaneous Fees:
1. Disposal of dead animals..........,..........,..,......................,..,.........,..........,...'" $15,00
2. Animal traps ............................................................................,............., $2.oo/day
or:
Delivery of trap,...........,..........,......,............................ .......,..........,...,.......,. ,$1 0,00
Rental/dAy of trap .............................................................,..........................,$1.00
Ordinance Number /.t/.2~_
3. Relinquishment ofanimal by owner (adults) ...................................,.........,.. $17.50
Each litter plus female..,..............,..",.......,..".......,......,....,..,..............,..""..,,$ 5,00
1.
C. Beach Parkin!! Services
Anrilln-Novemberln
Buses,
Motor homes,
and Other
Vehicles I
Motorcvcles Autos Over 25 Feet
$2.50 $5.00 $20.00
$2.50 $5.00 520.00
53.00 56.00 520.00
53.00 56,00 520.00
November 2nd - March 31n
52,00 $4,00 5 s.oo
Per Day Per Day Per Day
Weekdavs
Sth and 10th Street
1 n Street Parking Lot
WeekendsIHolidl\}'S
8th and 10th Street
Parking Lot
1 st Street Parking Lot
Sib 101b and 1-
, ,
Street Parking Lots
2. Rates for automobiles parking before 8:00 a,m. and after 5 p,m, shall have a flat rate of
52,00 per vehicle. inclusive of weekends. Motorcycles shaU be half-price,
3. 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 575 per year,
4.
The City Council and the City Manager may authorize agreements for beach parking
rates in variation to this resolution, '
I
Any disabled person or disabled veteran displaying special identification license
plates issued under California Vehicle Code Section 5007 or a 4istinguishing placard
issued under California Vehicle Code Section 22511.55 or 22511.59 shall be allowed to
park in the First, Eighth and Tenth Street ocean front Municipal Parking Lots
without being required to pay any parking fees.
6. 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,
5,
Beach rates fluctuate seasonally and may vary with times of the day. In no event shall the rates exceed
56.00 per automobile.
D. Citation Si!!n-olr
The foUowing fee is charged for a citation sign-off............................................................,5 20,00
E. Fin!!erorints
The foUowing fee is charged for fingerprint cards:
Resident ................................................................................................................,5 10,00
Non-resident ....................................... ...........................,.......................................5 20.00
I
F. Parkin!! Sticken
The foUowing fees are charged for annual parking permits,
Resident .................................................................................................................5 10,00
Guest ................................................,...................................................,.......,....." ,5 14.00
Business ............,...............................,...........,....................................................,...5 40,00
NOTE:
Permits are issued each .fiscal year (July 1st through June 30th) and are Dot
prorated.
Ordinance
Number /f.,z.1.
I
G. Passoort Release
The following fee is charged for 8 letter attesting to an individuals lack of criminal contact with the Seal
Beach Police Department, for the purpose of obtaining a passport............... ........, ,.... ,$ 20,00
B. Photol!ranhs
The following fee is charged for copies of photos of accident scenes: $ 25.00 plus actual cost for
reprints, '
L Trame Collision Renorts
The following fee is charged for a copy of all investigative reports performed on traffic collisions.
Non-resident..............,.... ,............,.........,...,.......,........ ,..,...,.....,...,.............,.$40,00
Resident..,..,...,..........,..,...,...,.............,.............,......., ,....................,........,.;.,$1 0.00
Misce1laneous Police Reports ....,..........,..,.......................,............,...........".$ 10,00
J. Vehicle Release
The following fee is charged for a signed copy ofa vehicle storage release form........,........$ 15,00
SECTION S. Public Works Department
A. Soecial Trash Removal
1. A fee ofs 27.50 is charged for special refuse collection of heavy items including but not
limited to: remgerators, televisions, stoves, washing machines and sofas,
2. A fee of$ 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 offour
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,
I
B. Subdivision Fees
1. Tentative ~s
For tentative subdivision map processing, 8 $600 fee plus:
(a) $50 fee for the first five parcels, lots or units; plus
(b) $20 fee for each additional parcel lot or unit,
(c) If additional parcels, 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 112
of the original fee shall be paid for processing the revised map.
(d) For environmental assessment of the tentative subdivision map, see Section 4.B.
(e) All above fees must be paid upon submittal of the tentative map,
(f)
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
prep8llltion of environmental impact reports may be required following staffreview of
the subdivision application and required accompanying materials.
In the event the initial cash deposit is not sufficient, the sub-divider/owner shall pay the
difference between the estimated and total actual costs or, if necessary, 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,
I
'Ordinance Number /J/.z:L
2. Final Ml\ps
(a) For final subdivision map filing, a $150 fee.
(b) 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.
(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 finn,
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 w~rk,
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 determined by
the City Engineer. This initial deposit shall cover the actual costs of the construction
engineering and inspection by the City or private consultant finns of all required public
improvements and survey monumentation.
The schedule of initial deposits for construction engineering and inspection shall be as
foUows:
Estimated Cost
$1.00-$25,000
$25,000-$100,000
$100,001-$1,000,000
$1,000,001 +
Initial Deposit
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
difference between the estimated and total actual costs, or, ifnecessary, 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 wd 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 ofreview 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 of the 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,
d,
e,
1
I
.1
Ordinance Number /~~
C. Soedal Activity Reauest Aoolication Fees
All Special Activity Request Applications shall be accompanied with the appropriate Application
Fee Deposit set forth immediately below, The application fee shall be the fuU 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 Permit.
An application fee (deposit) shall be charged for Special Activity Requests per the foUowing
schedule:
I
2.
5.
6.
7.
8.
I 9.
NOTE:
I.
Activitv
Recrealion sponsored or co-sponsored
activities
Application Fee
None
Resident non-fimdraising activities
of civic or service organizations
None
3.
4.
Resident Activilies
S'25.oo
Non-resident, non-fundraising
activiti~ of civic or service
organizations
Non-resident activities
S 75,00
S 60.00
Commercial or profit-making
activities
SI40.00
5100,00
Weddings and Wedding Receptions
Activilies (2) through (8) above
serving alcoholic beverages
S 40.00 additional
Banner P1acement Activities... ......... ... ... ... ... ... .. ....,.Actual Costs - 5100,00 deposit
Application fees for certain charitable events, banner placement requests, and
otbers as determined by the Activity Events Coordinator may be waived.
D. EDI!ineerinl! and Public Works Fees
Blueprinting and Printed Materials:
Blue lines $5,00 First sheet
Blue lines S2,OO Each additional sheet
All other reproduction are actual costs incurred by the City
from a Bonded Blue printer plus a 15% administration
charlIe
Seal Beach Standard Plans 525.00 Per COllY
Constnletion:
Wod done without permit: Penalty for failure to obtain permit prior to work started shal1 be double
the total permit costs.
I
Ordinance Number 1t/.2:z.
CLASS A - ENCROACHMENT PERMITS - Engineering Division
"
Includes' , : .. .. '.
.. . ... ,..
Sidewalk, Curb and Gutter, Driveway Approach, Curb Cores, Dirt Eseavations in
Parkway, Minor Street Cuts less than 25 SF, Valuation of aU work not to eseeed 55,000 as
determined bv the Enl!ineerinl! Division.
ISSUANCE FEE $20 Each Permit
Annlication
INSPECTION: Charges for permits will be $70,00 $70 Minimum plus any
minimum charge, Work will be billed on the number of additional costs
hours emended or incurred olus the Issuance fee. incurred
PERMIT REFUND for work not done 100% Less Issuance Fee
1
CLASS B -ENCRO.\CH~NT PERMITS - Engineering Division .:' . .,
. . :. ' . ':: .. '.. , ~ ' . :.' , . ... , . " : . . ,-
Inclndes any non-class A encroachment, othen not'listed in' ailother dasSification and plan
review and ins ection for traffic lans and re orts. ... . ' ,
ISSUANCE FEE $20,00
INSPECTION: Charges for permits will be $70.00
minimum charge. Work will be billed on the number of
hours ex ended or incurred Ius the Issuance fee.
PLAN CHECK Minimum Charge for Plan Check will be
$250. Includes 2 hours of'plan check. Additional work will
be billed on the number of hours expended or incurred from
Contract Plan Checker plus 2001a for administllltion,
Additional deposits are required for applicant changes.
revisions, or additions to the plans or if more than three
Ian checks are r uired,
BOND/CASH SECURITY DEPOSIT FOR
CONSTRUCTION: 10001a of the cost of construction as
determined b the En . eerin Division
PERMIT REFUND for work not done
$70
Each Permit
lication
Minimum plus any
additional costs
incurred
Minimum plus any
additional costs
incurred
$250
10001a Construction Costs
100% Less Issuance Fee
I
CLASS C - WATER SERVICE CONNECTION - Water Division
. -,.
ISSUANCE FEE
"
INSPECTION: Charges for permits will be $200,00
minimum charge, Work will be billed on the labor,
materials, equipment expended or used plus the Issuance
fee.
$20,00 Each Permit
Aoolication
5200 Minimum plus any
additional costs
incurred
CLASS D - SEWER SERVICE CONNECl'ION '7 Wastewater ,Division
" .. ." '."-- ..
, -- " ." ~..~ . "
',' -. .. ". ' .. - . : .
ISSUANCE FEE $20,00 Each Permit
Aoolication
INSPECTION: Charges for permits 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 E - TRANSPORTATION PERMITS - Engineering Division
. .' . .
TRANSPORTATION PERMIT FEE
$16,00 Each Permit
Aoolication
I
CLASS F - STREET OBSTRUCTIONrrRASH BIN PERMITS - Engineering Division
. .
'" . .
ISSUANCE FEE $20.00 Each Permit
Aoolication
STREET OBSTRUCTIONfI'RASH BINmus issuance fee $25 Each
Ordinance Number )'~
I
CLASS G - PUBLIC lMPROVEMENTS (Tracts and Non Tracts) - Engineering Division
ISSUANCE FEE 520.00 Each Permit
Application
PLAN CHECK: 5% of improvement costs as determined 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
Dlus 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% Construction Costs
CONSTRUCTION: 100% of the cost of construction as
determined by the Engineerinll Division
CLASSH-GRADING-EngineeringDivision ", ,:,," '::':'" , '" '. '
'.
' " ., "
. ,
ISSUANCE FEE 520,00 Each Permit
Application
PLAN CHECK: Deposit for Plan Check will be 5500. 5500 Minimum Deposit
Includes 2 hours of plan check, Additional work will be
billed on the number of hours expended or costs incurred
from Contlllct 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
plan checks are required, ,
INSPECTION: Charges for permits will be 5140.00 5140 Minimum plus any
minimum charge, Work will be billed on the number of additional costs
hours expended or incurred plus the Issuance fee. incurred
I
CLASS I - FIRE FLOW TEST- Water Division
ISSUANCE FEE 520,00 Each Permit
Application
INSPECTION: Charges for permits will be 5175,00 5175 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 J - HYDRANT WATER METER.- Water Division . .
. , " '. "
ISSUANCE FEE 520,00 Each Permit
ADDlication
DEPOSIT: Water shall be billed against deposit. 2) if cash 5600 Minimum deposit
balance drops below 5500, and additional deposit will be
I reauired,
MINIMUM CHARGE: to cover the labor, materials, 5125 Minimum charge per
equipment expended or used per move or location plus the location or move
Issuance fee,
I
CLASS K - EMERGENCY OR NON WORKING HOUR CALL OUTS - Public Works
Department-alldivisioDl, ;"~" ,',::':"., "..,...., .. .',' ' .
" -.... .'.. ..
ISSUANCE FEE
520,00
Each Permit
ADDlication
Time and Materials
CALLOUT FEE: Labor, Materials, and Equipment at one
and one half the rate plus 15% administration, Minimum 2
hours Labor.
Actual
Costs
Ordinance Number
/1.2.;t
CLASS L - TREES -Landscape Division*
*S~ Citv of Seal Beach Street Policv for I!uideline 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 criterii in the Street Tree Policy, Minimum 2
hours Labor,
UPGRADE TREE FEE: Material difference between Material Difference
desired size and cost of a 1 5 Rallon tree,
SECTIO~ 6. Recreation Department
I
A. Communitv Center Facilities
1. Classification and Fees
a. Resident groups shall be those having at least sixty (60010) percent of their active
membership residing within the City of Seal Beach. Resident groups have preference
over non-resident groups,
b. Priority ..Em
I. Recreation sponsored or co-sponsored
activities
Lg, Sm.
Room Room
None None
None None
SIS.OOlhour S8,OOlhour
SIS.OOlhour S8,OOlhour
S30,OOlhour SIS,OOlhour I
S3S.001hour S20,OOlhour
$40,OOlhour S20,OOlhour
S90.001hour S2S,OOlhour
SSOO/six (6) hours
S600/six (6) hours
2, Resident non-fimdraising activities
of civic or service organizations
3. Resident Activities
4. Resident fundraising activities of
civic or service organizations
S. Non-resident, non-fundraising
activities of civic or service
organizations
6, Non-resident fundraising activities
of civic or service organization
7. Non-resident activities
8, Commercial or profit-making activities
9. Weddi,ngs and Wedding Receptions Resident
10. Weddings and Wedding Receptions. Non-Resident
11. Activities (2) through (8) above
serving alcoholic beverages
S2S.001hour additional
B. Senior Center Rental Fees
1. Classifications and Fees
a.
Resident groups shall be those having at least sixty (60010) of their active
membership residing within the City of Seal Beach, Resident groups have
preference over non-resident groups,
Requests for waiver offees by a group will require City Council approval.
I
b.
c,
Priority
~
1.
Recreation sponsored or co-sponsored
activilies,
None
2.
Resident non-fund raising activities
of civic or service organizations
None
I
Ordinance Number li-?..t
3. Resident fundraising activities of
civic or service organizations $15,OOlhour
4. Non-resident non-fundraising activities
of civic or service organizations $30,OOlhour
5. Non-resident fundraising activities of
civic or service organizations $40,OOlhour
6. Activities (2) through (5) above
serving alcoholic beverages $25,oolhour additional
C. Swimminl! Pool Fees
1. Community Swimming Pool/Classification and Fees
, a.
b..
c.
I
Resident groups shall be those having at least sixty (60%) percent of their active
membership residing within the City of Seal Beach, Resident groups have
preference over non-resident groups.
d..
Recreation Swimming
Children7 years of age and under ....................................,$ .75 per session
Adults 18 years of age and over............ ... ............. ...SI.25 per session
Family Night: Regular fees for recreation swimming with a maximum
of$2.00 S 3.00 per family.
Adult Swimming
Admission by swim pass......,.........., .,. '...., .,.......... ,....S 1,25 per swim
Swimming Instruction
(I) Instruction fees for residents..................,....................................S25,OO
(2) Instruction fees fOT non-residents ...................................,......... S35.00
(3) Competitive Swimming Instruction:
For qualified members of the Seal Beach Swim Team, the fee ofS 0.75 per day
shall entitle members to participate in the scheduled competitive workouts,
Monday through Friday, each session to be approximately 1-1/2 hours. Any other
qualified person attending said competitive workouts shall pay the daily fee set
forth in Section 6,C,l,a,
2, Rental to Groups
a. One lifeguard required for groups of 30 participants or less, S 30,00 per hour
with minimum of three hours.
b, Group of~ 30 to 60 participants, $ 40,00 per hour with minimum of three
hours, and an additional $ 20.00 per hour for each increment ono 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 shall the fee be less than forty-
five dollars ($45.00) per hour with a minimum of ninety dollars (S9O.oo),
D. Recreation Prol!ram Fees
The Recreation Director shall establish fees for the various recreation programs, These fees
sha1I be based on type of program, number of participants and instructors, officials, etc.,
required. When calculating fees, an additional 12,9"10 of the fee shall be added for administrative
costs.
I
E. Fees for Use of MuniciDal Athletic Facilities
The following rates shall be in effect for all reservations made through the Recreation
DepartmenfOffice. Resident groups may reserve up to three months in advance of their event.
Resident youth groups to consist of minimum of 25% Seal Beach residents. Youth groups are
defined as persons age 16 and under,
Ordinance Number /~
I. All community parks:
Youth Groups (resident).., ......... ......... ........, ......................., ...No Charge
Youth Groups (non-resi,lent) .............,.............................................,:, $IO.OOlhour
Adult Groups (resident) .......,...................,.................,..".."...........",.. $15,OOlhour
Adult Groups (non-resident) ,.............................................................. $25,OOlhour
Business Use .......................,.......,........,....,.......,...........'................,... $50,OOlhour
2, . Bluebell lights and field:
Youth Groups (resident) ..........................,.....................................".., $IO,OOlhour 1
Youth Groups (non-resident) ...................,............................,............. $15,OOlhour
Adult Groups (resident) .............,.....................................,.......,.....,.... S20,OOlhour
Adult Groups (non-resident) ............................................................... S30.001hour
Business Use ...................................................................................... S55,OOlhour
3. Edison softball diamond (no lights):
Youth Groups (resident) ............,.......................................................... No Charge
Youth Groups (non-resident) ..........................................................,.... SIO,OOlhour
Adult Groups (resident) ...................................................................... SI5,OOlhour
Adult Groups (non-resident) ............................................................... $20,OOlhour
Business Use ...................................................:.................................. S50,OOlhour
4, Zoeter softball diamond (no lights):
Youth Groups (resident) '................................,..................................... No Charge
Youth Groups (non-resident) ....................................................,......... $IO.OOlhour
Adult Groups (resident) .........................,............................................ S20,OOlhour
Adult Groups (non-resident) ......,........................................................ S30,OOlhour
Business Use .............,........................................................................ S50,OOlhour
Zoeter softball diamond (with lights):
Youth Groups (resident) ..................................................................... S20.001hour
Youth Groups (non-resident) ..............................................,............... S25.001hour
Adult Groups (resident) ............................................................:........, S40.00Ihour
Adult Groups (non-resident) ............................................................... S50.001hour
Business Use ..,........,...,...........,.................................,...,...,........, ,...,.. S60,OOlhour
5.
I
6. Maintenance of Edison, College Park
or Zoeter ball diamond .................................................... S25,OO/fieldlday.
7. Rental ofBases...................................................Deposit $ 125.0 + S25.00/day
8. Gymnasium(minimum of2 consecutive hours):
Youth Groups (resident)............... .............................. ...... ....SI0.00Ihour
Youth Groups (non-resident) ...................................,.......,............,..... SI5,OOlhour
Adult Groups (resident) .,.................................................................... S20.001hour
Adult Groups (non-resident) ............................,.................................. S30,OOlhour
Business Use .'........,..,................,..........................,...,.................,..,... S50.001hour
Additional hours:
Youth ,........, ,...,...........,..., ,..,.................,.............................,..., .........., ,... SI Olhour
Adult .......................,.........................................,.........................,........... S20lhour
Business ..,...................................................................,...................,..:,... S30lhour
9. Heather and Marina Tennis Courts:
Youth Groups (resident),.., ,...,............,..................................,...,..,...,., S I O,OOlhour
Youth Groups (non-resident).............................................................. SI5,OOlhour
Adult Groups (resident) ,................,.......,....,............,........,.................".. S20lhour,
Adult Groups (non-resident) .............................'.......................,...,......'" S301hour.
Business Use .........................................................,.......................... Not Allowed.
10. Heather and Marina Tennis Courts:
Youth Groups (resident),.......,..............................,............,..,..,......... ,..." S 15lhour.
Youth Groups (non-resident) ...................................................,............., S201hour.
Adult Groups (resident) ,..,....,.......,...."...,...,................,..,......,..."...,...,... S301hour.
Adult Groups (non-resident) ........................................................,...,...." S35lhour.
Business Use ..................................................................................., Not Allowed,
I
Ordinance Numberl'~~
I
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 sha1I 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, 12.4% percent of the total.
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 Illtes and amounts for previously imposed
taxes, fees and charges is for the purpose of administrative convenience and is not intended, and shall
not be construed, as the imposition, extension, or increase of any such tax, fee or charge.
SECI10N 9. Effective Date
This Resolution shaI1 be effective upon adoption except for any agreements, contlllCts, plans and
specifications submitted to the City prior to the date of adoption,
PASSED APPROVED AND ADO
meeting thereof held on the
ouncil of the City of Seal Beach, California, at a
1997 by the following vote:
AYES: Council Mem
I Sj~W -12
StATE OF CALIFORNIA)
COUNTY OF ORANGE )SS
CITY OF SEAL BEACH )
I, Joanne M, Yea, City Clerk of the City of Seal Bea#,!!~rnia, do hereby certifY that the foregoing
Resolution is an original copy ofRe umber on file in the office of the City Clerk,
passed, approved and a ted by the it}i un 01 0 the City of Seal Beach at a regular meeting
th ~onth of l~
I
o
/~~
Ordinance Number
PROOF OF PUBLICATION
(2015,5 C,C.P,)
STATE OF'CALlFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the Cou'nty afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a newspaper
of general circulation, printed ~nd
published weekly in the City of ~
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24/75. Case Number A82583;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and en~ire
issue of said newspaper and nolln
any supplement thereof on the
following dates, to-wit:
q~
,
all in the year 19~L.
I certify (or decla't,e) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this '-\. day of <; LY'" ,19~L.
~1...,~ L'-::"UJ. "J). a ,.,.:;;:0').~~ j
~ Signature C
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
(714) 759-7726
This space for for the County Clerk's
Filing Stamp
I
Proof of publication of
....... .
....................... .
. ................
NC)TICE'OF"" '___GolICcuse
PUBLIC HEARING - 100 8 acr. gall course ptovichng
HELLMAN RANCH recre,llon ana open spael opponu-
SPECIFIC PLAN nII.e. OUl-ol-ptay areas 10 serve a.
AMENDMENT habltal zon..
RlylllW at Flnel EIR. Generel 'Ien 5 Los Alamllos Relardlng Bas.n-
Amendment.: (und U.. Element 34 7 acres of eXisting flood control
AlMndmenl..,.1; Op~ S"-alAec. relilfdlng ballln thai ~rovld.s open
_.. space. MIQlalory and shorebirds can
,..t1on/Con..,,,.llon Elemenl also uselne aaSln In winter monlhs
Amendmel1l 87.1; Bicycle Roule
Element. A.....Id......", 17.1; Houllng Devetopment. Planning Areas
EIIm8nI An...~._nt 17-2. Cin:u1lllOn 6 Rec:reallDr1lCommercl8l Asea - 1 8
EIemenI: A......dIi....nI 87.1; .xi NOI.. 1Cr8S8I1he narlhoealc:omer of Pacdic:
Elarnen\AmMUlm,",1l7.1); ....ltm.n CO_51 Highway and first Slreello
Aanch Specific Pin Amendment "'dude 16.100 squarefee1 of ViSItor.
87.1; Aedevelopment Plan Amend. s.rvlng commercial uses A 3 900
men\ '7.': R.pe.1 of S,ate bnde square toot Inlerpellve cenler would
SpeCific Plan: V..tlng Tent.llve "10 ba conSlrucled
Tr.cl M.p. No. 15381 .nd 15402; 7 Golf Course Clubhouse FaOllly-
.nd Oevetopmenl Agre.....nt. 8 7 .,res wrIhln the proposed goll
NOTICE IS HEREBY GIVEN thallhl couw 10 BW!he prq8CI god course
Oly Councd of the City 01 Seal Beach 8 SlRgle-tanuly ReSlden"al- \4 7
Will hold a publiC helllng on Monday. acres along Seal Beach Boulevard.
September Und. 1997 at7 00 p m In belw4len Ihe Police Depanmentfo
the CIly Cot.R:II Chambers, 211 ElQhrh th8 north and the Marina HIlt subdl.
Slreel. Seal Beach 10 ID1I1der the toI. VISIOn 10 the soufh, 10 Include a max-
lowing lIem ImUm of 70 homes Wllh a denslly 01
REQUEST A requalllo amend the 4 8 homes per acre .
Ger'leral Plan aoo Bdopllhe HellrTl8n 9 ElllSlIng Mlne,a1 ProducIlOnIFulure
Ranch SpecdIc Plan lM'nc:h WlI replace Development Area - 28 2 acres 01
Ihe eXlsllng General Plan land use ~a&ptldLatn1Bcllb8s CCII"lSIS1I"Q
dellgnallons and SpeahC Plan zon. of Ihe eXIsting weU proctuclIO'l areas
ing deSlgl1idlOl1s 1MItIn 1h8 bounda"Ies aIang Seal Beach Baulevard and I/I/Ith-
0I1tI8 proposed = plan The pro. In thelNarlOf of the propeny
posed Sp,afIc Ian would regulale 10 PubliC liInd Use _ 1 4 acr..ol
alland use devetopmenl on the pro-
J8d SIIe The HeI/rrlM R;tICh Specific land lhal mav be used for other pub-
PalIn area encompasses Ih8 Hellman hc land uses. located al lhe end 01
Ranch. Stale Lands propeny, !he Los Adolfo Lopez: Dflve
Aliimdos R81ard1ng Bailn. 8nd Gum In lummary Ihe oroposed Hellman
GrOVe Nature Parlt The pIOJICt area SpecIe Plan 8IlocaIeI178 5 acres rn 2
IS generaly bounded by Seal Beach percenlllo conservallon uses WhICh
EbJlevard on Ih8 eilSl Iht Manna toM include the leslored wetlands Gum
subdMSIon on Ihe ICIUIh, Pacdic CoasI Grove Nature PIWk. !he golf course and
Highway and Ihe Haynes Cooling Ihe extlMg LOs Alamllos Relardlng
Channel on Ihe well. and Ihe IsIa.,d Bastn The remaanlng 52 B acr.s (22 8
Village subdlVlslOI'Ilf1lhe City of ~. percen!) will be develOped With Single
Beach. Boeing Fatably and the eny fanHly r8&lderwat 'VtSIIOf.seMng reere.
of Seal Beach PoIa OeparImenI and 8IlOnIILtonvnet. elUS1lng I1Vl8ral pro-
DIV Yard on lhe North . . duc1Ion. lhe goll course ctubhOuse and
The Developmen1 Regulallons sec. ancillary laalll18s and publiC land uses
lIOn olahe proposed Specdlc Plan The o~osed prO\8d would (edetK'\e
would provtde gUIdance on lhe imple. MUle land uses fOr Ihe project area
menlallOn 01 each Planning Alea. 10 1he In uses dlscussecI abOve The
IncJudl'lg 1he perrmned uses, cond!o proposed land use des'9f\atlOM red
IIOflIll uses and prohltHIed uses Also In subsfanusl decreaSes In Mure res-
provtded are overaU deSIGn coneepls Idenhal developmenl on Ihe HellmiU1
and general d8S1Qn guidellnellot all Ranch In companson as 10 Ute cur.
ItIe land U1I8IIh11 could be devetoped renl proVf&lOnlli ollne General Plan or
.....,.. SpeaIc PflrI.... As shcMn Ihe currenl Hellman Ranch SpecifiC
on F~ 3-3 of the 0ndI EIR..1he pro. Plan The prOVISions of Ihe elustlng
~......., RIrIliI Sf*:lIc PI&n.. Helman Ranch Speatic Plan and Stale
cales land u... over lhe 231 3-acre Lands SpecifiC Plan allow for Ine fol-
properly no I8n (10) dIItrG Pllr'nng toWing land uses
I\rMs The Planning Areas comprise HELLMAN RANCH PROPERTY
... 151_1rd"'151_ CURRENT GENERAL AND
opmenI pIInNng ..... ..1oI1DMi SPECIFIC PLAN LAND USE
Conse.vallon ~mg Are.. DESIGNATIONS
1 SaItwa1er WeIland - 23.' IICf8lof Current General Curreflt SpecIfIC
wetlands etoIoY5\em 'MIh lidaI con- ' Plan land UsBS Plan Land Uses
nec:tIOn to the Pec:dtt Ocean. sever. . Low DenSlIy . Low DenSIty
a111C1a1 zones of biodiverSIty ReSldenll8l - Resldenual -
2. FrelhwalerWeDandl-97acrel 7f.atlft.329 16il1Cfes, 113
InCludes habllal values and dralnage lingle family smgle family
canIloI. ncorporaled 11110 gott course. homes homes
3 GmGrcMtNallnPMc-1028I:f8B . Mulllpte Family
oI8XIIII1g leased piWkIInd InciIdes an ReSIdential - 24
hdIOflC eucalyptUl grove to be dedt. acres, 660 mulll-
cMCIlOb Qyc:A SeilIBeICiI b a ~ pie family umls
bc.~ ,park and open space UIiB
I
I
I
. InduslnallOIl . 011 Producllon - Grou AcRa: 147
Ex1r8CllOn) - 25ltCres Maln'lum D.U....: 70
96 4 acres Denany D.U.'"'AC: 4 B
PublIC Land Use. Public Land UM. Commerclal Sq. Foatege:.-
. Communlly . Community Development Pllnnlng A,..:-9
Park - 26 acres PBlte - 111 acres Lind U.. o..lgnltlon: MI08nll
. Flood Cont.oI . Flood Control Produt\ION'FUlw8 ~
BasIn - 38 acre. BasIn - 35:1 ea.. Gro.s Acra.: 28 2
. Wellands- 4 1 4 . Golf Cour.. - .....lmum D.U. 's": -
acres 105 acres Denalty D.U../AC~-
PROPOSED HELLMAN RANCH Commercl.1 Sq. Focugl: -
SPECIFtc PLAN LAND USES o.vetapmlnl Planning A~": 10
ConUrvltlon Planning At..: 1 L.end u.. DnlQrmIon: Pl)bhc Land
land Us. a.slgn.lon: SBllwale, Us.
Wellands Gro.. Act.,: '.4
Gro.. Acre.: 23 1 Maximum D.U:..:-
FuncllonIChar.enltlcs' R.BlOIttd Density D.U,./AC:-
weiland. 8COIYsIem with IIdaI con. Commerclll Sq. Faotagl:-
nectJDn to Pscilre Oc&8R:. 58V81'a! TOTAL DEVE1..OPMENl AREA
Udal z~. lor b!odrveIllty. Gro.. Aer..: 52 8
Canlervatlon Pllnnlng Arw: 2 MaxImum O.U:": 70
land U.. Oe:a1gnaUon~ Freshwa\e\' DIM"" O.U.-/AC: 4.8
Wellands . Comm.cl.1 Sq. FDOI'III: 20.000
OrOll. AlCr... 9 7 TOT,t,L SPECIFIC PLAN AREA
FuncbaniChar.cterlatIca: New habI,. Gros. Ac,.,: 231 3
IiII valuGs, complement and aug. M.xlmum D.U.'.-, 70
rnenl8llOn 10 sallwaler .calySlem Den.lty D.U.-/AC: 4 8
eonUN.tlOn PllnnIng A,.., 3 Cammerdll $q faatlll': 20.000
LInd U.. O.'lgnno.,: Gum Grave Nole 0 U .. Dwelling U...
NalurePark ."
Gra.. Acre.: 102 AmendmenlS 10 Ihe General Plan &l'e
FunctlarvChar.ctlrl..: HIstOne: proposed 1a conIarm Itw ViIIIOUS GsnnI
eucaJyplUS grove 10 be dedlcaCed ID Ran IIlIn81II VIIh hi pqxJE8d HetTW1
Ihe CIIy 01 Seal Beach tar publIC park, ~.nch Specific Plan The (Jrap~.ed
Canlerv.llan PI.nnlng Ar..: 4 . =~R:;~=~
LInd U.. Designation: Hellman Plan- and lhe .Slate L.nds SpecifIC
t:A'::::~~~t Courw Plan. Amendment. 10 Ihe RlY8rtronl
F. Iledlr 81......,...PIir1......ar<<rm..pm-
uncllanlCh.r.cl.....tlc.: WIIOfII allhe RIvertranI Redel -=
Enwonmentally senSltM! god Plan and the PRJPQIlId "Helman
course. recrealKJlland preservatlQn SpeClllc PJan.
01 open space. out-o'.play areas 10
'uncllOn as habdat zones. Vesting TenlatlY8 Tracl Map (VTTM)
15381 'Mllcrealemnelalge parcels far
Can.eI'Vellan Plennlng Are.: 5 Ihe goll COUlse Ihe resld,nhBJ .,ea
LInd U.. O'''gnlllan: Loa Gum Grove Nllure Park Ih8 saIIWBle;
0::': ~mrdmg34 7 Balm weiland area. remB/Rang 'ad producllon
re . ...eas. and the remBlnlng ell)' parcel
Func1lan/Ch.rKterl.tlcl: Regional Betaw IS a summary ollhe propoSed
flood conII'oI., preseMdion at open lot tor M 53
lIP.ce ,n1grBlory .ncUhar.bIrd use S VTT 1 81
m WInter martIhs Poulble,Cllnt UN . Lot 1 011 P,aducllan 1 44 actes
tar recreallQl1 . . lot 2 StngIe Family 14 ~ acrH
Total ConMfWllon Ate.: 17' 5 Del;aehed ReSldln11Bl
Dey.Ja~1 JUennlng AJe.' B . Lot 3 PubliC P8Ik 11 07 IlCI8S
Un\IUOo llnIgnolIon: _.., \Gum Gnwe PM'}
Sti\IIna RlCI88ItOnaJ/COmrnerdll . Lal4 GaIf Coursel 11374 acres
Ora.. krel: I 8 Fl8shwal8r Wetlands
:~:::O.8:~~~; = . Len 5 Pubhc faCllllles 1 41 acres
Commerclll Sq. FoaII...: 20,000 . Lat 8 Cd ProductIon 1928 aetes
Dwelapment Pllnlllng Ar..: 7 0 la,7 011 PfocSuc11an 7 SO aetH
LInd Ule Dellgnatlon: Gall Cauru . Lot 8 SallWal., 24 59 acres
Clubhouse & F"acllllle. Wetlands
GrOll ACID: 8 7 olal 9 VlSllor Com- 2 52 acre.
M.xlmum O.U, '1-: - merC:lal/Publlc Beneld
Den.lty D.U,-/AC: - TOTAL 116 49
Commarcilll Sq. F..p: _ acre.
Developmenl PI.nnlng Are.: 8
Lalnd U.. Oe.lllInBtlon: Sngle.
F....., A..........
I
I
!'
,.
"
Resolution Number I'~~
\\ ShOuld be noled 'hat ,he ara. at ,he
poposedVTTM, 19649 acres 1!I1YJ100n.
Ii5IenI 'MIh IIW ... oIlhe Spealic Plan
The \.as A\amI\OS Ret8l'dIng SHIn "-
melueled wtIhln Ihe boundarlls allhe
prapoaed SpecifIC Aan, bullS nalsub.
ted ~ 1he propased S1b:IMsIan request.
MIIBueactyasepll'alepan:elolland
Tile second map. VTTM lSi102, will
cre.t. the Int.nor roadways and ,he
proposed relldentlalsubdMslClR This
map subdlvldeslhe 14 94 BCI' parcel
cr8B\ed by VrnA 15381 mto 70 $Ingle
family 18S1denba11ats, pnvahl roadway',
and pnvahI g...."beIIlnd access areas
A sunmary at !hi proposed reslClenlial
subdIVISIOn ia proVIded belOw
. 7OongIO __... """"'"
tmUm tot Sl18S 01 SSOO square tHt.
.7 apen space landscape lots. com-
JWtSIng 2 08 Kfes.
. Private roadwIIV sysl.m. only provId.
'"" access 10 lhe reSldemll1 subdM.
lIIDn wdh a lingle access pomI allhe
InlersedIOO 01 Seal Beach Bouleyard
and Forrestal OrNe
ENVIRONMENTAL REVIEW;
A Fine! EnWCInmlnlallmpac:l RIpClI1
tFEIR) has been prepared and II an
~1881'" Depo/1mlnlolllevlllapmenl
SeMc:e1. 2' 1 Etghlll Sneel
CODE SEcnoNS:Chdpler 28. MlcIes
26.21,21 &. and29~otlh8 ~
oIlhe CIIv of Seal Beach
APPUCANT:....1Iman ProperI18S LlC.
OWNER: Hellrnan Ptopellles LLC
Allhe aboYe Ime and place a11.,le,.
.... p&I'8ClI1S""i be heard " !IlJ desired
If you ch8Ilenge lh8 proposed adlOnS
~ COLI!'!, you may be Imded la raiSIng
onty lhase Issues you or someone else
,Blsed " the publIC hearing descnbed
In ItUI nolle.. or In wnnen carr.span.
......_.....C/{fdSeal_
011. ar pnolla, Ihe publiC heanng
DATED THIS _.... d Augu" '997
Joanne M. Yea. 01'1 Clert
Cqy of Seal Beach
PldShed n .. Seal Beach &I'l JaumaI,
_1Il7
Resolution Number /4/~~
PROOF OF PUBLICATION
(2015.5 C.C,P,)
ST,\TE O.F CA,L1FORNIA,
Counlv of Oranae
This space for for the County Clerk's
Filing Stamp
i am a citizen of Il,) Unit"d States
and a resident of the County afore-
said; I am over the age 01 eighteen
years, and not a party t::. or inter-
ested in the above-entitled maller,
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 ~
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24175. Case Number 6Q2.~;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
\oAo
all in the year 19lU-.
I
Proof of Publication of.
............................ .
............................ .
SUMMARV' ".
ORDINANCE NUMBER 1422 ,
,. DEVELOPMENT, '
AGREEMENT ,
'. HELLMAN RANl;H ' '.
Ordinance Number 1422 of the City
of Seal Beach adaptS a Development
Agreement between the CIty !lf Seal
B8ach and Hellman properties.. lLC.
~ardlng the Hellman Ranch SpecifIC
Plan. OmananeB Number 142.2 was
BQendlzed for the September 22nd,
1997 meeting. conllnued to and
"Introduced at the meeting 01 October I
20th at whICh lime 'Irsl reading was
. ""p<oved by tho '_ng vole
AVES Brown. Campbell, Forsjth..
FUnOR, Hastings _
NOES: None MoUon canied
. AL..I~... "Ordinance Number 1d4b22
will recetve second he.flng an .
con81dered for adoption at th8 regular
CIIY Council meeting of Celober 27th.
1997. Copies of Ordinance Number
1422 Bfe available from the office of
Iho QIy CIsk. QIy Hell, 211 -1IIh_
Seid _, I8Ie1ihDnO (582) 431-2527,
DA1ED1hls211hdayolOC:labor,1991
Joanne M Yea. CIty Clerk. ..
QlyolSooI Beach . :.
pubilshed In the Seal Seach Sun
10130I97, ' " '
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California,
this :)" day of 0 D-,-. ,19 ~7 .
Cl ttO-;T..,{). ".SL ~.,rl)e.~'-'O-
~ Slgna\l it;
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
. 216 Main Stl'lJet
SeAl Be:lch, CA 90740
(31 O)4~0 ,.7555
(714) 759-7725
I
I
I
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
I
I am a citizen of the United States
and a resident of the County afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a n~wspaper,
of general circulation, printed and
.published weeklv In the City of Seal
Beach, County of Orange and which
newspaper has been adjudged a
newspaper of general circulation by
the Superior Court of the County of
Orange, State of California, under the
date of 2/24/75. Case Number Aea~;
that the notice of which the annexed
is a printed copy (set in type not
smaller than nonpareil), has been
published in each regular and entire
issue of said newspaper and not in
any supplement thereof on the
following dates, to-wit:
. .\~~
all In the year 19J1L.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, California.
this l day of \u..,f, , 19 97 .
4'.~"'~g~:~~,.o{l~
I
PUBLICATION PROCESSED BY:
TH.E SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(310)430-7555
(714) 759-7726
Resolution Number~
This space for fo'r the County Clerk's,
FIling Stamp
Proof of Publication of
............................ .
............................ .
:;'I~ ,t- .~};'i-SUMMAR'( .,.,.}'~\T;;Y;~::''''J
..~ . ".... '...,......~....'~:l
f..' ,ORDINANCE,NUMBER;1422'~
;'1" ~:j.;~ DEVELOPMENT':: 'r' I' -;>>
"",..,', ,~"""'AGREEMENT "~,,,!.:"'i=I;,~-
'~~. . ~ '" , ~'~~ 1-, d
,'t=:t ::.r:t:fELLMAN RANCH';':'(;:" ~.
.;"p . -I ,.... ..~.~..'... " _ "li,'\. ,i...\
r~ Ordlna~NlHI1b8r~1422'0t'lhe.Clty~
p'Of Seal Bl!:ac~ adoRts a D8Y8loP.rlllinl~'
'" AUl1t8menr I:i~en:lhe CfIY~otseaJ'J
1 Be~'"and.Hellm.n Prdpertlesl'-lLC. ~
':~!I..~.g8rd'~th8!t:t.llmart:ij.nchl'
C ......"c Plan Pro...... Number 1422
~recelV8d .econd ~Ing at Iha " Jar:.
.ClIvCoonCR m"lii1g'orOc'Ob~h I"
"llll;'!!!q.....~"Ylhefol9W"1i
rVOl..~ .f11':f~ :>~'.i}~l~ :.,' ....1,.,....\
AYES:B~"Cam' .0'/- :I.';.......~t'-
".:i ,\'". .'Fulton~"'" _1$8U, F".ylhe.-,,;:
~NOES; None'~:f'~it~-G,!.:~ :Wi.'':'~,~t..
i~I!S~W;:~I!!!!~g!\~~~ ~rned'~'
i~'~P....r:Dr~,",ance NUmber"'422~'
..e__'heolllCO'ofIheOIy'
(;/efII',CIl~HBII"21.';:BthSlleBl 5..,-
\arp~;. '1! ~~~.l5!'~)'431i2~P;".:.;
~D,\Tl1'!, - ~ <lWoI,Ol;Ia!>sr;:\OB7' 1
l-!or.IM~Y80.~.chGJ.rk':~~:'~' l":;:~
'PI ~18eI'.eeCkT~":'" "..... :",'
I ~ . ~" .."'~~'l.', .....-,I'f,; ... "
IPlIblls '~~.:lrrlhe~S8al:B.iiclA~s;~n
!..11/P618 /", "'....f..!.....',~i ,t, .'l.'~ J
...t". 'I", I"lil=-.~ '-r1r~~'lol ..' .~ "..~ J'
'I
.;