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HomeMy WebLinkAboutCC Res 4731 1999-08-23 RESOLUTION NUMBER ~13 / A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-1, REVISION # 2, APPROVING THE SITE PLAN FOR A 286,967 SQUARE FOOT COMMERCIAL SHOPPING CENTER, INCLUDING A 10,000 SQUARE FOOT OUTDOOR GARDEN CENTER, WITH PARKING, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (BIXBY OLD RANCH TOWNE CENTER) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Site Plan Review 98-1, Revision # 2 on August 4, 1999 and approved the project through the adoption of Planning Commission Resolution 99-26. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et aI. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final EIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR, subject to and pending further Court order. I Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ n.c and ill of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (OEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments, including this amendment. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant 10 the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. I Section 3. Pursuant 10 the August 3 Writ, the City Council held a public hearing on August 23, 1999 10 consider approving this site plan. Section 4. The record of the hearing before the Planning Commission on August 4, 1999 indicates the following: Resolution Number~i'6i.I (a) Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for approval of a revised site ptan to develop the Bixby Old Ranch Towne Center 26.045-acre commercial shopping center site located at the northeast comer of Seal Beach Boulevard and St. Cloud. I (b) The proposed site plan depicts 286,967 square feet of retait commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. (c) Area A is tocated north of St. Cloud Drive on the east side of Seal Beach Boulevard. The property has approximately 1,307 feet of frontage on Seal Beach Boulevard, and is approximately 975 feet in depth. (d) Surrounding land uses and zoning are as follows: NORTH Bixby Village residential development in the Residentiat Medium Density (RMD) Zone. SOUTH Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. EAST Bixby Village residentiat development in the Residential Medium Density (RMD) Zone and Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. I WEST across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beseh. (e) The site plan is consistent with the General Plan, which designated the property for commercial uses. (t) The "Mitigation Monitoring Program" adopted in connection with the EIR establishes a number of specific setion measures which have been proposed to reduce the identified environmental impacts to a level of insignificance in relation to the project. To further mitigate potential environmental impsets, and to respond to concerns raised by the public, both the project and the subject site plan were revised by the City Council, inter alia, as follows: . · The proposed shopping center has been shifted northward, north of St Cloud, to preserve more eucalyptus trees and to reduce "cut through" traffic through the community of Ross moor; . The proposed church use to the north has been replaced with 75 residential homes, to reduce traffic, noise and congestion; and I · A proposed gas station mini-market use on a one-sere site that was initiBlIy proposed for the commercial shopping center has been eliminated and is no longer part of the project. (g) The proposed shopping center site plan, as revised, complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. (h) Required adherence to applicable buitding and fire codes, along with those mitigation measures related to utilities and water, will ensure there will be adequate water supply and utifities for the proposed use. Resolution Number~ Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the City Council hereby adopts the findings of the Planning Commission and makes the following findings: (a) Site Plan Review 98-1 Revision # 2, is consistent with the provisions of the Land Use Element of the City's General Plan, as amended by the City Council concurrently with this request, which provides a "general commercial" designation for the subject property and permits the proposed shopping center subject io approval of a "Site Plan Review", and the issuance of other appropriate discretionary land use entitlements (e.g., conditional use permits, height variations, planned sign program, etc.). The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements were also amended by the City Council to be consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. I (b) The proposed style, height and bulk of the proposed shopping center is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. Similar development standards regarding building height and landscaping will apply to any future development in the adjacent shopping center. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The subject shopping center devetopment and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those Brchitectural features previously approved for height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topogrBphy and location to meet the needs of the proposed use of the property. (c) Subject to the proposed conditions ofapproval, the proposed use of the property as a shopping center as approved herein will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time that would be in addition to those imposed by the Environmental Impact Report. I Section 6. Any prior versions of a site plan for the subject property are superseded by Site Plan Review 98-1 Revision # 2. The Site Plan prepared by Nadet Architects, Inc., dated July 26, 1999 is hereby approved. Section 7. Based upon the foregoing, the City Council hereby approves Site Plan Review 98-1, Revision # 2, subject to the following conditions: 1. Site Plan Review 98-1, Revision # 2, is approved for a maximum of 286,967 square feet of retail commercial floor area separated into numerous building pads, including an outdoor nursery service area of approximately 10,000 square feet attached to one of those retait sites, approximately 1,564 parking spaces, and landscaping on property located on the east side of Seal Beach Boulevard, north of St. Cloud Drive, at Bixby Old Ranch Towne Center (Tentative Tract Map No. 15767), as set forth on the "Site Plan", prepared by Nadel Architects Inc., dated July 26, 1999. I 2. The applicant shall comply with the provisions of the applicable Mitigation Measures as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR, as set forth in "Exhibit A", attached hereto and made a part hereof. 3. This Site Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fonn has been signed by the applicant in the presence Re~olution Number~~~ of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 4. A modification of this Site Plan Review shall be obtained when: o The shopping center proposes to modify any of its current conditions of approval. I o There is a substantial change in the mode or character of operations of die shopping center. 5. The Planning Commission reserves the right to revoke or modify this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 6. In the event staff determines that security problems exist on the site, the conditions of this Site Plan Review may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 7. All business establishments shall have a public telephone listing. I 8. All business establishments shall comply with Section 130, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Shoutd complaints be received regarding noise generated by a business establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the nO,ise level to comply with the provisions of Chapter 130. 9. Litter and trash receptacles shall be located at convenient locations inside and outside all business establishments. Operators of such business establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or gtass botttes outside any business establishment between the hours of 10:00 p.m. and 7:00 a.m. 10. The Planning Commission reserves the right to revoke o~ modify this Site Plan Review pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 11. Property line walls adjacent to the proposed residential/park development adjoining the subject property to the north and east shall have a minimum 8-foot solid masonry or concrete block wall provided. Said wall may not exceed 10 feet in height. I 12. LoBding dock areas shall not be utilized between the hours of 2:00 a.m. and 6:00 a.m. prior to the issuance of a Certificate of Occupancy for the fIrst residential unit as identified as Development Area 0 in the Bixby Old Ranch Towne Center Em, and between 10:00 p.m. and 6:00 a.m. thereafter. 13. This Site Plan Review shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. Resolution Numbert.!1ca/ PASSED, APPROVED AND ADOPTED by the Ci~Cil of the City of Seal Beach at a ti g thereo held on the 11 ~ _ day of , 1999, by the following vote: AYES: Councilmembers NOES: Council members ABSENT: Council members I r Mayor STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yeo, City Clerk of Seal Beach, California, do Z1l1 certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by ~ Council of the Oty of ~P"""" """""" _bdd 00 1he flit'_..., of , 1999. I I I I I Re~olu~ion Number~i'~ "EXIllBIT A" 1. The applicant shall comply with the provisions of the following Mitigation Measures as adopted by the City Council in certifYing the Bixby Old Ranch Towne Center EIR: The mitigation measures relevant to the requested development are set foqh below (92 mitigation measures): Land Use: MitiWltion Measure A-I: Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to etiminate 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 fmal subdivision maps or ptot ptans. MitiWltion Measure A-2: Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D and E) shall include perimeter landscaping and building setbacks to insure compatibility with the Scenic Highways Element of the City Generat Plan. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with the approval offinal subdivision maps or plot plans. Mitigation Measure A-3. Detailed development plans for Development Area A shall be submitted for review and Bpproval by the Director of Development Services to insure that no more than 20% of commercial space is devoted to restBurants. Geology: Miti2ation Measure C-I: 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 infonnation and be in a fonn as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7-1-819. Project proponent shall reimburse City costs of independent third-party peer review of said geotechnicat report. Miti2ation Measure C-2: The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site-specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site-specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project proponent shall reimburse City costs of independent third-party peer review of said site- specific reports. Mitil!:ation Measure 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 differential compaction. Mitigation Measure C-4: Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. Resolution Number t/1d1 Mitigation Measure C-5: In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 10 1 (horiwntaJlo vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered 10 throughout the entire duration of project earthwork. Mitil!ation Measure 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. I Mitil!ation Measure C-7: Permanent cut and fill slopes shall not exceed 2 10 1 (horiwntaJlo vertical). Mitil!ation Measure 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 pennits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. Mitigation Measure C-9: Conformance with the latest Uniform Building Code and City Ordinances can be expected 10 satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building pennits in order 10 insure that overexcav!ltion of soft, broken rock and clayey soils within sheared wnes will be required where development is planned. Mitil!ation Measure C-IO: The potential on-site liquefaction hazard shall be mitigated by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. Water/Drainage: I Mitigation Measure 0-1. The capacity of the Old Ranch Retarding Basin will be increased to 87.6 acre feet at elevation 12 so that the peak flow exiting the Retarding Basin will be no greater than the pre-project condition thereby eliminating the increase of runoff due to the increase of impervious area. Mitigation Measure 0-2. The runoff from the 10-acre area at the northwest comer of the project shall be diverted 10 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. MitilZation Measure 0-3. Additional capacity in the Old Ranch Retarding Basin to 100 acre feet at elevation 12 will be provided as a mitigation from the impact of drainage from future upstream development. This increase will be approximately 13 percent over the required holding capacity based upon Mitigation Measures 0-1 and 0-2 above. Mitil!ation Measure 0-4: The inlet capacity of on-site caleh basins will be constructed a minimum of 25% larger than that required by the City Engineer in order 10 reduce the potential for debris blockage during major slorms. MitilZation Measure 0-5: The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used 10 conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. I Mitil!ation Measure 0-6: The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but Reso'lution Number 4/~/ not limited 10, 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 NPDFS. I Mitigation Measure 0-7: Prior 10 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 shalt describe the existing drainage nel.work, existing capacity, pre-and post-project runoff volumes, and any necessary improvements 10 accommodate proposed project runoff volumes. Mitigation Measure D-8: Prior 10 final design, a comprehensive Warer Quality Management Plan (WQMP) shall be prepared by a registeml civil engineer or a registeml professional hydrologist 10 protect water resources from impacts due 10 UIban conlaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Warer Quality Control Board, Orange County, and the Oty of Seal Beach 10 insure compliance with applicable NPDFS pennit requirements. The Plan shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in Countywide NPDFS Drainage Area Management Plan. Mitil!:ation Measure D-IO: All project drainage facilities shall be kept free from vegetation and debris that causes any runoff 10 become impounded for more than five days. Air Quality: I Mitilmtion Measure E-l: Prior 10 the issuance of initial grading or building pennits, the applicant shall obtain approval of an Air Quality Mitigation Ptan by the Director of Development Services. The Plan shall address each applicable control measure from the ] 997 Air Quality Management Plan as listed below in order 10 detennine which control measures are feasible, recommend imptementation conditions, and establish methods of applying conditions 10 contractors, buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of an independent third party peer review of this Plan. TransportatiOlllCircu/ation MitilZation MPJlOI're F-]: Prior to the application of each building pennit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval oflhe Director of Public Works fur the "fair share" costs of highway improvements attributed to the proposed project. MitilZation Measure F-2: Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. I MitilZation Measure F-3. Prior to applications for building permits, the Bpplicant shall obtain Bpproval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. Biological Resources: Mitigation Measure G-l. 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. Resolution Numbertl131 , Mitigation Measure G-2. International Society of Arboriculture (ISA) pruning standards shall be followed on all trees. GenerBl pruning guidetines including specifications for making correct pruning cuts, brllllch selection for different purposes, and topping, as provided by the arborist, shall be followed. Mitil!:ation Measure G-3. After project construction, trees that have been topped in the past shall undergo reconstructive pruning to improve tree structure IIIId reduce hazards. Mitigation Measure G-4. All contractors, subcontractors, equipment operators, etc. shall be informed concerning tree preservation standards and procedures. Tree protection guidelines IIIId procedures shall be incorporated into all construction and grading agreements. The project arborist IIIId job superintendent shall oversee all tree protection requirements. I Mitil!:ation Measure G-5. Prior to IIIIY construction activity, tree protection zones shall be del ineated for all trees to be preserved. The protection zone will be either: I) five feet from the outside of the dripline of the tree canopy or 2) one foot radius from the trunk for every I-inch of truck diameter, whichever is greater.. If construction activity is plllllned within any tree protection zone, a case-by-case evaluation will be made by an ISA Certified Arborist. Mitil!ation Measure G-6. Prior to any grading or construction activity, a 4-foot high protective fence consisting of chain-link wire or fluorescent webbing attached to steel line posts shal1 be constructed around the protection zone of all preserved trees. Laminated "tree protection zone - no construction activity" signs will.be attached to the fence. This fence is to remain in place throughout the construction period. Mitil!:ation Measure G-7. If contact with the tree crown is unavoidable IIIId tree damage will occur, as ISA Certified Arborist shall prune the conflicting branch(es) using ISA stlllldards. Where trenching is necessary in areas that contain tree roots, tree roots shall be pruned using a Dosko root pruner or equivalent. All cuts shall minimize ripping, tearing, and fracturing of the root system of the impacted tree. The trench shall be made no deeper than the depth of grading or trenching necessary. I Mitigation Measure G-S. In order to avoid draining or leaking equipment fluids near preserved trees, fluids such as: gasoline, diesel, oils, hydraulics, paint, brake and transmission fluids and glycot (anti-freeze) shal1 be disposed of properly. Construction equipment shall be parked Bt least 50 feet away from existing trees to avoid the possibility of leakage of equipment fluids into the soil. Mitil!:ation Measure G-9. In areas affected by grading or excessive construction dust, the tops IIIId undersides of foliage will be washed with a strong water stream every two weeks in morning hours before t 0:00 a.m. to control mite and insect populations. Mitigation Measure G-IO. If irrigation systems or schedules or drainage/runoff patterns are changed by construction activities, an assessment of irrigation needs shall be conducted to protect the health of the trees to be preserved. This may require the installation of a temporary irrigation system or mobile watering by a water truck. I Mitil!:ation Measure G-t\. All trees to be removed shall be clearly marked at the bas~ of the trunk IIIId at 4 'h feet above ground to avoid removal of the wrong tree. Mitigation Measure G-12. All major tree trimming shall be scheduled so as to not disturb birds-of-prey during nesting periods and Monarch R~solution Number .t/t.:tl Butterfly overwintering as well as to prevent infestation by the Eucalyptus Long-horn Borer. All major tree trimming shall be completed by October 31 in order to Bvoid infestation by the Eucalyptus Long-homed Borer, the nesting season for birds-of-prey, and Monarch Butterfly clustering. I Mitigation Measure G-13: All mature trees lost as a result of project development shall be replaced pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24-inch box trees; and b) non-eucalyptus: 2 to I using 36-inch box specimens. . Mitigation Measure G-]4: All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito breeding. These water bodies shall also be stocked with mosquito fish. Mitil!ation Measure G-15: Grass clippings shall either be removed from the site or composted in a manner that does not breed flies. Mitil!ation Measure G-]6: All structures shall be constructed in a manner to exclude rats from gaining "indoor access". Mitil!ation Measure G-17: All landscaping shall be open and skirted as necessary to exctude rats from nesting in enclosed thickets of vegetation. Energy: I Mitigation Measure H-I: 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. Mitigation Measure 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. Mitigation Measure H-3: Building energy conservation will be largely achieved by compliance with Titles 20 and 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Section 2-5452(i) and G) address pipe insulation requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(t) and 160](b) are Appliance Efficiency Standards. I Mitigation Measure 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 Bdvantage of the sun, providing adequate roof overhangs, making sure that walls are properly insutated, and installing simple heat storage systems. Mitigation Measure H-5. Electric vehicle charging facilities shall be provided for a minimum of two vehicles and a maximum offour vehicles. Noise: Resolution Number t./U/ Mitigation M""OIlreJ-I: 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 8:00AM to 5:00 PM on Monday through Friday. Mitigation MeasureJ-2: All noise sensitive land uses shall be sound attenuated I 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 tiving 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 disaetion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval. The report shall desaibe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfY "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Director of DeveI!Jpment 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 I baniers must be shown on the projects plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, fietd 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. Mitigation M""<I're 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: a) commercial- 50 CNEL; b) hotel-45 CNEL; c) senior assisted living - 45 CNEL; and d) Residential-45 CNEL. Notwithstanding any land use characterizations, all sensitive land use receptors (including the senior assisted living, Alzheimer's care/skilled nursing facility) shall I be sound attenuated against present and projected noise levels, which shall be the sum of all noise impacting the projes:t, so as not to exceed an exterior noise standard of65 CNEL in outdoor living areas and an interior noise 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 applicabte 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 Res6;L~tion Numbe#1~/ 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 applicabte design standards. I Miti~tionM"""'reJ-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 disctosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levets above State and City standards or policies for noise sensitive land uses. Such notification shall be in language approved by the Director of Development Services and shaI1 be fonna1ized 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 overf1ights, and that in the event the Los A1amitos AFRC is activated for use as a Disaster Support Area, noise levels could significant1y increase for an unknown period of time due to increases in airtietd 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 Conn to the City Cterk within three working days after the close of escrow. Public Services: I Mitilzation Measure K-l. Prior to finat approval of a vested tentative tract! parcel map the project applicant shall enter into a Development Agreement with the City of Seal Beach. Said agreement shall establish, if required, any payment of the project's fair-share contribution to offset project impacts on public facilities and services including the need for additional law enforcement and fire protection facilities and staffing. Mitigation Measure K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveil1ance for patrol officers, and provision of alann systems. MitiP'~tion Measure K- 3: All new structures shall provide roofing materials of a Class B roofmg assembly or beller. Mitil!ation Measure K-4: All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the City of Seal Beach. I Mitigation M.....ure K-5: All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. MitiP'~tion M"".ure K-6: All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. MitiP'ation M"".ure K-7: The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the SIa1e are set at $1.93 per square foot of asse''Illhle space for residential construction and $0.31 per square foot for commercial/industrial projects. Resolution Number 41EI Utilities/Service Systems: Mitie~tinn Measure L-l: All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach Engineering Department for review and approval prior to project construction. Mitig~tion Measure L-2: The project applicant shall be required to pay their I ~fair-share" cost for improvement of any off-site water facilities necessary to serve the proposed project. Mitigation Measure 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. MitilZationMeasurelA: 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. Mitigation Measure L-5: The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. Mitil!ation Measure 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. I Mitil!:ation Measure L-8: The project applicant shall be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. Mitir~tion Measure L-9: Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and residential uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storilge areas for recycled material. Mitil!:ation Measure IAO: 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. MitilZation Measure L-12: Prior to issuance of a building permit, the project proponent shall complete a Master Water SbJdy for submittal to the Seal Beach Public Works Department The study should assess available water resources and I improvements to the Water system required to serve the proposed project and meet fife flow demands. The specific contents of the study should be determined 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. Resolution Number LJ;7~ I Mitigation Measure L-13: Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site watei' systems. Aesthetics: I Mitigation Measure M-I: Prior to issuance of building permits 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: . I IJ 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. IJ 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. IJ 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. IJ All buildings and landscaping proposed for the site shall present a cohesive image with attention to compatible materials, building proportion, signage, and architectural styles. IJ 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 visuat impact of the project BS viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor Highlands and the 405 Freeway. IJ 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. IJ Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapet elevation. IJ Service areas shall be screened from off-site view and trBSh containers shall be enclosed using materials complimentary to the commercial buildings. Mitigation Measure M-2: Prior to submittal of fmal project plans, a photomontage showing illustrative project elevations in their proposed setting shall be prepared by the project proponent and submitted to the City's Development Services Department to illustrate how views from the Seal Beach Boulevard, the 405 Freeway northbound off-ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M-I above. I Mitigation Measure M-3: Prior to approval of final project plans, a landscape plan for common areas of the project site including street trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Services,' and the City Street Tree Division of the Parks and Recreation Department for approval after review and comment by the City Tree Preservation Committee Mitilmtion Measure 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 Resolution Number '17.3) 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. Mitil!:ation Measure M-s. A Eucalyptus Windrow Preservation Plan shall be prepared by a licensed arborist or a landscape architect and submitted to the Department of Development Services and the Street Tree Division of the Parks and Recreation Department for review and approval prior to or concurrent with tentative parceVtract maps or grading permits. Said plan shall include a long-term maintenance and financing component which shall be included in the Devetopment Agreement to be executed between the project proponent and the City of Seal Beach. I Miti~ation Measure M-6: A Eucalyptus Tree Removal Permit shall be obtained by the project proponent as required for the proposed removal of on- site eucalyptus trees with a trunk diameter greater than 12 inches prior to or concurrent with tentative parcel/tract maps or grading permits. Mitil!:ation Measure 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 (Otd Ranch Towne Center) and D to ensure privacy and screen views to and from the adjacent residential neighborhood in Los A1amitos. This shall be completed prior to the final inspection of any building within these development areas. Mitil!ation Measure M-1O: Prior to issuance of a building permit, a lighting plan for the project site specifying the location and type of all exterior light sources, including street lights, parking lot and driving range lights, shall be prepared and submitted to the Department of Development Services for approval. Mitigation Measure M-ll: Street, parking lot, and other common area lighting shall use low or high-pressure sodium units, metat halide, clean lucalox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party review of lighting plans. I Mitil!:ation Measure 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. Mitillation Measure M-13: The tandscape plan for the project shall concentrate landscaping atong the periphery of the site and in other areas to minimize impacts on adjacent uses from automobile headlights and other light sources. Mitigation Measure M-14: Commercial buitdings as well as the proposed hotel, restaurant, and senior care structures shall use minimally reflective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off-site areas, particularly the AFRC, the 405 Freeway, Seal Beach Boulevard, Lampson Avenue, and adjacent residential uses. I Mitigation Measure M-ls: Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. Mitil!ation Measure M-16: Interior parking lot landscaping shall cover no less than 5% of the parking lot areas on-site. Cui/ural Resources Repolu~ion Number~~;I I Mitigation Measure N-I. A Phase I archaeological survey shall be undertaken by an archaeologist and Native American monitor appointed by the City of Seal Beach City Council' prior to any earth moving operations. The Archaeological Advisory Committee shall review and provide comments and recommendations to the City Council regarding the proposed scope of field investigation to be completed for the Phase I survey. Such scope of work shall contain at a minimum the following: a description of the walk-over field survey methodotogy, including transect field spacing for the watk-over; a description of the subsurface field sampling plan to be utilized, consisting of test borings and minimum Ixl meter test pits; and a description of additional field investigations if cultural resources are, identified in the Phase I Investigation. Mitigation Measure N-2. Earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of the pre-grading surface elevation. If any earth rc;:moval 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 andlor Native American Monitor, who shall immediately notify the Director of Development Services. The City setected 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. I Mitigation Measure N-J. If potentially significant cultural resources are encountered during earth removal or disturbance activities, a "Test Phase", as described in the Archaeological and Historical Element of the City Generat Plan is required and shall be performed 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 Archaeologicat and Historical Element of the General Plan. The results ofthe 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. Mitill:ation Measure N-4. Project-retated 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. I Mitill:ation Measure 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. Mitill:ation Measure N-6. Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Department of Development Services shall contact the Coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code N. relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native Resolution Number 1./131 American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. Mitigation Measure N-7. If evidence of subsurface paleontologic resources is found during construction, excavation and other construction BCtivity in thBt area shall cease and the contractor shall contact the City Development Services Department. With direction from the City, a Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program. . Recreation I Mitigation Measure 0-1. Prior to final Bpproval of a vested tentative trBct map, the project applicant shall enter into a Development Agreement with the City of Seal Beach which shall specify that the project proponent will: 1. offer for dedication to the City of Seal Beach the 6.74 acre Bixby Old Ranch Tennis Club facility for pubtic recreation purposes; 2. provide an on-site joint use public/private driving range; and 3. provide a 2.5 acre improved park facility adjacent to the residentiat component of the Project. * * * * I I PROOF OF PUBLICATION (2015.5 C.C.P.) I STATE OF CALIFORNIA, Counly of Orange I '1 am a citizen of the Uniled States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled matter. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed and published weekly in the Gity 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 supplemenlthereof on the following dales, to-wit: kV(.; U fr 1<"2- all in the year 1999. I certify (or declare) under penalty of perjury that the foregoing IS true and correct. I Dated at Seal Beach, CA. this~dayof NG...JJ.''-, 1999. A~~ , Signature PUBLICATION PROCESSED I:3Y: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 Resolu~ion Number iflY This space is for the County Clerk's Filing Stamp Proof of Publication of NonCE OF PUBUC HEARING - L Conditional Use Permit 98-15 _ . Marnotl IInlof' care faallly NonCE 19 HEREBY GIVEN that In M Eucalyplus Tree Perm,t 99.1 _ eccordanc:e with the August 3. 1888 RemovaJ of euealy,prus trees W1lh- Writ of Mand.ta '..ued by the In Areas "A" and 0- (commerCial Orange County Superior Cou'\. the developmentareBS) City Council ollhe City 01 5..1 . N Beach will hold. public hearln, on . VBsllng Tentative Tract Map No Monday. Augus. 23, 1999 at:oo ~5797 - 75-101 resldenbalsUbdl_ p.m. rn the City Council Cf1ambM8. IUOn 211 Eighth Str.et. S..I Bueh. ell- ,0. CondItIOnal Use P8ImII99-5 _ Off. . "ornll 10: ~mls. alcohol sales al Say-On 1 ConSIder Revisions to the BDCbv Old A Ranch Towne Center Flnar EIR Prolect Overview: The proposed (SCH 970910m - Certification of nvxed-use project consa;ls 01 com- EIR by City Council, Adoption of mercl,!I, reSidential, recr88tlonal,~ Slatemenl 01 Overriding ConSIder. t InStitutIOnal. and open si8C8 usee alions and as prevIousty approved the City . f CounCIl in November 199 . and as 2. Reconsider: descnbed In the R8VIS8d EIR under A General Plan Amendment 98-1 _ . consIderalfon 81 part 01 this public Amendments to various elemenlt : I hearing The ErR approval W88 of the General PIEI1lo mBIntak1 con- challenged by several partie. and Slstency between the Gel'18fal Plan -I the Clly has been InslrUcled by the and the approved proIect Court to set aside. vacate. and VOId Resoluhon No 4660 approved on 1 Land lJH Element Amendment Novembet 23. 1998. certifying the 2 Open ~acelConser- Final EIR lor the project: the NotICe vallonlRecreaUon Elemenl 01 DelerminatlOI1 flied on Novem- 3 BacycIa Roule Element ber 24, 1998: and any and all 4. HouS!l19 Elemenl acllons 01 any body Ihal rely In 5. CirculatiOn Elemenl YItIoJe or., part an the alXby Ranch 8 NOise Element EIR. InckJdlng the Seal Beach Plan- a. Zone Da'1D198-1 -AmelIdmenIs nlng CommllSlon. 10 ZOning ~ap to maintain consil- The site Is approxmately 218 acres tency beIw8en the Zarw1g Map and In size The major prqect compo- the Geneml Plan. nenls are as lollows' (1) 286.987 Club S Ganeral ~uare foot retail shonplng center 1. TeMlI lIe- evelopmenl Area ~A1 (2)'04 Comman:lallC-2l1o Public . Land Use fpt 11\ room holel, 15,000 squ8!8 fe~ of .__ "A" and "S- restaurants. 160-bed I8mar USIst. 2 Development ".aas - eel lIVing facility 6 acres greenbell - General Commel'ClBl (C-2) (Development Area "a"). (3) 157- and RecreallOM-GoII (R-G) to acre reconngured private golf General Commercial (C..2) course and a private/publlc dnVtng 3 Development Area.C' - Gen- range (Development Area "C"): (4) eral eommeraal (C~ and 75-101 detached reSIdential subdlVf. Recreadon-GoII (~-G to ' stan and 2.5 acre community Aecr8abon Golf (R. " (Development Area -D"); anJ1'; 4. Development Area D - Gener- dedicatIOn oIextlStlng 8735 BDlby aI Commerc:la! (C-2) and Old Ranch TenniS crub s1l8 to CIty Recreation-Golf (R.G) to RelI- (Development Area -E"). dentlal Medium Oensity (RMD) P I M N 97 '85 Coda Seelig.,.. SecUon 28-2600 C. TentatlY8 area ap o. - - Zone Changes _ pan:aIzabon 0113 87..... com- m8l'Clal SIIe Sedlon 28-2503-2504 - Condl. banal UI8 PermllS D Tenlabv8TractMapNo 15767- Section 28-1803-Planned SJgn parcellzatJon 01 28.045-acre com- Program mercia! shoppfng center Section 28-2317(4) _ Hetght E Development AAreement - Spec- Variations Illes duties ana responslblllheS of Sectton 28-2751-2770 - Devel- City and Bixby Ranch Company to opment Agreemenl8 ensure Droied complebon and com- pllBnC8"with aD l1Ilhgalfon I'I"IIBJreS Sectk?n 7[).4 - Eucalyptus Tree and cond1I1ons Permlls _ 98-1 S. pi Chapter 21 - Subdivisions F Site Plan - lie an review for 28.045-acre shopping AppJlcanl: Btxby Ranch Company cenlet development - f<IIchell DevelOpment Company G. Conditional Use Permit 98-18 _ M8moU Senior LMng S8MC81 drlV8-through Window and 24.hoUl Owner: Bixby Ranch Company - operatlOM fOr proposed drug store Kitchell Development COmpany WlIhln 28.045-acre shopping can- Manloll Senior UvIng Servfces ter Ai the abovellrne and place all Inter- H Conditional Use Permit 98-17 - esled persons may be heard,1t so home cente, and OuldOOf garden desued 11 you challenge the prtlP.Osed center actions In court, you may bllliniled to r81S1ng only thOI8 ISSUes you or s0ma- l. SIIe Plan R~ 98-2 ;-: freeway one else raised .11he publiC hearing Identlficllllon 8lgn. descnbed in this nobce, or In written J Height Vertation 98-5 _ an:t"lec. correspondence deltvared 10 the City , . ItnI fealures abov8 35-foot height of Seat Be8ch at, or prior to, 1he pub- , IImR ,. - Ie heanng. . K Planned Sign Program 98-1 - DATEDlhl19lhdayofAugusl,1999 overall shopping center sign pro- Joanne M. Yea, CIty Clerk... _' g,am . ,. 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