HomeMy WebLinkAboutCC Res 4736 1999-08-23
RESOLUTION NUMBER $
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A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
CUP NO. 98-15, PERMITTING A THREE-
STORY AND A ONE-STORY STRUCTURE TO
HOUSE A 162-BED FACILITY (91-BED
ASSISTED LIVING FACILITY, 26-BED
ALZHEIMER'S CARE FACILITY AND A 45-
BED SKILLED NURSING FACILITY),
PARKING LOT, LANDSCAPING AND OTHER
ANCILLARY FACILITIES ON PROPERTY
LOCATED APPROXIMATELY 500 FEET EAST
OF THE SOUTHEAST CORNER OF LAMPSON
A VENUE AND SEAL BEACH BOULEVARD
(MARRIOTT BRIGHTON GARDENS
ASSISTED LIVING FACILITY)
THE CITY COUNCILOF THE CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE AND RESOLVE:
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Section I. The Planning Commission held a properly noticed public hearing
regll/"ding Conditional Use Permit 98-15 on December 9, 1998, and approved the project
through the adoption of Planning Commission Resolution 98-43. 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. .
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and ill
of the City's Local CEQA Guidelines, staff prepll/"ed an Initial Study and a Draft
Environmental Impact Report (OEIR), to study the environmental impacts arising from
the proposed Bixby Old Ranch Towne Center Devetopment 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 hell/"ing, 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 hell/"ing to consider revisions to the EIR and a statement of overriding
considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior
Court. The approvat 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.
Section 3. Pursuant to the August 3 Writ, the City Council held a public
hell/"ing on August 23, 1999 to consider approving this conditional use permit.
" -
Resolution Number J/13/e,
Section 4. The record of the Planning Commission hearing of December 9,
1998 indicates the folIowing: -
(a) On August 28, 1998, Marriott Senior Living Services (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 98-15.
(b) SpecifiCBlIy, the applicant is proposing to build a three-story and- a
one-story structure to house a 162-bed facility (91-bed assisted living facility, 26-bed I
Alzheimer's care facility and a 45-bed skilled nursing facility), parking lot, tandsCBping
and other ancillary facilities on property 10CBted approximately 500 feet east of the
southeast corner of Lampson Avenue and Seat Beach Boutevard.
(c) The subject property contains approximately 3.892 acres of net
useable area and is 10CBted approximately 500 feet east of the southellsterly corner of Seal
Beach Boulevard and Lampson Avenue.
(d) The subject property is legalIy described as Orange County
Assessor's parcel numbers 086-011-45 and 130-014-8, is currently 10CBted in the Generat
Commercial (C-2) zone, on a irregular parcel of land having approximately 811 feet of
frontage on Seal Beach Boulevard, and approximately 1,607 feet of frontage on Lampson
Avenue. The subject property atso has approximately 1,575 feet of frontage along the
north-bound 1-405 Freeway Seal Beach Boulevard off-ramp.
(e) The entire development site is 13.567 acres in area and currently is
developed with two holes of the Bixby Old Ranch Golf Course on the eastern portion of
the site, with the western portion ofthe site being vacant.
(1) Surrounding land uses and zoning are as folIows:
North - Bixby Old Ranch Golf Course in the Recreation-Golf (R-
G) Zone.
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South - 1-405 Freeway, with the Seal Beach Weapons Support
Facility 10CBted south of the Freeway, in the Public Land
UselRecreation (pLU/R) Zone.
East - approximatety 1,500 feet to the east is the Bixby Old Ranch
Tennis Club, currently in the General Commercial (C-2) zone and
proposed to be dediCBted to the City and placed in the Public Land
UselRecreation (pLU/R) Zone, based on City Council actions of
November 23, 1998.
West - currently VBcant land zoned General Commercial (C-2) and
Public Land Use (PLU), proposed to be changed to General
Commerciat (C-2) zoning, in accordance with City Council actions
on November 23, 1998. Across Seal Beach Boulevard, in the
General Commercial (C-2) and Light Industrial (M-l) zones is the
Bixby Old Ranch Office Park development, in the City of Seal
Beach.
(g) The ''Mitigation Monitoring Program" establishes a number of I
specific action measures which have been proposed to reduce the identified
environmental impacts to a level of insignifiCBnce in relation to this development
application. The applicable mitigation measures are proposed to be conditions of
approval for this project (62 mitigation measures):
(h) The proposed style, height and bulk of the proposed structure is
consistent with surrounding commercial uses, which are a proposed hotel development
and restaurant uses in the same zoning area as the subject property. Similar development
standards regarding building height and landscaping will appty to those future
Resolution Numbe~
developments. As approved by the City Council, there are sufficient mitigation measures
approved by the City Council to ensure compatibility with adjoining land uses. The
subject senior care facility and the site proposed for development exceeds all standard
development requirements of the City related to lot size, setbacks, lot coverage, off-street
parking, and tandscaping.
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Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's
Code, the City Council hereby adopts the ptanning Commission findings and makes the
following findings:
(a) Conditional Use Permit 98-15 is consistent with the provisions of
the Land Use Element of the City's Generat Plan, which provides a "general commercial"
designation for the subject property and permits senior care facilities and hospitals
subj ect to the issuance of a conditional use permit. The use is also consistent with the
remaining elements of the City's General Plan, as the policies of those elements are
consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use
is consistent with the General Plan.
(b) The proposed styte, height and bulk of the proposed structure is
consistent with surrounding commercial uses, which are a proposed hotel development
and restaurant uses in the same zoning area as the subject property. Similar development
standards regarding building height and landscaping will apply to those future
developments. As approved by the City Counci~, there are sufficient mitigation measures
approved by the City Council to ensure compatibility with adjoining land uses. The
subject senior care facility and the site proposed for development exceeds all standard
development requirements ofthe City related to lot size, setbacks, lot coverage, off-street
parking, and landscaping. Therefore, the site is adequate in size, shape, topography and
location to meet the needs of the proposed use of the property.
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(c) Subject to the proposed conditions of approval, the proposed use of
the property as a senior care facility will be compatible with surrounding uses and will
not be detrimental to the surrounding neighborhood. As the senior care facility is
sufficiently screened from adjoining uses by landscaping and the adjoining uses are a
hotel and restaurant use, and any residential uses are in excess of 1300 feet to the west
and 3200 feet to the east from the proposed senior care facility, staff is not recommending
any specific noise related conditions at this time.
(d) Required adherence to app[icable building and fire codes will
ensure there will be adequate water supply and utilities for the proposed use.
Section 6. Based upon the foregoing, the City Council hereby approves
Conditional Use Permit 98-15, subject to the following conditions:
1. CUP 98-15 is approved for a three-story and a one-story structure to house a 162-
bed facility (91-bed assisted living facility, 26-bed Alzheimer's care facility and a
45-bed skilled nursing facility), parking tot, landscaping and other ancillary
facilities on property located at the southeast comer of Lampson avenue and Seal
Beach Bou[evard at Bixby Old Ranch Towne Center (parce[ 4 ofParce[ Map 97-
165)
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2. 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 ElR:
The mitigation measures relevant to the requested development are set forth
betow (62 mitigation measures):
Land Use:
Mitigation Measure A-I: Detailed development plans for Development Areas
A, B and D shaIl include waIls, landscaped buffers and building setbacks in order to
eliminate potentiat conflicts with adjacent residential and recreational uses. These
Resolution Number '11~
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.
Mitigation 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
General Plan. These detailed plans shall be submitted for review and approval by the
Director of Development Services prior to or concurrent with the approval of final
subdivision maps or plot plans.
Geolof!\I:
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Mitil!ation Measure C-l: 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 Grading
Code, Section 7-1-819. Project proponent shall reimburse City costs of independent
third-party peer review of said geotechnical report.
Mitigation 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.
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Mitil!ation 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.
Mitil!ation Measure C-5: In excavations deeper than four feet but less than
ten feet, a slope no steeper than 1.5 to 1 (horizontal to verticat) 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.
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.
Mitil!ation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to 1
(horizontal to vertical).
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Mitil!ation Measure C-8: Graded, but undevetoped 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.
Mitil!ation Measure C-9: Conformance with the latest Uniform Building
Code and City Ordinances can be expected to satisfactorily mitigate the effect of
seismic groundshaking. Conformance with applicable codes and ordinances shall
occur in conjunction with the issuance of building permits in order to insure that
Resolution Number~~
overexcavation of soft, broken rock and clayey soils within sheared zones will be
required where development is planned.
Mitigation Measure CoIO: The potential on-site liquefaction hazard shall be
mitigated by removat and recompaction of on-site alluvium soils, installation of
subsurface drainage and placement of compacted fill as required.
Water/Dminal!e:
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Mitigation Measure 0-4: The inlet capacity of on-site catch basins will be
constructed a minimum of 25% larger than that required by the City Engineer in
order to reduce the potential for debris blockage during major storms.
Mitigation Measure 0-5: The project shall reduce the impact of contaminants
(oil, grease Bnd 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.
Mitigation Measure 0-6: The amount of sediment movement during
construction will be minimized by the use ofNPDES BMP's, inctuding, but not
limited to, sandbags, silt fences, straw bales and rock check dams. The
construction and condition of the BMP's will be periodiCBlly inspected during
construction and repairs will be made, when necessary, as required by the
NPDES.
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Miti~ation Measure 0-7: Prior to flnat project design, B project specific Drainage
Report shall be prepared by a registered civil engineer in BCCOrdance with applicable
requirements of the Orange County Flood Control District and the City of Seal Beach.
The report shall desaibe the existing drainage network, existing CBpacity, prlHII1d post-
project runoff volumes, and any necessary improvements to BCCOmmodate proposed
project runoff volumes.
Mitigation Measure 0-8: Prior to final design, a comprehensive Water Quality
Management Plan (WQMP) shall be prepared by a registered civil engineer or a
registered professional hydrologist to protect WBter resources from impacts due to wban
contaminants in surface WBter runoff. The plan shall be prepared in coordination with the
Regional Water 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 imd non-structurat Best Management Practices (BMPs) as
outlined in Countywide NPDES Drainage Area Management Plan.
Mitigation Measure D-I 0: All project drainage facilities shall be kept
free from vegetation and debris that causes any runoff to become impounded for
more than five days.
Air Oua/iN:
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Mitigation Measure E-I: Prior to the issuance of initial grading or building
permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the
Director of Development Services. The Plan shall address each applicable control
measure from the 1997 Air Quality Management Plan as listed below in order to
determine which control measures are feasible, recommend implementation conditions,
and establish methods of applying conditions to contractors, buyers, lessees, tenants and
occupants. The project applicant shall reimburse City costs of an independent third party
peer review of this Plan.
TransoorlationlOrculation
Mitil!lltionM....'!llreF-I: 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
Resolution Number 1./7No
approval of the Director of Public Works for the "fair share" costs of highway
improvements attributed to the proposed project.
Mitiltlltion 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
AccessP1an.
BioI01!ical Resources:
Mitigation Measure G-l3: All mature trees lost as a result of project
development shall be replaced pursuant to the following ratios: a) euCBlyptus: 4 to
I using 24-inch box trees; and b) non-eucalyptus: 2 to I using 36-inch box
specimens.
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Mitil!ation Measure G-14: All ornamental ponds, pools, water hazards or lakes
shall be kept free of emergent vegetation, both of which provide harborage for
mosquito breeding. These water bodies shall also be stocked with mosquito fish.
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-16: A1t structures shall be constructed in a manner to
exclude rats from gaining "indoor access".
Mitil!ation MeBsure G-17: All landsCBping shall be open and skirted as
necessary to exclude rats from nesting in enclosed thickets of vegetation.
EneTI!V:
Mitil!ation 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 electriCBl, natural gas, and telephone services
to the Bixby Old Ranch site.
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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.
Mitil!ation 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(f) and 1601(b) are Appliance Efficiency
Standards.
Mitil!:ation 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
advantage of the sun, providing adequate roof overhangs, making sure that walls
are properly insulated, and installing simple heat storage systems.
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Noise:
Resolution Number 41~
Mitillation Measure 1-1: Construction in areas within 500 feet of residential
development shall be limited to the hours of7:00 AM to 8:00 PM on Monday tIuoogh
Saturday. Construction activities shali not be pennitted 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.
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Mitigation Measure 1-2: 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 supelVision of a County<ertified
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 tract/parcel map or prior to the issuance
of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall
be submitted to the Director of Development Services, for approval. The report shall
describe in detail the exterior noise environment and preliminary mitigation measures.
Acoustical design features to BChieve'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 desaibing 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.
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C. Prior to the issuance of any building permits, all freestanding acoustical
barriers must be shown on the project 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, 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.
Mitigation Measure 1-3: 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) hoteI-45 CNEL;
c) senior assisted living - 4S CNEL; and
d) residential- 45 CNEL
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Notwithstanding any land use characterizations, all sensitive land use receptors (mcluding
the senior assisted living, Alzheimer's carelskilled nursing fucility) 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 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 applicable zoning regulations shall be submitted to the Director of
Devetopment 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.
Resolution Number~i'~
Prior to the issuance of any Certificates of Use and Occupancy, fietd testing in
accordance with City policies shall be required by the Director of Development Services
to verifY compliance with all appliCBble design standards.
Mitil.!Btion Measure 1-4: 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 1
to noise levels above State and City standards or policies for noise sensitive land uses.
Such notification shall be in tanguage approved by the Director ofDevelopment Services
and shall be funna1ized 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 sIiaIl 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 fur use as a Disaster Support Area, noise levels could
significantly inaease fur 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 funn to the City Clerk within three working days after the
close of escrow.
Public Services:
Mitilzation 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 BOd surveillance for patrol officers,
and provision of Blann systems.
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Miti2lltion Measure K-3: All new structures shall provide roofing materials of
a Class B roofing assembly or better.
Mitigation Measure K-4: All new structures shall install automatic fire
sprinkler systems that meet National Fire Protection Association Standards, in
Bccordance with the provisions of the Code of the Citv of Seal Beach.
Mitigation M"""lre K-S: All water mains and hydrants shall provide required
fire flows in Bccordance with requirements of the OrBnge County Fire Authority.
Miti2lltion Measure K-6: A1t structures shall be constructed pursuant to
Uniform Building Code requirements relative to fire protection.
Mitigation Measure K-7: The project proponent will pay the statutol}' school fee,
as appliCBbte to the project, to the Los Alamitos Unified School District. Current capital
fucility rBtes allowed fur the mitigation of school impacts in the State are set Bt $ 1.93 per
square foot of assessable space for residential construction and $0.31 per square foot fur
commercialfmdustrial projects.
Utilities/Service Svstems: .
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MitigBtion Measure 1..-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 Engineering Department for review and approval prior to project
construction.
Resolution Numberd;~.t::,
Mitil!ation Measure 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.
Mitil!lllionMeasureL-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. '
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MitigationM.....llreL-4: Mutch 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.
Mitil!lltion 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 tow 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.
Mitigation 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.
Mitigation 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.
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Mitigation Measure L-9: Concurrent with approval of site plans for proposed
commercial, hotel, restaurant, senior care and residentiat uses, detailed plans shall
be submitted delineating the number, location, and general design of solid waste
enclosures e,nd storage areas for recycled material.
Mitil!lltionM.....llreL-lO: 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.
Mitil!lllion M.....llre L-12: Prior to issuance of a building permit, the project
proponent shall comptete a Master Water Study for submittal to the Seal Beach Public
Works Department. The study shoutd 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 ofan independent third party peer review of this study.
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 water systems.
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Aesthetics:
Mitigation Measure M-l : Prior to issuance of building permits for any
proposed commercial, hotet, restaurBnt, senior care facility, or residential uses, the
project proponent shall submit project plans (inctuding 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, watkways, and courtyards shall be attractively
Resolution Number~i'~
landscaped in accordance with landscape plans prepared by a licensed
landscape architect.
lJ Concentrated .perimeter landscaping shall be installed atong Seal Beach
Boulevard, Lampson Avenue and the 405 Freeway northbound off-ramp in
order to maintain and enhance views from along these roadways.
lJ A fully automated irrigation system shall be included in the landscape plans
for the project and BII landscaped areas should be maintained in good
condition throughout the life of the project.
lJ All buildings and landscaping proposed for the site shall present a cohesive
image with attention to compatible materials, building proportion, signage,
and architectural styles.
lJ To the degree feasible, the bulk of buildings shall be minimized through
articulation of the building mass with offsets, stepped terraces, changes in
plane, and other such methods in order to reduce the visuat impact of the
project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor
Highlands and the 405 Freeway.
lJ 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 materiat and color to the
building's exterior.
lJ Rooftop structures, unless an integral part of the building's design, shall not
exceed the maximum allowed parapet elevation.
lJ Service areas shall be screened from off-site view and trash containers shall be
enclosed using materials complimentary to the commercial buildings.
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Mitillation Measure 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'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 A1amitos and the Bixby Office Park would be altered
by the proposed project. The photomontage shall demonstrate compliance with
Mitigation Measure M-l above.
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Mitigation Measure M-3: Prior to approval of final project ptans, a landscape
plan for common areas of the project site inctuding 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
Mitigation 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 parceUtract maps or grading permits.
Mitilzation Measure M-IO: Prior to issuance of a building permit, a lighting
plan for the project site specifying the location and type of all exterior light
sources, including street lights, parking lot and driving range lights, shall be
prepared and submitted to the Department of Development Services for approval.
Miti2ation Measure M-ll : 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. The project proponent shall reimburse the City for
the costs of an independent third party review of lighting plans.
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Mitigation 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.
R~solution Number~l'~
Mitillation Measure M-13: 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.
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Mitillation Measure M-14: Commercial buildings 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 gtare impacts to
off-site areas, particularly the AFRC, the 405 Freeway, seat Beach Boulevard,
Lampson Avenue, and adjacent residential uses. .
Mitigation Measure M-15: Paved areas should be textured, and large expanses of
conaete or high gloss tile should be avoided.
Mitillation Measure M-16: Interior parking lot landscBping shall cover no less than
5% of the parking lot areas on-site.
3. The applicant shall have prepared a detailed site-specific evaluation of CO
concentrations, with said report to be reviewed by a City-setected independent
third party expert in air quality analysis. Said report shall analyze existing and
projected CO concentration levels at the specific site, identify those areas which
exceed any state or federal standards, and propose site specific mitigation
measures necessary to reduce any exceedence of a state or federal CO standard to
a level less than significant. Building permits shall not be issued until said report
is approved by the City and all recommended mitigation measures are fully
incorporated into finat construction plans.
4. The applicant shall comply with all site-specific noise mitigation
recommendations for the proposed project, as recommended by Gordon Bricken
and Associates, dated August 10, 1998, and as summarized below:
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lJ "Mitigation to comply with the City's exterior noise regulations would
involve a 16 foot high sound wall placed opposite the secured court area either
at the freeway or at the court."
lJ "A minimum four foot (4') barrier is required in a small area along Lampson
Avenue. Please see Exhibit 8 for the location."
lJ The interior requirements can be met by using sound rated windows. The
windows will require Sound Transmission Class ratings in the 26 to 40 range
depending on the location."
lJ The recommended soundwall shall be installed along the property line, as
proposed by the applicant.
lJ It should be noted that Mitigation Measure ]-2 requires the City to have an
independent, third party review of these recommendations. This will occur
when finat construction ptans have been submitted to the City, and building
permits will not be issued until all concerns of the independent third-party
review have been addressed in the final construction plans for the proposed
project.
5. With the Applicant's consent, the building height shall be reduced from 36 feet to
35 feet to comply with the standards ofthe City, and that a future height variation
be requested by the Applicant for the proposed architectural features.
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6. This conditional use permit is approved subject to the final building plans being
revised to not allow for any encroachment into the "greenbelt" area to be offered
for dedication to the City, as established in Final Parcel Map 97-165. This will
maintain the integrity of the greenbett area in accordance with the provisions of
the various Generat Plan Amendments, Zone Changes, Parcel Map, and
Development Agreement provisions which this site is subject to. The issue of the
"greenbelt" area being an easement area or dedication to the City will be the
decision of the City Council when they consider approvat ofFinat Parcel Map 97-
165.
Resolution Number #1 ~
7. Notwithstanding any default or breach by Bixby Ranch Company under that
certain Development Agreement entered into between the City of Seal Beach and
Bixby Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440,
the City agrees that such default or breach shall not affect or impair the rights of
Marriott Senior Living Services, Inc. ("Marriott"), its successors or assigns, under
this Conditional Use Permit. The City agrees that the rights of Marriott, its
successors and assigns, under this Conditional Use Permit shall continue to bind
Marriott and the City, provided, however, that all conditions attached to this
Conditional Use Permit are satisfied by Marriott, its successors or assigns. .
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8. No commercial deliveries or trash disposal activities may occur in Bssociation
with the operation of this business between the hours of 10:00 P.M. and 7:00
A.M.
9. The applicant will prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services.
10. This Conditionat Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the applicant in the presence
of the Director of Development Services, or notarized and returned to the
Planning Department; and until the ten (10) day appeal period has elapsed.
11. A modification of this Conditional Use Permit shall be obtained when:
tJ The establishment proposes to modify any of its current conditions of
app,roval.
tJ There is a substantial change in the mode or character of operations of the
establishment.
12. The Planning Commission reserves the right to revoke or modify this Conditional
Use Permit ifany 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
Citv of Seal Beach.
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13. In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Code of
the City of Seal Beach, to require the provision of additional security measures.
14. The establishment shall have a public telephone listing.
15. The establishment 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. Should comptaints be received regarding noise generated
by the establishment, the Planning Commission reserves the right to schedule this
permit for reconsideration and may require the applicantlbusiness operator to
mitigate the noise level to comply with the provisions of Chapter 13D.
16. This Conditional Use Permit 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.
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PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
""'" " . ~~ on tho "d25L<- doy of
. 1999, by the following vole:
Resolution Number~
AYES:
n.m,"_b~ ~'" ~H~ ~;I-
counCilmembera~-"~/~~
Councilmembers ~
NOES:
ABSENT:
I
r
Mayor
A
lerk
Sf ATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
}
}
}
SS
I, Joanne M. Yeo, City Clerk of Seal ~ch, California, do ~ certify that the
foregoing resolution is the original copy of Resolution Number ~ on me in
the office of the City Clerk, passed, approved, and adopted by the ~9.>unCil of the.
City of SeaI~h, at a ~Iar meeting thereof held on the :n L day
of ~' 1999.
I
I
Res~lution Number~j1~
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
'1 am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled malter.
I am the principal clerk of the printer
of the SEAL BEACH SUN. a
newspaper of general circulation,
printed and published weeklv in the
Gily 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 ~82583; 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
dates, to-wit.
A-Lt:; U,(~ 1<"2-
all in the year 1999.
I certify (or declare) under penally of
perjury thai the foregoing is true and
cOlrect
Dated al Seal Beach, CA,
thls~dayof NG...)J.'-, 1999.
A~
,
~
Signature
PUBLICATION PROCESSED I:3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
This space is for the County
Clerk's Filing Stamp
1
Proof of Publication of
NOllCE OF PUBUC HEARING - L Conditional Use Permit 98-15 _ .
Mamott senior care 'aallty
NOTICE IS HEREBY GNEN th.t In M. Eucalyptus Tree Permit 99-' _
accordBnce with the Augu.l,t 3. 1911 Rem0V81 of .ucal~plUS lree. Wflh-
Writ 01 Manda'a '"ued by Ih. In Areas .A~ and S. (comm8lcral
Orange County Superior C..... th. dlW8lopmanl BI".)
Clly Council 01 the City a. S..I . N
Beach win hold. public helll'fng on Vesllng Tentative Tract Map No
Monday, Augus. 23. 19n I' 1:00 15797 - 75.101 residential IUbdt-
p.m. In the CRy Council Chamber., viSIOn
211 Eighth Sir." Sell Bueh. eal- 0 Conditional Use Permd 99-5 _ Off. I
lfoml. to: gremlse a1cohm sales at Sav-On
1 Consider RevISIOns 10 Ihe BIXby Old ruq
Ranch Towne Cenler FlnarEIR Project Overview: The proposed
CSCH 97091077) - Cer1lficBlIon of mixed-use project conSIstS of corn-
EIR by cny Council, AdopUon of merelal, resldenllal, recrBadonal,_
StaI8mBnl Of Overriding Consider- t ,"stIlullonal, and opBn ~8C8 usee
abans. and all previously approved the City
f CountI\ In November 1 . and as
2. RetonIIder. descmed '"the RevIsed EIR under
A General Plan Amendment 9EJ.1 _ . considerallon as part of this pubHc
Amendments 10 various eremenlS :' hBarlng. The EIR approval was
of thI General Plan ~ maintain c:on- challenged by several parties and
SlSltn:y between Ihe General Plan'l lhe CIty-has been mstrucl8d by the
and Iha approved prOject Court 10 selaslde. vacaI8, and void
Resolution No 4660 approved on
1.lJnI Use Elemenl Amendment November 23. 1998, cerhfym9 IhB
2 Open Space/Conser- Final ErR for thB project: thi NOla
vahonIRacrea1IOR Elemenl of Oetermlnallon fllBd on Noverft-
3 Bicycle Route Element ber 24. 1998; and any and all
4. HouSIng Elemenl actIons of any body thai rBly In
5 Cln:ulatlOR Element whole or lR part on the Bixby Ranch
6. NoIse E1Bment EIR. Including Ihe Seal BeaCh Pian-
O ZonaDwlge98-1-An_.dmenIB RIng CommissIOn
10 Zoning Map 10 mElIntaln cons!. The s/Ie Is approximately 218 acres
tency beIw8en IhB Zormg Map n In size. The malor prated compo.
the General ptan. nenls are ae follows: (11 286.967
T Club 5110 G raI square foot retail shopprng center
1. IMIS - ens tDevelopmenl Area "1t); (2) 104
Commercial (C-,2) 10 Public room hotel. 15,000 square feet 01
lM1d Use au . restaurants 1SO-bad senior usIII-
2 DeveIopmenl Areas -A-and -8- - ed hVlng taClkIy, 5 acres greenbaft
-General Commercial (C-2) tl)evelopmenl Area -B1: (3) 157.
and RacreaUon-GoIt (R-G) 10 acre reconflgured prtVale golf
General eommerclallC-2) course and a pnvate/publlc drtvl~
3. Development Area -C - Gen- range (Developmenl Area -C"): (4)
er" Comm8l'Clal (C-2l and 75-fot dBlached residential subdM-
Reaeatton-GotI (h-G to slon and 25 acre communlly park
RecreallOfl Golf (R-G) (Development Area -D-)' and (5)
4. DewIopment Area "0- . Gener- dedrcatlOn of exlsbng 6 '35 Bixby
aI CommerCIal (C-2) and Old Ranch Tenms Cfub slle 10 Caty
RlCl8Btlon-Golf fRoG) 10 R88I- tl)evelopment Area -E1.
dantiaJ Madlum llans/ty IRMDI
P___' M N 97 165 Code Sections: Seclion 28-2600
C. TenbllrJe III~ ap 0 - _ Zone Changes
---_ of 13 67-acrooom-
_.!::::;"II Section 28-2503-2504 - Condl-
u....._ s e bonaI Use Permits
o TentallveTractMlqlNo 15761- Section 28-1B03-Planned Sign
~ of 26 045.acre corn- Program
men:ill shopplng center Secbon 28.2317(4) _ Height
E. Development AQreement- SpeG-: Vanallons
Ifles dubes and reSpor'lSlbllltles of Seelion 28-2751-2770 _ D8V8J-
CIty ani Bixby Ranch Company 10 opmenl Agreements
......."""ad oomplallon and oom-
pllanceWllh all mlbgatlon measures Section 70-4 - Euc~ptus Tree
and condallons Permlls
Chapter 21 - Subdivisions
F SIIe Plan Review 98-1 - $lle plan
review for 26 045-Bcre shopping AppllCllnt: BIXby Ranch Company
cenlerdev8lopment K1lchell Development Company
Mamoll Senior LMng Services
G Condlllona! Use Permit 98.18 -
drlve-b'ough......mdow and 24-hour Owner: Baxby Ranch Company -
o~ fOr proposed drug stor8 KlIChe. Development Company
wallin 26.045-8Cr8 shopplng cen. Marriott SenIOf Uvang ServICes
ler Ai the above Ikne and place aA Inter-
H. Co~nal Use Perm" 98-17 - esled persons may be heard If so
home cen18r and outdOOl gatden desired II you challenge Ihe proposed
cent. acllonS III court, you may be "'",ted to
rMIIng only those Issues you or some-
I. SIte Plan RBYIevI9EJ.2 -;- freeway one else raised .. the publ"lC heanng
ktenllkation sign - descnbed In this notice, or In wntten
J Helahl VarIalion 98-5 _ archllec- correspondence delivered 10 the Cdy
. . \Ural -... above 35-1oot ho19'" of Seal Basch at, or poor to. the pul>-
l Bm" - . 11c hearing.
'OK Planned Sign Program 98-1 _ DATEDlhIs9lhdayof~usI,1999
QVBfal ShOPPing center sign pro. Joanne M Vea. CIty Qerk : . ..
gram , pmUhed'"th8~BeachSul;'.Jow.
naI.~ ,r"'L.., ~
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