HomeMy WebLinkAboutCC Res 4707 1999-05-10
RESOLUTION No.11() 1
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
VESTING TENTATIVE TRACT MAP NO. 15797
(BIXBY OLD RANCH TOWNE CENTER
DEVELOPMENT PLAN, DEVELOPMENT
AREA "D'')
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE AND RESOLVE:
Section 1. On March 18, 1999, Bixby Ranch Company ("Applicant")
submitted Vesting Tentative Tract Map No. 15797 ("application") to the City of Seal Beach.
The Applicant seeks approval to subdivide a 15.64-acre parcel into 75 residential home
sites, in confonnance with the approved Bixby Old Ranch Towne Center plan.
Section 2. Pursuant to 14 Calif. Code of Regs. fi 15305 and fifi H.B of
the City's Local CEQA Guidelines, the Planning Commission determines as follows: The
application for Vesting Tentative Tract Map No. 15797 for the Bixby Old Ranch Towne
Center project is within the scope of the project analyzed in the Bixby Old Ranch Towne
Center EIR, certified by the City Council on November 23, 1998, through the adoption of
City Council Resoluti9n No. 4660. Said resolution and the Findings and Statement of
Overriding Considerations are incorporated herein by reference.
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Section 3. A duly noticed public hearing was held before the Planning
Commission on April 21, 1999 to consider the application. At the public hearing, the
Planning Commission received evidence and testimony regarding the request. The Planning
Commission recommended approval of Vesting Tentative Tract Map No. 15797, subject to
conditions, through the adoption of Planning Commission Resolution No. 99-10, on a4-1
vote, with Commissioner Hood voting "no".
Section 4. A duly noticed public hearing was held before the City
Council on May 10, 1999 to consider the application. At the public hearing, the City
Council received the report and recommendation of the Planning Commission, and received
additional evidence and testimony regarding the request.
Section 5.
The record of the hearings indicates the following:
(a) Applicant seeks to establish the following uses as part of Vesting
Tentative Tract Map No. 15797:
IJ 75 detached single-family residences on 8.462 acres;
IJ a 7.029 acre parcel for private streets, utilities, open space and community park
purposes: and
IJ 0.149 acre parcel for a community police/television studio for the City of Seal Beach
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(b) Applicant is proposing to subdivide the property in accordance
with the City Council approved General Plan Amendments and Zone Change for
implementation of the Bixby Old Ranch Towne Center project.
(c) Said Vesting Tentative Tract Map is also consistent with the
Development Agreement approved for the Bixby Old Ranch Towne Center project,
adopted by the City Council Ordinance No. 1440.
(d) Vesting Tentative Tract Map (VTfM) 15797 will create the interior
private roadways, the proposed residential subdivision, and the proposed open space and
community park areas. This map subdivides the 15.64-acre parcel into 75 single family
Resolution NUmber~
residential lots, private roadways, and private open space and community park areas. A
summary of the proposed residential subdivision is provided below:
c 75 single family residential lots, with minimum lot sizes of 4400 square feet, and an
average lot size of 4,914.73 square feet [minimum lot size of 2,500 square feet
permitted in the Residential Medium Density (RMD) Zone]
c 1 private street, utility, open space and community park lot, comprising 7.029 acres
c 1 lot, 50' x 130', for utilization by the City for a community policing/television I
studio facility
c Private roadway system, only providing access to the residential subdivision with a
single access point at the intersection of Seal Beach Boulevard and Rossmoor Center
Way.
Section 6. Based upon substantial evidence in the record of the
hearing, including the facts stated in fi 5 of this resolution, and in the environmental
documentation prepared in conjunction with this project, and pursuant to fifi 28-2600 and
28-2602 of the City's Code, the C:ity Council hereby finds:
1. Vesting Tentative Tract Map 15797 is consistent with the General Plan in that the
map would allow the construction ofa maximum of75 single family homes and a
community park area, in compliance with the land use entitlements approved
through the adoption of General Plan Amendment 98-1 Zone Change 98-1 -
Development Area p, and the adopted Development Agreement, on a 15.64-acre
parcel.
The site is physically suitable for the proposed tyPe of development, in that
residential development will be limited to that portion of the property previously
evaluated within the Bixby Old Ranch Towne Center EIR, certified by the City
Council on November 23, 1998.
2.
3.
The site is physically suitable for the proposed density of development and is
consistent with the development standards of the Residential Medium Density
Zone, District I, which would allow a density of 17.4 units per acre as compared
to 9.9 units per acre approved herein. Proposed park area is approximately 99,000
square feet (2.27 acres), approximately 73% more land dedication than required by
the provisions of the Code of the City of Seal Beach..
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4. The design of the subdivision is not likely to cause substantial environmental
damage because all mitigation measures contained in the EIR certified for this
project have been incorporated as conditions of approval and will be
implemented.
5. The design of the subdivision is not likely to cause serious public health problems
because all necessary utilities and services are available to serve the project.
6. The design of the subdivision will not conflict with easements acquired by the
public at large for access through, or use of, property within the proposed
subdivision because all easements will be adequately preserved, maintained
and/or abandoned with new easements created.
7.
The discharge of water from the subdivision into the existing Community sewer
system will not violate existing requirements prescribed by the local regional
water quality control board.
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8. Pursuant to Section 15168 of the CEQA Guidelines, an EIR has been prepared
and has been certified by the City Council, along with a Statement of Finding's
and Overriding Considerations. This subdivision is within the scope of the
certified EIR, which adequately describes the general environmental setting of the
project, its significant environmental impacts, and the alternatives, and mitigation
measures related to each significant environmental effect, and that no additional
environmental documentation is needed.
Resolution NUmber~i1~7
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NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of
Seal Beach does hereby approve Vesting Tentative Tract Map 15797, subject to the
attached conditions shown as "Exhibit N'.
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PASS APPROVED AND ADOPTED by the City Coun91 of the City of Seal
Beach at af eting thereof held on the /n ~ day of
1999, by the following vote:
ABSENT:
Councilmembers
AYES:
Councilmember
NOES:
CounciImember
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ATIE8t: );,(
~". ~
Ci lerlc
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of Seal Beach, California, du:erebY certifY that the foregoing
resolution is the original copy of Resolution Number 71') 1 on file in the office of
tho ~~ ""'...,.., by tho <>ty Coo,," .f""~ .fS<ol_
at a meeting thereof held on the //J - day of
,1999.
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Resolution Number~'-'~
"EXHIBIT A"
CONDITIONS OF APPROVAL - VTTM 15797
Conditions of approval shall be those mitigation measures relating to the residential area I
of the subject project, as determined by the City Council upon City Council approval of
the "Mitigation Monitoring Program" for the Bixby Old Ranch Towne Center
Environmental Impact Report, certified by the City Council on November 23, 1998. The
specific mitigation measures imposed as conditions of approval are set forth below, along
with additional conditions recommended by the City Engineer and the Director of
Development Services. The conditions are grouped according to the milestone to meet
for completion of the condition:
Prior to the Release of a Final MaD bv the City
1. A 10-foot wide landscape easement be established along the northerly and easterly
property lines of VTfM 15797, covering Lots 6-11, 30-32, 43-48, and 57-69. Said
landscape easement to be maintained by the subject property owner. (Department of
Development Services Condition of Approval)
2. A statement detailing the arrangements which the sub-divider proposes to make for the
operation and maintenance of common parcels and easements shall be submitted to the
Director of Development Services for review and approval. The Final Vesting Tentative
Tract Map shall not be approved by the City Council until said financial arrangement
statement has been approved. (Department of Development Services Condition of
Approval)
3. Easements are required for water and sewer lines on-site and shall be filed at the time of
the review of the Final Vesting Tract Map review. An easement shall be required
adjacent to Lots 70, 71, 72 and within Parcel 76. No street landscaping or
improvements shall be allowed over easements, unless approved by the City Engineer.
(City Engineer Condition of Approval)
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4. This project necessitates the construction of public and/or private infrastructure
improvements. Prior to the release of a final map by the City, the applicant shall
construct, or enter into an agreement and post security, in a form and amount acceptable
to the City Engineer, guaranteeing the construction of the following public and/or
private improvements, marked with "x" and listed below, in conformance with
applicable City standards and the City's Capital Improvement Policy. Items not required
in conjunction with this project are marked "nla. n (City Engineer Condition of
Approval)
X a. Street improvements including, but not limited to: pavement, curb and
gutter, medians, sidewalks, drive approaches, street lighting, signing, and
striping.
x.. b. Traffic signal systems, interconnect and other traffic control and
management devices (as required by Transportation Planning and or
Traffic Engineering).
.x. c. Stonn drain facilities as required by Development Engineering to serve the
project.
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nlA d. Subdrain facilities (as required by Building and Safety).
.x. e. Landscaping and computerized irrigation control system (for all public
streets, parks, public areas and preserved windrows).
Resolution Number 417()?
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..x f. Sewer, reclaimed and/or domestic water systems, as required by the
appropriate sewer and water districts as well as the Orange County
Fire Authority when appropriate.
..x g. Monumentation.
.JJ!A. h. Riding, hiking and bicycle trails adjacent to or through the project site.
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..x i. Undergrounding of existing overhead and proposed utility distribution lines.
JJ!A. j. Transit-related improvements depicted on the approved tentative map.
5. Prior to the release of a final map by the City, the applicant shall submit one (I) set of
computerized data of the final map which is compatible with the City ARCNIEW
system or DXF <Autocad) system in a manner acceptable to the City Engineer. Maps
should be tied to County of Orange control points (latest revision). Refer to
"Specifications for Digital Submission" as maintained by the Surveyor's Office of the
County of Orange for specific requirements of individual submittal. (City Engineer
Condition of Approval)
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6. This subdivision may include existing survey monuments which may be disturbed
through construction activities. Certain existing survey monumentation may be
deemed necessary for preservation and perpetuation subsequent to final construction
improvements associated with this project. All survey monuments deemed necessary
for perpetuation as recommended by the design Civil Engineer and approved by the
City Engineer shall be identified and shown on the final map for perpetuation. Such
survey monuments shall be preserved and referenced before construction and if
disturbed replaced after construction pursuant to Section 8771 of the Business and
Professions Code. Prior to release of a final map by the City, the applicant shall submit
to the City Engineer a statement noting whether any monuments will be disturbed.
(City Engineer Condition of Approval)
7. Prior to the release of the final map, the applicant shall provide evidence to the City
Engineer that the Orange County Fire Authority has reviewed and approved the
subdivision map, including the provision of adequate roadways, turning areas, and
emergency access points to serve the proposed development. Those drawings
identified as "Access from Area A to Area D" and "Fire Access Crash Gate",
prepared by Incledon Kirk Engineers, dated May 6, 1999 are approved by the City,
and the Orange County Fire Authority has ultimate approval authority and may
require alternate locations and designs to comply with the standard conditions of the
Fire Authority.
E/R Mitigation Measures:
H-2. The applicant will comply with guidelines provided by the Southern California Gas
Company and the Southern California Edison Company in regard to easement restriction,
construction guidelines, protection of line easements, and potential amendments to rights-of-
way in the areas of any existing easements.
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K-l. Prior to final approval of a vested tentative tractlparcel map the project applicant
shall enter into a Development Agreement with the City of Seal Beach. Said agreement
shall establish, if required, any payment of the project's fair-share contribution to offset
project impacts on public facilities and services including the need for additional law
enforcement and fire protection facilities and staffing.
L-S. The project applicant shall be required to pay their fair share cost of any off-site
wastewater transmission or treatment facilities as well as required sewer connection fees to
the City of Seal Beach.
Resolution NUmber~
Prior to the Issuance of Precise Gradinl! Permits
1. Lot 76 of Vesting Tentative Tract Map No. 15797 includes private roadway, utility
service easements, open space and recreation areas. The Final Vesting Tentative Tract
map shall create a separate Lot for the recreation area at the end of the "0" Street cul-de..
sac and said lot shall be dedicated to the City of Seal Beach as a park area.
Improvements to and maintenance of said parcel shall be the responsibility of the project
developer/homeowner's association, and said development requirements and I
responsibilities shall be set forth in the CC&R's for VITM 15797. (Department of
Development Services Condition of Approval)
2. A Final Grading Plan shall be approved prior to perfonning any work on-site not
permitted by the Rough Grading Permit (permit No. 18187). Prior to submittal for
grading plans for review, a written agreement from the Bixby Old Ranch Golf Course to
accept drainage run-ofl' or stonn water from the Tract No. 15797 shall be filed. No
stonn water or drainage shall be accepted on Seal Beach Boulevard. All stonn water
and drainage shall be captured in catch basins and conveyed through pipes to the nearest
inlet. (City Engineer Condition of Approval)
3. This subdivision will result in soil disturbance offive (5) or more acres ofland. Prior to
the issuance of preliminary or precise grading permits, the applicant shall provide the
City Engineer with evidence that a Notice ofIntent (NOl) has been filed with the State
Water Resources Control Board. Such evidence shaIl consist of a copy of the NOI
stamped by the State Water Resources Control Board or the Regional Water Quality
Control Board, or a letter from either agency stating that the NOl has been filed. (City
Engineer Condition of Approval)
4. Prior to the issuance of grading permits, the applicant shall obtain coverage under the
NPDES Statewide Industrial Stonnwater Permit for General Construction Activities
from the State Water Resources Control Board. Evidence that this requirement has been
met shall be submitted to the City Engineer. (City Engineer Condition of Approval)
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5. Prior to the issuance of any grading permit, an Erosion Control Plan will be prepared to
identifY specific measures for the control of siltation, sedimentation and other soil
materials. The Plan will be implemented during the project construction period,
consistent with subarticIe 13 ofthe County of Orange Grading and Excavation Code and
Grading Manual in a manner meeting the approval of the City Engineer. (City Engineer
Condition of Approval)
6. Prior to the issuance of grading permits (except where this condition has been met
through a previously approved grading permit), the applicant shall provide documents
disclosing all recorded easements on the subject property to the City Engineer and these
easements shall be referenced on applicable grading plans. The applicant shall produce
evidence that all utility providers with recorded easements on the subject property, have
been informed of the imminent construction activities in a fonnat meeting the approval
of the City Engineer and shall be shown on the subject grading plans. (City Engineer
Condition of Approval)
7. Hydrology and hydraulics submitted in conjunction with the grading permit shall be
reviewed by the City Engineer. Please note that the County of Orange has recently
amended their Local Drainage Manual and this project must be in confonnance with it.
(City Engineer Condition of Approval)
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EIR Mitigation Measures:
C-1. Prior to issuance of a grading permit, the project proponent shall submit a
geotechnical report to the City Engineer for approval. The report shall include the
information and be in a form as required by the Orange County Grading Manual, Section
5.4 and the Orange County Excavation and Orading Code, Section 7-1-819. Project
proponent shall reimburse City costs of independent third-party peer review of said
geotechnical report.
Resolution Number 1'7~ 7
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Prior to the Issuance of Buildinl! Permits
I. The developer shall confonn to all applicable provisions of the Code of the Citv of Seal
Beach. All requirements of the State Subdivision Map Act and the City's Subdivision
Ordinance shall be satisfied. (Department of Development Services Condition of
Approval)
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2. Building pennits for residential construction in VTTM 15797 shall not be issued by City
until City's inspectors have approved interior lath or drywall inspections. for the
commercial construction of Retail "A" Retail "B" Retail "c" and Retail "0" structures
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in Development Area A (V1TM 15767). (Department of Development Services
Condition of Approval)
3. No building pennit shall be issued for any lot within the boundaries of VITM 15797
unless and until a final subdivision tract map has been recorded. (Department of
Development Services Condition of Approval)
4. On-site water line shall be looped into the water lines provided within Tract No. 15767.
Water provided to the site shall be from the City of Seal Beach Water Department.
Connection to the system at Lampson Avenue shall be at the owner's expense. An
Emergency tie to Southern California Water District shall be provided at owner's
expense. All water and sewer connections shall be made from the street side. (City
Engineer Condition of Approval)
5. A water, sewer and hydrology study shall be perfonned. Each document shall be a stand
alone report, detailing demand, usage, calculations, and pipe sizes. Minimum storm
drain pipe size shall be I8-inches. (City Engineer Condition of Approval)
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6. Prior to the issuance of building permits, the applicant shall submit a construction
phasing plan for the subdivision to the Orange County Fire Authority, the Seal Beach
Police Department and the Director of Development Services. The plan shall
demonstrate that emergency vehicle access is adequate. (Department of Development
Services Condition of Approval)
7. Prior to the issuance of building pennits, the project developer will agree to construct
and underground, or enter into an agreement and post security guaranteeing the
construction and undergrounding of, any planned utility lines such as telephone, electric
and cable television lines, and the undergrounding of any existing telephone lines.
Design and construction shall be in accordance with plans and specifications meeting
the approval of the City Engineer. (City Engineer Condition of Approval)
8. Prior to the issuance of building permits, improvement plans for sewer lines,
connections and structures shall be the type installed in the location as specified in the
"Guidelines Requiring Separation Between Water Mains and Sanitary Sewers, Orange
County Health Department, 1980", in a manner meeting the approval of the Director of
Development Services. (Department of Development Services Condition of Approval)
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9. Prior to the issuance of building permits, the applicant shall submit for review and
approval by the Director of Development Services, water conservation measures that are
consistent with those described in "Memorandum of Understanding Regarding Urban
Water Conservation in California", as adopted by the Municipal Water District of
Orange County. (Department of Development Services Condition of Approval)
10. Prior to the issuance of building permits, the applicant shall provide evidence to the
Director of Development Services of approval by the Orange County Fire Authority that
the proposed infrastructure for fire protection services will be adequate to serve the
proposed development. (Department of Development Services Condition of Approval)
II. Prior to the storage of combustible building materials on-site, fire hydrants or equivalent
devices capable of flow in amounts approved by the Orange County Fire Authority shall
be in place and operational to meet fire flow requirements. (Department of Development
Services Condition of Approval)
Resolution Number~
EIR Mitigation Measures:
A- I. Detailed development plans for Development Areas A, B and D shall include walls,
landscaped butTers and building setbacks in order to eliminate potential conflicts with
adjacent residential and recreational uses. These detailed plans shall be submitted for
review and approval by the Director of Development Services prior to or concurrent with
approval of final subdivision maps or plot plans.
C-3. Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill
materials will be removed and replaced with compacted fill during site grading in order to
prevent seismic settlement, soil expansion, and ditTerential compaction.
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C4. Prior to the initiation of project grading in any development area, all existing utilities
will be located and either abanCloned and removed, rerouted or protected.
C-S. In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5
to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be
provided with shoring for stability and protection. OSHA safety requirements shall be
adhered to throughout the entire duration of project earthwork.
C-6. All grading procedures, including soil excavation and compaction, the placement of
backfill, and temporary excavation shall comply with City of Seal Beach standards.
C-7. Pennanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical).
C-8. Graded, but undeveloped land shall be maintained weed-free and planted with
interim landscaping within ninety (90) days of completion of grading, unless building
permits are obtained. Planting with interim landscaping shall comply with NPDES Best
Management Practices.
C-9. Confonnance with the latest Unifonn Building Code and City Ordinances will
satisfactorily mitigate the etTect of seismic groundshaking. Conformance with applicable
codes and ordinances shall occur in conjunction with the issuance of building pennits in
order to insure that over-excavation of soft, broken rock and clayey soils within sheared
zones will be required where development is planned.
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C-I0. The potential on-site liquefaction hazard shall be mitigated by removal and
recompaction of on-site alluvium soils, installation of subsurface drainage and placement of
compacted fill as required.
0-2. The runoff from the 100acre area at the northwest corner of the project shall be
diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin will be
further increased to accommodate this increase in flow to a capacity of 88.4-acre feet at
elevation 12.
0-5. The project shall reduce the impact of contaminants (oil, grease and rubber) by the
use of Best Management Practices (BMP) used to conform to the requirements of the
National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water
Act. The BMP's used will most likely be the use of oil and grease separators and/or
vegetated areas used to biologically treat the contaminated runoff.
D-7 Prior to final project design, a project specific Drainage Report shall be prepared by
a registered civil engineer in accOrdance with applicable requirements of the Orange County
Flood Control District and the City of Seal Beach. The report shall describe the existing
drainage network, existing capacity, pre-and post-project runotT volumes, and any necessary
improvements to accommodate proposed project runotTvolumes.
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D-8. Prior to the issuance of grading or building pennits, a comprehensive Water Quality
Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered
professional hydrologist to protect water resources from impacts due to urban contaminants
in surface water runoff. The plan shall be prepared in coordination with the Regional Water
Resolution Numbe~~t?~
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Quality Control Board, Orange County, and the City of Seal Beach to insure compliance
with applicable NPDES permit requirements. The Plan shall include a combination of
structural and non structural Best Management Practices (BMPs) as outlined in Countywide
NPDES Drainage Area Management Plan.
E-1. Prior to the issulince of initial grading or building permits, the applicant shall obtain
approval of an Air Quality Mitigation Plan by the Director of Development Services. The
Plan shall address each applicable control measure from the 1997 Air Quality Management
Plan as listed below in order to determine which control measures are feasible, recommend
implementation conditions, and establish methods of applying conditions to contractors,
buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of
an independent, third-party peer review of this Plan.
F-1. Prior to the application of each building permit, the applicant shall pay City
Traffic Impact fees and/or post security in a manner meeting the approval of the Director
of Public Works for the "fair share" costs of highway improvements attributed to the
proposed project.
G-1. Prior to project construction, the California Department ofFish and Game shall be
notified pursuant to California Fish and Game Code Sections 1601-1603 and the U.S.
Army Corps of Engineers in conjunction with their 404 permit process. The proposed
project shall provide all required compensation for impacts to on-site wetland habitats.
H-1. Development plans will be provided to the Southern California Gas Company and
the Southern California Edison Company as they become available in order to facilitate
engineering, design and construction of improvements necessary to provide electrical,
natural gas, and telephone services to the Bixby Old Ranch site.
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H-4. In order to conserve energy devoted to space heating and air conditioning, active and
passive solar techniques will be encouraged whenever possible within the project. Active
solar systems include the use of solar space and hot water heating for buildings, swimming
pools, etc. Passive systems involve orienting buildings properly, planting trees to take
advantage of the sun, providing adequate roof overhangs, making sure that walls are
properly insulated, and installing simple heat storage systems.
]-2. All noise sensitive land uses shall be sound attenuated against present and projected
noise, which shall be the sum of all noise impacting the project, so as not to exceed an
exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted
living units) and an interior standard of 45 dB CNEL in all habitable rooms. Evidence
prepared under the supervision of a County-certified acoustical consultant that these
standards will be satisfied in a manner consistent with applicable zoning regulations shall be
submitted as follows:
A Prior to the recordation of a final tractlparcel map or prior to the issuance of
Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be
submitted to the Director of Development Services, for approval. The report shall describe
in detail the exterior noise environment and preliminary mitigation measures. Acoustical
design features to achieve interior noise standards may be included in the report in which
case it may also satisfY "B" below.
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B. Prior to the issuance of any building permits, an acoustical analysis report
describing the acoustical design features of the structures required to satisfy the exterior and
interior noise standards shall be submitted to the Director of Development Services for
approval along with satisfactory evidence which indicates that the sound attenuation
measures specified in the approved acoustical report(s) have been incorporated into the
design of the project.
C. Prior to the issuance of any building permits, all freestanding acoustical baniers
must be shown on the project plans illustrating height, location and construction in a manner
meeting the approval ofthe Director of Development Services.
Resolution Number J/1~ 1
D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in
accordance with Title 25 regulations shall be required by the Director of Development
Services to verifY compliance with all applicable design standards.
E. The project applicant shall reimburse the City for the costs of an independent
third party peer review of this evidence.
J-3. All structures shall be sound attenuated against the combined impact of all present
and projected noise from exterior noise sources to meet the interior noise criteria as set forth
below:
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a) commercial - 50 CNEL;
b) hotel - 45 CNEL; and
c) senior assisted living - 45 CNEL.
d) residential - 45 CNEL
Not withstanding any land use characterizations, all sensitive land uses (including the
senior assisted living/Alzheimer's care/skilled nursing facility) shall be sound attenuated
against present and projected noise levels, which shall be the sum of all noise impacting the
project, so as not to exceed an exterior noise standard of 65 CNEL in outdoor living areas
and an interior standard of 45 CNEL in all habitable rooms. Prior to the issuance of any
building permits, evidence prepared under the supervision of a County-certified acoustical
consultant that these standards will be satisfied in a. manner consistent with applicable
zoning regulations shall be submitted to the Director of Development Services in the fonn
of an Acoustical Analysis Report describing in detail the exterior noise environment and the
acoustical design features required to achieve the interior noise standard and which indicate
that the sound attenuation measures specified have been incorporated into the design of the
project.
Prior to the issuance of any Certificates of Use and Occupancy, field testing in
accordance with City policies shall be required by the Director of Development Services to
verifY compliance with all applicable design standards.
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J-4. Prior to the issuance of building permits, the applicant shall agree by executing an
agreement with the Director of Development Services requiring that the applicant will
provide to each prospective buyer, renter, or lessee of noise sensitive land uses (e.g., senior
assisted care units) a written disclosure that certain buildings or units (without windows and
doors closed) and outdoor areas could be subject to noise levels above State and City
standards or policies for noise sensitive land uses. Such notification shall be included in all
initial escrow documents as well as all subsequent sales or lease documents. Such
notification shall be in language approved by the Director of Development Services and
shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded
on the title of each noise sensitive land use building site. In addition, each advertisement,
solicitation and sales brochure or other literature regarding noise sensitive land uses shall
contain the approved notification language. Notification shall also stipulate that the area is
subject to occasional overflights, and that in the event the Los A1amitos AFRC is activated
for use as a Disaster Support Area, noise levels could significantly increase for an unknown
period of time due to increases in airfield operations. The agreement shall also provide that
prior to the close of escrow with initial buyers, the written disclosure must be acknowledged
and signed by all initial buyers, their signature notarized and deposited in escrow with
instructions to the escrow holder to deliver the executed disclosure fonn to the City Clerk
within three working days after the close of escrow.
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K-3. All new structures shall provide roofing materials ofa Class B roofing assembly or
better.
K-4. All new structures shall install automatic fire sprinkler systems that meet National
Fire Protection Association Standards, in accordance with the provisions of the Code of the
City of Seal Beach.
K-7. The project proponent will pay the statutory school fee, as applicable to the project,
to the Los A1amitos Unified School District. Current capital facility rates allowed for the
Resolution Number~?~ /'
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mitigation of school impacts in the State are set at $1.72 per square foot of assessable space
for residential construction and $0.28 per square foot for commercial/industrial projects.
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.L-S. The proposed project shall comply with local and State laws requiring water
efficient plumbing fixtures in order to minimize water consumption. These laws mandate
the use ofIow volume flush toilets in all buildings; establish efficiency standards that set the
maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-confonning or
substandard plumbing fixtures; and establish pipe insulation requirements to reduce the
amount of water used before hot water reaches the fixture.
L-7. All sewer and reclaimed water lines and any related facilities shall be designed and
installed pursuant to the requirements of the City of Seal Beach and the County Sanitation
District of Orange County. Detailed improvement plans shall be prepared and submitted to
the City of Seal Beach and the County Sanitation District of Orange County for review and
approval prior to project construction.
L-IO. The project developer shall adhere to all source reduction programs for the disposal
of construction materials and solid waste required by the City of Seal Beach.
L-12. Prior to issuance of a building pennit, the project proponent shall complete a Master
Water Study for submittal to the Seal Beach Public Works Department. The study should
assess available water resources and improvements to the water system required to serve the
proposed project and meet fire flow demands. The specific contents of the study should be
detennined in coordination with the Public Works Department. The project applicant shall
reimburse the City for the costs of an independent, third party peer review of this study.
I
L-B. Based on the recommendations contained in the Master Water Study, the project
proponent shall pay a fair share of the cost required to offset project impacts on off-site
water systems.
I
M-I. Prior to issuance of building pennits for any proposed commercial, hotel, restaurant,
senior care facility, or residential uses, the project proponent shall submit project plans
(including landscape plans and illustrative elevations) to the Director of Development
Services for approval. Said plans shall reflect the following:
c All open areas not used for buildings, including but not limited to: parking lots,
service areas, walls, walkways, and courtyards shall be attractively landscaped in
accordance with landscape plans prepared by a licensed landscape architect.
c Concentrated perimeter landscaping shall be installed along Seal Beach
Boulevard, Lampson Avenue and the 405 Freeway northbound off-ramp in order
to maintain and enhance views from along these roadways.
c A fully automated irrigation system shall be included in the landscape plans for
the project and all landscaped areas should be maintained in good condition
throughout the life of the project.
c All buildings and landscaping proposed for the site shall present a cohesive
image with attention to compatible materials, building pr<1portion, signage, and
architectural styles.
c All proposed signage and identification used for buildings, parking lots, access
roadways, etc. shall comply with the sign ordinance of the City of Seal Beach.
c To the degree feasible, the bulk of buildings shall be minimized through
articulation of the building mass with offsets, stepped terraces, changes in plane,
and other such methods in order to reduce the visual impact of the project as
viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor Highlands,
and the 405 Freeway.
c Rooftop equipment shall be screened from all off-site vantage points and
mechanical equipment shall be contained within rooftop enclosures. Rooftop
screening materials shall be complimentary in material and color to the
building's exterior. Rooftop structures, unless an integral part of the building's
design, shall not exceed the maximum allowed parapet elevation.
c Service areas shall be screened from off-site view and trash containers shall be
enclosed using materials complimentary to the commercial buildings.
Resolution Number 4?tJ1
M-2. Prior to submittal of final project plans, a photomontage showing illustrative project
elevations in their proposed setting shall be prepared by the project proponent and submitted
to the City Development Services Department to illustrate how views from the Seal Beach
Boulevard, the 405 Freeway northbou~d off-ramp, Lampson Avenue, the Rossmoor
Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed
project. The photomontage shall demonstrate compliance with Mitigation Measure M-I
above.
M-3. Prior to approval of final project plans, a landscape plan for common areas of the I
project site including street trees, shall be prepared by a licensed landscape architect and
submitted to the Director of Development Services, and the City Street Tree Division of the
Parks and Recreation Department for approval, after review and comment by the City Tree
Preservation Committee. This plan shall include a 40-foot landscaped setback along the
Seal Beach Boulevard frontage containing the existing eucalyptus tree row.
M-4. An inventory and relocation plan for existing trees on-site shall be submitted to the
Development Services Department for approval prior to issuance of building permits.
Where trees cannot be relocated, the City shall require the replacement of mature trees
pursuant to the following ratios: a) eucalyptus: 4 to I using 24-inch box trees and b) non-
eucalyptus: 2 to 1 using 36-inch box specimens.
M-IO. Prior to issuance ofa building permit, a lighting plan for the project site specifying
the location and type of all exterior light sources, including street lights, parking lot and
driving range lights, shall be prepared and submitted to the Department of Development
Services for approval. The project proponent shall reimburse the City for the costs of an
independent third party review oflighting plans.
Durin!!: Proiect Construction - Prior to the Issuance of Certificates of Use and
OccuDancv
I. A copy of conditions, covenants and restrictions (CC&R's) proposed by the subdivider
shall be submitted to the Director of Development Services for review and approval.
Occupancy permits shall' not be approved by the Building Department until said
CC&R's have been approved. (Department of Development Services Condition of
Approval)
I
2. The developer shall provide mailbox facilities for each residence, subject to the approval
of the City Engineer, Director of Development Services and the Postmaster.
(Department of Development Services Condition of Approval)
3. For landscaping within the easement area adjacent to Seal Beach Boulevard, a landscape
and irrigation plan, prepared by a licensed landscape architect, shall be submitted to the
Director of Development Services for approval and a bond posted to guarantee against
any defects in plant materials and workmanship. A soils report for all planting areas
within said easement area, prepared by a qualified agricultural laboratory, shall be
submitted to the Public Works Department for approval at least 30 days prior to the
planting date. Test results shall include concentration of nitrogen, phosphorus,
potassium, ph, salinity, sodium stratus, and boron saturation extract. Additionally, an
agreement shall be executed by the developer to provide for ongoing maintenance of
landscaping and roadways within said easement area. (Department of Development
Services Condition of Approval)
I
4. Sidewalks shall be continuous from "G" Street to Seal Beach Boulevard. Sidewalks
shall be in confonnance with ADA requirements and Title 24. Handicap Access Ramps
shall be provided at each comer where sidewalks are required. (City Engineer Condition
of Approval) .
5. Sidewalks shall be provided around cul-de-sac at the park (parcel 76). (City Engineer
Condition of Approval)
6. All utilities shall be underground. (City Engineer Condition of Approval)
Resolution Number~i'~j1
7. On-site design and work shall be in accordance with the City of Seal Beach, Orange
County Flood Control District, Orange County Local Drainage Manual, and Orange
County Fire Authority requirements. (City Engineer Condition of Approval)
8. Intersection improvements shall meet Caltrans, City of Seal Beach, and OCEMA
requirements for design and safety requirements. (City Engineer Condition of Approval)
I
9. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer. (City Engineer Condition of Approval)
10. Prior to the issuance of certificates of use and occupancy, each fire hydrant shall have a
blue reflective pavement marker indicating its location on the street or drive per Orange
County Fire Authority standards. On private property, these markers are to be
maintained in good condition by the property owner. (City Engineer Condition of
Approval)
DR Mitiration Measures:
D-6. The amount of sediment movement during construction will be minimized by the
use ofNPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and
rock check dams. The construction and condition of the BMP's will be periodically
inspected during construction and repairs will be made, when necessary, as required by the
NPDES.
D-IO. All project drainage facilities shall be kept free from vegetation and debris that
causes any runofrto become impounded for more than five days.
I
0-13. All mature trees lost as a result of project development shall be replaced pursuant to
the following ratios: a) eucalyptus: 4 to I using 24-inch box trees; and b) non-eucalyptus: 2
to I using 36-inch box specimens.
J-1. Construction in areas within 500 feet of residential development shall be limited to
the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction activities
shall not be permitted in these areas on Sundays or Federal holidays. Use of heavy grading
equipment (such as impact hammers and pile drivers) shall be limited to the hours of 8:00
AM to 5:00 PM on Monday through Friday.
K-5. All water mains and hydrants shall provide required fire flows in accordance with
requirements of the Orange County Fire Authority.
K-6. All structures shall be constructed pursuant to Uniform Building Code requirements
relative to fire protection.
L-1. All water lines and related facilities shall be designed and installed pursuant to the
requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and
submitted to the City of Seal Beach, Public Works Department for review and approval
prior to project construction.
I
L-2. The project applicant shall be required to pay their "fair-share" cost for improvement
of any off-site water facilities necessary to serve the proposed project.
L-3. Automatic sprinkler systems, soil sensors or other best available technology shall be
utilized in the irrigation of the reconfigured golf course and other landscaped areas.
L-4. Mulch and other soil covers shall be utilized in all landscaped areas in order to
reduce irrigation demands and increase the water-holding capacity of the soil.
M-9. A landscaped buffer of no less than ten (10) feet shall be provided along the northern
perimeter of Development Area D,(the proposed residential site) and the eastern perimeter
of Development Areas A (Old Ranch Towne Center) and D to ensure privacy and screen
Resolution Number 41 tJ 7
views to and from the adjacent residential neighborhood in Los Alamitos. These shall be
completed prior to final inspection of any building within these development areas.
M-II. Street, parking lot, and other common area lighting shall use low or high-pressure
sodium units, metal halide, clean lucalox or other efficient lighting technology.
M-12. All outdoor lighting should be shielded, directed downward, and have sharp cut-off
qualities at property lines, in order to minimize light and glare spillover effects.
I
M-I3. The landscape plan for the project shall concentrate landscaping along the periphery
of the site and in other areas to minimize impacts on adjacent uses from automobile
headlights and other light sources.
M-15. Paved areas should be textured and large expanses of concrete or high gloss tile
should be avoided.
N-2. An archaeologist and a Native American Monitor appointed by the City of Seal
Beach City Council shall be present during earth removal or disturbance activities related to
rough grading and other excavation for foundations and utilities that extend below five feet
of the pre-grading surface elevation. If any earth removal or disturbance activities result in
the discovery of cultural resources, the project proponent's contractors shall cease all earth
removal or. disturbance activities immediately and notify the City selected archaeologist
and/or Native American Monitor, who shall immediately notify the Director of
Development Services. The City selected archaeologist will have the power to temporarily
halt or divert the excavation equipment in order to evaluate any potential cultural material.
The City selected archaeologist shall evaluate all potential cultural findings in accordance
with standard practice, the requirements of the City of Seal Beach Archaeological and
Historical Element, and other applicable regulations. Consultation with the Native
American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be
conducted.
N-3. If potentially significant cultural resources are encountered during earth removal or
disturbance activities, a "Test Phase", as described in the Archaeological and Historical
Element of the City General Plan is required and shall be perfonned by the City selected
archaeologist, and if potentially significant cultural resources are discovered, a "Research
Design document" must be prepared by the City selected archaeologist in accordance with
the provisions of the Archaeological and Historical Element of the General.Plan. The
results of the test phase investigation must be presented to the Archaeological Advisory
Committee for review and recommendation to the City Council for review and approval
prior to continuation of earth removal or disturbance activities in the impacted area of the
proposed project.
I
N-4. Project-related earth removal or disturbance activity is not authorized until such time
as the "Test Phase" research is completed and accepted by the City Council and until a
written "Authorization to Continue Earth Removal-Disturbance Activity" is issued by the
Director of Development Services to applicant for the impacted area of the proposed project.
N-5. During all "test phase" investigation activities occurring on site, the City selected
archaeologist and the Native American monitor shall be present to conduct and observe,
respectively, such "test phase" investigation activities.
N-6. Should any human bone be encountered during any earth removal or disturbance
activities, all activity shall cease immediately and the City selected archaeologist and Native
American monitor shall be immediately contacted, who shall then immediately notify the
Director of Development Services. The Director of the Department of Development
Services shall contact the ~i-oner pursuant to Section 5097.98 and 5097.99 of the Public
Resources Code relative to Native American remains. Should the Coroner detennine the
human remains to be Native American, the Native American Heritage Commission shall be
contacted pursuant to Public Resources Code Section 5097.98.
I
N-7. If evidence of subSl!rface paleontologic resources is found during construction,
excavation and other construction activity in that area shall cease and the contractor shall
Resolution Numberff~?
,
contact the City Development Services Department. With direction from the City, an
Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic
Resource Mitigation Program.
Prior to tbe Exoneration of Security
I
1. Prior to the exoneration of any security, the applicant shall submit one (I) duplicate
mylar of the final map and all public or private improvement plans, two (2) copies (one
original and one duplicate) of 3Smm microfilm of the final map, public or private
improvement plans, final structure calculations, and computer analysis, if any, for all
buildings, and the record drawings of grading, landscape, and improvement plans to, and
in a manner acceptable to, the City Engineer. The microfilm shall be in 4"x 6" jackets
with 6 frames per jacket. The computer analysis may be submitted on standard mM
compatible floppy disks. (City Engineer Condition of Approval)
2. Prior to the exoneration of any security, the applicant shall submit one (I) set of
computerized data, which is compatible with the City ARClINFO system or DXF
(Autocad) system, of the record drawings oflandscape and improvement plans to, and in
a manner acceptable to, the City Engineer. Maps should be tied to County of Orange
control points (latest revision). Refer to "Specifications for Digital Submission" as
maintained by the Surveyor's Office of the County of Orange for specific requirements
of individual submittal. When requested by the City Engineer, the applicant shall
submit one (I) set of computerized data of computer generated structural analysis and
calculations. (City Engineer Condition of Approval)
I
3. This subdivision may include existing survey monuments which may be disturbed
through construction activities and deemed necessary for preservation by the City
Engineer. If such monuments were disturbed, the applicant shall have a licensed Land
Surveyor or qualified Registered Civil Engineer re-establish any such monumentation
damaged or destroyed during construction of project and file the comer records with
the County Surveyor. Prior to the exoneration of any security evidence of such filing
shall be furnished to the City Engineer. (City Engineer Condition of Approval)
Miscellan'eous
1. The developer's contractor(s) shall provide the City with a Certificate of Insurance
evidencing a comprehensive liability insurance policy with a combined single limit of
not less than $1,000,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be perfonned under the development executed by the
Named Insured and the City, including any act or omission of employees, agents,
subcontractors, or their employees. Such certificates shall have a 30-day cancellation
notice to the City of Seal Beach. (Department of Development Services Condition of
Approval)
2. In the event that unknown wastes or underground storage tanks are discovered during
grading and/or construction which the contractor believes may involve hazardous
materials, he/she shall: '
I
A. Immediately stop all grading and/or construction work in the vicinity of the
suspected contamination.
B. Notify the project proponent and the Orange County Fire Authority.
C. Secure the area to restrict all vehicular and pedestrian access to and in the
vicinity of the suspected contamination.
D. Coordinate with the Orange County Fire Authority on needed testing of the
substance and development of recommendations on removal and disposition
of the substance.
Resolution NUmber~1t'j1
3. Excess private neighborhood park credits within the residential gated community will
not be eligible for transfer to any other area within the City. (Department of
Development Services Condition of Approval)
4. Residents of this tract shall have access to all private recreational areas located within
this tract. (City Engineer Condition of Approval)
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
I
STATE OF CALIFORNIA,
County of Orange
~ 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 al;>ove-entilled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN. a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
!:;.Orange and which newspaper has
;>been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
,~'fZ-1 L "2-;
all in the year 1999.
Proof of Publication of
...............................................
...............................................
. :.r; 'NOTIl~EOF.' -
. . . - 'PUBLIC HEARING _::
'N011CE IS HEAEBYGIVEN_'
-City Council oUh. City 01 S..I.
. Belch will hold . public h..rlng on ~
~Ma.doy, May !O,IHll, at 7:00 p.m.
In the CIty Council Chlmberl. 211.
Eighth Street. S.II'Buch"C.Uforl.
'~nl.. to c~.ld.r.th. follOWIng 1Ce1!':'
.' ~..: VESTING TENTA'nVE ,., .
~.. ".TRACT MAP 15797,f':;.:'" _'
, .:',,', BIXBYOLDRANCH . " :
. . '. ,. '.. 'TOWNE CENTER.."O\o' ..
. . ' ", . I ......u."
. R.qUllt: To 8ubdlVldti the 15,480
, acre eXISting sod farm Ide Into the fot.
'lowing IoIs and acreage 75 restdendal
1MB (1ota1 8.462 acres). a street. utlll-
ly, open sp~ and Community park
riot of 7 029 acres, and a pohce 1tB..
. bon and communilY lelevlslon s1udlo
laIo10 !~_ Thesubjacll!"'P""Y'
. Is located 10 Ihe nonh 01 Ihe lixIBllng
"OSd RanCh Golf Course with ~~
faking Se8I Beach BoUlevard." ',::' ~ l'l
f envlion.T;entBl Revl';;"': The': Ei1v~ j
ITmnmentBllm~ Report (EIR) lor 11181
t.N:r:~.s~~~~~~~ ~.i~
.Clty~COunClI:9" NoV8mbe~ 2~:;1998
i:.=:~~o~_A~:a~~:!~.o~us.~ ~;u_~~~~'l
~~ BaCt!".a; 21i9,throu~~ 2,1.15
..' '!,~pllc.n~,: .~~~ .Ranch ~J"~any._
. OWner: Same .. ~ .:.-
Allhe abciW lime arid-place a1lliuer.'
esled persons,may be heard If so
_desnd, If you challenge the proposed'
'..: actIOns In colJ!l, you may"bljIllmlted 101
nuslng only 1hb8!J Issues..you ~ 8Om~
~. one else raised lit the pubilc.heanng!
"deBcflbed;in\tt'lls'notlce. 'or in wntten4
,rcorrespondeAc8 deliVered to Ihe CIty
! at Seal Beach Hi; or prior 10. Ihe pub-~
Ilchearmg. '. - . ;,;.. .
'~9~~9-ry1!8.~~D!~.1!HK1..)
: "JoanneM Vea -'-..' r. ~.'
L' C~C1IKk'~4.-:':;'-': -.: 't.. I
t:"i. P~b1ish.d'l~ 'the Se~ Beach,su1-
04i29J99..~.....:.'" .....I:i\,r,~l::r~.;:...'
_ ._..4~' ....II-~A....a~__
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this~day of /'rt'?lv ,1999.
I
Signature
PUBLICATION PROCESSED I;3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726