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HomeMy WebLinkAboutItem OFebruary 26, 2000 STAFF REPORT To: Mayor Campbell and Members of the City Council Attention: John Bahorski, City Manager From: Lee Whittenberg, Director of Development Services Subject: PUBLIC HEARING - HELLMAN RANCH DEVELOPMENT AGREEMENT AMENDMENT 01 -1 (First Amended and Restated Development Agreement) SUMMARY OF REQUEST Approve proposed Hellman Ranch Development Agreement Amendment 01 -1 (First Amended and Restated Development Agreement) and Introduce Ordinance Number 1471, An Ordinance of the City of Seal Beach Adopting the First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan ". Refer to Attachment I for a copy of the proposed ordinance. DISCUSSION A request has been received from Hellman Properties to amend the Development Agreement (First Amended and Restated Development Agreement) regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2, Modification of Development Agreement to Obtain Permits, etc. A copy of the "First Amended and Restated Development Agreement by and Between the City of Seal Beach and Hellman Properties, LLC Relative to the Development known as the Hellman Ranch' is provided as Attachment 2 in a redline /strikeout version to present clearly the amendments proposed to be made by the approval of the subject document. The current Hellman Ranch Development Agreement area encompasses the Hellman Ranch, State Lands property, the Los Alamitos Retarding Basin, and Gum Grove Nature Park. The project area is generally bounded by Seal Beach Boulevard on the east, the Marina Hill subdivision on the AGENDA ITEM O C:U1y Docu .rat ELLMAMAmrnded DevelopmentAg .t.CC Sma ReponAO W,)231 -W Public Hearing — Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February 26, 2001 south, Pacific Coast Highway and the Haynes Cooling Channel on the west, and the Island Village subdivision in the City of Long Beach, Boeing facility, and the City of Seal Beach Police Department and City Yard on the North. Development of the original Hellman Ranch project approved by the City in 1997 could not proceed without a Coastal Development Permit ( "CDP ") issued by the California Coastal Commission ( "CCC'). After approval of the project by the CCC, litigation was filed challenging the Commission approval of CDP 5 -97 -367 (cases consolidated as "League for Coastal Protection et al. v. California Coastal Commission ") and a `Settlement Agreement" (refer to Attachment 3) was eventually incorporated into the presiding Court's order for issuance of a Writ of Mandate. The Settlement Agreement was signed by the following principals in the case: ❑ Plaintiffs: ❑ League for Coastal Protection: Mel Nutter, Chairperson ❑ Wetlands Action Network: Marcia Hanscom, Executive Director and Chairman of the Board of Directors ❑ California Earth Corps: Don May, President ❑ Defendant: ❑ California Coastal Commission: Peter Douglas, Executive Director ❑ Real Parties in interest: • Southern California Edison: C. Kelly Kewel, Manager, Sales and Leasing • Hellman Properties: Jerome Tone, Agent ❑ City of Seal Beach: Paul Yost, Mayor ❑ California State Lands Commission: Paul D. Thayer, Executive Officer The CCC responded to the Writ by approving on October 11, 2000, issuance of an amended CDP with conditions, CDP 5 -97- 367 -A1. This amended CDP provided conditions of development of a project revised in accordance with the criteria established in the Settlement Agreement. Acopy of the amended CDP 5 -97- 367 -AI is provided as Exhibit B of the First Amended and Restated Development Agreement. The major project changes encompassed in CDP 5 -97- 367 -A1 are summarized as: • Elimination of the previously approved golf course and the establishment of a 100 -acre deed - restricted area for future wetland restoration, open space and environmental education purposes; • Elimination of all impacts to jurisdictional state and federal wetlands; and ❑ Elimination of development of visitor - serving commercial uses on the State Lands Property. Amended Develo,m t Ag mamtCC Smtrft on 2 Public Hearing— Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February 26, 200/ The requested First Amended and Restated Development Agreement is intended to conform the Development Agreement to the terms of CDP 5 -97- 367 -A1, and is an amendment contemplated by Development Agreement Section 6.1.2, Modification of Development Agreement to Obtain Permits, etc. This section of the Development Agreement states: "6.1.2 Modification Of Development Agreement To Obtain Permits, etc. Permits and approvals required from other agencies may necessitate amendments to this Development Agreement and/or to one of more of the approvals or other approvals granted by City. City shall not unreasonably withhold approval of any amendment hereof that is mandated by conditions of approval imposed by any other governmental agency." As indicated above, the litigation resulted in a "Settlement Agreement ", which required approval of an amended CDP by the CCC. In tam, the revised CDP permit and the revised conditions required by the CCC necessitated amendments to the Development Agreement. In order for Hellman Properties LLC to proceed with the project, the Development Agreement has been amended to be consistent with the provisions of the Settlement Agreement and the amended CDP. Per 6.1.2, the City shall not unreasonably withhold approval of any amendment that is mandated by conditions of approval imposed by any other governmental agency, including the CCC. It is contemplated that the Superior Court will discharge the Writ based on the CDP conditions for the revised project and that the CDP conditions will then constitute an adjudication of the development rights with respect to the property that is the subject of the Development Agreement to the extent of the CCC's jurisdiction. The Coastal Commission must also approve the subject First Amended and Restated Development Agreement after approval by the City of Seal Beach. Revisions to the Hellman Ranch Specific Plan will also be required to conform to the terms of the settlement agreement and the First Amended and Restated Development Agreement. Those amendments do not require any additional review by the CCC and will be considered by the City at a later date. Approval of the First Amended and Restated Development Agreement will also consent to the transfer of the residential parcel to WL Homes, doing business as John Laing Homes, or its successor. It will also consent to the transfer of the wetlands preservation and restoration parcel to the Wildlife Conservation Board, the California Coastal Conservancy, on another public or private entity with similar goals, objectives, and purposes. Amended nevelopmuA®e tCC SmiTkpon Public Hearing— Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February 26, 2001 Environmental Review: A Final Environmental Impact Report (FEIR) was certified by the City Council in 1997 and is on file at the Department of Development Services, 211 Eighth Street. The provisions of the First Amended and Restated Development Agreement will have fewer impacts than those anticipated in connection with the Original Project. The findings and the statement of overriding considerations previously adopted apply with equal force to the approval of the First Amended and Restated Development Agreement. FISCAL IMPACT None. Amendments to the Development Agreement are required to comply with permit conditions imposed by the California Coastal Commission. RECOMMENDATION Approve proposed Hellman Ranch Development Agreement Amendment 01 -1 (First Amended and Restated Development Agreement) and Introduce Ordinance Number 1471, An Ordinance of the City of Seal Beach Adopting the First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan" 4re ittenberg, Director Development Services Departmen Attachments: (3) Attachment L Ordinance Number 1471, An Ordinance of the City of Seal Beach Adopting the Fast Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan" A ded nevelepn t Ai enn=LCC Sutr Report Public Hearing — Amended and Rerlated Development Agreement re: Heilman Ranch Project City Council Staff Report February 26, 2001 Attachment 2: First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan" (Redline/Strikeout Version) Attachment 3: League for Coastal Protection et al. v. California Coastal Commission, Settlement Agreement and Order Thereon, filed December 29, 1999 AmendM f elop t Ag entCC SWITR poft Public Hearing — Amended and Reetated Development Agreement re: Hellman Ranch Project City Council Staff Repo ri February 26, 2001 ATTACHMENT 1 ORDINANCE NUMBER 1471, AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE " HELLMAN RANCH SPECIFIC PLAN" Am DftmmtA® A.CC SuHRe ft Public Hearing — Amended and Restated Development Agreement re: Heitman Ranch Project City Council staff Report February 26, 2001 ORDINANCE NUMBER 1471 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE " HELLMAN RANCH SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City and Hellman Properties LLC entered into a development agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly (mown as the "Hellman Ranch Specific Plan" area on October 27, 1997. Section 2. Development of the original Hellman Ranch project approved by the City in 1997 could not proceed without a Coastal Development Permit ( "CDP') issued by the California Coastal Commission ( "CCC "). After approval of the project by the CCC, litigation was filed challenging the Commission approval of CDP 5 -97 -367 (cases consolidated as "League for Coastal Protection et al. v. California Coastal Commission') and a settlement agreement was eventually incorporated into the presiding Court's order for issuance of a Writ of Mandate. Section 3. The CCC responded to the Writ by approving on October 11, 2000, issuance of an amended CDP with conditions, CDP 5 -97- 367 -A1, providing conditions of development of a project revised in accordance with the criteria established in the Settlement Agreement. Section 4. The major project changes encompassed in CDP 5 -97- 367 -AI are summarized as: ❑ Elimination of the previously approved golf course and the establishment of a 100 - acre deed - restricted area for future wetland restoration, open space and environmental education purposes; ❑ Elimination of all impacts to jurisdictional state and federal wetlands; and Ammded ne 6o,.mt Ag .LCC SmRRe ft Public Hearing — Amended and Reomed Development Agreement re: Hellman Ranch Project City Council Staff Report February 16, 2001 ❑ Elimination of development of visitor - serving commercial uses on the State Lands Property. Section 5. A request has been received from Hellman Properties to amend the Development Agreement (First Amended and Restated Development Agreement) regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2, Modification of Development Agreement to Obtain Permits, etc. Said request is to conform the Development Agreement provisions with the terms of the Settlement Agreement and Coastal Development Permit 5 -97- 367 -A1. Section 6. The City Council held a properly noticed public hearing regarding the proposed development agreement amendments on February 26, 2001. Section 7. The City Council hereby finds that the proposed development agreement amendment is consistent with the General Plan of the City of Seal Beach and the Hellman Ranch Specific Plan. Section 8. Based upon the foregoing, the City Council hereby approves the proposed development agreement amendment, titled "First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan" incorporated by reference herein and attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of the City. Section 9. The time within which to challenge the subject development agreement is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of Attest: City Clerk AmmdW Development A neul.LCC SwffRe ft Public Hearing — Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February 26, 1001 STATE OF CALIFORNIA } COUNTY OF ORANGE ) SS CITY OF SEAL BEACH } 1, Joanne M. Yen, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of ' 2001, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2001 by the following vote AYES: I Councilmembers NOES: ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk A ndW nevelWp ,e A& Mm t.CC Suff Regan Public Hearing — Amended and Restated Development Agreement re: Hellman Ranch Project City Coancif Staff Repan February 16, 2001 EXHIBIT A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN" Amend Dvre ment A® Mt.CC Staff Report 1() RECORDING REQUESTED BY, AND - �=Ai. BEACH WHEN RECORDED, MAIL TO CITY OF OF SEAL BEACH - FES - 9 2001 OFFICE OF THE CITY CLERK DEEAA7MEN7 OF 211 EIGHTH STREET [DrfE 0EP:AR r SERVICE SEAL BEACH, CA 90740 The undersigned declare that this instrument is recorded at the request of and for the benefit of the CITY OF SEAL BEACH, and is therefor exempt from payment of recording fees pursuant to Government Code § 6130 and the FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES, LLC RELATIVE TO THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH ,2001 C. The Development Agreement was entered into to provide public benefits, including, but without limitation, dedication, protection and enhancement of critical wetlands and open space resources, increased tax revenues and creation of a well - planned residential community, all within a regulatory framework that will require installation of the on and off -site road, sewer, water, drainage, landscaping, irrigation and other improvements needed to serve the Original Project as well as providing other benefits. The Original Project contemplated by the Development Agreement represented a significant reduction in density from prior development proposals on the Subject Property and provided for a major increase in public benefits. D. Development of the Original Project could not proceed without a Coastal Development Permit ( "CDP ") issued by the California Coastal Commission (the "CCC'). Various opponents of the Original Project filed two lawsuits challenging the CDP for the Original Project which were consolidated under the title League for Coastal Protection et al. v. California Coastal Commission, City of Seal Beach, et al., real parties in interest, Orange County Civil Case No. 801830 (the "CDP Litigation "). The Superior Court in the CDP Litigation issued a Writ of Mandate directing the CCC to consider and act on a revised project, based upon criteria stated in a Settlement Agreement, filed on December 29, 4999. Both City and Developer were parties to the Settlement Agreement. The Settlement Agreement was incorporated in the Court's order for issuance of the Writ. E. CCC responded to the Writ by approving on October 11, 2000, issuance of an amended CDP with conditions (the "CDP Conditions ") (under its No. 5 -97- 367 -A1). The CDP Conditions permit development of and provide conditions for development of a project revised in accordance with the criteria established in the Settlement Agreement (the "Revised Project "). A true and correct copy of the CDP Conditions is attached hereto, marked Exhibit B and incorporated herein by reference thereto. The uses approved pursuant to the CDP Conditions are shown on the site plan attached hereto, marked Exhibit C and incorporated herein by reference thereto (the "Revised Site Plan"). It is contemplated that the Superior Court will discharge the Writ based on the CDP Conditions for the Revised Project and the CDP Conditions will then constitute an adjudication of the development rights with respect to the property that is the subject of the Development Agreement to the extent of the CCC's jurisdiction. F. The development plan for the Revised Project approved in the CDP Conditions is consistent with the Specific Plan but differs in certain respects from the plan for the Original Project. The parties desire to amend the Development Agreement to conform to the terms and conditions of the CDP Conditions and to provide for the Revised Project. Because this Amendment is intended to conform the Development Agreement to the terms of the CDP Conditions, it is an amendment contemplated by Section 6.1.2 of the Development Agreement which reads as follows: "Permits and approvals required from other agencies may necessitate amendments to this Development Agreement and/or to one or more of the approvals or other approvals granted by City. City shall not unreasonably withhold approval of any amendment hereof that is mandated by conditions of approval imposed by any other governmental agency. N.*WELLP\Sb`dacs \w level ag-t G. Developer and City desire to utilize this First Amended and Restated Development Agreement to secure the public benefits contemplated by the CDP Conditions and to vest the entitlements created by the CDP Conditions in Developer (upon all of the terms and conditions thereof), all as provided pursuant to Government Code Sections 65864 et seq. The vesting effect of this First Amended and Restated Development Agreement is intended to apply to the CDP Conditions, to such changes therein as may be adopted by the CCC on final approval that are consistent with the CDP Conditions and do not represent material departures therefrom, and to all permits, approvals and actions implementing the same pursuant to the procedures established in or referred to in the CDP Conditions and the "Vested Components" as defined in Section 2.1 below. H. The City Council reviewed and approved the Development Agreement. It found the Development Agreement to be consistent with City's General Plan, the Specific Plan and all applicable City ordinances, rules and regulations, and that its implementation would be in the best interest of City and the health, safety and welfare of its residents. City considered and acted upon the Development Agreement at the hearings described in Exhibit D, attached hereto and incorporated herein by this reference. The ordinance authorizing execution of the Development Agreement by City is attached hereto, marked Exhibit E and incorporated herein by this reference. The environmental impacts of the development contemplated in the Development Agreement, were evaluated in the Final Environmental Impact Report ( "FEIR ") prepared by City and certified as adequate by the City Council pursuant to the California Environmental Quality Act, through adoption of Resolution No. 4562 (State Clearinghouse No. 96121009). The City Council certified the FEIR, adopted findings and a statement of overriding considerations in connection with its approval of the Development Agreement. I. The City Council has reviewed and approves this First Amended and Restated Development Agreement. It finds that this First Amended and Restated Development Agreement is consistent with City's General Plan, the Specific Plan and all applicable City ordinances, rules and regulations, and that its implementation is in the best interest of City and the health, safety and welfare of its residents. City considered and acted upon this First Amended and Restated Development Agreement at the hearings described in Exhibit F, attached hereto and incorporated herein by this reference. The ordinance authorizing execution of the Development Agreement by City is attached hereto, marked Exhibit G and incorporated herein by this reference. The City Council has considered the FEIR and found that it fully and fairly addresses the environmental impacts of the Revised Project contemplated in the First Amended and Restated Development Agreement, as the Revised Project will have fewer impacts and provides for more inclusive mitigation measures than those anticipated in connection with the Original Project. The City Council finds that the certification of the FEIR, the findings and the facts that support the findings and the statement of overriding considerations adopted therein, apply with equal force to the approval of this First Amended and Restated Development Agreement. NOW, THEREFORE, City and Developer agree as follows: Article 1. Property Subject To This First Amended and Restated Development Agreement And Term Of This First Amended and Restated Development Agreement. N:HiHELLP%SbWM$ \w -devel agmt 1.1. Properly Subject to this First Amended and Restated Development Agreement. This First Amended and Restated Development Agreement shall (i) apply to all of the Subject Property (and that portion of the land included within the Southern California Edison Company ( "SCE ") right -of -way, as shown on the Revised Site Plan, when, as and if the same is acquired by Developer), (ii) run with fee title to the Subject Property, and (iii) the benefits and burdens hereof shall bind and inure to the benefit of all the successors in interest of the parties. The CDP Conditions establish or suggest uses with respect to parcels not owned by Developer as follows: (i) a parcel owned by City as shown on the Revised Site Plan (the "City Parcel "); and (ii) a parcel owned or held under easement by SCE as shown on the Revised Site Plan. This First Amended and Restated Development Agreement also includes an agreement by Developer and City with respect to the City Parcel, to the extent of the ability of Developer and City to contract with respect to such Parcel. 1.2. Term. 1.2.1. Term Of First Amended and Restated Development Agreement. The term of this First Amended and Restated Development Agreement ( "Term ") shall commence upon the effective date of the ordinance approving this First Amended and Restated Development Agreement ( "Ordinance Date ") and shall continue until the twentieth (20th) anniversary of the Effective Date, unless the Term is extended by duly adopted amendment hereof, or earlier terminated in accordance with the provisions hereof; provided, however, that if the ordinance approving this First Amended and Restated Development Agreement is made the subject of a referendum or is challenged by legal action, then the Effective Date shall be the date when the referendum proceedings and/or legal proceedings have been concluded in a manner that permits the legal commencement of the parties' obligations under this First Amended and Restated Development Agreement. If the Term has not commenced by the fifth (5th) anniversary date hereof, then this First Amended and Restated Development Agreement shall have no further force or effect unless the parties extend the same by duly executed written instrument. Notwithstanding the foregoing, however, (i) the restrictions contained in Section 2.3.1 shall apply so long as Parcel 2 is used for residential purposes; and the restrictions contained in Section 2.3.2 shall apply so long as Parcels 1, 5 and 6 are used for mineral. extraction purposes, and (ii) expiration or termination of this First Amended and Restated Development Agreement shall not affect any right vested under California law independent of this First Amended and Restated Development Agreement. 1.2.2. Term Of Subdivision Maps And Use Permits. The term of any parcel map, tentative subdivision map, vesting parcel map or vesting tentative subdivision map relating to the Subject Property or any part thereof, and the term of any subdivision improvement agreement related to development of the Subject Property or any portion thereof, shall be extended (pursuant to Government Code 66452.6(a)) for the longer of. (i) the Term, or (H) the term of the particular map otherwise allowed under the Subdivision Map Act, (Government Code 66410, et seq.), and City's Subdivision Ordinance. NA WELL%Sb \dots \w -0evel agmf Article 2. Development of the Subject Property. 2.1. Vested Components. The (i) permitted use of the Subject Property, (ii) provisions for reservation or dedication of land for public purposes, (iii) provisions for financing and construction of public improvements to protect the general fund and the public generally from the costs of development of the Subject Property, and (iv) other terms and conditions of development that apply to the Subject Property (including, but without limitation, the density or intensity of use and the maximum height and size of proposed buildings) under the "Approvals" and certain other actions and proceedings (the Approvals and all such actions being identified and defined in Exhibit H, attached hereto and incorporated herein by reference thereto), are declared "vested," and are referred to herein as the "Vested Components." The Vested Components are defined by and limited to the CDP Conditions as the same may be revised by the CCC in immaterial respects that are substantially consistent with the CDP Conditions. No part of the Vested Components may be revised or changed during the Term without the consent of the owner of the portion of the Subject Property to which the change applies, except as provided in Sections 2.4 and 2.5 hereof. After the Ordinance Date, the Vested Components shall be effective against, and shall not be amended by any ordinance or regulation enacted after the Ordinance Date, whether adopted or imposed by the City Council or through the initiative or referendum process. 2.2. Development Timing. 2.2.1. Development Scheduling. Developer shall have no obligation to initiate or complete development of any phase of the Subject Property within any period of time except (i) as may otherwise be stated in the Vested Components or a separate agreement. or undertaking that (a) is part of the Vested Components, or that (b) is entered into in support of any community facilities or assessment district financing, or (ii) as provided in the Subdivision Map Act (Gov't Code §§ 66400 et. seq.) or City's subdivision ordinance as applied to subdivision improvement agreements. 2.2.2. No Phased Growth Control. No future modification of City's code or ordinances, or adoption of any code, ordinance, regulation or other action that purports to (i) limit the rate of development over time, (ii) directly or indirectly limit the number of residential building permits issued or obtainable during any period within the Term, or (iii) alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall apply to the Subject Property or any part thereof; nor shall any such modification or adoption of a code, ordinance or regulation modify the rights held by Developer hereunder. 2.2.3. Infrastructure Components Not Within City Control. City shall cooperate with Developer and use its best efforts to bring about construction of the infrastructure required for the development contemplated in the Vested Components that is not within City's and Developer's control; and no permits or approvals for development of the Subject Property shall be withheld pending completion of such construction unless allowing such development to proceed prior to completion of construction would (i) violate an order of court, (ii) violate an order of a governmental agency with jurisdiction over City, (iii) pose a threat to health and safety, or (iv) violate any condition of the Approvals imposed by City or any other governmental N:W WELLPZW=s \w -devel agmt authority with jurisdiction over the Subject Property, or any mitigation measure imposed by the FEIR. 2.3. Mineral Exploitation. 2.3.1. Prohibition In Residential, Open Space And Recreational Areas. No portion of the surface of Parcel 2, as shown on the Revised Site Plan (and no portion of said Parcel 2 that lies below and within five hundred (500) feet of the surface of Parcel 2) may be utilized for extraction of oil, gas, hydrocarbon or any other mineral, metal, rock or gravel or any activities associated with or ancillary to any such activities. Nothing herein contained shall be deemed to prevent or restrict (i) movement or export of rock, gravel or earth as part of grading activity undertaken pursuant to a grading permit issued by City in connection with development allowed under the Vested Components, or (ii) creation, maintenance or operation of water wells. 2.3.2. No Restriction In Mineral Production Areas. No regulation, ordinance or rule shall be adopted by City after the Ordinance Date to prohibit, limit or restrict mineral production, drilling and extraction activities on the surface and subsurface of Parcels 1; 6 and 7, as shown on the Revised Site Plan. All such activities on said Parcels shall continue to be governed and controlled by laws, ordinances, rules and regulations in effect on the Ordinance Date. 2.4. Rules, Regulations and Official Policies. 2.4.1. Existing Regulations Apply. Subject to the terms of Sections 2.4.2 and 2.4.3, the Vested Components shall control development of the Subject Property. As to any subject or matter not addressed in the Vested Components, development of the Subject Property shall be subject to City's General Plan, zoning ordinance, and other rules, regulations, ordinances and official policies that apply to such development on the Ordinance Date; provided, however, that any conflict between the Vested Components and such plans, ordinances, rules, regulations and policies shall be resolved by giving full effect to the Vested Components and the provisions hereof to the extent permitted by law. To the extent that any future changes in the General Plan, the zoning codes or other rules, ordinances, regulations or policies (other than the building and other codes excepted pursuant to Section 2.4.3) conflict with this First Amended and Restated Development Agreement and the Vested Components, this First Amended and Restated Development Agreement and the Vested Components shall control. 2.4.2. Subdivision Of Subject Property. Developer shall have the night from time to time to file subdivision maps and/or parcel maps with respect to some or all of the Subject Property. Nothing herein contained shall be deemed to authorize Developer to subdivide or use any of the Subject Property for purposes of sale, lease or financing in any manner that conflicts with (i) the Subdivision Map Act, or (ii) with City's subdivision ordinance. For purposes hereof, however, City's subdivision ordinance shall be limited to and mean the ordinance terms and conditions as of the Ordinance Date hereof -, and no provision of a subdivision ordinance enacted, or that becomes effective, after the Ordinance Date shall reduce Developer's rights or increase its burdens under the Vested Components except to the extent that such ordinance is required to implement and carry out provisions of state law enacted after the Ordinance Date. N: VFWELLMSb`dWs\w -Gavel agmt 2.43. Building And Fire Code Amendments Not Precluded. Notwithstanding any other provision to the contrary, nothing herein contained shall be deemed to prevent adoption and application to improvements upon the Subject Property of laws, ordinances, uniform codes, roles or regulations pertaining to or imposing life - safety, fire protection, mechanical, electrical and/or building integrity requirements to the extent that such regulations apply generally throughout City. The City Codes that currently contain such laws and regulations are (i) Uniform Building Code, 1994 Edition, as amended by Part 2, Title 24, California Code of Regulations; (ii) Uniform Mechanical Code, 1994 Edition, as amended by Part 4 of Title 24, California Code of Regulations; (iii) Uniform Plumbing Code, 1994 Edition, as amended by Part 5. of Tide 24, California Code of Regulations; (iv) Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition; (v) Uniform Housing Code, 1994 Edition; (vi) Uniform Code for Abatement of Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994 Edition; (viii) National Electric Code, 1993 Edition, as amended by Part 3 of Title 24, California Code of Regulations; (ix) Uniform Fire Code, 1994 Edition, including Appendices I -B through V -A, VIA, VI -E and VI -G thereof, except for Appendices H -H and IV -A, and including those amendments to that Code set forth in Tide 24, California Code of Regulations; (x) Uniform Solar Energy Code, 1994 Edition; (xi) Uniform Building Security Code, 1994 Edition; (xii) Uniform Administrative Code, 1994 Edition; and (xiii) Appendix Chapter I of the 1994 Uniform Code for Building Conservation. 2.4.4. Entitlements as to the Remainder. Notwithstanding any other provision in this Agreement, the City is not conferring upon the Developer, and Developer is not receiving, any entitlements or rights, vested or otherwise, to any use in or on the area defined as Planning Area No. 9 (the "Remainder ") in the Specific Plan other than the existing mineral production uses. Any potential future use is not an entitled land use (See Table 4 -2, Specific Plan). 2.5. Development, Regulatory Mitigation and Application Fees. 25.1. Limitations. All application fees, processing fees, development impositions and regulatory fees; set by or within the control of City (including, but without limitation, any fee or charge levied or imposed in connection with or by reason of the conduct of development or business activity within City), (i) levied upon the Subject Property or any part thereof, (ii) charged as a condition to any application for or approval of development or condition thereof, or (iii) imposed to mitigate adverse environmental impacts, shall be subject to the following limitations: (1) Application and processing fees shall not exceed those in place as of the Ordinance Date, as increased from time to time to reflect any changes in the actual costs incurred by City in processing such applications or managing such processes; (2) Regulatory fees shall be limited to the categories and amounts listed on Schedule I of the Vested Components and may be adjusted in the future to the lesser of (i) amounts set by City, or (ii) the amounts existing as of the Ordinance Date, revised in proportion to changes in either (a) the United States Department of Labor, Bureau of Labor Statistics' Consumer Price Index (all Urban Consumers), or (b) such other index used by City as a fair indicator of fluctuations of the costs in question, from the Ordinance Date until the date of such new fee setting (the foregoing not to be construed as authorizing creation of any new categories N:WWELLP\SbV= \w -devel agml of fees that apply to the Subject Property or development thereof, except as provided in Section 2.5.1(3) below); and (3) No new regulatory fees and/or development impositions, may be imposed on all or parts of the Subject Property or development thereof unless (i) they apply on a City -wide basis and are not limited to the Subject Property, or any part thereof; (ii) the amount charged has been determined in accordance with all applicable law and is based upon evidence that said amount is necessary to mitigate public health and/or safety impacts directly caused by the development against which the charge is imposed; and (iii) Developer shall be entitled to credit for fees paid and the value of work performed prior to the enactment of such regulatory fee requirements where such fees or work deal with or pertain to the same subject matter. None of the foregoing limitations shall apply to business license fees lawfully levied and collected in a non - discriminatory manner on a City-wide basis. 2.5.2. "Regulatory Fees" Defined. "Regulatory fees' (constituting the categories and types of fees and charges that are limited pursuant to Sections 2.5.1(2) and 2.5.1(3)) shall include all charges, levies and impositions that are or would be so categorized (or as "development impositions ") under applicable California law as of the Ordinance Date (in contrast with "special taxes "). - Article 3. Obligations Of The Parties. 3.1. Developer. 3.1.1. Development Of The Subject Property. Developer shall develop the Subject Property in accordance with and subject to the Vested Components. 3.1.2. Impact Mitigation. (a) Construction Of Improvements. The public improvements to be constructed or installed as conditions of development shall be constructed or installed without cost or expense to City except as otherwise provided in the Vested Components. (b) Subdivision Improvement Agreements And Bonds. Assurance concerning performance of work required to be performed within portions of the Subject Property to be subdivided shall be required as a condition to filing the final subdivision maps or parcel maps for the portion of the Subject Property to be subdivided, such assurance to be in the form of an improvement agreement requiring construction or acquisition of such improvements, entered into in accordance with procedures established pursuant to City's Subdivision Ordinance (with bond or other surety provided as therein required), unless City approves an alternative method for providing assurance of such improvement installation, with Developer's consent, or unless a community facilities district has been formed with provision -for construction of acquisition of the improvements in which case no further assurance or surety shall be required. 3.2. City. N:\MNELLP\Sb�s \.-0 el agmt 3.2.1. Hazardous And Toxic Materials Monitoring. City shall diligently monitor the hazardous materials discharge that has occurred on property owned by City that has allegedly contaminated a portion of the subsoil and groundwater of the Subject Property, without cost or expense to Developer, for an eight year period commencing January, 1999. The annual cost of the monitoring is estimated at $8,000 to $12,000 and in no event shall exceed $12,000 in any calendar year. The City's monitoring program shall be undertaken in full compliance with all applicable laws, ordinances, rules and regulations and is subject to the approval of Orange County. City shall obtain all permits and certifications required by any public authority in connection with such monitoring. City shall indemnify Developer and hold Developer harmless of and from any and all loss, cost, damage, injury or expense, arising out of or in any way related to such discharge. The city further agrees to seek funding from state or federal sources to remedy the discharge. 3.2.2. Assessment Proceedings. (a) Construction And Acquisition Proceedings. Developer may desire to initiate assessment and/or community facilities district proceedings to finance payment of an or portions of the design, acquisition and construction costs required to be paid for off -site improvements to be designed and constructed in connection with development of all or portions of the Subject Property pursuant to the Vested Components. City acknowledges that Developer shall have the right to initiate improvement and assessment proceedings utilizing any assessment mechanisms authorized under the law of the State of California where the property subject to assessment provides primary security for payment of the assessments. Developer may initiate such assessment proceedings with respect to a portion of the Subject Property to provide financing for design or construction of improvements for such portion without the consent of the owners of any other portion, to the extent such consent is not required, or protest permitted, by law, so long as the proceedings are conducted without cost or expense to or liability imposed upon the owners of the other portions of the Subject Property. In addition to the restrictions and limitations imposed by the legislation adopted pursuant to Proposition 218 and other applicable State and federal laws, such financing arrangements shall be subject to the following general parameters: application: (i) City shall diligently process such application so long as the (aa) complies with law; (bb) is otherwise regular in form; and (cc) is consistent with City's standards. (ii) Upon written demand of the City Manager or his/her designee, Developer shall advance amounts necessary to pay all costs and expenses of the City to evaluate and structure any financing district, to the end that the City will not be obligated to pay any costs related to the formation or implementation of any financing district from its own general funds. City staff will meet with Developer to establish a preliminary budget for such costs, and will confer with Developer from time to time as to any necessary modifications to that budget. NA WELLP1.SbM \.devN agmt (iii) City shall diligently seek to sell any bonds, to be issued and secured by such assessments upon the best terms reasonably available in the marketplace; provided, however, that City's duty to market bonds shall be suspended during any period when marketing conditions render the issuance economically infeasible. The financial viability of any assessment or community facilities district will be of material concern to City. City will consider written requests by Developer as to the size and timing of any particular bond issue, as well as the advice of any . financial consultant and/or underwriter employed by City in connection therewith. Developer understands that City will have disclosure obligations under State and federal securities laws to prospective purchasers of debt incurred in connection with any public financing, and agrees to provide City with any information reasonably requested in connection with such disclosure obligations. (iv) Any public financing shall be secured solely by assessments or special taxes levied within the respective district, and proceeds of the bonds issued that are placed in a bond fund or reserve fund for the financing. City's general fund and its tax increment revenues shall not be pledged to the repayment of any public financing contemplated by this Section. (v) The payment of actual initial and annual administrative costs of City to be incurred in connection with any financing district shall be adequately assured, through the inclusion in any assessment or special tax methodology of appropriate provision for such costs as estimated by City, to the end that City's general fund shall never be called upon to provide for initial or any annual administrative costs related to any financing district. (vi) All current and projected annual assessments, special taxes, real property taxes and any other amounts due to public agencies which are secured by liens on any parcel within the Property shall not exceed two percent (2 %) of. the estimated market value of the property upon completion of expected public and private improvements. The estimated market value shall be determined by City staff and consultants based upon independent absorption studies, appraisals and such other data as City staff may deem relevant in the circumstances. To the extent practicable, City staff shall allow an opportunity for Developer to provide input and commentary on such data prior to its publication. Developer hereby represents that it does not anticipate the formation of any community facilities district to finance the needs of any school district arising from development of the Property. (vii) In any such assessment proceeding, Developer shall be entitled to add the value of the land in internal streets (meaning streets within the boundaries of any parcel or subdivision map) to the assessment or other proceedings, subject to the lien -to- value ratios established herein; provided, however, that if the rights -of -way for all streets within the Subject Property are dedicated to City, tide thereto shall not be subject to any assessment lien, nor shall any portion thereof be purchased directly or indirectly by City. (b) Maintenance District Proceedings. City and/or Developer may determine to create maintenance districts to fund maintenance and operating costs for open space areas, trails and trailhead staging areas, wetlands mitigation areas, storm water detention areas, landscaped medians, street lighting and other improvements. Subject to the restrictions and limitations imposed by the legislation adopted pursuant to Proposition 218 and other applicable 10 NN WELLPPWG SkW -dwol agent State and federal laws, City shall diligently process such applications that comply with law and are otherwise regular in form. Developer and/or City shall have the right to form or create such maintenance districts under any mechanism authorized by law where the benefited property may be assessed or charged for payment of such maintenance and operating cost. Developer and/or City may initiate proceedings for formation of such maintenance districts with respect to a portion of the Subject Property to provide for maintenance of improvements for such portion without the consent of the owners of any other portion, to the extent such consent or a protest proceeding is not otherwise required by law, so long as the proceedings are conducted without cost or expense to or liability imposed upon the owners of the other portions of the Subject Property. (c) Disclosure to Future Landowners. Developer shall comply with all applicable laws as to the disclosure of the existence of any financing district to the purchasers of any portion of the Subject Property within such district. Any and all such disclosure documentation shall be filed with the office of the City Manager. City may require the Developer to submit a particular form of disclosure statement, in addition to any disclosure required under applicable law, to prospective purchasers of all or a portion of the Subject Property, provided that Developer is offered -the opportunity to comment on any proposed disclosure statement prior to its publication. (d) Best Efforts Undertaking. Developer acknowledges that the formation of any financing district is subject to protest hearings and, in some cases, voter approval. Although City agrees to use its best efforts to form one or more financing districts in accordance with the foregoing, it shall incur no monetary liability for its failure to form any such financing district. City staff shall meet and confer with Developer from time to time with respect to all major aspects of any financing district, but the final decisions regarding all aspects of such financing districts shall be subject to the review and approval of the City Council. (e) Use of Proceeds. All of the proceeds of the reimbursement agreements or other financial obligations levied or imposed on Benefited Property pursuant to this Section shall be retained for the benefit of City and, together with all interest earned thereon, shall be allocated in the following order of priority no later than ninety (90) days from the date of collection thereof (i) Reimbursement to City of its ordinary and necessary administrative costs incurred in the creation and administration of such reimbursement agreements. (ii) If Developer has loaned or advanced any funds to City to fund the Improvements to which the Proceeds are applicable, to repay or reimburse Developer for such loans or advances, pursuant to Section 3.2.4 of this Agreement. (iii) To reimburse Developer, or otherwise pay, for the costs of the planning, engineering, design, construction, acquisition or expansion of the Improvements to which the Proceeds are applicable. Proceeds shall be applied for such purposes before any fees, taxes, charges, assessments or bond proceeds. 11 N:%kMELLPSb\d= \w level agmt 3.2.3. City's Good Faith In Processing. City shall accept, process and review, in good faith and in a timely manner, (subject to payment of such application fees as may be charged hereunder in connection therewith) all applications required under all applicable laws, ordinances, rules and regulations for use of the Subject Property, in accordance with the terms of this Development Agreement and as required to determine the compliance of such application with applicable legal requirements. The scope of City's review of remaining or supplementary applications for development approvals shall be conducted in accordance with this Development Agreement and then applicable law, to the extent that applicable law does not conflict with this Development Agreement. To the maximum extent possible under the circumstances, applications for further approvals on the Subject Property shall be given priority in processing. 3.2.4. Right Of Reimbursement From Assessment Proceeds. Developer shall have the right to obtain reimbursement in any such assessment proceeding, special tax proceeding or other financing . proceeding undertaken by City, for any costs incurred or fees paid for administration, design and construction of improvements or implementation of mitigation measures that can properly be included in such assessment proceedings, such reimbursement to be made together with interest thereon at the rate of interest being charged on the principal amount of the assessments from which said reimbursement is made or at such other rate as City determines fairly compensates for the cost of the funds to be reimbursed. Article 4. Default, Remedies, Termination. 4.1. General Provisions. 4.1.1. - Event's Of Default And Notice. Subject to extensions of time by mutual consent in writing, or as otherwise provided herein, material failure or delay by any party to perform any term or provision of this First Amended and Restated Development Agreement constitutes a default hereunder. Upon default under this First Amended and Restated Development Agreement or any of its terms or conditions, the party claiming such default or breach shall give the breaching party not less than thirty (30) days written notice of default, measured from the date of personal service or delivery by certified mail, specifying in detail the nature of the alleged default and when appropriate, the manner in which said default may satisfactorily be cured. During any such thirty (30) day cure period, the party charged shall not be considered in default for purposes of termination or institution of legal proceeding. 4.1.2. Remedies. After proper notice and expiration of said thirty (30) day cure period (or such longer period as the party claiming default may specify) without cure, or if such cure cannot be accomplished within such thirty (30) day period, without commencement of cure within such period and diligent effort to effect cure thereafter, the party to this First Amended and Restated Development Agreement that has given notice of default may, at its option, institute legal proceedings to enforce this First Amended and Restated Development Agreement or give notice of intent to terminate this First Amended and Restated Development Agreement, pursuant to Government Code Section 65868. Notice of intent to terminate shall be by certified mail, return receipt requested. Upon delivery by City of notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) days in accordance with Government Code Sections 65867 and 65868. Upon consideration of the evidence presented in said review and a determination by the City Council based thereon, City 12 NWHELLP\SEldo 4 -Gavel agmt may give written notice of termination of this Agreement to the defaulting party. Evidence of default also may arise during annual review pursuant to Section 4.2 below. Any determination of default (or any determination of failure to demonstrate good faith compliance as a pan of annual review) made by City against Developer, or any person who succeeds to Developer with respect to any portion of the Subject Property, shall be based upon written findings supported by substantial evidence in the record. Any purported termination of this Agreement for alleged default shall be subject to review in the Superior Court of the County of Orange pursuant to Code of Civil Procedure § 1094.5(c). 4.1.3. No Waiver. Except as otherwise provided herein, any failure or delay by a party to assert any of its rights or remedies as to any default for a period of not to exceed one (1) year shall not operate as a waiver of any default or of any such rights or remedies; nor shall such failure or delay deprive any such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 4.1.4. Developer's Remedies Limited To Mandamus. City's performance of this First Amended and Restated Development Agreement is comprised of ministerial, non- discriminatory duties that the law specifically enjoins and administrative actions taken as the result of proceedings in which by law hearings are required to be given, evidence is required to be taken and discretion in the determination of facts is vested in City, and, except as otherwise provided in Section 4.1.5 below, Developer shall be entitled to obtain relief only in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any default by City in the performance of its obligations and duties under this First Amended and Restated Development Agreement. Nothing in this Section 4.1.4 shall be deemed to alter the evidentiary standard or the standard of review that applies to any action of or approval by City pursuant to this First Amended and Restated Development Agreement or with respect to the Subject Property. 4.1.5. City Defaults. If City does not accept, review, approve or issue development permits, entitlements or other land use or building approvals, if any, for use in a timely fashion as provided in this First Amended and Restated Development Agreement or defaults in performance of the obligations on its part to be performed hereunder, Developer (or the owner of the portion of the Subject Property to which such default applies) shall have the rights and remedies provided herein or available in law or in equity, including, but without limitation, the right to seek specific performance and/or writs of mandate in an appropriate case. 4.1.6. Default Remedies Limited To Effected Parcel. Notwithstanding anything to the contrary herein contained, where a default has occurred only with respect to a particular lot or parcel, any remedy or right of termination arising hereunder shall apply solely to or with respect to such lot or parcel and affect only the owner thereof and the holders of interests therein. No liability shall be imposed against or apply to any parcel or portion of the Subject Property with respect to which no default has occurred, nor shall any obligation be imposed against or applied to the owner thereof. 4.1.7. Copies Of Default Notices. The owner of any portion of the Subject Property shall have the right to request copies of notice of default given to the owner of any other portion of the Subject Property. City and any owners of other portions of the Subject Property to 13 N:WWELL_Mb` = \.EevM agmt whom such request has been made shall honor the same and provide such notice in the manner and to the address specified in the request. 4.1.8. Breach By Action Of The Electorate. The parties understand that the Development Agreement law authorizes this First Amended and Restated Development Agreement to bind the City even as to actions taken by voters of City. If a court of competent jurisdiction enters a final, non - appealable order to the contrary and City fails or refuses to perform its obligations under this First Amended and Restated Development Agreement solely to comply with a measure adopted by initiative after entry of such a final, nonappealable order subjecting this First Amended and Restated Development Agreement to the effects of legislation adopted by initiative after the Ordinance Date, this First Amended and Restated Development Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Developer's remedies by reason thereof shall be limited to reformation or rescission of this First Amended and Restated Development Agreement. 4.2. Annual Review. Good faith compliance by Developer with the provisions hereof shall be subject to annual review, utilizing the following procedures: 4.2.1. Director Of Development Services. Review shall be conducted by the Director Of Development Services ( "Director "). 4.2.2. Developer's Burden. During review, Developer shall be required to demonstrate good faith compliance with the terms of this First Amended and Restated Development Agreement and provide such documents in connection with such demonstration as the Director may reasonably request. 4.2.3. Director's Decision: Appeal. At the conclusion of the review, Director shall make written findings and determinations on the basis of substantial evidence, whether or not Developer or its successors have complied in good faith with the terns and conditions hereof. Any determination of failure of compliance shall be subject to the notice requirements and cure periods stated in Section 4. 1. Any interested person may appeal the decision of Director directly to the City Council, such appeal to be filed within ten (10) days after Director has rendered his decision in writing or issued a Certificate of Compliance. 4.2.4. Staff Reports. At least ten (10) days prior to the conduct of any such review, Director shall deliver to Developer a copy of any staff reports and documents to be used or relied upon in conducting tie review. Developer shall be permitted an opportunity to respond to Directors evaluation of its performance by written and oral testimony at a public hearing to be held before Director. 4.25. Failure To Comply: Notice Of Termination. If Director determines that Developer (or any person, firm or entity owning a portion of the Subject Property) has not complied with the terms and conditions hereof, Director may recommend to the City Council that City give notice of termination or modification of this First Amended and Restated Development Agreement as provided in Government Code §1 65867 & 65868. If termination is proposed, it shall apply solely with respect to that portion of the Subject Property (if less than all) affected by the failure to show good faith compliance and shall be subject to the provisions of 14 N:WWELLPGbWa \w -dwei agmt Sections 4.1.2 and 4.1.4 hereof. If modification hereof is proposed, the modification shall pertain solely to the provisions hereof that apply to that portion of the Subject Property (if less than all) affected by the condition that has prompted the proposed modification. 4.2.6. Failure To Conduct Review, etc. If City fails either to (i) conduct the annual review for any year, or (ii) notify Developer in writing (following the time during which review is to be conducted) of City's determination as to compliance or noncompliance with the terms of this First Amended and Restated Development Agreement, and such failure remains uncured for sixty (60) days after the date when Developer provides to City notice that such annual review should have been conducted, such failure shall constitute an approval of Developers compliance with the terms hereof for purposes of the annual review to be conducted within said year. 4.2.7. Notice Of Compliance. City shall provide a written "Notice of Compliance" in recordable form, duly executed and acknowledged by City, whether City's annual review has resulted in a determination of compliance or compliance is deemed found pursuant to the preceding subparagraph. Any person owning a portion of the Subject Property shall have the right to record such Notice of Compliance. 4.3. Applicable Law /Attorneys' Fees. This First Amended and Restated Development Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by either party claiming a breach of this First Amended and Restated Development Agreement or to enforce any provision of this First Amended and Restated Development Agreement, or to obtain a declaration of rights hereunder, the prevailing party shall be entitled to actual attorneys' fees, court costs and such other costs as may be fixed by the Court. Article S. Permitted Delays; Effect of Subsequent Laws 5.1. Permitted Delays. Performance by any party of its obligations hereunder (other than for payment of money) shall be excused during any period of "Excusable Delay" as hereinafter defined. Excusable Delay shall also extend the Term hereof for the period of the Excusable Delay or five (5) years, whichever is the shorter. For purposes hereof, Excusable Delay shall include delay beyond the reasonable control of the party claiming the delay (and despite the good faith efforts of such party) including (i) acts of God, (ii) civil commotion, (iii) riots, (iv) strikes, picketing or other labor disputes, (v) shortages of materials or supplies, (vi) damage to work in progress by reason of fire, floods, earthquake or other casualties, (vii) failure, delay or inability of the other party to act, (viii) inability of City, after requests by Developer, to hold hearings necessary to take the actions contemplated in Sections 3.2.2 and/or 3.2.3 hereof, (ix) delay caused by governmental restrictions imposed or mandated by other governmental entities, (x) enactment of conflicting state or federal laws or regulations, (xi) judicial decisions or similar basis for excused performance; (xii) litigation brought by a third party attacking the validity of this First Amended and Restated Development Agreement, any of the approvals, or any permit, ordinance, entitlement or other action necessary for development of the Subject Property or any portion hereof, shall constitute an excusable delay as to the Subject Property or the owner affected; provided, however, that any party claiming delay shall promptly notify the other party (or parties) of any delay hereunder as soon as possible after the same has been 15 N: - W ELLRSMdms \w de el agnu ascertained, and give notice to the other party or patties of the end of the event or condition causing the delay as soon as reasonably possible after cessation of the event or condition causing the delay. 5.2. Arbitration Of Dispute Over Existence Of Excusable Delay. 5.2.1. Disputes Subject, To Arbitration. Any dispute between the parties concerning the existence of Excusable Delay shall be resolved by arbitration. Such arbitration shall be final and binding between the parties, and the order of the arbitrator may be enforced in the manner provided for enforcement of ajudgment of a court of law pursuant to the applicable provisions of the California Code of Civil Procedure. The arbitration shall be conducted in accordance with the procedures set forth in Sections 5.2.2 through 5.2.8 below. 5.2.2. Demand. Any party who has a claim (the "Demanding Party ") hereunder to be resolved through arbitration shall state the claim (the "Claim ") in writing. The Claim shall include (i) the item or matter in dispute, (ii) the Demanding Party's position, and (iii) a specific statement of the exact relief the Demanding Party requests. 5.2.3. Meet And Confer. The patties shall meet and confer in an attempt to resolve the matter raised by the Claim. If they are unable to reach a resolution within thirty (30) days after the date of the Claim, then within ten (10) days thereafter, the Demanding Party shall either (i) restate its Claim, (ii) amend the Claim, or (iii) withdraw the Claim. Failure on the part of the Demanding Party to withdraw or amend the Claim in writing shall constitute a restatement thereof. 5.2.4. Response. If the Claim is not withdrawn within the ten (10) day period provided for in Section 5.2.3 above, the other party (the "Responding Party ") shall, within fifteen (15) days after expiration of the ten (10) day period provided for in Section 5.2.3 above, prepare a response to the Claim (the "Response ") specifying (i) the Responding Party's position on the Claim, and (ii) the exact relief the Responding Party requests. 5.2.5. Submission To Arbitration. The matter or matters in dispute shall be submitted to the arbitrator on the basis of the issue as framed by the Claim (as the same may have been amended pursuant to Section 5.2.3 above) and the Response. The arbitrator shall be a person from the Orange County Area with at least five (5) years experience and professional qualifications in the subject matter in dispute under the Claim and Response. If the parties are unable to agree on the selection of a single person to serve as arbitrator for the resolution of the dispute within thirty (30) days after the date of the Response, then either party shall have the right to apply for the appointment of a duly qualified person to act as arbitrator to the Presiding Judge of the Superior Court of the County of Orange, State of California, and neither party shall have any right to object to the qualifications of said Judge to make such appointment. If the arbitrator resigns or refuses to serve, then a new arbitrator shall be appointed as herein provided. 5.2.6. Hearing. As soon as convenient after appointment, the arbitrator shall meet with the parties to hear evidence and argument on their Claim or Response. The arbitrator shall not be bound by the Rules of Evidence in the conduct of such proceeding although the arbitrator shall take account of said rules in considering the weight of the evidence. To the extent 16 NAKHELLRSbXd= \w evel agmt applicable, the decision of the arbitrator shall conform to law and the arbitrator shall be entitled to retain an independent attorney to advise him as to such questions of law that may arise during the proceeding. In mating a decision, the sole function of the arbitrator shall be to determine whether (i) the relief requested in the Claim, or (ii) the relief requested in the Response is the more appropriate relief to be given in connection with the matter in dispute, and the arbitrator shall have no right to fashion an independent or different result. 5.2.7. Payment Of Costs By The Parties. Each party shall pay one -half (1/2) of the fees and costs of the arbitrator and all of its own costs and attorneys' fees in connection with the arbitration, except that the arbitrator may award to the prevailing party its costs and reasonable attorneys' fees, pursuant to Section 5.2.8. 5.2.8. Award Of Costs And Fees. The arbitrator shall have no right to award costs or attorneys' fees to either party unless the arbitrator determines that the Claim or the Response is based on a position totally lacking in merit or that was asserted for purposes solely of delay, in which caw the arbitrator shall have the right to award costs and attorneys' fees to the Prevailing Party. 5.3. Effect Of Subsequent Laws. If any governmental or quasi - governmental agency other than City adopts any law, regulation or imposes any condition ( "Law "), after the date of this First Amended and Restated Development Agreement that prevents or precludes compliance with one or more provisions of this First Amended and Restated Development Agreement, and the provisions hereof are not entitled to the status of vested right as against such Law, then the provisions of this First Amended and Restated Development Agreement shall, to the extent feasible, be modified or suspended as may be necessary to comply with such Law. Immediately after enactment of any such law, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this First Amended and Restated Development Agreement. Developer shall have the right to challenge such Law and seek a declaration that it does not affect or diminish the provisions hereof. If any such challenge is successful, this First Amended and Restated Development Agreement shall remain unmodified and in full force and effect. Article 6. - Cooperation of City. 6.1. Other Governmental Permits. 6.1.1. City Action. City shall cooperate with Developer in its endeavors to obtain any other permits and approvals as may be required from other governmental or quasi - governmental agencies having jurisdiction over the Subject Property or portions thereof (including without limitation, public utilities or utility districts and agencies having jurisdiction over transportation facilities and air quality issues) and shall, from time to time, at the request of Developerjoin with Developer in the execution of such permit applications and agreements as may be required to be entered into with any such other agency, so long as the action of that nature will not require City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefor. 17 NAKHELLP\Sb\ O S \w- evel agmt 6.1.2. Modification Of First Amended and Restated Development Agreement To Obtain Permits, etc. Permits and approvals required from other agencies may necessitate amendments to this First Amended and Restated Development Agreement and/or to one or more of the approvals or other approvals granted by City. City shall not unreasonably withhold approval of any amendment hereof that is mandated by conditions of approval imposed by any other governmental agency. 6.2. Cooperation In Dealing With Legal Challenge. If any action or other proceeding is instituted by a third party or parties, other governmental entity or official challenging the validity of any provision of the Approvals, the FEIR, or this First Amended and Restated Development Agreement, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such legal action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold hamdess and defend City, and any of its officers, employees or agents for any claim or lawsuit brought to challenge the validity or enforcement of the Vested Components, the FEIR, or this First Amended and Restated Development Agreement, instituted by a third party or another governmental entity or official; provided, however, that if City fails promptly to notify Developer of any legal action against City, or if City fails to reasonably cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse promptly all of City's defense costs including, without limitation, court costs, attorneys fees and expert witness and consultant fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attomeys fees that may be awarded in such action. City shall be entitled to select counsel to conduct its defense in any such action; provided, however, that City shall instruct such counsel to cooperate with Developer as provided in this Section 6.2. Article 7. Mortgagee Protection; Certain Rights of Care. 7.1. Mortgagee Protection. This First Amended and Restated Development Agreement shall be superior and senior to any lien placed upon the Subject Property, or any portion thereof, after the date of recording this First Amended and Restated Development Agreement (other than liens to secure taxes and assessments levied by City to raise funds for construction of improvements or for other public purposes), including the lien of any deed of trust or mortgage ( "Mortgage'). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this First Amended and Restated Development Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ( "Mortgagee ") who acquires tide to the Subject Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. The terms hereof shall be binding upon and effective against any person or entity that acquires title to the Subject Property, or any portion thereof, by foreclosure of or sale under any assessment lien levied by City to raise funds for construction of improvements or for other public purposes. 7.2. Mortgagee Not Obligated. Notwithstanding the provisions of Section 7.1 above, no Mortgagee shall have any obligation or duty under this First Amended and Restated Development Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be 18 N."HELLpSbW, k.,Jewl agmt entitled to devote the Subject Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this First Amended and Restated Development Agreement; and provided further, however, that the purchaser or successor to any such Mortgagee shall not be relieved of any such construction obligations all of which shat] immediately reattach upon conveyance by such Mortgagee. 7.3. Notice Of Default To Mortgagee. If City receives notice from a Mortgagee requesting a copy of any notice of default that may be given to Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed an event of default; and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City's notice. Article 8. Transfers And Assignments. 8.1. Restriction On Transfer Of Developer's Rights And Obligations. Except as provided in Section 8.2 below, Developer shall not sell, assign, transfer, mortgage, hypothecate, or similarly convey (collectively, a "Transfer ") any of Developers rights or obligations hereunder. Developer acknowledges that the identity of Developer is of particular concern to City, and it is because of Developer's identity that City has entered into this First Amended and Restated Development Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this First Amended and Restated Development Agreement. No transfer or assignment hereunder shall be deemed to release Developer from the obligations of Developer hereunder except upon the issuance of a Certificate of Compliance (as defined herein) setting forth such release with specificity. 8.2. Permitted Transfers. Notwithstanding the provisions of Section 8. 1, Developer may make the following "Permitted Transfers," provided that such Permitted Transfers comply in all respects with the Subdivision Map Act, Government Code Sections 66410 et seq. 8.2.1. Upon the prior written approval of City, Developer may transfer this First Amended and Restated Development Agreement, or the Subject Property, to any Transferee, provided that the Transferee has the skill or experience equal to or greater than that of Developer with respect to quality, character, track record, financial ability and reputation, as determined by City in the exercise of its reasonable, good faith business judgement. City consents to the transfer of the residential parcel to WL Homes, doing business as John Laing Homes, or its successor, and to those portions of the Subject Property to be held for wetlands preservation and restoration to the Wildlife Conservation Board, the California Coastal Conservancy or another public or private entity with similar goals, objectives and purposes. 8.2.2. Developer may transfer any common areas or commonly owned improvements, located within the boundaries of a duly filed final parcel map or subdivision map 19 NWHELLP\Sb\ s \w- el agmt and so designated on that map, to an association composed in whole or in part of the owners of lots or parcels within the boundaries of that duly filed final map. 8.2.3. Developer may execute mortgages, deeds of trust, sales and leaseback, or any other form of encumbrance or conveyance required for any reasonable method of financing from an institutional lender with the prior written approval of City (which said approval shall not be unreasonably withheld or delayed), for the purpose of securing loans or funds to be used for financing the direct or indirect costs of the development of the Subject Property (including land development costs, reasonable and customary developer fees, loan fees and costs, and other normal and customary project costs). 8.2.4. Developer may transfer any lot or parcel shown on a duly filed final subdivision map, which said parcel constitutes a lot created for the purposes of residential use in accordance with the terms of the Specific Plan and the other restrictions herein contained, without the prior approval of City. 8.3. Release Of Transferring Developer. Notwithstanding a Transfer, Developer (except with respect to the specific transfers to which City has consented pursuant to Section 8.2.1 which shall result in a release of Developer with respect to the portion of the Subject Property so transferred) shall continue to be obligated under this First Amended and Restated Development Agreement with respect to the portion of the Subject Property that is transferred unless Developer is released from its obligations under this First Amended and Restated Development Agreement by City, in writing, setting forth the remaining obligations, if any, pursuant to this First Amended and Restated Development Agreement (the "Certificate Of Compliance "). Within fifteen (15) days after written demand from Developer, City shall issue a Certificate of Compliance that shall be recorded with respect to the portion of the Subject Property affected thereby and that is released from further obligations under this First Amended and Restated Development Agreement. The Certificate of Compliance shall state with specificity the completed obligations of Developer and the continuing or remaining obligations of Developer. Notwithstanding any other provision to the contrary contained in this First Amended and Restated Development Agreement, City shall not be required to issue a Certificate of Compliance during any period in which Developer is in default in performance of its obligations hereunder. Notwithstanding the foregoing (and anything to the contrary herein contained), the filing of. the final subdivision map with respect to the portion of the Subject Property to be developed for residential uses under the CDP Conditions shall constitute the Certificate Of Compliance with respect to that portion of the Subject Property included within the boundaries of the final subdivision map and a release of all obligations under this First Amended and Restated Development Agreement with respect to that portion of the Subject Property except those obligations expressly made a condition of filing said final subdivision map. 8.4. No Third Parties Benefited. No third party that is not a party hereto or a successor or assign of a party hereto, may claim the benefits of any provision hereof -, and any third party so benefited in fact shall have no rights greater than those that would be held by any member of the public affected by such actions or enactments without regard to this First Amended and Restated Development Agreement. N:WWELLCSbWMSNW4Vel agmt 8.5. Covenants Run With The Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this First Amended and Restated Development Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entity acquiring the Subject Property, any lot, parcel or any portion thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this First Amended and Restated Development Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Subject Property hereunder, or with respect to any City owned property or property interest, (i) is for the benefit of such properties and is a burden upon such property, (ii) tuns with such properties, and (iii) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person or entity having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each party and its property hereunder, and each other person or entity succeeding to an interest in such properties. - Article 9. Release Of Obligations As To Developed Portions Of Subject Property. 9.1. Statement Of Purpose. In this Article 9, the parties desire to provide for a discharge of the obligations of the First Amended and Restated Development Agreement upon filing of a final subdivision map or parcel map with respect to any portion of the Subject Property so that City and the purchaser (or purchasers) and encumbrancer (or encumbrancers) of any such lot or parcel need not be concerned with any of the obligations herein contained other than those made pertinent to such lot or parcel as a condition of filing of the final subdivision map or parcel map creating the same. 9.2. Release. All obligations of Developer shall be deemed discharged and fulfilled with respect to lots or parcels shown on duly filed final subdivision maps or parcel maps, subject to compliance with (i) the conditions imposed in connection with such filing, and (ii) the conditions upon issuance of building permits with respect to structures to be located thereon imposed pursuant to this First Amended and Restated Development Agreement. No such final subdivision map or parcel map shall be subjected to filing conditions that shall cause or require Developer to perform obligations with respect to the lands so divided in excess of those obligations required pursuant to the Vested Components. Such final subdivision map or parcel map shall be deemed to establish compliance with the requirements hereof to the full extent of a Certificate of Compliance or Estoppel Certificate provided pursuant to Section 11.7. Article 10. Amendment. 10.1. General Provision. This First Amended and Restated Development Agreement may be amended in the manner provided in the Development Agreement Legislation, except as otherwise expressly provided herein. 21 NA"ELLPSbWwsS\ level agmt 10.2. Administrative Amendments. Any provision hereof or of the Vested Components that does not (i) change the density, intensity or nature of the uses permitted on the Subject Property, (u) diminish the areas to be dedicated for public purposes, or (iii) materially reduce Developer's improvement obligations with respect to any portion of the Subject Property, may be adopted and implemented as an administrative matter, without action by the City Council, by the City Manager and Developer (or the successor to Developer with respect to the portion of the Subject Property affected by the administrative amendment). Any such amendment shall take effect fifteen (15) days after execution thereof by both parties with written notice hereof to the members of the City Council by delivery to the City Clerk. 103. City Waivers. City may waive, reduce the burden of or revise the Vested Components as they apply to any portion of the Subject Property with the consent of the owner of such portion, so long as: (i) the waiver, reduction or revision does not conflict with the land uses, improvement or mitigation requirements of the Vested Components (or any permit or approval granted thereunder), (ii) such reduction or waiver does not increase the burden imposed upon a portion of the Subject Property owned by any other owner, and (iii) the waiver, reduction or revision does not conflict with the CDP Conditions. 10A. Right Of Amendment. No owner of less than all. of the Subject Property shall have the right to seek or consent to amendment of the terms hereof, to terminate this First Amended and Restated Development Agreement or enter into an agreement to rescind any provisions hereof in a manner that is binding upon or affects any of the Subject Property other than that owned in fee simple by said owner. City's review of an amendment to this First Amended and Restated Development Agreement shall be limited to consideration of the proposed modification solely as it relates to the portion of the Subject Property directly impacted by the modification or as it relates to the specific obligations of the person, rum or entity that owns fee simple title to the land affected by such modification, as the case may be. No unrelated amendments shall be entertained or conditions imposed by City as a condition to approving a proposed amendment. Article 11. General Provisions. 11.1. Project is a Private Undertaking. The development proposed to be undertaken by Developer on the Subject Property is a private development. Except for that portion thereof to be devoted to public improvements to be constructed by Developer in accordance with the Vested Components, City has no interest in, responsibility for or duty to third persons concerning any of said improvements; and Developer shall exercise full dominion and control over the Subject Property, subject only to the limitations and obligations of Developer contained in this First Amended and Restated Development Agreement. Developer shall hold and save City harmless and indemnify it of and from any and all loss, cost, damage, injury or expense, arising out of or in any way related to injury to or death of persons or damage to property that may arise by reason of the physical development of the Subject Property pursuant to this First Amended and Restated Development Agreement; provided, however, that the foregoing indemnity shall not include indemnification against (i) suits and actions brought by Developer by reason of City's default or alleged default hereunder, or (ii) suits and actions caused solely by or resulting solely from City's material acts or omissions, or (iii) suits and actions arising from the sole negligence or willful misconduct of City; provided further, 22 N.\"ELLP\a^b\d= \w -d"el agmt however, that the foregoing indemnity shall not apply to claims pertaining to ownership and operation of those portions of the Subject Property dedicated to and accepted by City arising from and after the dedication thereof. 11.2. Notices, Demands and Communications Between The Parties. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if personally served or mailed by registered or certified mail, postage prepaid, return receipt requested, to the addresses of City or Developer stated on the signature page hereto. Notice may also be given by telephone facsimile to the telephone numbers given on the signature page, with a confirming copy of the facsimile communication mailed on the same day as above provided. Notices and demands shall be effective upon receipt. Such written notices, demands, correspondence and communications may be sent in the same manner to such other persons and addresses as either party may from time -to -time designate by notice as provided in this section and the foregoing addresses may be changed by notice given as herein provided. . 113. No Joint Venture or Partnership. Nothing contained in this Development Agreement or in any document executed in connection with this First Amended and Restated Development Agreement shall be construed as creating ajoint venture or partnership between City and Developer. 11.4. Severability. If any provision of this First Amended and Restated Development Agreement is held invalid, void or unenforceable but the remainder of the First Amended and Restated Development Agreement can be enforced without failure of material consideration to any party, then the First Amended and Restated Development Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the parties. If any material provision of this First Amended and Restated Development Agreement is held invalid, void or unenforceable, however, the owner of any portion of the Subject Property affected by such holding shall have the right in its sole and absolute discretion to terminate this First Amended and Restated Development Agreement as it applies to the Subject Property so affected, upon providing written notice of such termination to City. 11.5. Interpretation. To the maximum extent possible, this First Amended and Restated Development Agreement shall be construed to provide binding effect to the Vested Components, to facilitate use of the Subject Property as therein contemplated and to allow development to proceed upon all of the terms and conditions applicable thereto, including without limitation, public improvements to be constructed and public areas to be dedicated. 11.6. Completion Or Revocation. Upon completion of performance by the parties or revocation of this First Amended and Restated Development Agreement, a written statement acknowledging such completion or revocation, signed by the appropriate agents of City and Developer shall be recorded in the Office of the Recorder of Orange County, California. 11.7. Estoppel Certificate. Either party may, at any time, and from time to time,. (but no more frequently than four (4) times in any calendar year) deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this First Amended and Restated Development Agreement is in full force and effect 23 N.* W ELLPSbW= \w evel agmt and a binding obligation of the parties, (ii) this First Amended and Restated Development Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this First Amended and Restated Development Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate or give a written detailed response explaining why it win not do so within thirty (30) days following the receipt thereof. Each party acknowledges that such a certificate may be relied upon by third parties acting in good faith. A certificate provided by City establishing the status of this First Amended and Restated Development Agreement with respect to any lot or parcel shall be in recordable form and may be recorded with respect to the affected lot or parcel at the expense of the recording party. Failure to deliver such a certificate or a written denial within the time specified above shall constitute a conclusive presumption against the party failing to provide the certificate that this First Amended and Restated Development Agreement is in full force and effect, without modification, except as may be represented by the requesting party; and that there are no uncured defaults in the performance of the requesting party except as may be so represented. 11.8. Construction. All parties have been represented by counsel in the preparation of this First Amended and Restated Development Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. This First Amended and Restated Development Agreement fully supersedes and replaces the Development Agreement which shall have no further force or effect. 11.9. Counterpart Execution. This First Amended and Restated Development Agreement may be executed in any number of counterparts and shall be deemed duly executed when each of the parties has executed such a counterpart. 11.10. Time. Time is of the essence of each and every provision hereof. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement as of the day and year lust above written. "City" CITY OF SEAL BEACH, a Municipal Corporation of the State of California 211 8th Street Seal Beach, CA 90740 -6379 (562) 431 -2527 By: Patty Campbell Mayor ATTEST: 24 N ;LL ELLP\Sb\ = \w -a agmt LE Joanne M. Yen City Clerk "Developer" HELLMAN PROPERTIES, LLC Attn: F. Jerome Tone, Agent 980 Fifth Ave, Suite 202 San Rafael, CA 94904 By: Its: APPROVED AS TO FORM By: Quinn M. Barrow City Attorney 25 N:W WELLP\SE\d=4 -devel agmt EXHIBIT A DESCRIPTION OF SUBJECT PROPERTY (Hellman Properties LLC - Hellman Ranch Property) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATE[) IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTION 11 AND OF THE WEST HALF OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 12 WEST, WITHIN LOT C -I OF THE RANCHO LOS ANGELES, AS PER MAPS I AND 2 FILED IN DECREE OF PARTITION, IN THE SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PAGE 31 OF DEEDS IN THE OFF[CE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT C -1, ALSO BEING THE SOUTHEASTERLY LINE OF THE STRIP OF LAND 100 FEET IN WIDTH OF THE LOS ANGELES GAS AND ELECTRIC CORPORATION, WITH A LINE PARALLEL WITH AND SOUTHERLY 1056.14 FEET FROM THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 11, SAID INTERSECTION BEING ALSO THE NORTHWESTERLY CORNER OF LOT 18 OF TRACT NO. 1817 AS PER MAP RECORDED IN BOOK 82, PAGES 26 TO 31 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE; THENCE, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, AND ALONG THE NORTHERLY BOUNDARY OF TRACT NO. 2590 AS PER MAP RECORDED IN BOOK 82, PAGES 32 TO 39 INCLUSIVE OF SAID MISCELLANEOUS MAPS, THE FOLLOWING COURSES: SOUTH 89 DEGREES 47' 55" EAST 535.26 FEET; SOUTH 17 DEGREES 39'50" EAST 224.72 FEET; SOUTH 58 DEGREES 14'20" EAST 233.06 FEET; NORTH 83 DEGREES 25' 10" EAST 483.32 FEET; NORTH 67. DEGREES 58' 55" EAST 235.00 FEET; NORTH 13 DEGREES 25'35" EAST 110.30 FEET; NORTH 54 DEGREES 00'10" EAST 139.31 FEET; SOUTH 89 DEGREES 47'55" EAST 2640.57 FEET; AND SOUTH 44 DEGREES 52'03" EAST 548.68 FEET TO THE WESTERLY LINE OF BAY BOULEVARD; THENCE, ALONG SAID WESTERLY LINE, NORTH 30 DEGREES 38' 00" EAST 1702.41 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE REDEVELOPMENT CENTER OF THE CITY OF SEAL BEACH, RECORDED FEBRUARY 27, 1976 IN BOOK 11659, PAGE 1767 OF OFFICIAL RECORDS; THENCE NORTH 65 DEGREES 43'42" WEST 1344.43 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS 26 NARHELLFlSb` =o .-dwel agmt CONTAINING 124.077 ACRES ON A MAP FILED IN BOOK 83, PAGE 22 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL C1 -104 IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JANUARY 27, 1961 IN BOOK 5609, PAGE 69 OF OFFICIAL RECORDS; THENCE, ALONG THE BOUNDARY OF SAID LAND, NORTH 89 DEGREES 48'27 " WEST 380.00 FEET; NORTH 53 DEGREES 34'46" WEST 1116.68 FEET; NORTH 89 DEGREES 48'02" WEST 310.00 FEET; AND NORTH 0 DEGREES 09'46" EAST 60.85 FEET TO THE BOUNDARY LINE BETWEEN STATIONS 1 AND 2 OF LOS ANGELES AND ORANGE COUNTIES, AS SURVEYED BY THE COUNTY SURVEYOR OF SAID LOS ANGELES COUNTY, AND ESTABLISHED BY THE CALIFORNIA LEGISLATURE IN 1919, AND AS SHOWN ON LOS ANGELES COUNTY SURVEYOR'S MAP NO. 8175 RECORDED IN BOOK 39, PAGE 52 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY; THENCE SOUTH 57 DEGREES 06' 51" WEST 2979.04 FEET TO THE INTER - SECTION WITH THE LINE DESCRIBED IN SEAL BEACH BOUNDARY AGREEMENT NO. 2, AS DESCRIBED IN DOCUMENT NO. 4989 RECORDED APRIL 8, 1968 IN BOOK 9565, PAGE 1 OF OFFICIAL RECORDS; THENCE, ALONG SAID AGREEMENT LINE, BEING ALSO THE RANCHO LOS ALAMITOS LINE BETWEEN STATIONS 50 AND 51, AS PER MAP NO. 2 OF A PARTITION OF SAID RANCHO, FILED IN DECREE OF PARTITION IN SUPERIOR COURT CASE NO. 13527, IN THE SAID COUNTY OF LOS ANGELES, A COPY OF WHICH WAS RECORDED JANUARY 29, 1891 IN BOOK 700, PAGE 141 OF DEEDS IN SAID COUNTY RECORDER'S OFFICE OF LOS ANGELES COUNTY, A COPY OF WHICH WAS RECORDED MARCH 12,1891 IN BOOK 4, PAGE 31 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 37 DEGREES 51' 40" EAST 465.20 FEET ALONG SAID AGREEMENT LINE AND RANCHO LINE, TO STATION So OF THE RANCHO LOS ALAMITOS; THENCE SOUTH 54 DEGREES 3705" WEST 613.07 FEET, CONTINUING ALONG SAID RANCHO LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM, THAT PORTION CONVEYED TO THE CITY OF LOS ANGELES BY DEED RECORDED FEBRUARY 15, 1961 IN BOOK 3629, PAGE 527 Of OFFICIAL RECORDS. (Southern California Edison) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT, IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL A: THAT PORTION OF TIDE LAND LOCATION NO. 137 "SURVEY NO. 106 ". AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12, 1901, AND 27 N:WWELLP\Sb\EOCs \wdevel agmt RECORDED APRIL 27, 1901 IN BOOK 9, PACE 105, OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PACE 231, Of PATENTS, RECORDS OF ORANGE COUNTY, DESCRIBED IN THAT CERTAIN DEED TO SOUTHERN CALIFORNIA .EDISON.COMPANY DATED NOVEMBER 30, 1976 AND RECORDED FEBRUARY 18, 1977 AS INSTRUMENT NO. 23970 IN BOOK 12075, PAGE 340, Of OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY. EXCEPTING THEREFROM ANY PORTION THEREOF INCLUDED IN THAT CERTAIN PARCEL OF LAND DESCRIBED AND DESIGNATED AS PARCEL 13 OF EXHIBIT "D" IN THAT CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23,1970 AS INSTRUMENT NO. 14119 IN BOOK 9272, PAGE 102 AND FOLLOWING, OF SAID OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 50.00 FEET THEREOF. (Southern California Edison) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH HALF OF TIM NORTHEAST QUARTER, ALL OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 12, WEST, IN THE RANCHO LOS ALAMITOS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, AS CASE NO. 13527, A CERTIFIED COPY OF SAID DECREE HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PACE 31 OF DEEDS OF. SAID ORANGE COUNTY AND THAT PORTION OF TIDE LAND LOCATION NO. 137 "SURVEY No. 106 ", AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12,1901, AND RECORDED APRIL 27,1901 IN BOOK 9, PAGE 105 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PAGE 231 Of PATENTS RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A ", HEREINBEFORE REFERRED TO IN PARCEL 1; THENCE SOUTH 0° 10' 24" WEST, 419.23 FEET TO A 4 INCH PIPE SET IN CONCRETE MARKED LAG 40; THENCE SOUTH 540 48'00" WEST, 2721.05 FEET TO STATION NO. 50 OF SAID RANCHO; THENCE CONTINUING SOUTH 540 48'00", WEST, 613.69 FEET TO A POINT ON THE EASTERLY LINE OF THE PACIFIC COAST HIGHWAY AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 2, 1929 IN BOOK 332, PAGE 237 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; N:WWELLPSb\d= \w-d vel agml THENCE NORTH 00 54'57" WEST, 120.93 FEET ALONG SAID EASTERLY LINE OF THE PACIFIC COAST HIGHWAY; THENCE NORTH 54° 48' 00" EAST, 3058.35 FEET; THENCE NORTH 270 29'12" EAST, 278.25 FEET; THENCE NORTH 01 10'24" EAST, 146. 18 FEET TO SAID 4 INCH PIPE SET IN CONCRETE MARKED LAG 37, HEREINBEFORE REFERRED TO IN PARCEL 1; THENCE NORTH 570 10'40" EAST, 119.22 FEET TO SAID POINT "A" AND THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND DESIGNATED PARCEL 13 OF EXHIBIT "D" IN THAT CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23, 1970 IN BOOK 9272, PAGE 140 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PROPERTY DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 2,1981 IN BOOK 13934, PAGE 1637 OF OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER MINERALS OR HYDROCARBON SUBSTANCES IN AND UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND, WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND, AS EXCEPTED AND RESERVED IN THOSE CERTAIN DEEDS RECORDED SEPTEMBER 26, 1924 IN BOOK 542, PAGE 120 OF DEEDS AND RECORDED FEBRUARY 15, 1961 IN BOOK 5620, PAGE 527, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (City of Seal Beach Redevelopment Agency) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS: - PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. x•x+ 29 NMWELLP'SbWccs \w -devel a9mt EXHIBIT B DRAFT CDP CONDITIONS 30 N:WWELLPSb`d=oe eve agmt STATE OF CALIFORNIA -THE RESOURCES AGENCY GRAY DAMS, Go"mor CALIFORNIA COASTAL COMMISSION pa Page. 1 of 19 South Coast Are e: Area Office 9 200 Oceangate, Su6e 1000 Date: C Lang Beach, 90602 <302 sea1 DRAFT Permit Application No.: 5 -97- 367 -A1 Long 01/22/2001 2:06 PM NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Coastal Development Permit 5 -97 -367 granted to Hellman Properties LLC consisting of: Subdivide 196 acre site into 9 parcels, including subdivision of one parcel into 70 single - family residential lots in a private community; construct a public golf course (including 6.8 acres of marsh integrated into the golf course) and golf clubhouse; dedicate Gum Grove Park to the City of Seal Beach; create 26.0 acres of saltwater marsh and reserve existing oil production areas for future wetland restoration; construct interpretive areas, dedicate public access trails, and visitor - serving recreation facilities; extend Adolfo Lopez Drive, and conduct an archaeological testing program, has been amended. On October 11, 2000, the California Coastal Commission granted to Hellman Properties LLC Coastal Development Permit Amendment 5- 97- 367 -A1, subject to the attached conditions, for development consisting of: Change the proposed project description to eliminate a 100 acre golf course and associated wetland impacts and wetland restoration; add a deed restriction reserving lowlands for acquisition for wetlands restoration; expand the footprint of 70 -lot residential subdivision from 14.9 acres to 18.4 acres; reduce mass grading from 1.6 million cubic yards to 420,000 cubic yards; and include changes to the language of previously imposed special conditions ...more specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at Hellman Ranch; N.E. of PCH (State Route 1), S.E. of the San Gabriel River, south of Adolfo Lopez Drive, West of Seal Beach Blvd, and North of Marina Hill, Seal Beach. The actual development permit is being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these conditions have been fulfilled, the permit will be issued. For your information, all the imposed conditions are attached. Issued on behalf of the California Coastal Commission on PETER DOUGLAS By: Executive Director Title: Coastal Program Analyst ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit Amendment No. 5 -97- 367 -A1, and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. cation No. 5 -97- 367 -A1 Page 2 of 19 DRAFT 01/22/2001 2:06 PM STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. SPECIAL CONDITIONS PREVIOUSLY IMPOSED BY THE COMMISSION RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR WETLANDS RESTORATION [Deleted]. See Special Condition 16. REVISED VESTING TENTATIVE TRACT MAP NO. 15381 [Deleted]. See Special Condition 27 STATE LANDS PARCEL [Deleted]. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 3 of 19 DRAFT 01/2212001 2:06 PM 4. GUM GROVE PARK [Deleted]. See Special Condition 17 5. PUBLIC ACCESS PROGRAM [Deleted]. See Special Condition 18 6. ARCHAEOLOGY [Deleted]. See Special Condition 27 7. WATER QUALITY PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a National Pollutant Discharge Elimination System permit ( "NPDES'), Storm Water Pollution Prevention Plan, and Structural and Non - structural Best Management Practices for the proposed project, in compliance with the standards and requirements of the California Regional Water Quality Control Board. The applicant shall implement and comply with the water quality measures approved by the Executive Director. Runoff from the site shall be directed to the Los Alamitos retarding basin to the maximum extent feasible. The permittee shall comply with mitigation measures WQ -5 through WQ -10 inclusive as approved by City of Seal Beach City Council resolution 4562. HAZARDS Mitigation Measures WQ -1, WQ -2, WQ -3, WQ-4, GEO -1, GEO -2, GEO -3, GEO-4, GEO -5, GEO-6, GEO -7, and GEO -8 as shown on Exhibit B of City of Seal Beach City Council Resolution 4562 certifying the Hellman Ranch Specific Plan Environmental Impact Report on September 22, 1997 (Exhibit 11 of the September 9, 1996 Staff Report) are hereby incorporated by reference as special conditions of this coastal development permit. 9. FUTURE CONSTRUCTION OF HOMES ON THE MESA This coastal development permit does not approve development on the lots created by Vesting Tentative Tract Map No. 15402. A future coastal development permit(s) is required for development, such as site preparation, construction of streets, common walls and landscaping, and construction of the actual homes, etc. on the site. Construction spoils, materials, and equipment shall not be placed in any wetland areas. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 4 of 19 DRAFT 01/22/2001 2:06 7M 10. LEGALINTEREST PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, written documentation demonstrating that it has the legal ability to carry out all conditions of approval of this permit. 11. WETLANDS RESTORATION AREA / CONSERVATION [Deleted]. 12. FINAL WETLAND RESTORATION PROGRAM [Deleted]. 13. GOLF COURSE OPERATIONS AND GOLFER WETLAND EDUCATION PROGRAM [Deleted]. 14. RESIDENTIAL DEVELOPMENT - TIMING OF CONSTRUCTION [Deleted]. SPECIAL CONDITIONS FROM COASTAL DEVELOPMENT PERMIT AMENDMENT 5 -97- 367 -A1 APPROVED BY THE COMMISSION ON OCTOBER 11, 2000: 15. PRIOR CONDITIONS Unless specifically altered by this amendment, all regular and special conditions attached to coastal development permit 5 -97 -367 remain in effect. 16. RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR WETLANDS RESTORATION A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director which shall provide that: (1) For a period of twenty -five years, the applicant agrees to sell the lowlands area of the property as defined in "Attachment 1" (as revised pursuant to subsection B. of this condition) to any public agency or ication No. 5 -97- 367 -A1 Page 5 of 19 DRAFT 01/22/2001 2:06 PM non -profit association acceptable to the Executive Director that requests in writing to purchase the property or, through the normal State of California land acquisition practices if the State is the prospective buyer; and, (2) The sale shall be at fair market value as established by an appraisal paid for by the buyer and prepared by an appraiser mutually acceptable to the buyer and applicant, or, if the parties are unable to agree, by an appraiser designated by third party, or if the buyer and applicant agree through an arbitration on value; and, (3) The uses shall be restricted to wetlands restoration, open space and environmental education purposes, with reversion rights to the State Coastal Conservancy. The deed restriction shall remain in effect for twenty -five years and be recorded over the lowlands area of the property and shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission - approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director, a revised "Attachment 1 " consisting of a map, prepared by an appropriately licensed professional, which (i) depicts the area to be deed restricted pursuant to subsection A. of this condition and Special Condition 28, (ii) which maintains this restriction over at least 100 acres, (iii) which removes those areas necessary for the bio -swale and water quality basin and rapter farag4,a44ab"a4-from the area to be deed restricted pursuant to subsection A. of this condition and (iv) which off -sets the removal of those areas from the deed restriction with other land within the project site suitable for a deed restriction pursuant to subsection A. of this condition. Note: Special Condition 16 replaces Special Condition 1 in its entirety. 17. GUM GROVE PARK PRIOR TO THE ISSUANCE OF RESIDENTIAL BUILDING PERMITS, the applicant shall submit, for the review and approval of the Executive Director, written evidence demonstrating that the area known as Gum Grove Nature Park and as delineated as Lot 3 of proposed Vesting Tentative Tract Map NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 6 of 19 DRAFT 01122120012:06 PM 15381 has been dedicated in fee to the City of Seal Beach, as proposed by the applicant. The dedication documents shall provide that: (a) The park shall be preserved in perpetuity as a passive recreational nature park open to the public. Active recreational activities or commercial facilities shall be prohibited. (b) Necessary parking facilities which are the minimum required to serve the park and which meets Americans with Disabilities Act requirements shall be provided. The existing twenty (20) striped parking spaces for Gum Grove Park shall be maintained. (c) All trails within the dedicated park area shall be constructed to be accessible to persons with disabilities consistent with the Americans with Disabilities Act requirements. No trails shall be lighted in order to minimize impacts on wetlands. (d) Small scale interpretive signage which describes the Monarch Butterfly may be permitted if approved by the Executive Director. (e) Gum Grove Park shall be open from dawn to dusk (one hour after sunset) on a daily basis. Changes in hours of operation of Gum Grove Park shall require an amendment to this permit unless the Executive Director determines that an amendment is not required. (f) Signage shall be conspicuously posted which states that the park is open to the general public. (g) That portion of proposed Lot 3 of Tentative Tract Map No. 15381, comprised of an approximately 25 foot wide strip of land which borders Seal Beach Boulevard and extends west from Seal Beach Boulevard to connect with the primarily used part of Gum Grove Park, shall be subject to the following requirements: (1)The frontage along Seal Beach Boulevard shall not be gated, fenced, or obstructed in any manner which prevents public access from Seal Beach Boulevard. (2)The area shall be reserved for a public trail and parking lot, which are visible, and directly accessible to the public from Seal Beach Boulevard, and which lead from Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking lot area shall be large enough for a minimum of ten (10) parking spaces. Where it is not feasible to reserve enough public parking area on this portion of proposed Lot 3, public parking directly accessible from Seal Beach Permit Application No. 5 -97- 367 -A1 Page 7 of 19 DRAFT 01/2212001 2:06 PM Boulevard shall be provided for on proposed Lot 2 of Tentative Tract Map No. 15381 adjacent to proposed Lot 3, in accordance with the provisions of Special Condition 18.B. of this permit. (h) Domesticated animals (including, but not limited to, dogs) shall be leashed and under the control of the Party responsible for the animal at all times within Gum Grove Park. Note: Special Condition 17 replaces Special Condition 4 in its entirety. 18. PUBLIC ACCESS PROGRAM A. Public Access Signage. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, a detailed signage plan which provides for the installation of signs clearly visible from Pacific Coast Highway and Seal Beach Boulevard which invite and encourage the public to use the public access, parking, and recreation opportunities proposed at Gum Grove Park, and the public access trail and public parking linking Gum Grove Park to Seal Beach Boulevard. Key locations include but are not limited to; 1) Gum Grove Park, both at its western entrance and at the proposed Seal Beach Boulevard entrance. The plans shall indicate the location, materials, dimensions, colors, and text of the signs. The permittee shall install the signs in accordance with the signage plans approved by the Executive Director. B. Residential Community Streets (Vesting Tentative Tract Mao No. 15402). PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide that: 1) public pedestrian and bicycle access to the streets and sidewalks constructed within the area subject to Vesting Tentative Tract Map No. 15402 shall not be precluded, 2) no locked gates, walls, fences, or other obstructions prohibiting public pedestrian or bicycle access to the streets and sidewalks constructed within the area subject to Vesting Tentative Tract Map No. 15402 shall be permitted, 3) no requirement to allow public vehicular access over the private streets is necessary if the applicant is willing to provide public parking within Gum Grove Park and a separate vehicular entrance from Seal Beach Boulevard to said public parking, 4) if fewer than the ten (10) public parking spaces required by Special Condition 17.(8)(2) of this permit can be constructed on proposed Lot 3 of Vesting Tentative Tract Map No. 15381, the portion of the area subject to Vesting Tentative Tract Map No. 15402 closest to Lot 3 shall be reserved for the balance of the public parking spaces so that the parking spaces are directly accessible from Seal Beach Boulevard. The deed restriction shall be recorded over the entire area subject to Vesting Tentative Tract Map No. 15402 and shall run with the land, NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 8 of 19 DRAFT 01/22/2001 2:06 PM binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission - approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. C. Revised Vesting Tentative Tract Map No. 15402. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two copies of a revised vesting tentative map for Tract No. 15402 if: (1) all of the ten public parking spaces required under Special Condition 17.(g)(2) cannot be built on proposed Lot 3 of Vesting Tentative Tract Map 15381, and/or (2) the entities with jurisdiction over Seal Beach Boulevard do not approve a separate vehicular entrance off of Seal Beach Boulevard to said public parking spaces. The revised map shall show: (1) the locations and design of said public parking spaces which cannot be built on Lot 3 and instead shall be built on the portion of the area subject to Vesting Tentative Tract Map No. 15402 closest to Lot 3, and 2) the location of the public street which connects the public parking required under Special Condition 17.(8)(2) of this permit with the entrance to the subdivision proposed by Vesting Tentative Tract Map No. 15402. The revised map shall be accompanied by written documentation demonstrating that the governmental agencies which have jurisdiction over Seal Beach Boulevard and parking space standards have approved the revised map. The applicant shall record the revised map approved by the Executive Director. D. Construction of Trail and Parking Lot. PRIOR TO COMMENCEMENT OF CONSTRUCTION OF THE HOUSES WITHIN THE AREA SUBJECT TO VESTING TENTATIVE TRACT MAP NO. 15402, the applicant shall construct a public access trail and parking lot, which are visible and directly accessible to the public from Seal Beach Boulevard, which lead from Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking lot shall contain a minimum of ten (10) parking spaces and shall be directly accessible from Seal Beach Boulevard. Where it is not feasible to construct the public parking and vehicular entrance on this portion of proposed Lot 3 of Vesting Tentative Tract Map No. 15381, public parking directly accessible from Seal Beach Boulevard shall be constructed on proposed Lot 2 of Tentative Tract Map No. 15381 (i.e., the area subject to Vesting Tentative Tract Map No. 15402) immediately adjacent to proposed Lot 3, in accordance with the provisions of Special Condition 18.8 of this permit. Note: Special Condition 18 replaces Special Condition 5 in its entirety. Permit Application No. 5 -97- 367 -A1 Page 9 of 19 DRAFT 01/22/2001 2:06 PM 19. ARCHAEOLOGY For purposes of this condition, "OHP" shall mean the State Office of Historic Preservation, and "NAHC" shall mean the state Native American Heritage Commission. A. Research Design. The permittee shall undertake the proposed archaeological investigation in conformance with the proposed archaeological research design entitled A Research Design for the Evaluation of Archaeological Sites within the Hellman Ranch Specific Plan Area dated November 1997 prepared by KEA Environmental, Inc. for the City of Seal Beach. Prior to issuance of the coastal development permit for the archeological investigation, the applicant shall submit written evidence, subject to the review and approval of the Executive Director, that copy of the archaeological research design has been submitted to the OHP, the NAHC, and the Native American person /group from the Juaneno /Aciachemem. Gabrielinorronqva, or Luiseno ep op.e designated or deemed acceptable by the NAHC, for their review and comment. An amendment to this permit shall be required for any changes to the research design suggested by OHP, NAHC, or the Native American group /person unless the Executive Director determines that an amendment is not required. B. Selection of Archaeologist(s) and Native American Monitor(s). The archaeologist(s) selected by the City shall meet the United States Department of Interior minimum standards for archaeological consultants, as also endorsed by the OHP. The City shall select the Native American monitor(s) in compliance with the "Guidelines for monitors /consultants of Native American cultural, religious and burial sites" issued by the NAHC, and in consultation with the appropriate Native American person /group from the Juaneno /Aciachemem. Gabrielinorrongva. or Luiseno people deemed acceptable by the NAHC. C. Post - Investigation Mitigation Measures. Upon completion of the archaeological investigation, and prior to the commencement of construction of any development approved by this coastal development permit (other than archaeological investigation activities or subdivision), the applicant shall submit, for the review and approval of the Executive Director, a written report regarding the following: 1) a summary of the findings of the archaeological investigation, and 2) a final written mitigation plan which shall identify recommended mitigation measures, which may include capping of archaeological sites, data recovery and curation of important archaeological resources as defined by the California Environmental Quality Act, and detailed additional mitigation measures which need to be implemented. The applicant shall also submit for review and approval of the Executive Director, a signed contract with a City - selected archaeological consultant that provides for archaeological salvage that follows current accepted NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 10 of 19 DRAFT 01/22/2001 2:06 PM professional practice, if additional archaeological data recovery measures are determined appropriate. The written report and additional mitigation measures shall also be submitted to the OHP and the appropriate Native American person /group from the Juaneno /Aciachemem. Gabrielino/Tongva or Luiseno people designated or deemed acceptable by the NAHC. An amendment to this permit shall be required to implement any additional mitigation measures unless the Executive Director determines a permit amendment is not required. D. Implementation of Mitigation Measures and Summary of Fieldwork. Prior to commencement of site preparation, grading, and construction activities for any development (other than archaeological investigation activities) located within a fifty foot.(50') radius of the furthest boundary of each state - identified archaeological site as delineated in the archaeological research design, all of the requirements of Special Conditions 19.A., 19.B., and 19.C. shall have been met. All development shall occur consistent with the final plan required by Special Condition 19.C. A written synopsis report summarizing all work performed in compliance with Special Conditions 19.A, 193, and 19.0 shall be submitted to the Executive Director, OHP, the NAHC and the person /group from the Juaneno /Aciachemem Gabrielino/Tongva or Luiseno people designated or deemed acceptable by the NAHC, wi thin six (6) weeks of the conclusion of field work. No later than six months after completion of field work, a final report on the excavation and analysis shall be submitted to the Executive Director, OHP. the NAHC ^^4" " 44G _and the Verson /group from the Juaneno /Aciachemem. Gabrielino/Tongva or Luiseno people designated or deemed acceptable by the NAHC. E. Monitoring of Construction Activities. All site preparation, grading and construction activities for the proposed development shall be monitored on- site by a qualified archaeologist and Native American monitor. The archaeologist and Native American monitor shall have the express authority to temporarily halt all work in the vicinity of the discovery site should significant cultural resources be discovered. This requirement shall be incorporated into the construction documents which will be used by construction workers during the course of their work. F. Discovery of Cultural Resources / Human Remains During Post - Archaeological Testing Construction Activities. (1) If additional or unexpected archaeological features are discovered during site preparation, grading, and construction activities for approved development other than the archaeological investigation, all work shall be temporarily halted in the vicinity of the discovery site while the permittee complies with the following: NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 11 of 19 DRAFT 01122/2001 2:06 PM The archaeologist, in consultation with the Native American monitor, shall sample, identify and evaluate the artifacts as appropriate and shall report such findings to the permittee, the City and the Executive Director. If the archaeological resources are found to be significant, the archaeologist, in consultation with the Native American monitor, shall determine appropriate actions, and shall submit those recommendations in writing to the Executive Director, the applicant and the City. The archaeologist shall also submit the recommendations for the review and approval of the Executive Director and shall be prepared in accordance with the provisions outlined in Special Condition 19.0 above. Any recommended changes to the proposed development or the mitigation measures identified in the final plan required by Special Condition 19.C. shall require a permit amendment unless the Executive Director determines that a permit amendment is not required, Development activities may resume if the cultural resources are not determined to be 'important' as defined by the California Environmental Quality Act (CEQA). (2) Should human remains be discovered on -site during the course of site preparation, grading, and construction activities, immediately after such discovery, the on -site City - selected archaeologist and Native American monitor shall notify the City of Seal Beach, Director of Development Services and the County Coroner within 24 hours of such discovery, and all construction activities shall be temporarily halted in the vicinity of the discovery site until the remains can be identified. The Native American group /person from the Juaneno /Aciachemem. Gabrielino/Tongva, or Luiseno people designated or deemed acceptable by the NAHC shall participate in the identification process. Should the human remains be determined to be that of a Native American, the permittee shall comply with the requirements of Section 5097.98 of the Public Resources Code. Within five (5) calendar days of such notification, the director of development services shall notify the Executive Director of the discovery of human remains. G. Incorporation of Archaeoloov Requirements into Construction Documents. Special Condition No. 19 of Coastal Development Permit 5 -97 -367 shall be incorporated in its entirety into all the construction documents which will be used by construction workers during the course of their work as well as all construction bid documents. Permit Application No. 5 -97- 367 -A1 Page 12 of 19 DRAFT 01/22/2001 2:06 PM H. Sequencing of Issuance of Coastal Development Permit Related to Archeological Investigation. In advance of compliance with the other special conditions of Coastal Development Permit 5 -97 -367, as amended. the Executive Director may issue a coastal development permit, consistent with the terms of subsections A through G of this condition, for the development needed to undertake the archeological investigation. Note: Special Condition 19 replaces Special Condition 6 in its entirety. 20. FINAL PLANS A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director: 1. Final design, grading, construction, structural, and drainage plans for the bio- Swale, riparian corridor and water quality basin that substantially conform with the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, submitted to the Commission: and Final landscape plans for the bio - swale, riparian corridor, and water quality basin that substantially conform with the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, submitted to the Commission, and the letter from Glenn Lukos Associates of Lake Forest, California to John Laing Homes and Hellman Properties dated June 28, 2000, regarding Biological Benefits of Proposed Wetland Treatment System, CDP 5 -97- 367 -A1, Hellman Ranch Property, Orange County, California. These final plans shall be prepared in consultation with the California Department of Fish and Game and U.S. Fish and Wildlife Service and shall be accompanied by written evidence of their endorsement of the landscape plans. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 13 of 19 DRAFT 01122/2001 2:06 PM 21. REQUIREMENT FOR IDENTIFICATION OF SUITABLE RAPTOR FORAGING HABITAT AND REQUIREMENT FOR MANAGEMENT PLAN A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and approval of the Executive Director, a map, prepared by a biologist in accordance with current professional standards, delineating raptor foraging habitat with long term conservation potential available within the lowlands of the subject property as identified in the letter from Glenn Lukos Associates of Lake Forest, California to John Laing Homes and Hellman Properties dated September 11, 2000, regarding Response to June 19, 2000, letter from the California Department of Fish and Game Regarding Biological Resources at Hellman Ranch. The area delineated shall not be less than 9.2 contiguous acres of raptor foraging habitat. The delineation and site selection shall occur in consultation with the California Department of Fish and Game, and the map submitted to the Executive Director shall be accompanied by a written endorsement by the California Department of Fish and Game of the raptor foraging habitat delineation, the selected site and the map; and B. The raptor foraging habitat to be identified in subsection A. of this condition shall have the same or better functions and values as the site to be impacted, in accordance with the biological assessment prepared by Glenn Lukos Associates in their letter dated September 11, 2000. If there are no raptor foraging habitat areas with the same or better functions and values as the site to be impacted in the area previously identified by the applicant as having such, the applicant shall obtain an amendment to this coastal development permit in order to remedy the discrepancy; and PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and approval of the Executive Director, a raptor foraging habitat management plan which identifies management measures necessary to, at minimum, maintain the functions and values of the raptor foraging habitat identified in subsection B. of this condition. Such measures shall include appropriate brush management measures for the maintenance of raptor foraging habitat. Measures may include brush clearance and brush mowing; planting of plant species associated with raptor foraging habitat, and exotic and invasive plant species controls for the removal of plant species which upset the functioning of the raptor foraging habitat, including, but not limited to, ice plant, pampas grass, arundo giant cane, and myoporum. Any chemical controls to be used in areas adjacent to wetlands shall be limited to those which are non -toxic to wetland organisms (e.g. Rodeo® Herbicide). The raptor foraging habitat management plan shall be prepared in consultation with the California Department of Fish and Game, and shall be accompanied by a written endorsement of the plan by the California Department of Fish and Game. The permittee shall undertake NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 14 of 19 DRAFT 01122/2001 2.06 PM development in accordance with the raptor foraging habitat management plan approved by the Executive Director. Any proposed changes to the approved raptor foraging habitat management plan shall be reported to the Executive Director. No changes to the approved raptor foraging habitat management plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 22. OPEN SPACE DEED RESTRICTION A. No development, as defined in section 30106 of the Coastal Act shall occur in the raptor foraging habitat delineated by the map required pursuant to Special Condition 21 except for: 1. Activities related to raptor foraging habitat maintenance pursuant to the raptor foraging habitat management plan required pursuant to Special Condition 21.C.; and 2. The following development, if approved by the Coastal Commission as an amendment to this coastal development permit: activities related to public access, recreation, and wetland restoration provided that such development continues to designate a minimum of 9.2 acres of equivalent or better functioning raptor foraging habitat. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, which shows that the open space area identified pursuant to Special Condition 21 shall be restricted as open space for raptor foraging habitat and the deed restriction shall reflect the above restriction on development in the designated open space. The deed restriction shall contain the raptor foraging habitat management plan approved by the Executive Director pursuant to Special Condition 21.C. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the open space area. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 15 of 19 DRAFT 01/22/2001 2.06 PM 23. WATER QUALITY A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a final Storm Water Management and Water Quality Control Plan (SWM & WQCP) designed to mitigate stormwater runoff and nuisance flow from development on Vesting Tentative Tracts 15381 and 15402. The final SWM & WQCP shall include structural and non - structural Best Management Practices (BMPs) designed to control the volume, velocity and pollutant load of stormwater and nuisance runoff leaving the developed site. The final plan shall be reviewed by the consulting engineering geologist to ensure conformance with geotechnical recommendations. The final plan shall demonstrate substantial conformance with the Water Quality Management Plan (WQMP) Tract 15402 Hellman Ranch, prepared by MDS Consulting of Irvine, California, dated January 2000, and the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, and the following requirements: 1. Post - development peak runoff rates and average volume from the developed site shall not exceed pre - development levels for the 2 -year 24 -hour storm runoff event. 2. Post - construction treatment control BMPs shall be designed to mitigate (infiltrate or treat) stormwater runoff from each runoff event up to and including the 85th percentile 24 -hour runoff event. 3. The approved SWM & WQCP shall be implemented prior to or concurrent with the construction of infrastructure associated with the development on Vesting Tentative Tracts 15381 and 15402. The approved BMPs and other measures included in the final SWM & WQCP shall be in place and functional prior to the issuance of the first residential building permit within Vesting Tentative Tract 15402. 4. All structural and non - structural BMPs shall be maintained in a functional condition throughout the life of the approved development. Maintenance activity shall be performed according to the recommended maintenance specifications contained in the California Stormwater BMP Handbooks (California Stormwater Quality Task Force, 1993) for selected BMPs. At a minimum, maintenance shall include the following: (i) all structural BMPs shall be inspected, cleaned and repaired, as needed prior to the onset of the storm season, no later than October 1 st of each year and (ii) should any of the project's surface or subsurface drainage /filtration structures or other BMPs fail or result in increased erosion, the applicant /landowner or successor -in- interest shall be responsible for any necessary repairs NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 16 of 19 DRAFT 012220012:06 PM to the drainage /filtration system and restoration of the eroded area. Should repairs or restoration become necessary, prior to commencement of such repair or restoration work, the applicant shall submit a repair and restoration plan to the Executive Director to determine if an amendment or new coastal development permit is required to authorize such work. B. Any changes to the structures outlined in the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, including changes to the footprint of any such structures, necessary to accommodate the requirements of subsection A of this condition, shall require an amendment to this coastal development permit, unless the Executive Director determines that no amendment is required. C. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. D. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the requirements outlined in subsections A., B., and C. of this condition. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the deed restricted area. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. 24. RESERVATION OF LAND FOR WATER QUALITY PURPOSES A. The area of land containing the proposed water quality basin, bio -swale and riparian corridor, and associated appurtenances as depicted in Figure 8 (inclusive of the landscaped areas) of the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California,. dated July 27, 2000, shall be reserved for water quality improvement purposes through a deed restriction as required pursuant to subsection B. of this condition. The deed restriction shall not preclude use of the same such land for wetland restoration provided the water quality improvement functions of the system described in the SWM & WQCP, as revised and approved by the Executive Director pursuant NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 17 of 19 DRAFT 01/22/2001 2:06 PM to Special Condition 23, is, at minimum maintained. In addition, the deed restriction shall not preclude construction and maintenance of the access road depicted Figure 8, nor shall it preclude the construction and maintenance of the utilities and oil transmission lines depicted on Vesting Tentative Tracts 15381 and 15402, as approved by the Executive Director, nor shall is preclude the maintenance of existing oil operations, provided the water quality improvement functions of the system described in the SWM & WQCP, as revised and approved by the Executive Director pursuant to Special Condition 23, is, at minimum maintained. Finally, the deed restriction shall not preclude development associated with the archaeological investigation required pursuant to Special Condition 19. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the above restrictions. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the deed restricted area. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. 25. STAGING AREA FOR CONSTRUCTION A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a plan for the review and approval of the Executive Director which indicates that the construction staging area(s) and construction corridor(s) will avoid impacts to wetlands. 1. The plan shall demonstrate that: (a) Construction equipment, materials or activity shall not occur outside the staging area and construction corridor identified on the site plan required by this condition; and (b) Construction equipment, materials, or activity shall not be placed in any location which would result in impacts to wetlands. 2. The plan shall include, at a minimum, the following components: (a) A site plan that depicts: (1) limits of the staging area(s) (2) construction corridor(s) (3) construction site NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 18 of 19 DRAFT 0122/2001 2:06 PM (4) location of construction fencing and temporary job trailers with respect to existing wetlands B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 26. PERMIT COMPLIANCE All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth herein. Any deviation from the approved plans must be reviewed and approved by the Executive Director and may require Commission approval. 27. REVISED VESTING TENTATIVE TRACT MAP NO. 15381 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two copies of a revised vesting tentative map for Tract No. 15381. The revised map shall show only five legal lots as generally depicted in Exhibit 1, page 4; namely, 1) the lot currently owned by the California State Lands Commission, 2) the lot currently owned by the City of Seal Beach Redevelopment Agency, 3) proposed Lot 2 which is proposed to be further subdivided into seventy residential lots pursuant to proposed Tentative Tract Map 15402, 4) proposed Lot 3 for the proposed dedication of Gum Grove Park, which shall be in substantial conformance with the configuration shown on the map submitted with the permit application and maintain the proposed minimum 25 wide frontage along Seal Beach Boulevard, and 5) a lot consisting of the remainder of the subject site owned by the applicant. The applicant shall record the revised map approved by the Executive Director. No further subdivision of the lot identified in sub - section 5 shall occur other than to accommodate the transfer of land to a non - profit entity, subject to the review and approval of the Executive Director, for wetlands restoration, open space and environmental education purposes and which shall require an amendment to this coastal development permit unless the Executive Director determines that no amendment is required. Note: Special Condition 27 Replaces Special Condition 2 in its entirety. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 19 of 19 DRAFT 01122/2001 2:06 PM 4428. RESERVATION OF POTENTIAL FOR L9WLANDS- ACQUISITION OF OIL PRODUCTION AREA FOR WETLANDS RESTORATION A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director which shall provide that: (1) At the time oil production ceases and Ffor a period of twenty -five years thereafter, the applicant agrees to sell the lowlands oil production area of the property as defined in "Attachment 1" (as revised pursuant to subsection B. of this Special aCondition6) to any public agency or non - profit association acceptable to the Executive Director that requests in writing to purchase the property or, through the normal State of California land acquisition practices if the State is the prospective buyer; and, (2) The sale shall be at fair market value as established by an appraisal paid for by the buyer and prepared by an appraiser mutually acceptable to the buyer and applicant, or, if the parties are unable to agree, by an appraiser designated by third party, or if the buyer and applicant agree through an arbitration on value; and, (3) The uses shall be restricted to wetlands restoration, open space and environmental education purposes, with reversion rights to the State Coastal Conservancy. the Executive Director in writing of the date oil production ceased. The deed restriction shall remain in effect for twenty -five years from the date oil Production ceases and be recorded over the lowlands oil production area of the property and shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission - approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE RECEIVING THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE. WHEN YOU RECEIVE THE DOCUMENTS IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904 -5200. EXHIBIT C REVISED SITE PLAN OF PROPERTY 31 N \H \HELLP\.Sb \boas \w -level agmt EXHIBIT D HISTORY OF HEARINGS AND PROCEEDINGS ON DEVELOPMENT AGREEMENT 32 N: i ELLRSbWms \wdwel agmt EXHIBIT E DEVELOPMENT AGREEMENT ORDINANCE 33 N:W WELLMb\dms \w -dGyd agmt x.o.m iw.0 JW7 awe v. tvar HISTORY OF HEARINGS AND PROCEEDINGS ON DEVELOPMENT AGREEMENT .t: •a I 1Aa�nt A. Planning Cora _ ___ R„ nl' H p +. h I)evelmmmt Aerteme0t 1. Planning Commission conducted a Public Hearing on the Hellnun Ranch Specific Plan, including the Final EIR and the Development Agrecmmt on September 3, 1997. 2. At the conclusion of the Public Hearing on ScP¢mbcr 3, 1997, the Planting Commission adopted Rmlution No. 97 -22, A Rmlution of the Planing Commission of the City of Sot Beach Recommending m a City Hdman Ranch Adequacy of the Final Environmental Impact Report for Specific Plan, on a 5-0 vote 3. At the conclusion of the Public Hearing on September 3. 1997, the Planning Commission adopted Rmlutim No. 97 -29, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of the Hellman Ranch Specific Plan, on a 5-0 vale. 4. At the conclusion of the Public Hearing ne September 3, 1997, the Planning Commission adopted Resolution No. 97 -34, A Resolution of the Planning Commission of the City of Seal Beach Recommending Approval to the City Council of a Development Agrsment Between the City of Seal Beach and Hellman Properties I.LC, Regarding the Hellman Ranch Specific Plan, on a 5-0 vote. of D" 1 d Av!±mmt A. Ci,, COU,,jj niblic Hcajd rding HIJIMAn Ranch Dev 1 moral Aereement 1. City Council conducted a Public Hearing on the Hellman Ranch Specific Plan, including the Final EIR and the Development Agreement on September 22, 1997. 2. At the conclusion of the Public Haring on September 22 1997, the City Council adopted Rmlution No. 4562, A Rmludon of the City Council of the City of Seal Beach Certifying the Final Fnvimnmmtal Impact Report for the Hellman Ranch Specific Plan: Adopting the Mitigation Monitoring Program: Adopting the Findings and FaW in Support of Findings at Required by the California Fnv'vonmmtal Quality Act: and Adapting a Saement of Overriding Cmdderations, on a 5-0 vote. 3. After the conclusion of the Public Hearing on Sepmmba 22, 1997, on October 20, 1 997, the City Council inuoduad Ordinance No. 1420, An Ordinance of the City Council of the City of Seal Beach Adapting Ole Hellman Ranch Specific Plan (Hellman Ranch Specific Plan Amendment 97.1), m a 5-0 vote. Second reading and AdWdm of On& No. 1420 Occurred on October 27, 1997. 4. After the oclusion of the Public Hearing m September 22 1997, m October 20, 1997, site City Council induced Ordinance No. 1422, M Ordinance of the City Council of the City of Sol Beach Adopting a Developrnrnt Agrecmmt Betwan the City of Sol Beach ad Hellmao Proper6n IS.C, Regarding the Heilman Ranch Specific Plan, m a 5-0 vote. Second reading and Adoption of Ordinance No. 1422 occurred on October 27, 1997. o...4r aa�.sr 27 ORDINANCE NUMBER 4. a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE " HELLMAN RANCH SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City and Hellman Properties LLC desire to enter into a development agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the "Hellman Ranch Specific Plan" area, and more particularly described in the proposed development agreement, attached hereto as Exhibit A. Section 2, The City Council held a properly noticed public hearing regarding the proposed development agreement on September 22, 1997. Section 3. The City Council hereby finds that the proposed development agreement is consistent with the General Plan of the City of Seal Beach and the Hellman Ranch Specific Plan. Section 4. The City Council hereby approves and incorporates by reference herein Resolution 97 -34 of the Planning Commission of the City of Seal Beach, dated September 3, 1997, attached hereto as Exhibit 'B". Section 5. Based upon the foregoing, the City Council hereby approves the proposed development agreement, incorporated by reference herein and attached hereto as Exhibit 'A' and authorizes the Mayor to execute said development agreement on behalf of the City. Section 6. The time within which to challenge the subject development agreement is governed by Government Code Section 65009. C:\M, pocumeNaWRDVicllmea pevelopmeN I.S..moRn.d U.M1611 -97 Devdopm w Agre m aet em City and Hillman Propnnet 1LC City Co..d Ordimke No. Oaaber 20, 1997 PASSED, APPROVED AND ADOPTED by the City Cogncil of the City of Seal Beach at a Id on / VG day of r � 1997. / &"M46&e�- Mayo reylroTein Atte City er STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of MM1997, o reby certify that the foregoing ordinance is an original copy o�e.2. on file in the office of the City Clerk, in ng held on the X0 0 _ day of 1997, and passed, approved and ado by the City Council o �7 �ity�%f- Se/al Beach at a meeting held on the day of_���5l�[t, 1997 by the following vote: AYES: NOES: ABSENT: ABSTAIN: and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. Ci erk Hellman Develapmew Alrtsme,u.ORD.dac EXHIBIT F HISTORY OF HEARINGS AND PROCEEDINGS ON FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT N.*WELLPSbWms \w4evel agmt 34 EXHIBIT G FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT ORDINANCE N:WWELLPSbWtl \w -Cevel agmt 35 Public Hearin, — Amended and Resorted Development Agreement re.: Hellman Ranch Project City Council Staff Report February 26, 2001 ORDINANCE NUMBER 1471 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE " HELLMAN RANCH SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City and Hellman Properties UC entered into a development agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the "Hellman Ranch Specific Plan" area on October 27, 1997. Section 2. Development of the original Hellman Ranch project approved by the City in 1997 could not proceed without a Coastal Development Permit ( "CDP ") issued by the California Coastal Commission ( "CCC "). After approval of the project by the CCC, litigation was filed challenging the Commission approval of CDP 5 -97 -367 (cases consolidated as "League for Coastal Protection et al. v. California Coastal Commission ") and a settlement agreement was eventually incorporated into the presiding Court's order for issuance of a Writ of Mandate. Section 3. The CCC responded to the Writ by approving on October 11, 2000, issuance of an amended CDP with conditions, CDP 5 -97- 367 -A1, providing conditions of development of a project revised in accordance with the criteria established in the Settlement Agreement. Section 4. The major project changes encompassed in CDP 5 -97- 367 -A1 are summarized as: ❑ Elimination of the previously approved golf course and the establishment of a 100 - acre deed - restricted area for future wetland restoration, open space and environmental education purposes; ❑ Elimination of all impacts to jurisdictional state and federal wetlands; and A dvl Reluimmnt Ag MLCC Sufi Ron Public Hearing — Amended and Restated Development Agreement re: Hellman Ranch Project Cite Council Staff Report February 26, 2001 ❑ Elimination of development of visitor - serving commercial uses on the State Lands Property. Section 5. A request has been received from Hellman Properties to amend the Development Agreement (First Amended and Restated Development Agreement) regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2, Modification of Development Agreement to Obtain Permits, etc. Said request is to conform the Development Agreement provisions with the terms of the Settlement Agreement and Coastal Development Permit 5 -97- 367 -A1. Section 6. The City Council held a properly noticed public hearing regarding the proposed development agreement amendments on February 26, 2001. Section 7. The City Council hereby finds that the proposed development agreement amendment is consistent with the General Plan of the City of Seal Beach and the Hellman Ranch Specific Plan. Section 8. Based upon the foregoing, the City Council hereby approves the proposed development agreement amendment, titled "First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan' incorporated by reference herein and attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of the City. Section 9. The time within which to challenge the subject development agreement is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of .2001. Mayor Attest: City Clerk Amrnded Development Ag MCC Suff Re n Public Hearing -Amended and Restated Development Agreement re: Heilman Ranch Project City Council Staff Report February 26, 2001 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH ) 1, Joanne M. Yeo, City Clerk of the City of Sea] Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 2001, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2001 by the following vote AYES: NOES: ABSENT: ABSTAIN: and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 206. City Clerk Amend n elopmem AgeeemmcCC SWff kepmt Public Hearing— Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February 16. 2001 EXHIBIT A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE " HELLMAN RANCH SPECIFIC PLAN" Amrnd Development Ag wt.CC SmH Repon 10 EXHIBIT H VESTED COMPONENTS FOR HELLMAN RANCH DEVELOPMENT AGREEMENT A. General Plan. General Plan of City of Seal Beach dated as of October 1, 1997, as amended by Resolutions 4563, 4564, 4565, 4566, 4567, 4568, each dated October 20, 1997. Subject Property is designated for uses described in Specific Plan, referred to in Section B. below. B. Specific Plan. Specific Plan for Hellman Ranch approved as amended by Ordinance 1420 of City Council adopted on October 27,1997, as administratively revised by the City on May 5, 2000, to allow for minor adjustments in planning area acreage, pursuant to Section 8.4.1 of the Specific Plan. C. Zoning. Zoning Ordinance of the City of Seal Beach, as amended by Ordinance 1420, adopted on October 27, 1997. Subject Property is zoned for uses described in the Specific Plan referred to in Section B. above. D. Subdivision Map Approval Conditions. The conditions of approval imposed in connection with approval of Vesting Tentative Subdivision Maps described as Tract No. 15402, approved by Resolution 4571 and Tract No. 15381, approved by Resolution 4570 of the City Council of the City of Seal Beach, dated October 20, 1997. E. Additional Approval Conditions. The following additional approval conditions and requirements shall apply to development of the Subject Property. In certain cases, the requirements specified below may be redundant with conditions that apply to the Subject Property pursuant to the Specific Plan referred to in Section B. above and the Tentative Subdivision Map approval conditions referred to Section D. above. In the case of conflict or inconsistency, the provisions below shall control. I. Off -Site Improvements Required To Be Constructed and Installed In Conjunction With Development of Parcel 2 For Residential Purposes. (a) Improvement Obligation. The Developer shall construct the off -site improvements specified in subparagraph I(a)(1) through l(a)(5) below (the 'off -Site Improvements') on the terms, conditions, and schedule specified therein. The Developer may satisfy the conditions relating to the Off -Site Improvements by entering into a Bonded Subdivision Improvement Agreement which (1) complies with Government Code § 66499, and (ii) is approved by the City. (1) New sewer pump station in Lopez Drive (at location shown on the Revised Site Plan). The sewer pump station shall be of the dry type and have a capacity to be determined by Developer and the City Engineer. Improvement shall be completed and 36 N.\MHELLP\Sb`dwS \v �de el agmt operational at or prior to time of issuance of first building permit for a residence on lots created on Parcel 2. Developer shall pay its fair share portion of the cost of such improvement, not to exceed fifty per cent (50%) thereof or seventy -five thousand dollars ($75,000) whichever is the lesser, and City shall pay or cause others to pay the balance. (2) Signal modification at intersection of Forrestal Drive and Seal Beach Boulevard. Improvement shall be completed and operational at or prior to time of issuance of first certificate of occupancy for a residence on lots created on Parcel 2. Developer shall pay the cost of the improvement. (3) Improvements to Lopez Drive right -of -way. Developer shall pay the cost of the improvement on Parcel 5 but shall have no liability for the cost of any improvement between Parcel 5 and Seal Beach Boulevard along the boundary of the Boeing Property. The improvement shall be completed on or before issuance of a certificate of occupancy for the final residence constructed on the lots created on Parcel 2. (4) Improvements to Seal Beach Boulevard. The improvements to Seal Beach Boulevard shall include (1) landscaping, (ii) undergrounding of SCE's 12 Kv powerlines, (iii) construction of community wall, sidewalk and monumentation wall, and (iv) restriping to accommodate new turning movements with turning movements to be determined by the City Engineer and Developer in accordance with accepted traffic engineering principles. The cost of these Improvements is estimated at approximately Five Hundred Thousand Dollars ($500,000). Developer shall pay the full cost of the Improvements, the foregoing statement of estimated costs not being a limitation. The Improvements shall be completed and operational at or prior to time of issuance of first certificate of occupancy for a residence on lots created on Parcel 2. Covenants, conditions and restrictions shall impose upon the homeownefs association created among the owners of residences on Parcel 2 the obligation to maintain those portions of the foregoing improvements that are not dedicated to and accepted by a public entity. (5) Improvements to Seal Beach Boulevard Median. Developer shall contribute twenty -five percent (25%), but not to exceed One Hundred Thousand Dollars ($100,000) of the cost of a landscaped median in Seal Beach Boulevard from Lopez Drive to Bolsa Avenue, which includes the cost of a sidewalk along Seal Beach Boulevard from the southern boundary of the Property to Bolsa Avenue. The estimated cost of such work is $400,000. City shall use diligent efforts to obtain grant funding to complete the improvements to which Developer's contribution is to be applied. In the event the City obtains grant funding that may be used for the median work contemplated by this paragraph (7), Developer contribution will be decreased (e.g., if City receives One Hundred Thousand Dollars ($100,000) in grant funds for the median, instead of paying twenty -five percent (25%) of Four Hundred Thousand Dollars ($400,000), Developer shall pay twenty -five percent (25 %) of Three Hundred Thousand Dollars ($300,000). (b) Transportation Impact Fees. In addition to paying for the improvements described in subparagraphs I(a)(2) through (5), inclusive, at Developers cost, and notwithstanding any other provision of this Agreement, Developer shall pay to City all applicable City Transportation Impact Fees required by Chapter 22B of the Code of the City of 37 N:\H\HELLR$bW \wCevel agmt Seal Beach, at the then- applicable rate, to assist in mitigating transportation impacts of the Project. (c) Affordable Housing. In..compliance with Government Code Section 65590(d), Developer shall provide seven (7) housing units that are affordable to persons and families of very low, low, or moderate income on -site. City has determined that providing such housing units on -site is not capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors. Therefore, Developer has been required to pay an in -lieu affordable housing fee of fifty - three thousand seven hundred and fifty dollars ($53,750), which has been paid by Developer and deposited by City into a special fund to be used exclusively to increase, improve and preserve the community's supply of low and moderate income housing available at affordable housing cost. Payment in full of such fee fully satisfies and discharges Developer's obligation to provide housing units pursuant to Government Code Section 65590(d). 3. Gum Grove Nature Park. (a) Dedication. Gum Grove Nature Park ( "Nature Park "), as shown on the Revised Site Plan, shall be dedicated to City not later than the date when City issues a residential building permit for construction on any lot on Parcel 2, whichever is the earlier, subject to and in accordance with all of the requirements of the CDP Conditions. (b) Condition of Title: Condition Subsequent. Title to the Nature Park shall be conveyed by grant deed in fee simple absolute, subject to a condition subsequent allowing Developer to recover title if all or any portion of the Nature Park is utilized at any time for purposes other than as a substantially unimproved public park, based upon the existing grove of trees and related vegetation. Uses that shall trigger the condition subsequent shall include, but without limitation, (i) removal of trees from the Nature Park to create open area other than as required for normal maintenance and tree husbandry, (ii) creation of play areas or active recreation area (ball fields, tennis courts, etc.) within the Nature Park or any uses other than passive recreation, (iii) any residential uses, or (iv) any commercial uses. (c) Physical Condition. The Nature Park shall be transferred to City ownership in its current condition. Having leased the Nature Park since 1971, City is fully familiar with its condition and agrees to accept the same "as is ". (d) Operation. The Nature Park shall be open to the public during hours established by City, but not earlier than dawn or later than sundown of my given day. The Nature Park shall be closed during the nighttime hours. City shall assume responsibility for locking and unlocking the Park entry gate at Avalon Drive.. (e) Credit Against Open Space Dedication Requirements. Dedication and conveyance of the Nature Park shall entitle Developer to full credit for all park dedication requirements under applicable City laws, ordinances, rules and regulations including, but without limitation, fees levied in lieu of park dedication requirements. N. WELLRSbbas \w4evel agmt W (f) Payment By Developer. From and after dedication of the Nature Park, Developer shall pay a total of Forty Thousand Dollars ($40,000) to City or the Gum Grove Nature Park Group, as determined by City, to be used for maintenance, enhancement and other park related events. Payments shall be made in four installments, Ten Thousand Dollars ($10,000) on the date of the dedication and Ten Thousand Dollars ($10,000) each on the first, second and third anniversary dates of the dedication. (g) Reinlerment. Gum Grove Nature Park may be used as a reinterment site if determined appropriate by the most likely descendant of the deceased and if human remains are discovered during development activity on the balance of the Property. Developer shall be responsible for the cost and legal compliance of any such reinterment. City shall cooperate with Developer and the "most likely descendant" to the end that the handling of human remains encountered on the Property is conducted expeditiously and in a manner that meets the needs of the concerned parties. (h) CDP Conditions. Gum Grove Nature Park is also subject to additional requirements concerning access, dedication and other requirements imposed pursuant to the CDP Conditions. 4. Reservation For Wetlands Acquisition. A portion of the Subject Property as shown on the Revised Site Plan shall be restricted by appropriate deed restriction for potential acquisition in accordance with the requirements of the Final CDP Conditons.. 5. Development Plan For Lands Owned By The Redevelopment Agency of the City of Seat Beach. The Parcel owned by Redevelopment Agency of City at the foot of Lopez Drive (Parcel 5), as shown on the Revised Site Plan, shall be utilized for access (as the Revised Site Plan and the Specific Plan provide) and for other compatible uses as determined by the City Engineer in consultation with Developer. Developer shall have the right to approve any landscaping or improvements, prior to their installation, located on Parcel 5. The Lopez Drive roadway connection to be constructed on Parcel 5 shall be designed and constructed to City's specifications by Developer prior to the issuance by City of the first certificate of occupancy on Parcel 2. If feasible (as determined jointly by the City Engineer and the civil engineer employed by Developer), the sewer pump station provided for in Paragraph 1(a) above shall be located on Parcel 5. 6. Construction: CDP Conditions Control. Notwithstanding anything to the contrary contained in these Vested Components, the CDP Conditions shall define the limits of the right to improve and develop the Subject Property and the conditions thereon. If any conflict arises between the provisions hereof and the CDP Conditions, the CDP Conditions shall control. x ■ * x 39 NAKHELLP\4bWa \e ewl agmt Public Hearing — Amended and Restated Development Agreement re: Heilman Ranch Project City Council Staff Report February 26, 2001 ATTACHMENT 2 FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN" (REDLINE/STRIKEOUT VERSION) Amm Development Agmement.CC Sufi Rq n 11 RECORDING REQUESTED BY, AND WHEN RECORDED, MAIL TO CITY OF SEAL BEACH OFFICE OF THE CITY CLERK 211 EIGHTH STREET SEAL BEACH, CA 90740 The undersigned declare that this instrument is recorded at the request of and for the benefit of the CITY OF SEAL BEACH, and is therefor exempt from payment of recording fees pursuant to Government Code § 6130 and the payment of documentary transfer tax pursuant to Revenue & Taxation Code § 19222 (Space Above for Recorders Use) RST AMENDED AND R .STA .D DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES, LLC RELATIVE TO THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH • IJ ------------ - - - - -- COMPARISON OF FOOTERS - FOOTER 1- 45 Q N:UI\HELLP\Sb\docs \w -devel agmt RE - FOOTER 2- R FIRST AMENDED AND REST DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES, LLC RELATIVE TO THE DEVELOPMENT KNOWN AS THE HELLMAN RANCH (Pursuant to Government Code Sections 65864- 65869.5) THIS FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT is entered into this day of , 4-9W (7=, by and between HELLMAN PROPERTIES, LLC, a California limited liability company ( "Developer ") and the CITY OF SEAL BEACH, a municipal corporation ( "City "), pursuant to the authority of Sections 65864 through 65869.5 of the Government Code and Article 27.5 (Section 28 -2751 et seq.) of the Code of the City of Sea] Beach. RECITALS: A. To strengthen the public planning process, encourage private participation in comprehensive planning, reduce the economic risk of development and obtain private commitments necessary to develop well - planned, mixed use communities and procure commitments of land and financing for open space and recreational land, the Legislature of the State of California enacted Section 65864 et seq. of the Government Code ( "Development Agreement Legislation "). The Development Agreement Legislation authorizes City, and an applicant for adevelopment project, to enter into a development agreement, establishing certain development rights in property that is the subject of a development project application. City has adopted Article 27.5 (Section 28 -2751, et seq.) of the Code of the City of Seal Beach to implement the Development Agreement Legislation, in order to use development agreements to carry out City's planning policies. .. .. - -.- .- - - N:W WELLPSbW.M.Eevel agmt g, The Develgi2=21 Agreement was entered into to provide public benefits, including, ¢aS without limitation, dedication, protection and enhancement of critical wetlands and open space resources velep "" will fifevide City """'increased tax revenues, develepment 8f a gelf eOUF5e that will be available fi* play by Fesidents of City; and creation of a well - planned residential community, all within a regulatory framework that will require installation of the on and off -site road, sewer, water, drainage, landscaping, irrigation and other improvements needed to serve the , Original ProiecS as well as providing other benefits. In dditie`, the ''°' elepmeat The Original Proiect contemplated by this the Deyelnnment Agreement represents reprg5epled a significant reduction in density from prior development proposals on the Subject Property as defined `efein) aed ^'^ "'°s ald EL2Xi.&d for a major increase in public benefits in fe— "`'I-Ii -t -i pafk and epee space r fit attached hereto, marked Exhibit 2 $ and NA"ELLFVSbVIMS \w -d"81 agmt Q. Developer and City desire to utilize this First Amended and Re tated Development Agreement to secure the public benefits contemplated by the AppfevaFs Conditions and to vest the entitlements created by the Appfovals CDP Conditions in Developer and the upon all of the terms and conditions thereof), all as provided pursuant to Government Code Sections 65864 et seq. The vesting effect of this First Amended and Restated Development Agreement is intended to apply to the Appfevais CDP Conditions. to such ur s.onamon and do not r ore ent mat nal deDarturca therefrom and to all permits, approvals and actions implementing the same pursuant to the procedures established in or referred to in the Approvals CDP Condition and the "Vested Components" as defined in Section 2.1 below, F pFeeise plans �hat RFe FequiFeEl to be obtained te implement the uses eentemplated :n u,d�....__...,.. II. The City Council reviewed and aooroved the Development Agreement. It s °,,,,as - that this found the Development Agreement is 19-1a consistent with City's General Plan, the Specific Plan and all applicable City ordinances, rules and regulations, and that its implementation is would be in the best interest of City and the health, safety and welfare of its residents. City has considered and acted upon the Development Agreement at the hearings described in Exhibit S 12, attached hereto and incorporated herein by this reference. The ordinance authorizing execution liefeef by die--2L-tb&jjqv=gb9pmqnj Agreement by City is attached hereto, marked Exhibit 4 L and incorporated herein by this reference. The environmental impacts of the development contemplated `efeia, and -` in the Development Agreement, were evaluated in the Final Environmental Impact Report ( "FEIR ") prepared by City and certified as adequate by the City Council pursuant to the California Environmental Quality Act, through adoption of Resolution No. 4562 (State Clearinghouse No. NMWELLP bW=s \w-dev agmt 96121009). The City Council finds °` certified the FEIR, the ted findings and the faets that s ppeF4 the `°thin` ^"'"`" a statement of overriding considerations adopted thefeiii, apply with equal in connection with its approval of this the Development Agreement. Tbg City Council ha reviewed and aonrove this Fir t Amended and Restated Agreement NOW, THEREFORE, City and Developer agree as follows: Article 1. Property Subject To Iils This First Amended and Restated Development Agreement And Term Of This First Amended and Restated Development Agreement. 1.1. Property Subject to this First Amended and Restated Development Agreement. This First Amended and Restated Development Agreement shall (i) apply to all of the Subject Property (and that portion of the land included within the Southern California Edison Company ( "SCE ") right -of -way, as shown on the Piet R vi ed ite Plan, when, as and if the same is acquired by Developer), (ii) run with fee title to the Subject Property, and (iii) the benefits and burdens hereof shall bind and exere inure to the benefit of all the successors in interest of the parties. The DP onditions establish or suggest uses with respect to parcels not owned by Developer as follows: (i) a parcel owned by the e . , Andq r ..G the e..... 4 CMI-fi .....:........h,.wn ,.H thp, Plot ni.._ (the o.. -,.e ) "" a °°Feel a ^°dw City as shown on the Piet Rgvi5ed Site Plan (the "City Parcel'); (iii) and (iil a parcel owned or held under easement by SCE as shown on the Plet 2 Ehe'Qi Fipt Puuee11 Revised Site Plan. Thie -This First Amended and Restated Development Agreement also includes agreements an agreement by Developer and City with respect to the State hands °===', the cot Pa- p, __a the TO-tie; CiLtLParccl, to the extent of the ability of Developer and City to contract with respect to such A,areels EUce . N:WWELLP\SbWl \w- el agmt 1.2. Term. 1.2.1. Term Of First Amended and Restated Development Agreement. The term of this First Amended and Restated Development Agreement ( "Term') shall commence upon the effective date of the ordinance approving this First Amended and Restated Development Agreement ( "Ordinance Date ") and shall continue until the twentieth (20th) anniversary of the Effective Date, unless the Term is extended by duly adopted amendment hereof, or earlier terminated in accordance with the provisions hereof; provided, however, that if the ordinance approving this First Amended and Restated Development Agreement is made the subject of a referendum or is challenged by legal action, then the Effective Date shall be the date when the referendum proceedings and/or legal proceedings have been concluded in a manner that permits the legal commencement of the parties' obligations under this First Amended and Restated Development Agreement. If the Term has not commenced by the fifth (5th) anniversary date hereof, then this First Amended and Restated Development Agreement shall have no further force or effect unless the parties extend the same by duly executed written instrument. Notwithstanding the foregoing, however, (i) the restrictions contained in Section 2.3.1 shall apply so long as Parcel 2 is used for residential purposes; and the restrictions contained in Section 2.3.2 shall apply so long as Parcels 1, 5 and 6 are used for mineral. extraction purposes, and (ii) expiration or termination of this First Amended aad Restated Development Agreement shall not affect any right vested under California law independent of this First Amended and Restated Development Agreement. 1.2.2. Term Of Subdivision Maps And Use Permits. The term of any parcel map, tentative subdivision map, vesting parcel map or vesting tentative subdivision map relating to the Subject Property or any part thereof, and the term of any subdivision improvement agreement related to development of the Subject Property or any portion thereof, shall be extended (pursuant to Government Code 66452.6(a)) for the longer of. (i) the Tenn, or (H) the tern of the particular map otherwise allowed under the Subdivision Map Act, (Government Code 66410, et seq.), and City's Subdivision Ordinance. Article 2. Development of the Subject Property. 2.1. Vested Components. The (i) permitted use of the Subject Property, (ii) provisions for reservation or dedication of land for public purposes, (iii) provisions for financing and construction of public improvements to protect the general fund and the public generally from the costs of development of the Subject Property, and (iv) other terms and conditions of development that apply to the Subject Property (including, but without limitation, the density or intensity of use and the maximum height and size of proposed buildings) under the Appreva{s'ADmgyAJL and certain other actions and proceedings (the Approvals and all such actions being identified and defined in Exhibit 3 LI, attached hereto and incorporated herein by reference thereto), are declared "vested," and are referred to herein as the "Vested Components." The Vested Components are defined by and limited to the CDP Conditions as the same maybe revised by the CCC in immaterial resmects that are substantially consistent with the CDP onditionc. No par of the Vested Components may be revised or changed during the Term without the consent of the owner of the portion of the Subject Property to which the change applies, except as provided in Sections 2.4 and 2.5 hereof. After the Ordinance Date, the Vested N.* W ELLPNSbW= \w -devel agmt Components shall be effective against, and shall not be amended by any ordinance or regulation enacted after the Ordinance Date, whether adopted or imposed by the City Council or through the initiative or referendum process. 2.2. Development Timing. 2.2.1. Development Scheduling. Developer shall have no obligation to initiate or complete development of any phase of the Subject Property within any period of time except (i) as may otherwise be stated in the Vested Components or a separate agreement. or undertaking that (a) is part of the Vested Components, or that (b) is entered into in support of any community facilities or assessment district financing, or (ii) as provided in the Subdivision Map Act (Gov't Code §§ 66400 et. seq.) or City's subdivision ordinance as applied to subdivision improvement agreements. 2.2.2. No Phased Growth Control. No future modification of City's code or ordinances, or adoption of any code, ordinance, regulation or other action that purports to (i) limit the rate of development over time, (ii) directly or indirectly limit the number of residential building permits issued or obtainable during any period within the Term, or (iii) alter the sequencing of development phases (whether adopted or imposed by the City Council or through the initiative or referendum process) shall apply to the Subject Property or any part thereof; nor shall any such modification or adoption of a code, ordinance or regulation modify the rights held by Developer hereunder. 2.2.3. Infrastructure Components Not Within City Control. City shall cooperate with Developer and use its best efforts to bring about construction of the infrastructure required for the development contemplated in the Vested Components that is not within City's and Developer's control; and no permits or approvals for development of the Subject Property shall be withheld pending completion of such construction unless allowing such development to proceed prior to completion of construction would (i) violate an order of court, (ii) violate an order of a governmental agency with jurisdiction over City, (iii) pose a threat to health and safety, or (iv) violate any condition of the Approvals imposed by City or any other governmental authority with jurisdiction over the Subject Property, or any mitigation measure imposed by the FEIR. 2.3. Mineral Exploitation. 23.1. Prohibition In Residential, Open Space And Recreational Areas. No portion of the surface of Parcel 2, as shown on [he Piet Revised Site Plan (and no portion of said Parcel 2 that lies below and within five hundred (500) feet of the surface of Parcel 2) may be utilized for extraction of oil, gas, hydrocarbon or any other mineral, metal, rock or gravel or any activities associated with or ancillary to any such activities. Nothing herein contained shall be deemed to prevent or restrict (i) movement or export of rock, gravel or earth as part of grading activity undertaken pursuant to a grading permit issued by City in connection with development allowed under the Vested Components, or (ii) creation, maintenance or operation of water wells. 23.2. No Restriction In Mineral Production Areas. No regulation, ordinance or rule shall be adopted by City after the Ordinance Date to prohibit, limit or restrict mineral N ELLP%SbWMS \w -devel agmt production, drilling and extraction activities on the surface and subsurface of Parcels 1, 6 and 7, as shown on the Islet Revised Site Plan. All such activities on said Parcels shall continue to be governed and controlled by laws, ordinances, rules and regulations in effect on the Ordinance Date. 2.4. Rules, Regulations and Official Policies. 2.4.1. Existing Regulations Apply. Subject to the terms of Sections 2.4.2 and 2.4.3, the Vested Components shall control development of the Subject Property. As to any subject or matter not addressed in the Vested Components, development of the Subject Property shall be subject to City's General Plan, zoning ordinance, and other rules, regulations, ordinances and official policies that apply to such development on the Ordinance Date; provided, however, that any conflict between the Vested Components and such plans, ordinances, rules, regulations and policies shall be resolved by giving full effect to the Vested Components and the provisions hereof to the extent permitted by law. To the extent that any future changes in the General Plan, the zoning codes or other rules, ordinances, regulations or policies (other than the building and other codes excepted pursuant to Section 2.4.3) conflict with this First Amended and Restated Development Agreement and the Vested Components, this First Amended and Restated Development Agreement and the Vested Components shall control. 2.4.2. Subdivision Of Subject Property. Developer shall have the night from time to time to file subdivision maps and/or parcel maps with respect to some or all of the Subject Property. Nothing herein contained shall be deemed to authorize Developer to subdivide or use any of the Subject Property for purposes of sale, lease or financing in any manner that conflicts with (i) the Subdivision Map Act, or (ii) with City's subdivision ordinance. For purposes hereof, however, City's subdivision ordinance shall be limited to and mean the ordinance terms and conditions as of the Ordinance Date hereof -, and no provision of a subdivision ordinance enacted, or that becomes effective, after the Ordinance Date shall reduce Developer's rights or increase its burdens under the Vested Components except to the extent that such ordinance is required to implement and carry out provisions of state law enacted after the Ordinance Date. 2.4.3. Building And Fire Code Amendments Not Precluded. Notwithstanding any other provision to the contrary, nothing herein contained shall be deemed to prevent adoption and application to improvements upon the Subject Property of laws, ordinances, uniform codes, rules or regulations pertaining to or imposing life - safety, fire protection, mechanical, electrical and/or building integrity requirements to the extent that such regulations -apply generally throughout City. The City Codes that currently contain such laws and regulations are (i) Uniform Building Code, 1994 Edition, as amended by Part 2, Title 24, California Code of Regulations; (ii) Uniform Mechanical Code, 1994 Edition, as amended by Part 4 of Title 24, California Code of Regulations; (iii) Uniform Plumbing Code, 1994 Edition, as amended by Part 5 of Tide 24, California Code of Regulations; (iv) Uniform Swimming Pool, Spa and Hot Tub Code, 1994 Edition; (v) Uniform Housing Code, 1994 Edition; (vi) Uniform Code for Abatement of Dangerous Buildings, 1994 Edition; (vii) Uniform Sign Code, 1994 Edition; (viii) National Electric Code, 1993 Edition, as amended by Part 3 of Title 24, California Code of Regulations; (ix) Uniform Fire Code, 1994 Edition, including Appendices I -B through V -A, VIA, VI -E and VI -G thereof, except for Appendices H -H and IV -A, and including those amendments to that Nft"ELLP\Sb\do \w4evel agmt Code set forth in Tide 24, California Code of Regulations; (x) Uniform Solar Energy Code, 1994 Edition; (xi) Uniform Building Security Code, 1994 Edition; (xii) Uniform Administrative Code, 1994 Edition; and (xiii) Appendix Chapter I of the 1994 Uniform Code for Building Conservation. 2.4.4. Entitlements as to the Remainder. Notwithstanding any other provision in this Agreement, the City is not conferring upon the Developer, and Developer is not receiving, any entitlements or rights, vested or otherwise, to any use in or on the area defined as Planning Area No. 9 (the "Remainder ") in the 14P.11man -Rmeh Specific Plan other than the existing mineral production uses. Any potential future use is not an entitled land use (See Table 4 -2, Hellman -Raneh Specific Plan). 2.5. Development, Regulatory Mitigation and Application Fees. 2.5.1. Limitations. All application fees, processing fees, development impositions and regulatory fees, set by or within the control of City (including, but without limitation, any fee or charge levied or imposed in connection with or by reason of the conduct of development or business activity within City), (i) levied upon the Subject Property or any part thereof, (ii) charged as a condition to any application for or approval of development or condition thereof, or (iii) imposed to mitigate adverse environmental impacts, shall be subject to the following limitations: (1) Application and processing fees shall not exceed those in place as of the Ordinance Date, as increased from time to time to reflect any changes in the actual costs incurred by City in processing such applications or managing such processes; (2) Regulatory fees shall be limited to the categories and amounts listed on Schedule I of the Vested Components and may be adjusted in the future to the lesser of (i) amounts set by City, or (ii) the amounts existing as of the Ordinance Date, revised in proportion to changes in either (a) the United States Department of Labor, Bureau of Labor Statistics' Consumer Price Index (all Urban Consumers), or (b) such other index used by City as a fair indicator of fluctuations of the costs in question, from the Ordinance Date until the dnte of such new fee setting (the foregoing not to be construed as authorizing creation of any new categories of fees that apply to the Subject Property or development thereof, except as provided in Section 2.5.1(3) below); and (3) No new regulatory fees and/or development impositions, may be imposed on all or parts of the Subject Property or development thereof unless (i) they apply on a City -wide basis and are not limited to the Subject Property, or any pan thereof; (ii) the amount charged has been determined in accordance with all applicable law and is based upon evidence that said amount is necessary to mitigate public health and/or safety impacts directly caused by the development against which the charge is imposed; and (iii) Developer shall be entitled to credit for fees paid and the value of work performed prior to the enactment of such regulatory fee requirements where such fees or work deal with or pertain to the same subject matter. None of the foregoing limitations shall apply to business license fees lawfully levied and collected in a non - discriminatory manner on a City -wide basis. N:W ELLPSb\d= \w -devel agmt 25.2. "Regulatory Fees" Defined. "Regulatory fees" (constituting the categories and types of fees and charges that are limited pursuant to Sections 2.5.1(2) and 2.5.1(3)) shall include all charges, levies and impositions that are or would be so categorized (or as "development impositions ") under applicable California law as of the Ordinance Date (in contrast with "special taxes "). Article 3. Obligations Of The Parties. 3.1. Developer. 3.1.1. Development Of The Subject Property. Developer shall develop the Subject Property in accordance with and subject to the Vested Components. 3.1.2. Impact Mitigation. (a) Construction Of Improvements. The public improvements to be constructed or installed as conditions of development shall be constructed or installed without cost or expense to City except as otherwise provided in the Vested Components. (b) Subdivision Improvement Agreements And Bonds. Assurance concerning performance of work required to be performed within portions of the Subject Property to be subdivided shall be required as a condition to filing the final subdivision maps or parcel maps for the portion of the Subject Property to be subdivided, such assurance to be in the form of an improvement agreement requiring construction or acquisition of such improvements, entered into in accordance with procedures established pursuant to City's Subdivision Ordinance (with bond or other surety provided as therein required), unless City approves an alternative method for providing assurance of such improvement installation, with Developer's consent, or unless a community facilities district has been formed with provision -for construction or acquisition of the improvements in which case no further assurance or surety shall be required. 3.2. City. 3.2.1. Hazardous And Toxic Materials Monitoring. City shall diligently monitor the hazardous materials discharge that has occurred on property owned by City that has allegedly contaminated a portion of the subsoil and groundwater of the Subject Property, without cost or expense to Developer, for an eight year period commencing January, 1999. The annual cost of the monitoring is estimated at $8,000 to $12,000 and in no event shall exceed $12,000 in any calendar year. The City's monitoring program shall be undertaken in full compliance with all applicable laws, ordinances, rules and regulations and is subject to the approval of Orange County. City shall obtain all permits and certifications required by any public authority in connection with such monitoring. City shall indemnify Developer and hold Developer harmless of and from any and all loss, cost, damage, injury or expense, arising out of or in any way related to such discharge. The city further agrees to seek funding from state or federal sources to remedy the discharge. 3.2.2. Assessment Proceedings. N:WWELLRSb\doc -devel agmt (a) Construction And Acquisition Proceedings. Developer may desire to initiate assessment and/or community facilities district proceedings to finance payment of an or portions of the design, acquisition and construction costs required to be paid for off -site improvements to be designed and constructed in connection with development of all or portions of the Subject Property pursuant to the Vested Components. City acknowledges that Developer shall have the right to initiate improvement and assessment proceedings utilizing any assessment mechanisms authorized under the law of the State of California where the property subject to assessment provides primary security for payment of the assessments. Developer may initiate such assessment proceedings with respect to a portion of the Subject Property to provide financing for design or construction of improvements for such portion without the consent of the owners of any other portion, to the extent such consent is not required, or protest permitted, by law, so long as the proceedings are conducted without cost or expense to or liability imposed upon the owners of the other portions of the Subject Property. In addition to the restrictions and limitations imposed by the legislation adopted pursuant to Proposition 218 and other applicable State and federal laws, such financing arrangements shall be subject to the following general parameters: application: (i) City shall diligently process such application so long as the (aa) complies with law; (bb) is otherwise regular in form; and (cc) is consistent with City's standards. (ii) Upon written demand of the City Manager or his/her designee, the Developer shall advance amounts necessary to pay all costs and expenses of the City to evaluate and structure any financing district, to the end that the City will not be obligated to pay any costs related to the formation or implementation of any financing district from its own general funds. City staff will meet with the Developer to establish a preliminary budget for such costs, and will confer with the Developer from time to time as to any necessary modifications to that budget. (iii) City shall diligently seek to sell any bonds, to be issued and secured by such assessments upon the best terms reasonably available in the marketplace; provided, however, that City's duty to market bonds shall be suspended during any period when marketing conditions render the issuance economically infeasible. The financial viability of any assessment or community facilities district will be of material concern to the City. q%e City will consider written requests by the Developer as to the size and timing of any particular bond issue, as well as the advice of any financial consultant and/or underwriter employed by the City in connection therewith. 43e Developer understands that the City will have disclosure obligations under State and federal securities laws to prospective purchasers of debt incurred in connection with any public financing, and agrees to provide the City with any information reasonably requested in connection with such disclosure obligations. (iv) Any public financing shall be secured solely by assessments or special taxes levied within the respective district, and proceeds of the bonds issued that are placed in a bond fund or reserve fund for the financing. The City's general fund and its tax increment revenues shall not be pledged to the repayment of any public financing 10 N:WWELLP1Sbkdms \.4e"I agmt contemplated by this Section (v) The payment of actual initial and annual administrative costs of the City to be incurred in connection with any financing district shall be adequately assured, through the inclusion in any assessment or special tax methodology of appropriate provision for such costs as estimated by the City, to the end that the City's general fund shall never be called upon to provide for initial or any annual administrative costs related to any . financing district. (vi) All current and projected annual assessments, special taxes, real property taxes and any other amounts due to public agencies which are secured by liens on any parcel within the Property shall not exceed two percent (2 %) of. the estimated market value of the property upon completion of expected public and private improvements. The estimated market value shall be determined by City staff and consultants based upon independent absorption studies, appraisals and such other data as City staff may deem relevant in the circumstances. To the extent practicable, City staff shall allow an opportunity for the Developer to provide input and commentary on such data prior to its publication. T'Ite Developer hereby represents that it does not anticipate the formation of any community facilities district to finance the needs of any school district arising from development of the Property. (vii) In any such assessment proceeding, Developer shall be entitled to add the value of the land in internal streets (meaning streets within the boundaries of any parcel or subdivision map) to the assessment or other proceedings, subject to the lien-to- value ratios established herein; provided, however, that if the rights -of -way for all streets within the Subject Property are dedicated to the City, tide thereto shall not be subject to any assessment lien, nor shall any portion thereof be purchased directly or indirectly by City. (b) Maintenance District Proceedings. City and/or Developer may determine to create maintenance districts to fund maintenance and operating costs for open space areas, trails and trailhead staging areas, wetlands mitigation areas, storm water detention areas, landscaped medians, street lighting and other improvements. Subject to the restrictions and limitations imposed by the legislation adopted pursuant to Proposition 218 and other applicable State and federal laws, City shall diligently process such applications that comply with law and are otherwise regular in form. Developer and/or City shall have the right to form or create such maintenance districts under any mechanism authorized bylaw where the bene€rtted beneficed property may be assessed or charged for payment of such maintenance and operating cost. Developer and/or City may initiate proceedings for formation of such maintenance districts with respect to a portion of the Subject Property to provide for maintenance of improvements for such portion without the consent of the owners of any other portion, to the extent such consent or a protest proceeding is not otherwise required by law, so long as the proceedings are conducted without cost or expense to or liability imposed upon the owners of the other portions of the Subject Property. (c) Disclosure to Future Landowners. TFie Developer shall comply with all applicable laws as to the disclosure of the existence of any financing district to the purchasers of any portion of the Subject Property within such district. Any and all such disclosure documentation shall be filed with the office of the City Manager. P% City may require the Developer to submit a particular form of disclosure statement, in addition to any disclosure I1 N:ViU1ELLP\SbVacs \w- tlevel agmt required under applicable law, to prospective purchasers of all or a portion of the 'ec Property, provided that the Developer is offered -the opportunity to comment on any proposed disclosure statement prior to its publication. (d) Best Efforts Undertaking. The Developer acknowledges that the formation of any financing district is subject to protest hearings and, in some cases, voter approval. Although the City agrees to use its best efforts to form one or more financing districts in accordance with the foregoing, it shall incur no monetary liability for its failure to form any such financing district. City staff shall meet and confer with the Developer from time to time with respect to all major aspects of any financing district, but the final decisions regarding all aspects of such financing districts shall be subject to the review and approval of the City Council. (e) Use of Proceeds. All of the proceeds of the reimbursement agreements or other financial obligations levied or imposed on Benefited Property pursuant to this seetien aeZian shall be retained for the benefit of City and, together with all interest earned thereon, shall be allocated in the following order of priority no later than ninety (90) days from the date of collection thereof (i) Reimbursement to City of its ordinary and necessary administrative costs incurred in the creation and administration of such reimbursement agreements. (ii) If Developer has loaned or advanced any funds to the City to fund the Improvements to which the Proceeds are applicable, to repay or reimburse Developer for such loans or advances, pursuant to Section 3.2.4 of this Agreement. (iii) To reimburse Developer, or otherwise pay, for the costs of the planning, engineering, design, construction, acquisition or expansion of the Improvements to which the Proceeds are applicable. Proceeds shall be applied for such purposes before any fees, taxes, charges, assessments or bond proceeds. 3.2.3. City's Good Faith In Processing. City shall accept, process and review, in good faith and in a timely manner, (subject to payment of such application fees as may be charged hereunder in connection therewith) all applications required under all applicable laws, ordinances, rules and regulations for use of the Subject Property, in accordance with the terms of this Development Agreement and as required to determine the compliance of such application with applicable legal requirements. The scope of City's review of remaining or supplementary applications for development approvals shall be conducted in accordance with this Development Agreement and then applicable law, to the extent that applicable law does not conflict with this Development Agreement. To the maximum extent possible under the circumstances, applications for further approvals on the Subject Property shall be given priority in processing. 3.2.4. Right Of Reimbursement From Assessment Proceeds. Developer shall have the right to obtain reimbursement in any such assessment proceeding, special tax proceeding or other financing proceeding undertaken by City, for any costs incurred or fees paid for administration, design and construction of improvements or implementation of mitigation measures that can properly be included in such assessment proceedings, such reimbursement to 12 N: M ELLPISbMocs \w .el ag-t be made together with interest thereon at the rate of interest being charged on the principal amount of the assessments from which said reimbursement is made or at such other rate as City determines fairly compensates for the cost of the funds to be reimbursed. Article 4. Default, Remedies, Termination. 4.1. General Provisions. 4.1.1. Event's Of Default And Notice. Subject to extensions of time by mutual consent in writing, or as otherwise provided herein, material failure or delay by any party to perform any term or provision of this First Amended and Restated Development Agreement constitutes a default hereunder. Upon default under this First Amended and Restated Development Agreement or any of its terms or conditions, the party claiming such default or breach shall give the breaching party not less than thirty (30) days written notice of default, measured from the date of personal service or delivery by certified mail, specifying in detail the nature of the alleged default and when appropriate, the manner in which said default may satisfactorily be cured. During any such thirty (30) day cure period, the party charged shall not be considered in default for purposes of termination or institution of legal proceeding. 4.1.2. Remedies. After proper notice and expiration of said thirty (30) day cure period (or such longer period as the party claiming default may specify) without cure, or if such cure cannot be accomplished within such thirty (30) day period, without commencement of cure within such period and diligent effort to effect cure thereafter, the party to this First Amended and Restated Development Agreement that has given notice of default may, at its option, institute legal proceedings to enforce this First Amended and Restated Development Agreement or give notice of intent to terminate this First Amended and Restated Development Agreement, pursuant to Goverment Code Section 65868. Notice of intent to terminate shall be by certified mail, return receipt requested. Upon delivery by City of notice of intent to terminate, the matter shall be scheduled for consideration and review by the City Council within thirty (30) days in accordance with Goverment Code Sections 65867 and 65868. Upon consideration of the evidence presented in said review and a determination by the City Council based thereon, City may give written notice of termination of this Agreement to the defaulting party. Evidence of default also may arise during annual review pursuant to Section 4.2 below. Any determination of default (or any determination of failure to demonstrate good faith compliance as a part of annual review) made by City against Developer, or any person who succeeds to Developer with respect to any portion of the Subject Property, shall be based upon written findings supported by substantial evidence in the record. Any purported termination of this Agreement for alleged default shall be subject to review in the Superior Court of the County of Orange pursuant to Code of Civil Procedure § 1094.5(c). 4.1.3. No Waiver. Except as otherwise provided herein, any failure or delay by a party to assert any of its rights or remedies as to any default for a period of not to exceed one (1) year shall not operate as a waiver of any default or of any such rights or remedies; nor shall such failure or delay deprive any such party of its right to institute and maintain any actions or proceedings that it may deem necessary to protect, assert or enforce any such rights or remedies. 13 N:\ ELLF%Sb` xs \v evel agmt 4.1.4. Developer's Remedies Limited To Mandamus. City's performance of this First Amended and Restated Development Agreement is comprised of ministerial, non- discriminatory duties that the law specifically enjoins and administrative actions taken as the result of proceedings in which by law hearings are required to be given, evidence is required to be taken and discretion in the determination of facts is vested in City, and, except as otherwise provided in Section 4.1.5 below, Developer shall be entitled to obtain relief only in the form of a writ of mandate in accordance with Code of Civil Procedure Section 1085 or Section 1094.5, as appropriate, to remedy any default by City in the performance of its obligations and duties under this First Amended and Restated Development Agreement. Nothing in this Section 4.1.4 shall be deemed to alter the evidentiary standard or the standard of review that applies to any action of or approval by City pursuant to this First Amended and Restated Development Agreement or with respect to the Subject Property. 4.1.5. City Defaults. If City does not accept, review, approve or issue development permits, entitlements or other land use or building approvals, if any, for use in a timely fashion as provided in this First Amended and Restated Development Agreement or defaults in performance of the obligations on its part to be performed hereunder, Developer (or the owner of the portion of the Subject Property to which such default applies) shall have the rights and remedies provided herein or available in law or in equity, including, but without limitation, the right to seek specific performance and/or writs of mandate in an appropriate case. 4.1.6. Default Remedies Limited To Effected Parcel. Notwithstanding anything to the contrary herein contained, where a default has occurred only with respect to a particular lot or parcel, any remedy or right of termination arising hereunder shall apply solely to or with respect to such lot or parcel and affect only the owner thereof and the holders of interests therein. No liability shall be imposed against or apply to any parcel or portion of the Subject Property with respect to which no default has occurred, nor shall any obligation be imposed against or applied to the owner thereof. 4.1.7. Copies Of Default Notices. The owner of any portion of the Subject Property shall have the right to request copies of notice of default given to the owner of any other portion of the Subject Property. City and any owners of other portions of the Subject Property to whom such request has been made shall honor the same and provide such notice in the manner and to the address specified in the request. 4.1.8. Breach By Action Of The Electorate. The parties understand that the Development Agreement Law authorizes this First Amended and Restated Development Agreement to bind the City even as to actions taken by voters of City. If a court of competent jurisdiction enters a final, non - appealable order to the contrary and City fails or refuses to perform its obligations under this First Amended and Restated Development Agreement solely to comply with a measure adopted by initiative after entry of such a final, nonappealable order subjecting this First Amended and Resta UDevelopment Agreement to the effects of legislation adopted by initiative after the Ordinance Date, this First Amended and Restated Development Agreement shall be modified or suspended to the extent required by Government Code Section 65869.5 and Developer's remedies by reason thereof shall be limited to reformation or rescission of this First Amended and Restated Development Agreement. 14 NAH HELLP�Sb\dm.s.devel agmt 4.2. Annual Review. Good faith compliance by Developer with the provisions hereof shall be subject to annual review, utilizing the following procedures: 4.2.1. Director Of Development Services. Review shall be conducted by the Director Of Development Services ( "Director "). 4.2.2. Developer's Burden. During review, Developer shall be required to demonstrate good faith compliance with the terms of this First Amended and Rectal d Development Agreement and provide such documents in connection with such demonstration as the Director may reasonably request. 4.2.3. Director's Decision: Appeal. At the conclusion of the review, Director shall make written findings and determinations on the basis of substantial evidence, whether or not Developer or its successors have complied in good faith with the terms and conditions hereof. Any determination of failure of compliance shall be subject to the notice requirements and cure periods stated in Section 4. 1. Any interested person may appeal the decision of Director directly to the City Council, such appeal to be filed within ten (10) days after Director has rendered his decision in writing or issued a Certificate of Compliance. 4.2.4. Staff Reports. At least ten (10) days prior to the conduct of any such review, Director shall deliver to Developer a copy of any staff reports and documents to be used or relied upon in conducting tie review. Developer shall be permitted an opportunity to respond to Director's evaluation of its performance by written and oral testimony at a public hearing to be held before Director. 4.25. Failure To Comply: Notice Of Termination. If Director determines that Developer (or any person, firm or entity owning a portion of the Subject Property) has not complied with the terms and conditions hereof, Director may recommend to the City Council that City give notice of termination or modification of this first Amended and Rrstalg d Development Agreement as provided in Government Code §J 65867 & 65868. If termination is proposed, it shall apply solely with respect to that portion of the Subject Property (if less than all) affected by the failure to show good faith compliance and shall be subject to the provisions of Sections 4.1.2 and 4.1.4 hereof. If modification hereof is proposed, the modification shall pertain solely to the provisions hereof that apply to that portion of the Subject Property (if less than all) affected by the condition that has prompted the proposed modification. 4.2.6. Failure To Conduct Review, etc. If City fails either to (i) conduct the annual review for any year, or (ii) notify Developer in writing (following the time during which review is to be conducted) of City's determination as to compliance or noncompliance with the terms of this First Amended nd R tat d D v loam nt Agreement, and such failure remains uncured for sixty (60) days after the date when Developer provides to City notice that such annual review should have been conducted, such failure shall constitute an approval of Developer's compliance with the terms hereof for purposes of the annual review to be conducted within said year. 4.2.7. Notice Of Compliance. City shall provide a written "Notice of Compliance" in recordable form, duly executed and acknowledged by City, whether City's 15 N:W W ELLFSbWDGS \W-devel agmt annual review has resulted in a determination of compliance or compliance is deemed found pursuant to the preceding subparagraph. Any person owning a portion of the Subject Property shall have the right to record such Notice of Compliance. 4.3. Applicable Law /Attorneys' Fees. This First Amended and Restated Development Agreement shall be construed and enforced in accordance with the laws of the State of California. Should any legal action be brought by either party claiming a breach of this First Amended and Restated Development Agreement or to enforce any provision of this Fjf3S Amended and Restated Development Agreement, or to obtain a declaration of rights hereunder, the prevailing party shall be entitled to actual attorneys' fees, court costs and such other costs as may be fixed by the Court. Article 5. Permitted Delays; Effect of Subsequent Laws 5.1. Permitted Delays. Performance by any party of its obligations hereunder (other than for payment of money) shall be excused during any period of "Excusable Delay" as hereinafter defined. Excusable Delay shall also extend the Term hereof for the period of the Excusable Delay or five (5) years, whichever is the shorter. For purposes hereof, Excusable Delay shall include delay beyond the reasonable control of the party claiming the delay (and despite the good faith efforts of such party) including (i) acts of God, (ii) civil commotion, (iii) riots, (iv) strikes, picketing or other labor disputes, (v) shortages of materials or supplies, (vi) damage to work in progress by reason of fire, floods, earthquake or other casualties, (vii) failure, delay or inability of the other party to act, (viii) inability of City, after requests by Developer, to hold hearings necessary to take the actions contemplated in Sections 3.2.2 and/or 3.2.3 hereof, (ix) delay caused by governmental restrictions imposed or mandated by other governmental entities, (x) enactment of conflicting state or federal laws or regulations, (xi) judicial decisions or similar basis for excused performance; (xii) litigation brought by a third party attacking the validity of this E:lr5t Amended and Resta ted Development Agreement, any of the approvals, or any permit, ordinance, entitlement or other action necessary for development of the Subject Property or any portion hereof, shall constitute an excusable delay as to the Subject Property or the owner affected; provided, however, that any party claiming delay shall promptly notify the other party (or parties) of any delay hereunder as soon as possible after the same has been ascertained, and give notice to the other party or parties of the end of the event or condition causing the delay as soon as reasonably possible after cessation of the event or condition causing the delay. 5.2. Arbitration Of Dispute Over Existence Of Excusable Delay. 5.2.1. Disputes Subject, To Arbitration. Any dispute between the patties concerning the existence of Excusable Delay shall be resolved by arbitration. Such arbitration shall be final and binding between the parties, and the order of the arbitrator may be enforced in the manner provided for enforcement of a judgment of a court of law pursuant to the applicable provisions of the California Code of Civil Procedure. The arbitration shall be conducted in accordance with the procedures set forth in Sections 5.2.2 through 5.2.8 below. 5.2.2. Demand. Any party who has a claim (the "Demanding Party ") hereunder to be resolved through arbitration shall state the claim (the "Claim") in writing. The Claim shall 16 N:WWELLMb\Cocs \w -devel agmt include (i) the item or matter in dispute, (ii) the Demanding Party's position, and (iii) a specific statement of the exact relief the Demanding Party requests. 5.2.3. Meet And Confer. The parties shall meet and confer in an attempt to resolve the matter raised by the Claim. If they are unable to reach a resolution within thirty (30) days after the date of the Claim, then within ten (10) days thereafter, the Demanding Party shall either (i) restate its Claim, (ii) amend the Claim, or (iii) withdraw the Claim. Failure on the part of the Demanding Party to withdraw or amend the Claim in writing shall constitute a restatement thereof. 5.2.4. Response. If the Claim is not withdrawn within the ten (10) day period provided for in Section 5.2.3 above, the other party (the 'Responding Party ") shall, within fifteen (15) days after expiration of the ten (10) day period provided for in Section 5.2.3 above, prepare a response to the Claim (the "Response ") specifying (i) the Responding Party's position on the Claim, and (ii) the exact relief the Responding Party requests. 5.2.5. Submission To Arbitration. The matter or matters in dispute shall be submitted to the arbitrator on the basis of the issue as framed by the Claim (as the same may have been amended pursuant to Section 5.2.3 above) and the Response. The arbitrator shall be a person from the Orange County Area with at least five (5) years experience and professional qualifications in the subject matter in dispute under the Claim and Response. If the parties are unable to agree on the selection of a single person to serve as arbitrator for the resolution of the dispute within thirty (30) days after the date of the Response, then either party shall have the right to apply for the appointment of a duly qualified person to act as arbitrator to the Presiding Judge of the Superior Court of the County of Orange, State of California, and neither party shall have any right to object to the qualifications of said Judge to make such appointment. If the arbitrator resigns or refuses to serve, then a new arbitrator shall be appointed as herein provided. 5.2.6. Hearing. As soon as convenient after appointment, the arbitrator shall meet with the parties to hear evidence and argument on their Claim or Response. The arbitrator shall not be bound by the Rules of Evidence in the conduct of such proceeding although the arbitrator shall take account of said rules in considering the weight of the evidence. I o the extent applicable, the decision of the arbitrator shall conform to law and the arbitrator shall be entitled to retain an independent attorney to advise him as to such questions of law that may arise during the proceeding. In making a decision, the sole function of the arbitrator shall be to determine whether (i) the relief requested in the Claim, or (ii) the relief requested in the Response is the more appropriate relief to be given in connection with the matter in dispute, and the arbitrator shall have no right to fashion an independent or different result. 5.2.7. Payment Of Costs By The Parties. Each party shall pay one -half (1/2) of the fees and costs of the arbitrator and all of its own costs and attomeys' fees in connection with the arbitration, except that the arbitrator may award to the prevailing party its costs and reasonable attomeys' fees, pursuant to Section 5.2.8. 5.2.8. Award Of Costs And Fees. The arbitrator shall have no right to award costs or attomeys' fees to either party unless the arbitrator determines that the Claim or the Response is based on a position totally lacking in merit or that was asserted for purposes solely 17 NIHWELLPSbM=X.\ ewl agmt of delay, in which caw the arbitrator shall have the right to award costs and attorneys' fees to the Prevailing Party. 5.3. Effect Of Subsequent Laws. If any governmental or quasi - governmental agency other than City adopts any law, regulation or imposes any condition ('Law "), after the date of this First Amended and Restated Development Agreement that prevents or precludes compliance with one or more provisions of this First Amended and Restated Development Agreement, and the provisions hereof are not entitled to the status of vested right as against such Law, then the provisions of this First Amended and Restated Development Agreement shall, to the extent feasible, be modified or suspended as may be necessary,to comply with such Law. Immediately after enactment of any such law, the parties shall meet and confer in good faith to determine the feasibility of any such modification or suspension based on the effect such modification or suspension would have on the purposes and intent of this First Amended and tate Development Agreement. Developer shall have the right to challenge such Law and seek a declaration that it does not affect or diminish the provisions hereof. If any such challenge is successful, this First Amended and Restated Development Agreement shall remain unmodified and in full force and effect. Article 6. Cooperation of City. 6.1. Other Governmental Permits. 6.1.1. City Action. City shall cooperate with Developer in its endeavors to obtain any other permits and approvals as may be required from other governmental or quasi - govemmenud agencies having jurisdiction over the Subject Property or portions thereof (including without limitation, public utilities or utility districts and agencies having jurisdiction over transportation facilities and air quality issues) and shall, from time to time, at the request of Developer join with Developer in the execution of such permit applications and agreements as may be required to be entered into with any such other agency, so long as the action of that nature will not require City to incur any cost, liability or expense without adequate indemnity against or right of reimbursement therefor. 6.13. Modification Of First Amended and Restated Development Agreement To Obtain Permits, etc. Permits and approvals required from other agencies may necessitate amendments to this First Amended and Restated Development Agreement and/or to one or more of the approvals or other approvals granted by City. City shall not unreasonably withhold approval of any amendment hereof that is mandated by conditions of approval imposed by any other governmental agency. 6.2. Cooperation In Dealing With Legal Challenge. If any action or other proceeding is instituted by a third party or parties, other governmental entity or official challenging the validity of any provision of the Approvals, the FEIR, or this First Amended and ted Development Agreement, Developer and City shall cooperate in defending any such action. City shall notify Developer of any such legal action against City within ten (10) working days after City receives service of process, except for any petition for injunctive relief, in which case City shall notify Developer immediately upon receipt of notice thereof. Developer shall indemnify, hold harmless and defend City, and any of its officers, employees or agents for any 18 N.*MELLPSb`d= \w -devel agmt claim or lawsuit brought to challenge the validity or enforcement of the AppreN,als vested Comte jents, the FEIR, or this First Amended and .2u ared Development Agreement, instituted by a third party or another governmental entity or official; provided, however, that if City fails promptly to notify Developer of any legal action against City, or if City fails to reasonably cooperate in the defense, Developer shall not thereafter be responsible for City's defense. Developer shall reimburse promptly all of City's defense costs including, without limitation, court costs, attorneys fees and expert witness and consultant fees. Developer shall promptly pay all monetary awards, judgments, verdicts, court costs and attorneys fees that may be awarded in such action. City shall be entitled to select counsel to conduct its defense in any such action; provided, however, that City shall instruct such counsel to cooperate with Developer as provided in this Section 6.2. Article 7. Mortgagee Protection; Certain Rights of Cure. 7.1. Mortgagee Protection. This First Amended and R ctat d Development Agreement shall be superior and senior to any Hen LI-eL placed upon the Subject Property, or any portion thereof, after the date of recording this First Amended and Restat d Development Agreement (other than liens to secure taxes and assessments levied by City to raise funds for construction of improvements or for other public purposes), including the lien of any deed of trust or mortgage ( "Mortgage "). Notwithstanding the foregoing, no breach hereof shall defeat, render invalid, diminish or impair the lien of any Mortgage made in good faith and for value, but all of the terms and conditions contained in this First Amended and Restated Development Agreement shall be binding upon and effective against any person or entity, including any deed of trust beneficiary or mortgagee ( "Mortgagee ") who acquires tide to the Subject Property, or any portion thereof, by foreclosure, trustee's sale, deed in lieu of foreclosure, or otherwise. The terms hereof shall be binding upon and effective against any person or entity that acquires title to the Subject Property, or any portion thereof, by foreclosure of or sale under any assessment lien levied by City to raise funds for construction of improvements or for other public purposes. 7.2. Mortgagee Not Obligated. Notwithstanding the provisions of Section 7.1 above, no Mortgagee shall have any obligation or duty under this First Amended and Restated Development Agreement to construct or complete the construction of improvements, or to guarantee such construction or completion; provided, however, that a Mortgagee shall not be entitled to devote the Subject Property to any uses or to construct any improvements thereon other than those uses or improvements provided for or authorized by this First Amended and Restated Development Agreement; and provided further, however, that the purchaser or successor to any such Mortgagee shall not be relieved of any such construction obligations all of which shall immediately reattach upon conveyance by such Mortgagee. 73. Notice Of Default To Mortgagee. If City receives notice from a Mortgagee requesting a copy of any notice of default that may be given to Developer hereunder and specifying the address for service thereof, then City shall deliver to such Mortgagee, concurrently with service thereon to Developer, any notice given to Developer with respect to any claim by City that Developer has committed an event of default; and if City makes a determination of noncompliance hereunder, City shall likewise serve notice of such noncompliance on such Mortgagee concurrently with service thereof on Developer. Each Mortgagee shall have the right during the same period available to Developer to cure or remedy, 19 N:Wi ELLRSbWws\v level agmt or to commence to cure or remedy, the event of default claimed or the areas of noncompliance set forth in City's notice. Article 8. Transfers And Assignments. 8.1. Restriction On Transfer Of Developer's Rights And Obligations. Except as provided in Section 8.2 below, Developer shall not sell, assign, transfer, mortgage, hypothecate, or similarly convey (collectively, a "Transfer ") any of Developer's rights or obligations hereunder. Developer acknowledges that the identity of Developer is of particular concern to City, and it is because of Developer's identity that City has entered into this EjW Amended and Restated Development Agreement with Developer. No voluntary or involuntary successor in interest of Developer shall acquire any rights or powers under this First Amended and Restated Development Agreement. No transfer or assignment hereunder shall be deemed to release Developer from the obligations of Developer hereunder except upon the issuance of a Certificate of Compliance (as defined herein) setting forth such release with specificity. 8.2. Permitted Transfers. Notwithstanding the provisions of Section 8.1, Developer may make the following "Permitted Transfers," provided that such Permitted Transfers comply in all respects with the Subdivision Map Act, Government Code Sections 66410 et seq. 8.2.1. Upon the prior written approval of City, Developer may transfer this Eial Amended and Restate Development Agreement, or the Subject Property, to any Transferee, provided that the Transferee has the skill or experience equal to or greater than that of Developer with respect to quality, character, track record, financial ability and reputation, as determined by City in the exercise of its reasonable, good faith business judgement the 8.2.2. Developer may transfer any common areas or commonly owned improvements, located within the boundaries of a duly filed final parcel map or subdivision map and so designated on that map, to an association composed in whole or in part of the owners of lots or parcels within the boundaries of that duly filed final map. 8.2.3. Developer may execute mortgages, deeds Of gf trust, sales and leaseback, or any other form of encumbrance or conveyance required for any reasonable method of financing from an institutional lender with the prior written approval of City (which said approval shall not be unreasonably withheld or delayed), for the purpose of securing loans or funds to be used for financing the direct or indirect costs of the development of the Subject Property (including land development costs, reasonable and customary developer fees, loan fees and costs, and other normal and customary project costs). 8.2.4. Developer may transfer any lot or parcel shown on a duly filed final subdivision map, which said parcel constitutes a lot created for the purposes of residential use in 20 N.* WELLPSbWO \w -level agmt accordance with the terms of the Specific Plan and the other restrictions herein contained, without the prior approval of City. Release Of Developer. Notwithstanding a Transfer, k_i6nk< <v � mat is transferred unless Developer is released from its obligations under this First Amended and Restated Development Agreement by City, in writing, setting forth the remaining obligations, if any, pursuant to this First Amended and to Development Agreement (the "Certificate Of Compliance "). Within fifteen (15) days after written demand from Developer, City shall issue a Certificate of Compliance that shall be recorded with respect to the portion of the Subject Property affected thereby and that is released from further obligations under this First Amended and Re tared Development Agreement. The Certificate of Compliance shall state with specificity the completed obligations of Developer and the continuing or remaining obligations of Developer. Notwithstanding any other provision to the contrary contained in this Fjrst Amended and Re fated Development Agreement, City shall not be required to issue a Certificate of Compliance during any period in which Developer is in default in performance of its obligations hereunder. Notwithstanding the foregoing (and anything to the contrary herein contained), the filing of. the final subdivision map with respect to the portion of the Subject Property to be developed for residential uses under the Speei€ie -Plan CDP Conditions shall constitute the Certificate Of Compliance with respect to that portion of the Subject Property included within the boundaries of the final subdivision map and a release of all obligations under this First Amended and Restated Development Agreement with respect to that portion of the Subject Property except those obligations expressly made a condition of filing said final subdivision map. 8.4. No Third Parties Benefited. No third party that is not a party hereto or a successor or assign of a party hereto, may claim the benefits of any provision hereof-, and any third party so benefited in fact shall have no rights greater than those that would be held by any member of the public affected by such actions or enactments without regard to this it t Amended and Restated Development Agreement. 8.5. Covenants Run With The Land. All of the provisions, agreements, rights, powers, standards, terms, covenants and obligations contained in this First Amended and Restated Development Agreement shall be binding upon the parties and their respective heirs, successors (by merger, consolidation, or otherwise) and assigns, devisees, administrators, representatives, lessees, and all other persons or entity acquiring the Subject Property, any lot, parcel or any portion thereof, or any interest therein, whether by sale, operation of law or in any manner whatsoever, and shall inure to the benefit of the parties and their respective heirs, successors (by merger, consolidation or otherwise) and assigns. All of the provisions of this FFi� Amended and Restated Development Agreement shall be enforceable during the Term as equitable servitudes and constitute covenants running with the land pursuant to applicable law, including, but not limited to Section 1468 of the Civil Code of the State of California. Each covenant to do or refrain from doing some act on the Subject Property hereunder, or with respect to any City owned property or property interest, (i) is for the benefit of such properties and is a 21 N: %H ELLP\SbWocs \w -decal agmt burden upon such property, (H4JW runs with such properties, and (iii) is binding upon each party and each successive owner during its ownership of such properties or any portion thereof, and each person or entity having any interest therein derived in any manner through any owner of such properties, or any portion thereof, and shall benefit each party and its property hereunder, and each other person or entity succeeding to an interest in such properties. Article 9. Release Of PevelapmpntAgFeement Obligations As To Developed Portions Of Subject Property. 9.1. Statement Of Purpose. In this Article 9, the parties desire to provide for a discharge of the obligations of the First Amended and Rg5lal2d Development Agreement upon filing of a final subdivision map or parcel map with respect to any portion of the Subject Property so that City and the purchaser (or purchasers) and encumbrancer (or encumbrancers) of any such lot or parcel need not be concerned with any of the obligations herein contained other than those made pertinent to such lot or parcel as a condition of filing of the final subdivision map or parcel map creating the same. 9.2. Release. All obligations of Developer shall be deemed discharged and fulfilled with respect to lots or parcels shown on duly ffied final subdivision maps or parcel maps, subject to compliance with (i) the conditions imposed in connection with such filing, and (ii) the conditions upon issuance of building permits with respect to structures to be located thereon imposed pursuant to this First Amended and Restated Development Agreement. No such final subdivision map or parcel map shall be subjected to filing conditions that shall cause or require Developer to perform obligations with respect to the lands so divided in excess of those obligations required pursuant to the Vested Components. Such final subdivision map or parcel map shall be deemed to establish compliance with the requirements hereof to the full extent of a Certificate of Compliance or Estoppel Certificate provided pursuant to Section 11.7. Article 10. Amendment. 10.1. General Provision. This First Amended and Restated Development Agreement may be amended in the manner provided in the Development Agreement Legislation, except as otherwise expressly provided herein. 10.2. Administrative Amendments. Any provision hereof or of the Vested Components that does not (i) change the density, intensity or nature of the uses permitted on the Subject Property, (ii) diminish the areas to be dedicated for public purposes, or (iii) materially reduce Developers improvement obligations with respect to any portion of the Subject Property, may be adopted and implemented as an administrative matter, without action by the City Council, by the City Manager and Developer (or the successor to Developer with respect to the portion of the Subject Property affected by the administrative amendment). Any such amendment shall take effect fifteen (15) days after execution thereof by both parties with written notice hereof to the members of the City Council by delivery to the City Clerk. 10.3. City Waivers. City may waive, reduce the burden of or revise the Vested Components as they apply to any portion of the Subject Property with the consent of the owner of such portion, so long as: (i) the waiver, reduction or revision does not conflict with the land 22 N:W WELLF�SbWms \.Eevel agmt uses, improvement or mitigation requirements of the Vested Components (or any permit or approval granted thereunder), (ii) such reduction or waiver does not increase the burden imposed upon a portion of the Subject Property owned by any other owner, and (iii) the waiver, reduction or revision is ke not iReensistent conflict with the r the Speei fie Plan r r b ��` n 't' 10.4. Right Of Amendment. No owner of less than all. of the Subject Property shall have the right to seek or consent to amendment of the terms . hereof, to terminate this Eijg Amended and Restated Development Agreement or enter into an agreement to rescind any provisions hereof in a manner that is binding upon or affects any of the Subject Property other than that owned in fee simple by said owner. City's review of an amendment to this) I Amended and Restated Development Agreement shall be limited to consideration of the proposed modification solely as it relates to the portion of the Subject Property directly impacted by the modification or as it relates to the specific obligations of the person, firm or entity that owns fee simple title to the land affected by such modification, as the case may be. No unrelated amendments shall be entertained or conditions imposed by City as a condition to approving a proposed amendment. Article 11. General Provisions. 11.1. Project is a Private Undertaking. The development proposed to be undertaken by Developer on the Subject Property is a private development. Except for that portion thereof to be devoted to public improvements to be constructed by Developer in accordance with the Vested Components, City has no interest in, responsibility for or duty to third persons concerning any of said improvements; and Developer shall exercise full dominion and control over the Subject Property, subject only to the limitations and obligations of Developer contained in this First Amended and Restated Development Agreement. Developer shall hold and save City harmless and indemnify it of and from any and all loss, cost, damage, injury or expense, arising out of or in any way related to injury to or death of persons or damage to property that may arise by reason of the physical development of the Subject Property Pursuant to this First Amended and &,Slated Development Agreement; provided, however, that the foregoing indemnity shall not include indemnification against (i) suits and actions brought by Developer by reason of City's default or alleged default hereunder, or (ii) suits and actions caused solely by or resulting solely from City's material acts or omissions, or (iii) suits and actions arising from the sole negligence or willful misconduct of City; provided further, however, that the foregoing indemnity shall not apply to claims pertaining to ownership and operation of those portions of the Subject Property dedicated to and accepted by City arising from and after the dedication thereof. 11.2. Notices, Demands and Communications Between The Parties. Formal written notices, demands, correspondence and communications between City and Developer shall be sufficiently given if personally served or mailed by registered or certified mail, postage prepaid, return receipt requested, to the addresses of City or Developer stated on the signature page hereto. Notice may also be given by telephone facsimile to the telephone numbers given on the signature page, with a confirming copy of the facsimile communication mailed on the same day as above provided. Notices and demands shall be effective upon receipt. Such written notices, demands, correspondence and communications may be sent in the same manner to such 23 MWM ELLP\SbWMS \W-d vel agmt other persons and addresses as either party may from time -to -time designate by notice as provided in this section and the foregoing addresses may be changed by notice given as herein provided. 11.3. No Joint Venture or Partnership. Nothing contained in this Development Agreement or in any document executed in connection with this First Amended and Restated Development Agreement shall be construed as creating ajoint venture or partnership between City and Developer. 11.4. Severability. If any provision of this Fi_. t Amended and Restated Development Agreement is held invalid, void or unenforceable but the remainder of their j Amended and Restated Development Agreement can be enforced without failure of material consideration to any party, then the Fir t Amended and Restated Development Agreement shall not be affected and it shall remain in full force and effect, unless amended or modified by mutual consent of the parties. If any material provision of this First Amended and Restated Development Agreement is held invalid, void or unenforceable, however, the owner of any portion of the Subject Property affected by such holding shall have the right in its sole and absolute discretion to terminate this First Amended and Restated Development Agreement as it applies to the Subject Property so affected, upon providing written notice of such termination to City. 115. Interpretation. To the maximum extent possible, this First Amended and $mod Development Agreement shall be construed to provide binding effect to the Vested Components, to facilitate use of the Subject Property as therein contemplated and to allow _ development to proceed upon all of the terms and conditions applicable thereto, including without limitation, public improvements to be constructed and public areas to be dedicated. 11.6. Completion Or Revocation. Upon completion of performance by the parties or revocation of this First Amended and _Restated Development Agreement, a written statement acknowledging such completion or revocation, signed by the appropriate agents of City and Developer shall be recorded in the Office of the Recorder of Orange County, California. 11.7. Estoppel Certificate. Either party may, at any time, and from time to time,. (but no more frequently than four (4) times in any calendar year) deliver written notice to the other party requesting such party to certify in writing that, to the knowledge of the certifying party, (i) this First Amended and Restated Development Agreement is in full force and effect and a binding obligation of the parties, (ii) this First Amended and Restated Development Agreement has not been amended or modified either orally or in writing, and if so amended, identifying the amendments, and (iii) the requesting party is not in default in the performance of its obligations under this First Amended and Restated Development Agreement, or if in default, to describe therein the nature and amount of any such defaults. A party receiving a request hereunder shall execute and return such certificate or give a written detailed response explaining why it win not do so within thirty (30) days following the receipt thereof. Each party acknowledges that such a certificate may be relied upon by third parties acting in good faith. A certificate provided by City establishing the status of this First Amended and Restated Development Agreement with respect to any lot or parcel shall be in recordable form and may be recorded with respect to the affected lot or parcel at the expense of the recording party. Failure to deliver such a certificate or a written denial within the time specified above shall constitute a 24 N: VIWELLPSb\dms%.dew1 agmt conclusive presumption against the party failing to provide the certificate that this First Amended and Restated Development Agreement is in full force and effect, without modification, except as may be represented by the requesting party; and that there are no uncured defaults in the performance of the requesting party except as may be so represented. 11.8. Construction. All parties have been represented by counsel in the preparation of this Eirst Amended and Re tated Development Agreement and no presumption or rule that ambiguity shall be construed against a drafting party shall apply to interpretation or enforcement hereof. This First Amended and Restated Development 6giegment fully 5uMr5g,,deA and replaces the Development Agreement which hall hay no f ,Whey force or eff ct. 11.9. Counterpart Execution. This First Amended and Re5tawd Dev lonment Agreement may be executed in any number of counterparts and shall be deemed duly executed when each of the parties has executed such a counterpart. 11.10. Time. Time is of the essence of each and every provision hereof. IN WITNESS WHEREOF, the parties hereto have executed this Development Agreement as of the day and year first above written. "City" CITY OF SEAL BEACH, a Municipal Corporation of the State of California 211 8th Street Seal Beach, CA 90740 -6379 (562) 431 -2527 By: Ma4b° n_ 4 a Patty Campbell Mayor ATTEST: By: Joanne M. Yeo City Clerk "Developer" HELLMAN PROPERTIES, LLC Attn: F. Jerome Tone, Agent 744 ^ _...._ .,.._.,., 980 Fifth Ave. Suite 489 25 N:WWELLRSb\da \w evel agmt San F-FM656a; Ea fae CA 94I-1I 24M By: Its: APPROVED AS TO FORM LN Quinn M. Barrow City Attorney 26 N:\HWELLP bd = \WMevel agmt EXHIBIT I A J�T� • _ • Y • V _• • • - •J . • , • . • • • - t - �i t (Hellman Properties LLC - Hellman Ranch Property) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATE[) IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF SECTION 11 AND OF THE WEST HALF OF SECTION 12, TOWNSHIP 5 SOUTH, RANGE 12 WEST, WITHIN LOT C -1 OF THE RANCHO LOS ANGELES, AS PER MAPS 1 AND 2 FILED IN DECREE OF PARTITION, IN THE SUPERIOR COURT OF CALIFORNIA, IN AND FOR THE COUNTY OF LOS ANGELES, CASE NO. 13527, A CERTIFIED COPY OF THE FINAL DECREE OF SAID CASE HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PAGE 31 OF DEEDS IN THE OFF[CE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE NORTHWESTERLY LINE OF SAID LOT C -I, ALSO BEING THE SOUTHEASTERLY LINE OF THE STRIP OF LAND 100 FEET IN WIDTH OF THE LOS ANGELES GAS AND ELECTRIC CORPORATION, WITH A LINE PARALLEL WITH AND SOUTHERLY 1056.14 FEET FROM THE NORTH LINE OF THE SOUTH HALF OF SAID SECTION 11, SAID INTERSECTION BEING ALSO THE NORTHWESTERLY CORNER OF LOT 18 OF TRACT NO. 1817 AS PER MAP RECORDED IN BOOK 82, PAGES 26 TO 31 INCLUSIVE OF MISCELLANEOUS MAPS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE; THENCE, ALONG THE NORTHERLY BOUNDARY OF SAID TRACT, AND ALONG THE NORTHERLY BOUNDARY OF TRACT NO. 2590 AS PER MAP RECORDED IN BOOK 82, PAGES 32 TO 39 INCLUSIVE OF SAID MISCELLANEOUS MAPS, THE FOLLOWING COURSES: SOUTH 89 DEGREES 47' 55" EAST 535.26 FEET; SOUTH 17 DEGREES 39'50" EAST 224.72 FEET; SOUTH 58 DEGREES 14'20" EAST 233.06 FEET; NORTH 83 DEGREES 25' 10" EAST 483.32 FEET; NORTH 67 DEGREES 58' 55" EAST 235.00 FEET; NORTH 13 DEGREES 25'35" EAST 110.30 FEET; NORTH 54 DEGREES 00' 10" EAST 139.31 FEET; SOUTH 89 DEGREES 47'55" EAST 2640.57 FEET; AND SOUTH 44 DEGREES 52'03" EAST 548.68 FEET TO THE WESTERLY LINE OF BAY BOULEVARD; THENCE, ALONG SAID WESTERLY LINE, NORTH 30 DEGREES 38' 00" EAST 1702.41 FEET TO THE SOUTHWESTERLY LINE OF THE LAND DESCRIBED IN THE DEED TO THE REDEVELOPMENT CENTER OF THE CITY OF SEAL BEACH, RECORDED FEBRUARY 27 N-% WELLP'SbXdacSWv dwel agmt 27, 1976 IN BOOK 11659, PAGE 1767 OF OFFICIAL RECORDS; THENCE NORTH 65 DEGREES 43'42" WEST 1344.43 FEET ALONG SAID SOUTHWESTERLY LINE TO THE SOUTHEASTERLY CORNER OF THAT CERTAIN PARCEL OF LAND SHOWN AS CONTAINING 124.077 ACRES ON A MAP FILED IN BOOK 83, PAGE 22 OF RECORD OF SURVEYS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY OF ORANGE, BEING ALSO THE SOUTHEASTERLY CORNER OF THE LAND DESCRIBED AS PARCEL C1 -104 IN THE DEED TO THE ORANGE COUNTY FLOOD CONTROL DISTRICT, RECORDED JANUARY 27, 1961 IN BOOK 5609, PAGE 69 OF OFFICIAL RECORDS; THENCE, ALONG THE BOUNDARY OF SAID LAND, NORTH 89 DEGREES 48'27 " WEST 380.00 FEET; NORTH 53 DEGREES 34'46" WEST 1116.68 FEET; NORTH 89 DEGREES 48'02" WEST 310.00 FEET; AND NORTH 0 DEGREES 09'46" EAST 60.85 FEET TO THE BOUNDARY LINE BETWEEN STATIONS 1 AND 2 OF LOS ANGELES AND ORANGE COUNTIES, AS SURVEYED BY THE COUNTY SURVEYOR OF SAID LOS ANGELES COUNTY, AND ESTABLISHED BY THE CALIFORNIA LEGISLATURE IN 1919, AND AS SHOWN ON LOS ANGELES COUNTY SURVEYOR'S MAP NO. 8175 RECORDED IN BOOK 39, PAGE 52 OF MISCELLANEOUS RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID LOS ANGELES COUNTY; THENCE SOUTH 57 DEGREES 06' 51" WEST 2979.04 FEET TO THE INTER- SECTION WITH THE LINE DESCRIBED IN SEAL BEACH BOUNDARY AGREEMENT NO. 2, AS DESCRIBED IN DOCUMENT NO. 4989 RECORDED APRIL 8, 1968 IN BOOK 9565, PAGE I OF OFFICIAL RECORDS; THENCE, ALONG SAID AGREEMENT LINE, BEING ALSO THE RANCHO LOS ALAMITOS LINE BETWEEN STATIONS 50 AND 51, AS PER MAP NO. 2 OF A PARTITION OF SAID RANCHO, FILED IN DECREE OF PARTITION IN SUPERIOR COURT CASE NO. 13527, IN THE SAID COUNTY OF LOS ANGELES, A COPY OF WHICH WAS RECORDED JANUARY 29, 1891 IN BOOK 700, PAGE 141 OF DEEDS IN SAID COUNTY RECORDER'S OFFICE OF LOS ANGELES COUNTY, A COPY OF WHICH WAS RECORDED MARCH 12,1891 IN BOOK 4, PAGE 31 OF DEEDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY; THENCE SOUTH 37 DEGREES 51' 40" EAST 465.20 FEET ALONG SAID AGREEMENT LINE AND RANCHO LINE, TO STATION So OF THE RANCHO LOS ALAMITOS; THENCE SOUTH 54 DEGREES 3705" WEST 613.07 FEET, CONTINUING ALONG SAID RANCHO LINE TO THE POINT OF BEGINNING. EXCEPT THEREFROM, THAT PORTION CONVEYED TO THE CITY OF LOS ANGELES BY DEED RECORDED FEBRUARY 15, 1961 IN BOOK 3629, PAGE 527 Of OFFICIAL RECORDS. (Southern California Edison) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT, IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL A: 28 NA"ELLP\Sb\dwS \w-d wel agmt •' • • •' • WIN• 1' • 1 1 • • • • 1 • ' • • • • • • • •1 • ••• • 1 • 1 • 1 :•• 11 41 • • RECORDS, •• • OF ••• COUNTY. EXCEPTING ' • • • • • I • 1 • of 1 • • • 1' • • • • • 1' • • I 1 •'• • 1 1 I • 1 BOOK 1 AND FOLLOWING, OF U OFFICIAL RECORDS. ALSO EXCEPTING THEREFROM THE NORTHWESTERLY 50.00 FEET THEREOF. RA RGEL 13: - _ -.. _ ..• a. _ _ _ _ _ - _ •_ _ u_ __ _ _ • . _ __ .••_ •_ \__ •.IY_.._ WON 1 •_ _ 4 c • BOOK 12075, _ _ 449, •_ _ RECORDS •• GOWiTya FIXC-E _ Y. _ •� _ _ 41_ •_ • _ . L _ _ _ It (Southern California Edison). DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, AND IS DESCRIBED AS FOLLOWS: THOSE PORTIONS OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER AND THE SOUTH HALF OF TIM NORTHEAST QUARTER, ALL OF SECTION 11, TOWNSHIP 5 SOUTH, RANGE 12, WEST, IN THE RANCHO LOS ALAMITOS, COUNTY OF ORANGE, STATE OF CALIFORNIA, AS PER MAP FILED IN DECREE OF PARTITION IN THE SUPERIOR COURT OF LOS ANGELES COUNTY, AS CASE NO. 13527, A CERTIFIED COPY OF SAID DECREE HAVING BEEN RECORDED FEBRUARY 2,1891 IN BOOK 14, PACE 31 OF DEEDS OF. SAID ORANGE COUNTY AND THAT PORTION OF TIDE LAND LOCATION NO. 137 "SURVEY No. 106 ", AS PATENTED BY THE STATE OF CALIFORNIA ON FEBRUARY 12,1901, AND RECORDED APRIL 27,1901 IN BOOK 9, PAGE 105 OF PATENTS, RECORDS OF LOS ANGELES COUNTY, AND RECORDED SEPTEMBER 5, 1905 IN BOOK 1, PAGE 231 Of PATENTS RECORDS OF ORANGE COUNTY, DESCRIBED AS FOLLOWS: BEGINNING AT POINT "A ", HEREINBEFORE REFERRED TO IN PARCEL 1; THENCE SOUTH 00 10'24" WEST, 419.23 FEET TO A 4 INCH PIPE SET IN CONCRETE MARKED LAG 40; THENCE SOUTH 54'49'00" WEST, 2721.05 FEET TO STATION NO. 50 OF SAID RANCHO; THENCE CONTINUING SOUTH 540 48'00", WEST, 613.69 FEET TO A POINT ON THE EASTERLY LINE OF THE PACIFIC COAST HIGHWAY AS DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA RECORDED DECEMBER 2, 1929 IN BOOK 332, PAGE 237 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY; THENCE NORTH 00 54'57" WEST, 120.93 FEET ALONG SAID EASTERLY LINE OF THE PACIFIC. COAST HIGHWAY; THENCE NORTH 540 48' 00" EAST, 3058.35 FEET; THENCE NORTH 270 29'12" EAST, 278.25 FEET; THENCE NORTH 00 10'24" EAST, 146. 18 FEET TO SAID 4 INCH PIPE SET IN CONCRETE MARKED LAG 37, HEREINBEFORE REFERRED TO IN PARCEL 1; THENCE NORTH 570 10'40" EAST, 119.22 FEET TO SAID POINT "A" AND THE POINT OF BEGINNING. EXCEPTING THEREFROM THAT PORTION DESCRIBED AND DESIGNATED PARCEL 13 OF EXHIBIT "D" IN THAT CERTAIN EXCHANGE AGREEMENT RECORDED APRIL 23, 1970 IN BOOK 9272, PAGE 140 OF OFFICIAL RECORDS IN THE OFFICE OF THE COUNTY RECORDER OF SAID ORANGE COUNTY. ALSO EXCEPTING THEREFROM THAT PORTION LYING WITHIN THE PROPERTY DESCRIBED IN THE DEED TO THE STATE OF CALIFORNIA, RECORDED FEBRUARY 2,1981 IN BOOK 13934, PAGE 1637 OF OFFICIAL RECORDS. 30 N:WWELLMb\d= \w -dwel agmt ALSO EXCEPTING THEREFROM ALL OIL, GAS, PETROLEUM AND OTHER MINERALS OR HYDROCARBON SUBSTANCES IN AND UNDER OR WHICH MAY BE PRODUCED FROM SAID LAND, WITHOUT, HOWEVER, THE RIGHT TO USE THE SURFACE OF SAID LAND, AS EXCEPTED AND RESERVED IN THOSE CERTAIN DEEDS RECORDED SEPTEMBER 26, 1924 IN BOOK 542, PAGE 120 OF DEEDS AND RECORDED FEBRUARY 15, 1961 IN BOOK 5620, PAGE 527, OF OFFICIAL RECORDS, BOTH IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. (City of Seal Beach Redevelopment Agency) DESCRIPTION THE LAND REFERRED TO IN THIS REPORT IS SITUATED IN THE STATE OF CALIFORNIA, COUNTY OF ORANGE, CITY OF SEAL BEACH, AND IS DESCRIBED AS FOLLOWS: PARCEL 1, AS SHOWN ON A MAP FILED IN BOOK 94, PAGE 1 OF PARCEL MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF ORANGE COUNTY, CALIFORNIA. 31 N.\"ELLMSb\dxs \w -Eevel agmt • -A wwol • \ • • • 31 N.\"ELLMSb\dxs \w -Eevel agmt P7 m's" 34 N: \H \HELLP Sb\dms \w -level agmt _ ! .1• • ! ••_•! • _ _ •• 1 . 1 !•. _ •_ . \ MIAMI _I _ _I _ _ . • ! • 1 I& vow u mmuffil sam Wei nomm P7 m's" 34 N: \H \HELLP Sb\dms \w -level agmt N:W \HELLP\SbWO kw -deve agmt I DRAFT CDP CONDITIONS 35 STATE OF CALIFORNIA - THE RESOURCES AGENCY GRAY DAMS Governor CALIFORNIA COASTAL COMMISSION Page: Page 1 of 19 South Coast Area OKoa 200 Oceangale.Suite 1000 Date: Long Beach, CA 90602 <302 Permit Application No.: 5 -97- 367 -A1 (562) 590 -5071 DRAFT 0122/2001 2:06 PIA - NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Coastal Development Permit 5 -97 -367 granted to Hellman Properties LLC consisting of: Subdivide 196 acre site into 9 parcels, including subdivision of one parcel into 70 single - family residential lots in a private community; construct a public golf course (including 6.8 acres of marsh integrated into the golf course) and golf clubhouse; dedicate Gum Grove Park to the City of Seal Beach; create 26.0 acres of saltwater marsh and reserve existing oil production areas for future wetland restoration; construct interpretive areas, dedicate public access trails, and visitor- serving recreation facilities; extend Adolfo Lopez Drive, and conduct an archaeological testing program, has been amended. On October 11, 2000, the California Coastal Commission granted to Hellman Properties LLC Coastal Development Permit Amendment 5 -97- 367 -A1, subject to the attached conditions, for development consisting of: Change the proposed project description to eliminate a 100 acre golf course and associated wetland impacts and wetland restoration; add a deed restriction reserving lowlands for acquisition for wetlands restoration; expand the footprint of 70 -lot residential subdivision from 14.9 acres to 18.4 acres; reduce mass grading from 1.6 million cubic yards to 420,000 cubic yards; and include changes to the language of previously imposed special conditions ...more specifically described in the application file in the Commission offices. The development is within the coastal zone in Orange County at Hellman Ranch; N.E. of PCH (State Route 1), S.E. of the San Gabriel River, south of Adolfo Lopez Drive, West of Seal Beach Blvd, and North of Marina Hill, Seal Beach. The actual development permit is being held in the Commission office until fulfillment of the Special Conditions imposed by the Commission. Once these conditions have been fulfilled, the permit will be issued. For your information, all the imposed conditions are attached. Issued on behalf of the California Coastal Commission on PETER DOUGLAS By: Executive Director Title: Coastal Program Analyst ACKNOWLEDGMENT The undersigned pennittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit Amendment No. 5 -97- 367 -At, and fully understands its contents, including all conditions imposed. Date Permittee Please sign and return one copy of this form to the Commission office at the above address. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 2 of 19 DRAFT 01122/2001 2:06 PM STANDARD CONDITIONS 1. Notice of Receipt and Acknowledgment The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date on which the Commission voted on the application. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 4. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 5. Terms and Conditions Run with the Land These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. 1. RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR WETLANDS RESTORATION [Deleted]. See Special Condition 16. 2. REVISED VESTING TENTATIVE TRACT MAP NO 15381 [Deleted]. See Special Condition 27 STATE LANDS PARCEL [Deleted]. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 3 of 19 DRAFT 01/2212001 2:06 PM 4. GUM GROVE PARK [Deleted]. See Special Condition 17 5. PUBLIC ACCESS PROGRAM [Deleted]. See Special Condition 18 6. ARCHAEOLOGY [Deleted]. See Special Condition 27 7. WATER QUALITY PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a National Pollutant Discharge Elimination System permit ( "NPDES'7, Storm Water Pollution Prevention Plan, and Structural and Non - structural Best Management Practices for the proposed project, in compliance with the standards and requirements of the California Regional Water Quality Control Board. The applicant shall implement and comply with the water quality measures approved by the Executive Director. Runoff from the site shall be directed to the Los Alamitos retarding basin to the maximum extent feasible. The permittee shall comply with mitigation measures WQ -5 through WQ -10 inclusive as approved by City of Seal Beach City Council resolution 4562. HAZARDS Mitigation Measures WQ -1, WQ -2, WQ -3, WQ -4, GEO -1, GEO -2, GEO -3, GEO -4, GEO -5, GEO -6, GEO -7, and GEO -8 as shown on Exhibit B of City of Seal Beach City Council Resolution 4562 certifying the Hellman Ranch Specific Plan Environmental Impact Report on September 22, 1997 (Exhibit 11 of the September 9, 1998 Staff Report) are hereby incorporated by reference as special conditions of this coastal development permit. FUTURE CONSTRUCTION OF HOMES ON THE MESA This coastal development permit does not approve development on the lots created by Vesting Tentative Tract Map No. 15402. A future coastal development permit(s) is required for development, such as site preparation, construction of streets, common walls and landscaping, and construction of the actual homes, etc. on the site. Construction spoils, materials, and equipment shall not be placed in any wetland areas. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 4 of 19 DRAFT 0122/2001 2.06 PM 10. LEGAL INTEREST PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, written documentation demonstrating that it has the legal ability to carry out all conditions of approval of this permit. 11. WETLANDS RESTORATION AREA / CONSERVATION [Deleted]. 12. FINAL WETLAND RESTORATION PROGRAM [Deleted]. 13. GOLF COURSE OPERATIONS AND GOLFER WETLAND EDUCATION PROGRAM [Deleted]. 14. RESIDENTIAL DEVELOPMENT- TIMING OF CONSTRUCTION [Deleted]. 15. PRIOR CONDITIONS Unless specifically altered by this amendment, all regular and special conditions attached to coastal development permit 5 -97 -367 remain in effect. 16. RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR WETLANDS RESTORATION A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director which shall provide that: (1) For a period of twenty -five years, the applicant agrees to sell the lowlands area of the property as defined in "Attachment 1" (as revised pursuant to subsection B. of this condition) to any public agency or . o Permit Application No. 5 -97- 367 -A1 Page 5 of 19 DRAFT 01/22/2001 2:06 PM non - profit association acceptable to the Executive Director that requests in writing to purchase the property or, through the normal State of California land acquisition practices if the State is the prospective buyer; and, (2) The sale shall be at fair market value as established by an appraisal paid for by the buyer and prepared by an appraiser mutually acceptable to the buyer and applicant, or, if the parties are unable to agree, by an appraiser designated by third party, or if the buyer and applicant agree through an arbitration on value; and, (3) The uses shall be restricted to wetlands restoration, open space and environmental education purposes, with reversion rights to the State Coastal Conservancy. The deed restriction shall remain in effect for twenty -five years and be recorded over the lowlands area of the property and shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission - approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director, a revised "Attachment 1" consisting of a map, prepared by an appropriately licensed professional, which (i) depicts the area to be deed restricted pursuant to subsection A. of this condition and Special Condition 28, (ii) which maintains this restriction over at least 100 acres, (iii) which removes those areas necessary for the bio -swale and water quality basinaad4ap,aF foFagO bab4aA-from the area to be deed restricted pursuant to subsection A. of this condition and (iv) which off -sets the removal of those areas from the deed restriction with other land within the project site suitable for a deed restriction pursuant to subsection A. of this condition. Note: Special Condition 16 replaces Special Condition 1 in its entirety. 17. GUM GROVE PARK PRIOR TO THE ISSUANCE OF RESIDENTIAL BUILDING PERMITS, the applicant shall submit, for the review and approval of the Executive Director, written evidence demonstrating that the area known as Gum Grove Nature Park and as delineated as Lot 3 of proposed Vesting Tentative Tract Map NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 6 of 19 DRAFT 01/22/2001 2:06 PM 15381 has been dedicated in fee to the City of Seal Beach, as proposed by the applicant. The dedication documents shall provide that: (a) The park shall be preserved in perpetuity as a passive recreational nature park open to the public. Active recreational activities or commercial facilities shall be prohibited. (b) Necessary parking facilities which are the minimum required to serve the park and which meets Americans with Disabilities Act requirements shall be provided. The existing twenty (20) striped parking spaces for Gum Grove Park shall be maintained. (c) All trails within the dedicated park area shall be constructed to be accessible to persons with disabilities consistent with the Americans with Disabilities Act requirements. No trails shall be lighted in order to minimize impacts on wetlands. (d) Small scale interpretive signage which describes the Monarch Butterfly may be permitted if approved by the Executive Director. (e) Gum Grove Park shall be open from dawn to dusk (one hour after sunset) on a daily basis. Changes in hours of operation of Gum Grove Park shall require an amendment to this permit unless the Executive Director determines that an amendment is not required. (f) Signage shall be conspicuously posted which states that the park is open to the general public. (g) That portion of proposed Lot 3 of Tentative Tract Map No. 15381, comprised of an approximately 25 foot wide strip of land which borders Seal Beach Boulevard and extends west from Seal Beach Boulevard to connect with the primarily used part of Gum Grove Park, shall be subject to the following requirements: (1)The frontage along Seal Beach Boulevard shall not be gated, fenced, or obstructed in any manner which prevents public access from Seal Beach Boulevard. (2)The area shall be reserved for a public trail and parking lot, which are visible, and directly accessible to the public from Seal Beach Boulevard, and which lead from Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking lot area shall be large enough for a minimum of ten (10) parking spaces. Where it is not feasible to reserve enough public parking area on this portion of proposed Lot 3, public parking directly accessible from Seal Beach NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 7 of 19 DRAFT 0112212001 2:06 PM Boulevard shall be provided for on proposed Lot 2 of Tentative Tract Map No. 15381 adjacent to proposed Lot 3, in accordance with the provisions of Special Condition 18. B. of this permit. (h) Domesticated animals (including, but not limited to, dogs) shall be leashed and under the control of the party responsible for the animal at all times within Gum Grove Park. Note: Special Condition 17 replaces Special Condition 4 in its entirety. 18. PUBLIC ACCESS PROGRAM A. Public Access Signage. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, a detailed signage plan which provides for the installation of signs clearly visible from Pacific Coast Highway and Seal Beach Boulevard which invite and encourage the public to use the public access, parking, and recreation opportunities proposed at Gum Grove Park, and the public access trail and public parking linking Gum Grove Park to Seal Beach Boulevard. Key locations include but are not limited to; 1) Gum Grove Park, both at its western entrance and at the proposed Seal Beach Boulevard entrance. The plans shall indicate the location, materials, dimensions, colors, and text of the signs. The permittee shall install the signs in accordance with the signage plans approved by the Executive Director. B. Residential Community Streets (Vesting Tentative Tract Map No. 15402). PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide that: 1) public pedestrian and bicycle access to the streets and sidewalks constructed within the area subject to Vesting Tentative Tract Map No. 15402 shall not be precluded, 2) no locked gates, walls, fences, or other obstructions prohibiting public pedestrian or bicycle access to the streets and sidewalks constructed within the area subject to Vesting Tentative Tract Map No. 15402 shall be permitted, 3) no requirement to allow public vehicular access over the private streets is necessary if the applicant is willing to provide public parking within Gum Grove Park and a separate vehicular entrance from Seal Beach'Boulevard to said public parking, 4) if fewer than the ten (10) public parking spaces required by Special Condition 17.(g)(2) of this permit can be constructed on proposed Lot 3 of Vesting Tentative Tract Map No. 15381, the portion of the area subject to Vesting Tentative Tract Map No. 15402 closest to Lot 3 shall be reserved for the balance of the public parking spaces so that the parking spaces are directly accessible from Seal Beach Boulevard. The deed restriction shall be recorded over the entire area subject to Vesting Tentative Tract Map No. 15402 and shall run with the land, NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 8 of 19 DRAFT 01/22/2001 2:06 PM binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission- approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. C. Revised Vesting Tentative Tract Mao No. 15402. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two copies of a revised vesting tentative map for Tract No. 15402 if: (1) all of the ten public parking spaces required under Special Condition 17.(8)(2) cannot be built on proposed Lot 3 of Vesting Tentative Tract Map 15381, and /or (2) the entities with jurisdiction over Seal Beach Boulevard do not approve a separate vehicular entrance off of Seal Beach Boulevard to said public parking spaces. The revised map shall show: (1) the locations and design of said public parking spaces which cannot be built on Lot 3 and instead shall be built on the portion of the area subject to Vesting Tentative Tract Map No. 15402 closest to Lot 3, and 2) the location of the public street which connects the public parking required under Special Condition 17.(g)(2) of this permit with the entrance to the subdivision proposed by Vesting Tentative Tract Map No. 15402. The revised map shall be accompanied by written documentation demonstrating that the governmental agencies which have jurisdiction over Seal Beach Boulevard and parking space standards have approved the revised map. The applicant shall record the revised map approved by the Executive Director. D. Construction of Trail and Parking Lot. PRIOR TO COMMENCEMENT OF CONSTRUCTION OF THE HOUSES WITHIN THE AREA SUBJECT TO VESTING TENTATIVE TRACT MAP NO. 15402, the applicant shall construct a public access trail and parking lot, which are visible and directly accessible to the public from Seal Beach Boulevard, which lead from Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking lot shall contain a minimum of ten (10) parking spaces and shall be directly accessible from Seal Beach Boulevard. Where it is not feasible to construct the public parking and vehicular entrance on this portion of proposed Lot 3 of Vesting Tentative Tract Map No. 15381, public parking directly accessible from Seal Beach Boulevard shall be constructed on proposed Lot 2 of Tentative Tract Map No. 15381 (i.e., the area subject to Vesting Tentative Tract Map No. 15402) immediately adjacent to proposed Lot 3, in accordance with the provisions of Special Condition 18.B of this permit. Note: Special Condition 18 replaces Special Condition 5 in its entirety. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 9 of 19 DRAFT 01/22/2401 2.06 PM 19. ARCHAEOLOGY Forpurposes of this condition, "OHP shall mean the State Office of Historic Preservation, and "NAHC" shall mean the state Native American Heritage Commission. A. Research Design. The permittee shall undertake the proposed archaeological investigation in conformance with the proposed archaeological research design entitled A Research Design for the Evaluation of Archaeological Sites within the Hellman Ranch Specific Plan Area dated November 1997 prepared by KEA Environmental, Inc. for the City of Seal Beach. Prior to issuance of the coastal development permit for the archeological investigation, the applicant shall submit written evidence, subject to the review and approval of the Executive Director, that a copy of the archaeological research design has been submitted to the OHP, the NAHC, and the Native American person /group from the Juaneno /Aciachemem. Gabrielinoriongva or Luiseno people designated or deemed acceptable by the NAHC, for their review and comment. An amendment to this permit shall be required for any changes to the research design suggested by OHP, NAHC, or the Native American group /person unless the Executive Director determines that an amendment is not required. B. Selection of Archaeologists) and Native American Monitor(s). The archaeologist(s) selected by the City shall meet the United States Department of Interior minimum standards for archaeological consultants, as also endorsed by the OHP. The City shall select the Native American monitor(s) in compliance with the "Guidelines for monitors /consultants of Native American cultural, religious and burial sites" issued by the NAHC, and in consultation with the appropriate Native American person /group from the Juaneno /Aciachemem Gabrielinorrongva or Luiseno people deemed acceptable by the NAHC. Post - Investigation Mitigation Measures. Upon completion of the archaeological investigation, and prior to the commencement of construction of any development approved by this coastal development permit (other than archaeological investigation activities or subdivision), the applicant shall submit, for the review and approval of the Executive Director, a written report regarding the following: 1) a summary of the findings of the archaeological investigation, and 2) a final written mitigation plan which shall identify recommended mitigation measures, which may include capping of archaeological sites, data recovery and curation of important archaeological resources as defined by the California Environmental Quality Act, and detailed additional mitigation measures which need to be implemented. The applicant shall also submit for review and approval of the Executive Director, a signed contract with a City - selected archaeological consultant that provides for archaeological salvage that follows current accepted NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 10 of 19 DRAFT 01/22/2001 2:06 PM professional practice, if additional archaeological data recovery measures are determined appropriate. The written report and additional mitigation measures shall also be submitted to the OHP and the appropriate Native American person /group from the Juaneno /Aciachemem Gabrielinofrongva or Luiseno people designated or deemed acceptable by the NAHC. An amendment to this permit shall be required to implement any additional mitigation measures unless the Executive Director determines a permit amendment is not required. D. Implementation of Mitigation Measures and Summary of Fieldwork. Prior to commencement of site preparation, grading, and construction activities for any development (other than archaeological investigation activities) located within a fifty foot (50') radius of the furthest boundary of each state - identified archaeological site as delineated in the archaeological research design, all of the requirements of Special Conditions 19.A., 19.B., and 19.C. shall have been met. All development shall occur consistent with the final plan required by Special Condition 19.C. A written synopsis report summarizing all work performed in compliance with Special Conditions 19.A, 19.6, and 19.0 shall be submitted to the Executive Director, OHP, the NAHC and the person /group from the Juaneno /Aciachemem Gabrielino/Tongva or Luiseno people designated or deemed acceptable by the NAHC, wi thin six (6) weeks of the conclusion of field work. No later than six months after completion of field work, a final report on the excavation and analysis shall be submitted to the Executive Director, OHR the NAHC aad4he -NA4G _and the person /group from the Juaneno /Aciachemem Gabrielino/Tongva or Luiseno people designated or deemed acceptable by the NAHC. E. Monitoring of Construction Activities. All site preparation, grading and construction activities for the proposed development shall be monitored on- site by a qualified archaeologist and Native American monitor. The archaeologist and Native American monitor shall have the express authority to temporarily halt all work in the vicinity of the discovery site should significant cultural resources be discovered. This requirement shall be incorporated into the construction documents which will be used by construction workers during the course of their work. F.. Discovery of Cultural Resources / Human Remains During Post - Archaeological Testing Construction Activities. (1) If additional or unexpected archaeological features are discovered during site preparation, grading, and construction activities for approved development other than the archaeological investigation, all work shall be temporarily halted in the vicinity of the discovery site while the permittee complies with the fallowing: NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 11 of 19 DRAFT 01/2212001 2:06 PM The archaeologist, in consultation with the Native American monitor, shall sample, identify and evaluate the artifacts as appropriate and shall report such findings to the permittee, the City and the Executive Director. If the archaeological resources are found to be significant, the archaeologist, in consultation with the Native American monitor, shall determine appropriate actions, and shall submit those recommendations in writing to the Executive Director, the applicant and the City. The archaeologist shall also submit the recommendations for the review and approval of the Executive Director and shall be prepared in accordance with the provisions outlined in Special Condition 19.0 above. Any recommended changes to the proposed development or the mitigation measures identified in the final plan required by Special Condition 19.C. shall require a permit amendment unless the Executive Director determines that a permit amendment is not required. Development activities may resume if the cultural resources are not determined to be 'important' as defined by the California Environmental Quality Act (CEQA). (2) Should human remains be discovered on -site during the course of site preparation, grading, and construction activities, immediately after such discovery, the on -site City - selected archaeologist and Native American monitor shall notify the City of Seal Beach, Director of Development Services and the County Coroner within 24 hours of such discovery, and all construction activities shall be temporarily halted in the vicinity of the discovery site until the remains can be identified. The Native American group /person from the Juaneno /Aciachemem Gabrielinoffongva, or Luiseno people designated or deemed acceptable by the NAHC shall participate in the identification process. Should the human remains be determined to be that of a Native American, the permittee shall comply with the requirements of Section 5097.98 of the Public Resources Code. Within five (5) calendar days of such notification, the director of development services shall notify the Executive Director of the discovery of human remains. G. Incorporation of Archaeology Requirements into Construction Documents. Special Condition No. 19 of Coastal Development Permit 5 -97 -367 shall be incorporated in its entirety into all the construction documents which will be used by construction workers during the course of their work as well as all construction bid documents. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 12 of 19 DRAFT 01122/2001 2:06 PM H. Sequencing of Issuance of Coastal Development Permit Related to Archeological Investigation. issue a coastal development permit consistent with the terms of subsections A through G of this condition for the development needed to undertake the archeological investigation Note: Special Condition 19 replaces Special Condition 6 in its entirety. 20. FINAL PLANS A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for review and approval of the Executive Director: Final design, grading, construction, structural, and drainage plans for the bio- Swale, riparian corridor and water quality basin that substantially conform with the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, submitted to the Commission: and 2. Final landscape plans for the bio-swale, riparian corridor, and water quality basin that substantially conform with the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, submitted to the Commission, and the letter from Glenn Lukos Associates of Lake Forest, California to John Laing Homes and Hellman Properties dated June 28, 2000, regarding Biological Benefits of Proposed Wetland Treatment System, CDP 5 -97- 367 -A1, Hellman Ranch Property, Orange County, California. These final plans shall be prepared in consultation with the California Department of Fish and Game and U.S. Fish and Wildlife Service and shall be accompanied by written evidence of their endorsement of the landscape plans. B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. mii Permit Application No. 5 -97- 367 -A1 DRAFT Page 13 of 19 01 2212001 2.06 PM 21 A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and approval of the Executive Director, a map, prepared by a biologist in accordance with current professional standards, delineating raptor foraging habitat with long term conservation potential available within the lowlands of the subject property as identified in the letter from Glenn Lukos Associates of Lake Forest, California to John Laing Homes and Hellman Properties dated September 11, 2000, regarding Response to June 19, 2000, letter from the California Department of Fish and Game Regarding Biological Resources at Hellman Ranch. The area delineated shall not be less than 9.2 contiguous acres of raptor foraging habitat. The delineation and site selection shall occur in consultation with the California Department of Fish and Game, and the map submitted to the Executive Director shall be accompanied by a written endorsement by the California Department of Fish and Game of the raptor foraging habitat delineation, the selected site and the map; and B. The raptor foraging habitat to be identified in subsection A. of this condition shall have the same or better functions and values as the site to be impacted, in accordance with the biological assessment prepared by Glenn Lukos Associates in their letter dated September 11, 2000. If there are no raptor foraging habitat areas with the same or better functions and values as the site to be impacted in the area previously identified by the applicant as having such, the applicant shall obtain an amendment to this coastal development permit in order to remedy the discrepancy; and C. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit for review and approval of the Executive Director, a raptor foraging habitat management plan which identifies management measures necessary to, at minimum, maintain the functions and values of the raptor foraging habitat identified in subsection B. of this condition. Such measures shall include appropriate brush management measures for the maintenance of raptor foraging habitat. Measures may include brush clearance and brush mowing; planting of plant species associated with raptor foraging habitat, and exotic and invasive plant species controls for the removal of plant species which upset the functioning of the raptor foraging habitat, including, but not limited to, ice plant, pampas grass, arundo giant cane, and myoporum. Any chemical controls to be used in areas adjacent to wetlands shall be limited to those which are non -toxic to wetland organisms (e.g. Rodeo(& Herbicide). The raptor foraging habitat management plan shall be prepared in consultation with the California Department of Fish and Game, and shall be accompanied by a written endorsement of the plan by the California Department of Fish and Game. The permittee shall undertake NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 14 of 19 DRAFT 0122/2001 2:06 PM development in accordance with the raptor foraging habitat management plan approved by the Executive Director. Any proposed changes to the approved raptor foraging habitat management plan shall be reported to the Executive Director. No changes to the approved raptor foraging habitat management plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 22. OPEN SPACE DEED RESTRICTION A. No development, as defined in section 30106 of the Coastal Act shall occur in the raptor foraging habitat delineated by the map required pursuant to Special Condition 21 except for: Activities related to raptor foraging habitat maintenance pursuant to the raptor foraging habitat management plan required pursuant to Special Condition 21.C.; and 2. The following development, if approved by the Coastal Commission as an amendment to this coastal development permit: activities related to public access, recreation, and wetland restoration provided that such development continues to designate a minimum of 9.2 acres of equivalent or better functioning raptor foraging habitat. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, which shows that the open space area identified pursuant to Special Condition 21 shall be restricted as open space for raptor foraging habitat and the deed restriction shall reflect the above restriction on development in the designated open space. The deed restriction shall contain the raptor foraging habitat management plan approved by the Executive Director pursuant to Special Condition 21.C. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the open space area. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 15 of 19 DRAFT 012212001 2:06 PM 23. WATER QUALITY A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit a final Storm Water Management and Water Quality Control Plan (SWM & WQCP) designed to mitigate stormwater runoff and nuisance flow from development on Vesting Tentative Tracts 15381 and 15402. The final SWM & WQCP shall include structural and non - structural Best Management Practices (BMPs) designed to control the volume, velocity and pollutant load of stormwater and nuisance runoff leaving the developed site. The final plan shall be reviewed by the consulting engineering geologist to ensure conformance with geotechnical recommendations. The final plan shall demonstrate substantial conformance with the Water Quality Management Plan (WQMP) Tract 15402, Hellman Ranch, prepared by MDS Consulting of Irvine, California, dated January 2000, and the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MOB Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, and the following requirements: 1. Post - development peak runoff rates and average volume from the developed site shall not exceed pre - development levels for the 2 -year 24 -hour storm runoff event. 2. Post - construction treatment control BMPs shall be designed to mitigate (infiltrate or treat) stormwater runoff from each runoff event up to and including the 85th percentile 24 -hour runoff event. 3. The approved SWM & WQCP shall be implemented prior to or concurrent with the construction of infrastructure associated with the development on Vesting Tentative Tracts 15381 and 15402. The approved BMPs and other measures included in the final SWIM & WQCP shall be in place and functional prior to the issuance of the first residential building permit within Vesting Tentative Tract 15402. 4. All structural and non - structural BMPs shall be maintained in a functional condition throughout the life of the approved development. Maintenance activity shall be performed according to the recommended maintenance specifications contained in the California Stormwater BMP Handbooks (California Stormwater Quality Task Force, 1993) for selected BMPs. At a minimum, maintenance shall include the following: (i) all structural BMPs shall be inspected, cleaned and repaired, as needed prior to the onset of the storm season, no later than October 1st of each year and (ii) should any of the project's surface or subsurface drainage /filtration structures or other BMPs fail or result in increased erosion, the applicant /landowner or successor -in- interest shall be responsible for any necessary repairs Permit Application No. 5 -97- 367 -A1 Page 16 of 19 DRAFT 0122/2001 2:06 PM to the drainage /filtration system and restoration of the eroded area. Should repairs or restoration become necessary, prior to commencement of such repair or restoration work, the applicant shall submit a repair and restoration plan to the Executive Director to determine if an amendment or new coastal development permit is required to authorize such work. B. Any changes to the structures outlined in the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, including changes to the footprint of any such structures, necessary to accommodate the requirements of subsection A of this condition, shall require an amendment to this coastal development permit, unless the Executive Director determines that no amendment is required. C. The permittee shall undertake development in accordance with the approved final plan. Any proposed changes to the approved final plan shall be reported to the Executive Director. No changes to the approved final plan shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. D. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the requirements outlined in subsections A., B., and C. of this condition. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the deed restricted area. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. 24. RESERVATION OF LAND FOR WATER QUALITY PURPOSES A. The area of land containing the proposed water quality basin, bio -swale and riparian corridor, and associated appurtenances as depicted in Figure 8 (inclusive of the landscaped areas) of the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MDS Consulting and Fuscoe Engineering of Irvine, California, dated July 27, 2000, shall be reserved for water quality improvement purposes through a deed restriction as required pursuant to subsection B. of this condition. The deed restriction shall not preclude use of the same such land for wetland restoration provided the water quality improvement functions of the system described in the SWM & WQCP, as revised and approved by the Executive Director pursuant NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 17 of 19 DRAFT 01/22/2001 2:06 PM to Special Condition 23, is, at minimum maintained. In addition, the deed restriction shall not preclude construction and maintenance of the access road depicted Figure 8, nor shall it preclude the construction and maintenance of the utilities and oil transmission lines depicted on Vesting Tentative Tracts 15381 and 15402, as approved by the Executive Director, nor shall is preclude the maintenance of existing oil operations, provided the water quality improvement functions of the system described in the SWM & WQCP, as revised and approved by the Executive Director pursuant to Special Condition 23, is, at minimum maintained. Finally, the deed restriction shall not preclude development associated with the archaeological investigation required pursuant to Special Condition 19. B. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction in a form and content acceptable to the Executive Director, reflecting the above restrictions. The deed restriction shall include legal descriptions of both the applicant's entire parcel and the deed restricted area. The deed restriction shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Commission amendment to this coastal development permit. 25. STAGING AREA FOR CONSTRUCTION A. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit a plan for the review and approval of the Executive Director which indicates that the construction staging area(s) and construction corridor(s) will avoid impacts to wetlands. The plan shall demonstrate that: (a) Construction equipment, materials or activity shall not occur outside the staging area and construction corridor identified on the site plan required by this condition; and (b) Construction equipment, materials, or activity shall not be placed in any location which would result in impacts to wetlands. The plan shall include, at a minimum, the following components: (a) A site plan that depicts: (1) limits of the staging area(s) (2) construction corridor(s) (3) construction site NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 18 of 19 DRAFT 01/22/2001 2:06 PM (4) location of construction fencing and temporary job trailers with respect to existing wetlands B. The permittee shall undertake development in accordance with the approved final plans. Any proposed changes to the approved final plans shall be reported to the Executive Director. No changes to the approved final plans shall occur without a Commission amendment to this coastal development permit unless the Executive Director determines that no amendment is required. 26. PERMIT COMPLIANCE All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth herein. Any deviation from the approved plans must be reviewed and approved by the Executive Director and may require Commission approval. 27. REVISED VESTING TENTATIVE TRACT MAP NO. 15381 PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two copies of a revised vesting tentative map for Tract No. 15381. The revised map shall show only five legal lots as generally depicted in Exhibit 1, page 4; namely, 1) the lot currently owned by the California State Lands Commission, 2) the lot currently owned by the City of Seal Beach Redevelopment Agency, 3) proposed Lot 2 which is proposed to be further subdivided into seventy residential lots pursuant to proposed Tentative Tract Map 15402, 4) proposed Lot 3 for the proposed dedication of Gum Grove Park, which shall be in substantial conformance with the configuration shown on the map submitted with the permit application and maintain the proposed minimum 25 wide frontage along Seal Beach Boulevard, and 5) a lot consisting of the remainder of the subject site owned by the applicant. The applicant shall record the revised map approved by the Executive Director. No further subdivision of the lot identified in sub - section 5 shall occur other than to accommodate the transfer of land to a non - profit entity, subject to the review and approval of the Executive Director, for wetlands restoration, open space and environmental education purposes and which shall require an amendment to this coastal development permit unless the Executive Director determines that no amendment is required. Note: Special Condition 27 Replaces Special Condition 2 in its entirety. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 19 of 19 DRAFT 01/22/2001 2:06 PM 4528. RESERVATION OF POTENTIAL FOR 69811-4N9SACQUISITION OF OIL PRODUCTION AREA FOR WETLANDS RESTORATION A. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director which shall provide that: (1) At the time oil production ceases and T-for a period of twenty -five years thereafter, the applicant agrees to sell the lewlands oil production area of the property as defined in "Attachment 1" (as revised pursuant to subsection B. of this Special sCondition6) to any public agency or non- profit association acceptable to the Executive Director that requests in writing to purchase the property or, through the normal State of California land acquisition practices if the State is the prospective buyer; and, (2) The sale shall be at fair market value as established by an appraisal paid for by the buyer and prepared by an appraiser mutually acceptable to the buyer and applicant, or, if the parties are unable to agree, by an appraiser designated by third party, or if the buyer and applicant agree through an arbitration on value; and, (3) The uses shall be restricted to wetlands restoration, open space and environmental education purposes, with reversion rights to the State Coastal Conservancy. the Executive Director in writing of the date oil production ceased. The deed restriction shall remain in effect for twenty -five years from the date oil Production ceases and be recorded over the lewlafAs oil production area of the property and shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the enforceability of the restriction, This deed restriction shall not be removed or changed without a Coastal Commission - approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. AFTER YOU HAVE SIGNED AND RETURNED THE DUPLICATE COPY YOU WILL BE RECEIVING THE LEGAL FORMS TO COMPLETE (WITH INSTRUCTIONS) FROM THE SAN FRANCISCO OFFICE. WHEN YOU RECEIVE THE DOCUMENTS IF YOU HAVE ANY QUESTIONS, PLEASE CALL THE LEGAL DEPARTMENT AT (415) 904 -5200. EXHIBIT C PLAN OF PROPERTY 36 N:\FWELLP\Sb\dxs \w -d.v.1 agmt EXHIBIT 3 P HISTORY OF HEARINGS AND PROCEEDINGS ON DEVELOPMENT AGREEMENT 37 N.NH ELLP\SbWms \w -level agmt HeL,m Iu'• Ornlyuv ASnmW7 aen� n. tsa HISTORY OF BEARINGS AND PROCEEDINGS ON DEVELOPMENT AGREEMENT y�y C t I R .k of n 1 none t Aertment A. CIBi10JRZr nf' H L1 •an Ran h Develmment A4r5me!tt 1. Planning Commissim conducted a Public Hearing on the Hellman Ranch Specific Plan, including the Final EIR and the Deveopment Agreement on September 3, 1997. 2. At the canllusion of the Public Hearing m September 3, 1997, the Planting Commisdm adopted Resolution No. 97-22, A Resolutim of the Planning Cmrnissim of the City of Seal Beach Recommending in the ity t Council the Ranch Adequacy of the Final Environmental Impact Report for Specific Plan, on a 5-0 vote 3. At the conclusion of the Public Hearing on September 3, 1997, the Planning Commisdm adopted Resolution No. 97 -29, A Resolution of the Planning Commission of the City of Seal Beach Recommending to the City Council Approval of the Hellman Ranch Specific Plan, m a 5-0 vote. 4. At the conclusion of the Public Hearing m September 3, 1997, the Planning Commission adopted Resoludon No. 97 -34, A Resolution of the Planning Commission of the City of Seal Beach Recommending Approval to the City Beach and Council of a Development Agree me Berl, Ranch Specific Pll 5-0 Hellman Properties LLC, Regarding von:. of Ilsvtlazwmew Asxecovent A. C C I bl'c Hea,;�r _ nl' H 17 A h T1e 1 t" ou t 1. City Council conducted a Public Hearing on the Hellman Ranch Specific Plan, including the Final EIR and the Development Agreement on September 22, 1997. 2. At the conclusion of the Public Hearing on September 22 1997, the City Council adopted Resdutim No. 4562, A Ruolution of the City Council of the City of Seal Beach Certifying the Final Environmental Impact Report for the Heldman Ranch Specific Plan: Adopting the Mitigation Monitoring Program: Adopting the Findings and Faun in Support of Findings as Required by the California Environmental Quality Ad; and Adopting a Statement of Overriding Considerations, m a 54 vote. 3. After the a nclusion of de Public Hearing on September 22, 1997, m October 20, 1997, the City Council introduced Ordinance No. 1420, An Ordinance, of the: City Council of the City of Seal Beach Adopting the Hellman Ranch Specific Plan (HeBmist Ranch Specific Plan Amendment 97 -1), m a 5-0 vote. Second reading and Adoptim of Ordinance, No. 1420 occurred on October 27, 1997. 4. After the conclusion of the Public Hearing m September 22 1997, m October 20, 1997, the City COUKU innoducd Ordinance No. 1422, An Ordinance of the City Council of de City of Seal Beach Adopting a Development Agreement Between the City of Seal Beach and Hellman Properties LLC, Regarding the Hellman Ranch Spent Plan, on a 5-0 side. Second reading and Adoption of Ordinance No. 1422 occurred on October 27, 1997. r•.r..� gie�.•s 27 EXHIBIT E DEVELOPMENT AGREEMENT ORDINANCE N:W \HELLP\SbWa s \w -bevel agmt 33 ORDINANCE NUMBER .?cZ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City and Hellman Properties LLC desire to enter into a development agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the "Hellman Ranch Specific Plan" area, and more particularly described in the proposed development agreement, attached hereto as Exhibit A. Section 2, The City Council held a properly noticed public hearing regarding the proposed development agreement on September 22, 1997. Section 3. The City Council hereby finds that the proposed development agreement is consistent with the General Plan of the City of Seal Beach and the Hellman Ranch Specific Plan. Section 4. The City Council hereby approves and incorporates by reference herein Resolution 97 -34 of the Planning Commission of the City of Seal Brach, dated September 3, 1997, attached hereto as Exhibit "B ". Section 5. Based upon the foregoing, the City Council hereby approves the proposed development agreement, incorporated by reference herein and attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of the City. Section 6. The time within which to challenge the subject development agreement is governed by Government Cade Section 65009. C:W, D...W \0RD\)W1 —" D .I p.w Ag,ecm"u.ORD.dmLLVA10.13 -9] D,w1gpmew Ag,.m B,ro m Clry and Hslbwn Propmria ILC Cby Comwi! Ordinm r No. Ocwbn 20, 7997 PASSED, APPROVED AND ADOPTED by the City council of the City of Seal Beach at a 7�i��the / _ Qld on the' 1997. �V —G day of (u 1h Mayor oTem A City er STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yen, City Clerk of the City of Seal Beach, California, do ereby certify that the foregoing ordinance is an original copy of Ordinance Number W.Z on file in the office of the City Clerk, in tr v d at m ting held on the X� — day of f.? A , 1997, and passed, approved and ado ed by the City Council o tty f Seal Beach at a meeting held on the �� day of 1997 by the following vote: AYES: NOES: ABSENT: ABSTAIN: and do hereby further certify that Ordinance Number 1 aoZ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. C�191 Ci erk H.0 .a Develaanem Al— -ORD.d- EXHIBIT F HISTORY OF HEARINGS AND PROCEEDINGS ON FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT N: i FLLMSbW=kwdev agmt 34 EXHIBIT G FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT ORDINANCE 35 N:WWELLPSbWtl \w -d.v.l agmt Public Hearing— Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February 16, 1001 ORDINANCE NUMBER 1471 AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING THE FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE "HELLMAN RANCH SPECIFIC PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: Section 1. The City and Hellrna i Properties LLC entered into a development agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the "Hellman Ranch Specific Plan" area on October 27, 1997. Section 2. Development of the original Hellman Ranch project approved by the City in 1997 could not proceed without a Coastal Development Permit ( "CDP ") issued by the California Coastal Commission ( "CCC "). After approval of the project by the CCC, litigation was filed challenging the Commission approval of CDP 5 -97 -367 (cases consolidated as "League for Coastal Protection et al. v. California Coastal Commission's and a settlement agreement was eventually incorporated into the presiding Court's order for issuance of a Writ of Mandate. Section 3. The CCC responded to the Writ by approving on October 11, 2000, issuance of an amended CDP with conditions, CDP 5 -97- 367 -A1, providing conditions of development of a project revised in accordance with the criteria established in the Settlement Agreement. Section 4. The major project changes encompassed in CDP 5 -97- 367 -A1 are summarized as: • Elimination of the previously approved golf course and the establishment of a 100 - acre deed - restricted area for future wetland restoration, open space and environmental education purposes; • Elimination of all impacts to jurisdictional state and federal wetlands; and A .dN Cevelopmenc Ag .'CC SutR Report Public Hearing - Amended and Restated Development Agreement re: Hellman Ranch Project City Council SlaffReport February 16. 2001 ❑ Elimination of development of visitor - serving commercial uses on the State Lands Property. Section 5. A request has been received from Hellman Properties to amend the Development Agreement (First Amended and Restated Development Agreement) regarding the Hellman Ranch pursuant to Development Agreement Section 6.1.2, Modificadon of Development Agreement to Obtain Permits, etc. Said request is to conform the Development Agreement provisions with the terms of the Settlement Agreement and Coastal Development Permit 5 -97- 367 -A1. Section 6. The City Council held a properly noticed public hearing regarding the proposed development agreement amendments on February 26, 2001. Section 7. The City Council hereby finds that the proposed development agreement amendment is consistent with the General Plan of the City of Seal Beach and the Hellman Ranch Specific Plan. Section 8. Based upon the foregoing, the City Council hereby approves the proposed development agreement amendment, titled "First Amended and Restated Development Agreement between the City of Seal Beach and Hellman Properties LLC, Regarding the "Hellman Ranch Specific Plan" incorporated by reference herein and attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of the City. Section 9. The time within which to challenge the subject development agreement is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 2001. Mayor Attest: City Clerk Amended D el i mein A® ni.CC Satr Report r Public Hearing — Amended and Restated Development Agreement re: Hellman Ranch Project City Council StafRepon February 26, 2001 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of 2001, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 2001 by the following vote: AYES: Councilmembers NOES: ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk A Vdvl Dnelopmmu Ag MLCC Sufi RCpat Public Hearing— Amended and Resorted Development Agreement re: Hellman Ranch Project City Council Staff Report February 26, 2001 EXHIBIT A FIRST AMENDED AND RESTATED DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND HELLMAN PROPERTIES LLC, REGARDING THE " HELLMAN RANCH SPECIFIC PLAN" Amrn D elopment Ape t,CC Stab Report 10 EXHIBIT H VESTED COMPONENTS AEESTEP COMPONENTS FOR HELLMAN RANCH DEVELOPMENT AGREEMENT A. General Plan. General Plan of City of Seal Beach dated as of October 1, 1997, as amended by Resolutions 4563, 4564, 4565, 4566, 4567, 4568, each dated October 20, 1997. Subject Property is designated for uses described in Specific Plan, referred to in Section B. below. B. Specific Plan. Specific Plan for Hellman Ranch approved as amended by Ordinance 1420 of City Council adopted on October 27,1997 a5 administratively rgvired by the City olt 0 to allow for minor adiu tments in planning area acreage. pursuant to Section 8.4.1 of the Specific Plan. C. Zoning. Zoning Ordinance of the City of Seal Beach, as amended by Ordinance 1420, adopted on October 27, 1997. Subject Property is zoned for uses described in the Specific Plan referred to in Section B. above. D. Subdivision Map Approval Conditions. The conditions of approval imposed in connection with approval of Vesting Tentative Subdivision Maps described as Tract No. 15402, approved by Resolution 4571 and Tract No. 15381, approved by Resolution 4570 of the City Council of the City of Seal Beach, dated October 20, 1997. E. Additional Approval Conditions. The following additional approval conditions and requirements shall apply to development of the Subject Property. In certain cases, the requirements specified below may be redundant with conditions that apply to the Subject Property pursuant to the Specific Plan referred to in Section B. above and the Tentative Subdivision Meps Man approval conditions referred to Section D. above. In the eew 2= of conflict or inconsistency, the provisions below shall control. 1. Off-Site Improvements Required To Be Constructed and Installed In Conjunction With Development of Parcel 2 For Residential Purposes. (a) Improvement Obligation. The Developer shall construct the off -site improvements specified in subparagraph l(a)(1) through l(a)(7) 1(AM below (the 'off -Site Improvements ") on the terms, conditions, and schedule specified therein. The Developer may satisfy the conditions relating to the Off -Site Improvements by entering into a Bonded Subdivision Improvement Agreement which (1) complies with Government Code § 66499, and (ii) is approved by the City. (1) New sewer pump station in Lopez Drive (at location shown on the Plot Revised Site Plan). The sewer pump station shall be of the dry type and have a capacity to be determined by Developer and the City Engineer. Improvement shall be completed and 46 N:+MELLP`Sb\d C \w evel agmt operational at or prior to time of issuance of first building permit for a residence on lots created on Parcel 2. Developer shall pay its fair share portion of the cost of such improvement, not to exceed fifty per cent (50%a) thereof or seventy -five thousand dollars ($75.000) whichever is the lo er and City shall pay or cause others to pay the balance. (2) 19 iaeh ArateF Maifl oplasn-.eat and - eleeatio. ➢ aim shall be ....a.,..- 1....- ..pelt.. line ad aee_t tap the LT....nes Channel. (3) Signal modification at intersection of Forrestal Drive and Seal Beach Boulevard. Improvement shall be completed and operational at or prior to time of issuance of first certificate of occupancy for a residence on lots created on Parcel 2. Developer shall pay the cost of the improvement. mprovements to Louez llriv rieht -of -way. Developer shall pay the cost of the improvement- (5) 1 ...................r.. .. 1 e z Drive Fight of way. De elepef sh.. .. ...... . the Of the impFevemeat on Parcel 5 but shall have no liability for the cost of any improvement between Parcel 5 and Sea} Sags Beach Boulevard along the boundary of the Boeing Property. The improvement shall be completed on or before the opening date ` °- 'he g8lf e8 ffSe en Peaeel ". issuance of a cerificate of occupancy for the final residence constructed on the lots cre ated on Parcel 2. (6f4 Improvements to Seal Beach Boulevard. These improvements to Seal Beach Boulevard shall •include (i) landscaping, (ii) undergrounding of SCE's 12 Kv powerlines, (iii) construction of community wall, sidewalk and monumentation wall, Wt (iv) restriping to accommodate new turning movements with turning movements to Fe detemtined by the City Engineer and Developer in accordance with accepted traffic engineering principles, and 'Y` d_eele-itie_ _ lane into gelf eo eatFanee The cost of these Improvements is estimated at approximately Five Hundred Thousand Dollars ($500,000). Developer shall pay the full cost of the Improvements, the foregoing statement of estimated costs not being a limitation. The Improvements shall be completed and operational at or prior to time of issuance of first certificate of occupancy for a residence on lots created on Parcel 2= prev4de$ h.-., e. e.. ,h.., die d....,..._...-_ 1.._e int..he Self eaufse eatfanee ..hall he .......plated a.....F�eu e,by !"t. .-f a .. i4:feate apt .peoup ape. fef ep.e. ing and apefetien of the golf esurse en Rueel -4. Covenants, conditions and restrictions shall impose upon the homeowner's association created among the owners of residences on Parcel 2 the obligation to maintain those portions of the foregoing improvements that are not dedicated to and accepted by a public entity. (W-U Improvements to Seal Beach Boulevard Median. Developer shall contribute twenty -five percent (25%), but not to exceed One Hundred Thousand Dollars ($100,000) of the cost of a landscaped median in Seal Beach Boulevard from Lopez Drive to 47 N:W W ELLP1aEldxsXw -devel agmt Bolsa Avenue, which includes the cost of a sidewalk along Seal Beach Boulevard from the southern boundary of the Property to Bolsa Avenue. The estimated cost of such work is ffievements to be d°•°�,__d by •'•° City.- City shall use diligent efforts to obtain grant funding to complete the improvements to which Developer's contribution is to be applied. In the event the City obtains grant funding that may be used for the median work contemplated by this paragraph (7), Developer contribution will be decreased (e.g., if City receives $100,,000 Q g Hundred Thousand Dollars ($100.000) in grant funds for the median, instead of paying 25% -ef twenty -five cercent (25 %a) of Four Hundred Thousand Dollars ($400.0001, Developer shall pay .twenty -five percept (25 %V) of Three Hundred Thou and Dollars ($300.0001. (b) Transportation Impact Fees. In addition to paying for the improvements described in subparagraphs 1(a)(3) Ifa)f21 through (7*jj1, inclusive, at Developer's cost, and notwithstanding any other provision of this Agreement, Developer shall pay to City all applicable City Transportation Impact Fees required by Chapter 22B of the Code of the City of Seal Beach, at the then- applicable rate, to assist in mitigating transportation impacts of the Project. (c) Affordable Housing. In compliance with Government Code Section 65590(d), Developer shall provide seven (7) housing units that are affordable to persons and families of very low, low, or moderate income on -site. If City detetiviaes has determined that providing such housing units on -site is not capable of being accomplished in a successful manner within a reasonable period of time, taking into account economic, environmental, social and technical factors. Therefore. Developer has been required to oav, D°v °'^-°- shall be Feq ifed, as sueh %nits feF a pened ef not less than ten (10) years thf O .. l f....,.. -.. level... .4iall � an in -lieu affordable housing fee of fifty -three thousand seven hundred and fifty dollars ($53,750), to-be which has been paid by Develocer and deposited by City into a special fund to be used exclusively to increase, improve and preserve the community's supply of low and moderate income housing available at affordable housing cost, an °- ` °fete Doeefab°- 31, 1999. Payment in full of such fee shall fully satisfy satisfies and disc afge "char=s rimes Developer's obligation to provide housing units pursuant to Government Code Section 65590(d). 48 N:VNIELLMb\dacs \.-d" agmt (b) Watef Supply. Deve1....ef antieipates d..:lling and eqHipping its own well F...:..... g the f6Fthe f.:l1 . t_� of this Development Agreements at fates and undeF a :u :a.. s identieal te these ehuged ..F'.........ed '.. ee__..0r:� ..:r6 d016.e.:ee r.. 1..d..Sr.:e1 and ethe.. aFge ....aRtir. .0ef0 3. Gum Grove Nature Park. (a) Dedication. Gum Grove Nature Park ('Nature Park "), as shown on the Aet Revised Site Plan, shall be dedicated to City not later than the date when Ehe -gaif eeurse -te be established an rte «el n e__ns fe.. pley e_ r6e date a f filing the C..... final ....td:. :..:.... map with City issues a residential building oermit for construction on any lot on Parcel 2, whichever is the earlier, subject to and in accordance with all of the requirements of the CDP Conditions.: (l) Ge_f0...etie.. Se 1eng as the total .0_0000 ..eme'_0 siabstant:al. the ..e..... DevOlOPOF Shall have the Fight to adjust the bounAe.y between the IS10r. _e o.._. and the golf eBUFSe SO l e_.. as the ee..f...._...ie substantially eenfe. s to the Spee:fe Plan. (e)QJ Condition of Title: Condition Subsequent. Title to the Nature Park shall be conveyed by grant deed in fee simple absolute, subject to a condition subsequent allowing Developer to recover title if all or any portion of the Nature Park is utilized at any time for purposes other than as a substantially unimproved public park, based upon the existing grove of trees and related vegetation. Uses that shall trigger the condition subsequent shall include, but without limitation, (i) removal of trees from the Nature Park to create open area other than as required for normal maintenance and tree husbandry, (ii) creation of play areas or active recreation area (ball fields, tennis courts, etc.) within the Nature Park or any uses other than passive recreation, (iii) any residential uses, or (iv) any commercial uses. 49 N:J ELLRSb`docs \wdevel agmt -.7.. ---------- ------ M-NOWN (b) Watef Supply. Deve1....ef antieipates d..:lling and eqHipping its own well F...:..... g the f6Fthe f.:l1 . t_� of this Development Agreements at fates and undeF a :u :a.. s identieal te these ehuged ..F'.........ed '.. ee__..0r:� ..:r6 d016.e.:ee r.. 1..d..Sr.:e1 and ethe.. aFge ....aRtir. .0ef0 3. Gum Grove Nature Park. (a) Dedication. Gum Grove Nature Park ('Nature Park "), as shown on the Aet Revised Site Plan, shall be dedicated to City not later than the date when Ehe -gaif eeurse -te be established an rte «el n e__ns fe.. pley e_ r6e date a f filing the C..... final ....td:. :..:.... map with City issues a residential building oermit for construction on any lot on Parcel 2, whichever is the earlier, subject to and in accordance with all of the requirements of the CDP Conditions.: (l) Ge_f0...etie.. Se 1eng as the total .0_0000 ..eme'_0 siabstant:al. the ..e..... DevOlOPOF Shall have the Fight to adjust the bounAe.y between the IS10r. _e o.._. and the golf eBUFSe SO l e_.. as the ee..f...._...ie substantially eenfe. s to the Spee:fe Plan. (e)QJ Condition of Title: Condition Subsequent. Title to the Nature Park shall be conveyed by grant deed in fee simple absolute, subject to a condition subsequent allowing Developer to recover title if all or any portion of the Nature Park is utilized at any time for purposes other than as a substantially unimproved public park, based upon the existing grove of trees and related vegetation. Uses that shall trigger the condition subsequent shall include, but without limitation, (i) removal of trees from the Nature Park to create open area other than as required for normal maintenance and tree husbandry, (ii) creation of play areas or active recreation area (ball fields, tennis courts, etc.) within the Nature Park or any uses other than passive recreation, (iii) any residential uses, or (iv) any commercial uses. 49 N:J ELLRSb`docs \wdevel agmt ) a e�anant �e .. g the a ndlaF ap e eduFe P.._ aetif iHg the ...J£...,.,..._ ifl advanee of .._. (e)(cl Physical Condition. The Nature Park shall be transferred to City ownership in its current condition. Having leased the Nature Park since 1971, City is fully familiar with its condition and agrees to accept the same "as is ". PevelepeF its (d) maaagemest (9 gelf Play Hazffd. ,he.. _.hat shall use 0 the ll feneing to r 041 ffilifflimi7e of pete that C-45' ..he .. impFavemeats th&-+is s�ggest to City plantings aad athef that will feduee P.Fk .4h" -9—A-Fd.. :Phe, .-elf 81ffSA OWfief and Bpffatff Shall aBt be liable fef iF�Uff tO PeF58fi6 Bf (e)(cl Physical Condition. The Nature Park shall be transferred to City ownership in its current condition. Having leased the Nature Park since 1971, City is fully familiar with its condition and agrees to accept the same "as is ". (-WjL Operation. The Nature Park shall be open to the public during hours established by City, but not earlier than dawn or later than sundown of any given day. The Nature Park shall be closed during the nighttime hours. City shall assume responsibility for locking and unlocking the Park entry gate at Avalon Drive. - n_:__ ,,..._.£__...:..o o.es.. g .. _ n ti!! get£ . agfee., (hy2l Credit Against Open Space Dedication Requirements. Dedication and conveyance of the Nature Park shall entitle Developer to full credit for all park dedication requirements under applicable City laws, ordinances, rules and regulations including, but without limitation, fees levied in lieu of park dedication requirements. (iU Payment By Developer. From and after dedication of the Nature Park, Developer shall pay a total of Twenty Fi*e L9M Thousand Dollars to City or the Gum Grove Nature Park Group, as determined by City, to be used for maintenance, enhancement and other park related events. Payments shall be made in four installments, Ten 50 NAKHELLP%,SbWmSc w -level agmt ^ ll feneing to r the Platum I £_em ,he ....1£ e. Fse .. .:ded that C-45' ..he .. damage ' (-WjL Operation. The Nature Park shall be open to the public during hours established by City, but not earlier than dawn or later than sundown of any given day. The Nature Park shall be closed during the nighttime hours. City shall assume responsibility for locking and unlocking the Park entry gate at Avalon Drive. - n_:__ ,,..._.£__...:..o o.es.. g .. _ n ti!! get£ . agfee., (hy2l Credit Against Open Space Dedication Requirements. Dedication and conveyance of the Nature Park shall entitle Developer to full credit for all park dedication requirements under applicable City laws, ordinances, rules and regulations including, but without limitation, fees levied in lieu of park dedication requirements. (iU Payment By Developer. From and after dedication of the Nature Park, Developer shall pay a total of Twenty Fi*e L9M Thousand Dollars to City or the Gum Grove Nature Park Group, as determined by City, to be used for maintenance, enhancement and other park related events. Payments shall be made in four installments, Ten 50 NAKHELLP%,SbWmSc w -level agmt Thousand Dollars ($10,000) on the date of the dedication and Five Ii Thousand Dollars F�1 each on the first, second and third anniversary dates of the dedication. ( Xgf Reinterment. Gum Grove Nature Park may be used as a reinterment site if determined appropriate by the most likely descendant of the deceased and if human remains are discovered during development activity on the balance of the Property. Developer shall be responsible for the cost and legal compliance of any such reinterment. City shall cooperate with Developer and the "most likely descendant" to the end that the handling of human remains encountered on the Property is conducted expeditiously and in a manner that meets the needs of the concerned parties. ONSifflil-I ♦ 8*ided F.....)R....'.......aintenanee mommy mtf es. 51 N:VMELLPVSMdws \w -devel agmt 52 N:W WELLPSO\cocs \w -0avel agm[ ON " y'- 52 N:W WELLPSO\cocs \w -0avel agm[ qLW CDP Conditions, Gum Grove Nature Park is also subiect to additional requirement concerning access, dedication and other requirements imposed pursuant to the CDP Conditions. I Reservation For Wetlands tion. AcquisiA portion of the Subject Prooertv as shown on the Revised Site Plan shall be restricted by appropriate deed restriction for potential acquisition in accordance with the requirements of the Final CDP Conditons.. 1. Development Plan For Lands Owned By The Redevelopment Agency of the City of Seal Beach. The Parcel owned by Redevelopment Agency of City at the foot of Lopez Drive (Parcel 5), as shown on the Piet Revised Si[e Plan, shall be utilized for: access (as the Plet Revised Sjte Plan and the Specific Plan provide) and for other uses compatible with the -gel s° eeerse --nse §-u as determined by the City Engineer in consultation with Developer eF-it's —.rr -n teFest. Developer shall have the right to approve any landscaping or improvements, prior to their installation, located on Parcel 5. The Lopez Drive roadway connection to be constructed on Parcel 5 shall be designed and constructed to City's specifications by Developer prior to the epenino of the golf eeaBe f^- play issuance by City of the first certificate of occupancy on Parcel 2. If feasible (as detemtined jointly by the City Engineer and the civil engineer employed by Developer), the sewer pump station provided for in Paragraph 1(a) above shall be located on Parcel 5. _ra 53 N:U ELLP\Sb\dms \w -dewI agmt ---- — ------ - -------- REVISION LIST - -- --- -- -- - ------ The bracketed numbers refer to the Page and Paragraph for the start of the paragraph in both the old and the new documents. [1:1 1:1] Changed "DEVELOPMENT" to "FIRST AMENDED ... DEVELOPMENT" [1:7 1:71 Changed "THIS DEVELOPMENT" to "THIS FIRST ... DEVELOPMENT" [1:7 1:7] Changed "1997" to "2001" [1:10 1:10] Changed "B. City" to "B. Developer ... Project "." 11:10 1:11] Changed "City is willing ... framework will " to "C. The Development ... entered into to " [1:10 1:111 Changed "including, without" to "including, but without" [1:10 1:11] Changed ". In addition, ... City with " to ", " (1:10 1:11] Changed "revenues, ... City, and" to "revenues and" [1:10 1:11] Changed "proposed development project, " to "Original Project " [1:10 1:11] Changed "In addition, the development " to "The Original Project " [1:10 1:11] Changed "by this Agreement represents" to "by the Development ... represented" (1:10 1:11] Changed "(as defined ... provides " to "and provided " [1:10 1:111 Changed "in the form ... benefits." to "." [1:11 1:12] Changed "C. Developer ... within the " to "D. Development ... Commission; " [1:11 1:12] Changed "Beach, County" to "Beach, et ... the Writ." 11:11 1:13] Changed "County of ... Plot Plan, " to "E. CCC responded ... Conditions is " [1:11 1:13] Changed "2 " to "B " [1:11 1:13] Changed "(the "Plot Plan ")." to "thereto. The ... jurisdiction. " [2:1 1:141 Changed "City has adopted ... "Approvals: "' to "F. The development ... as follows:" [2:2 1:15] Add Para " "Permits and approvals ... governmental agency." [2:2 1:16] Changed "D." to "G." [2:2 1:16] Changed "utilize this ... Agreement" to "utilize this ... Agreement" [2:2 1:16] Changed "by the Approvals and to" to "by the CDP Conditions and to" [2:2 1:161 Changed "the Approvals ... Property (upon" to "the CDP Conditions in Developer (upon' [2:2 1:16] Changed "of this Development Agreement" to "of this First ... Agreement" [2:2 1:16] Changed "to the Approvals and to" to "to the CDP ... therefrom, and to" [2:2 1:161 Changed "in the Approvals and the" to "in the CDP Conditions and the" [2:2 1:16] Changed '; provided, ... Approvals." to ". " (2;3 1:171 Changed "E. The City ... approves this " to "H. The City ... approved the " [2:3 1:17] Changed 'finds that this " to "found the " [2:3 1:17] Changed "Agreement is consistent" to "Agreement ... consistent" [2:3 1:17] Changed "implementation is in" to "implementation would be in" [2:3 1:17] Changed "City has considered" to "City considered" [2:3 1:17] Changed "3" to "D" [2:3 1:17] Changed "hereof by the " to "of the Development Agreement by " (2:3 1:17] Changed "4 " to "E " [2:3 1:17] Changed "herein, and of " to "in " [2:3 1:17] Changed "finds that the certification of " to "certified " 12:3 1:17] Changed "FEIR, the findings" to "FEIR, adopted findings" [2:3 1:17] Changed "the facts ... findings and the " to "a " 12:3 1:17] Changed "adopted therein, ... force to the " to "in connection with its " [2:3 1:17] Changed "of this Development" to "of the Development" [2:4 1:181 Add Para "I. The City Council ... Development Agreement." [2:5 1:20] Changed "Ills " to "This First ... Restated " [2:5 1:201 Changed "This Development" to "This First ... Development" [3:1 1:21] Changed "this Development" to "this First ... Development" [3:1 1:21] Changed "This Development" to "This First ... Development" [3:1 1:21] Changed "on the Plot Plan, when," to "on the Revised Site Plan, when," [3:1 -L21] Changed "enure " to "inure " (3:1 1:21] Changed "Specific Plan ... Approvals " to "CDP Conditions " [3:1 1:21] Changed "by the State ... owned by City" to "by City" [3:1 1:21] Changed "shown on the ... Parcel "); (iii) a" to "shown on the ... and (ii) a" [3:1 1:211 Changed "Plot Plan, ... Parcel ")." to "Revised Site Plan." [3:2 1:22] Changed "This " to "This First ... Restated " [3:2 1:22] Changed "agreements " to "an agreement " [3:2 1:22] Changed "State Lands ... District " to "City " [3:2 1:22] Changed "Parcels" to "Parcel" [3:4 1:241 Changed "Of Development" to "Of First Amended ... Development" [3:4 1:24] Changed "of this Development Agreement" to "of this First ... Agreement" [3:4 1:24] Changed "ordinance ... ( "Ordinance" to "ordinance ... ( "Ordinance" [3:4 1:241 Changed "ordinance ... Agreement is" to "ordinance ... Agreement is" [3:4 1:24] Changed "under this ... Agreement." to "under this ... Agreement." [3:4 1:24] Changed "then this ... Agreement" to "then this ... Agreement" [3:5 1:25] Changed "termination ... Agreement shall' to "termination ... Agreement shall" [3:5 1:25] Changed "of this Development Agreement." to "of this First ... Agreement." 14:2 1:281 Changed "under the ... and certain" to "under the ... and certain" [4:2 1:28] Changed "identified in Exhibit 5;' to "identified ... Exhibit H," [4:2 1:28] Changed "Components." No" to "Components." ... Conditions. No" [5:2 1:34] Changed "Plot " to "Revised Site " [5:3 1:35] Changed "Plot " to "Revised Site " [5:5 1:37] Changed "with this ... Agreement" to "with this ... Agreement" [5:5 1:371 Changed "Components, ... Agreement' to "Components, ... Agreement" [6:1 1:40] Changed "the Hellman Ranch Specific" to "the Specific" (6:1 1 :40] Changed "4 -2, Hellman Ranch Specific" to "4 -2, Specific" [8:7 1:621 Changed "designee, the Developer" to "designee, Developer" [8:7 1:62] Changed "meet with the Developer to" to "meet with Developer to" [8:7 1:621 Changed "confer with the Developer from" to "confer with Developer from" [8:8 1:631 Changed "to the City. The" to "to City. " [8:8 1:63] Changed "by the Developer" to "by Developer" [8:8 1:631 Changed "by the City" to "by City" [8:8 1:63] Changed "therewith. Ile Developer" to "therewith. Developer" [8:8 1:63] Changed "that the City" to "that City" [8:8 1:63] Changed "provide the City" to "provide City" [9:1 1:64] Changed "financing. The City's" to "financing. City's" [9:2 1:65] Changed "of the City" to "of City" [9:2 1:65] Changed "by the City," to "by City," [9:2 1:65] Changed "that the City's" to "that City's" [9:3 1:66] Changed "for the Developer" to "for Developer" [9:3 1:66] Changed "publication. The Developer' to "publication. Developer" [9:4 1:67] Changed "to the City," to "to City," [9:5 1:68] Changed "benefitted " to "benefited " [10:1 1:69] Changed "Landowners. The Developer" to "Landowners. Developer" [10:1 1:691 Changed "of the Property within" to "of the Subject Property within" [10:1 1:69] Changed "Manager. The City" to "Manager. City" [10:1 1:69] Changed "the Property," to "the Subject Property," [10:1 1:69] Changed "that the Developer" to "that Developer" [10:2 1:70] Changed "Undertaking. The Developer" to "Undertaking. Developer" [10:2 1:70] Changed "Although the City" to "Although City" [10:2 1:701 Changed "with the Developer" to "with Developer" (10:3 1:71] Changed "section " to "Section " [10:5 1:73] Changed "to the City" to "to City" [11:4 1:79] Changed "of this Development Agreement" to "of this First ... Agreement" [11:4 1:79] Changed "under this ... Agreement" to "under this ... Agreement" [11:5 1:80] Changed "to this Development Agreement" to "to this First ... Agreement" [11:5 1:80] Changed "enforce this ... Agreement" to "enforce this ... Agreement" [11:5 1:80] Changed "terminate ... Agreement," to "terminate ... Agreement," [12:2 1:821 Changed "of this Development Agreement" to "of this First ... Agreement" [12:2 1:82] Changed "under this ... Agreement." to "under this ... Agreement." [12:2 1:82] Changed "to this Development Agreement" to "to this First ... Agreement" 112:3 1:83] Changed "this Development" to "this First ... Development" [13:1 1:86] Changed "authorizes ... Agreement" to "authorizes.... Agreement" [13:1 1:86] Changed "under this ... Agreement" to "under this ... Agreement" [13:1 I:861 Changed "subjecting ... Agreement" to "subjecting ... Agreement" [13:1 1:861 Changed "Date, this ... Agreement' to "Date, this ... Agreement" [13:1 1:86] Changed "of this Development Agreement." to "of this First ... Agreement." [13:4 1:89] Changed "this Development" to "this First ... Development" 113:7 1:92] Changed "this Agreement" to "this First ... Agreement" [14:1 1:93] Changed "this Agreement," to "this First ... Agreement," [14:3 1:951 Changed "This Development" to "This First ... Development" [14:3 1:95] Changed "breach of ... Agreement or" to "breach of ... Agreement or" [14:3 1:95] Changed "of this Development Agreement," to "of this First ... Agreement," [14:5 1:97] Changed "this Development" to "this First ... Development" [16:3 1:107] Changed "date of this ... Agreement that" to "date of this ... Agreement that" .[16:3 1:1071 Changed "of this Development Agreement," to "of this First ... Agreement," [16:3 1:107] Changed "provisions ... Agreement shall," to "provisions ... Agreement shall," [16:3 1:107] Changed "of this Development Agreement." to "of this First ... Agreement." [16:3 1:107] Changed "successful, ... Agreement" to "successful, ... Agreement" [16:7 1:111] Changed "Of Development" to "Of First Amended ... Development" [16:7 1: 111] Changed "this Development" to "this First ... Development" [ 17:1 1:112] Changed "FEIR, or this ... Developer" to "FE1R, or this ... Developer" [ 17:1 1:112] Changed "enforcement ... Agreement," to "enforcement ... Agreement," [17:3 1: 114] Changed "This Development" to "This First ... Development" [ 17:3 1:114] Changed "hen " to "lien " [17:3 1:114] Changed "recording ... Agreement" to "recording ... Agreement" [17:3 1:114] Changed "in this Development Agreement" to "in this First ... Agreement" [17:4 1:115] Changed "under this ... Agreement" to "under this ... Agreement" [17:4 1:115] Changed "by this Development Agreement;" to "by this First ... Agreement;" [18:2 1:118] Changed "into this ... Agreement" to "into this ... Agreement" [18:2 1:118] Changed "under this ... Agreement." to "under this ... Agreement." [18:4 1:120] Changed "this Development" to "this First ... Development" [18:4 1: 120] Changed "judgement." to "judgement.... purposes." [ 18:6 1:122] Changed "Of " to "of " [19:2 1:124] Changed "shall continue ... Agreement " to "(except with ... Developer " [ 19:2 1:124] Changed "Property that" to "Property so ... Property that" [19:2 1:124] Changed "obligations ... Agreement by" to "obligations ... Agreement by" [19:2 1:124] Changed "to this Development Agreement" to "to this First ... Agreement" [19:2 1:124] Changed "under this ... Agreement." to "under this ... Agreement." [19:2 1:124] Changed "in this Development Agreement," to "in this First ... Agreement," [19:2 1:124] Changed "Specific Plan " to "CDP Conditions " [19:2 1:1241 Changed "obligations ... Agreement with" to "obligations ... Agreement with" [19:3 1:1251 Changed "this Development" to "this First ... Development" [19:4 1:126] Changed "in this Development Agreement" to "in this First ... Agreement" [19:4 1:126] Changed "of this Development Agreement" to "of this First ... Agreement" [ 19:4 1 :1261 Changed "(H) " to "(ii) " [20:1 1:127] Changed "Of Development ... Obligations" to "Of Obligations" [20:2 1:128] Changed "the Development" to "the First ... Development" [20:3 1:129] Changed "this Development" to "this First ... Development" [20:5 1:131] Changed "This Development" to "This First ... Development" [20:7 1:133] Changed "is " to "does " [20:7 1:133] Changed "inconsistent." to "conflict " [20:7 1:133] Changed "purpose and ... Specific Plan" to "CDP Conditions" [21:1 1:134] Changed "terminate ... Agreement" to "terminate ... Agreement" [21:1 1:134] Changed "to this Development Agreement" to "to this First ... Agreement" [21:3 1:136] Changed "in this Development Agreement." to "in this First ... Agreement." [21:3 1:136] Changed "to this Development Agreement;" to "to this First ... Agreement;" [22:1 1:138] Changed "with this ... Agreement" to "with this ... Agreement" [22:2 1:139] Changed "any provision ... Agreement is held" to "any provision ... Agreement is held" [22:2 1:139] Changed "of the Development Agreement" to "of the First ... Agreement" [22:2 1:139] Changed "then the Development Agreement" to "then the First ... Agreement" [22:2 1:139] Changed "material provision ... Agreement is held" to "material provision ... Agreement is held" [22:2 1:139] Changed "terminate ... Agreement" to "terminate ... Agreement' [22:3 1:140] Changed "this Development" to "this First ... Development" [22:4 1:141] Changed "this Development" to "this First ... Development" [22:5 1:1421 Changed "(i) this Development Agreement" to "(i) this First ... Agreement' [22:5 1:142] Changed "(ii) this ... Agreement" to "(ii) this ... Agreement" [22:5 1:142] Changed "under this ... Agreement," to "under this ... Agreement," [22:5 1:142] Changed "of this Development Agreement" to "of this First ... Agreement" [22:5 1:142] Changed "that this ... Agreement" to "that this ... Agreement" [23:1 1:143] Changed "this Development" to "this First ... Development" [23:1 1:143] Changed "hereof." to "hereof. This ... or effect." (23:2 1:144] Changed "This Agreement" to "This First ... Agreement" [23:13 1:155] Changed "Marilyn Bruce Hastings" to "Patty Campbell" [23:22 1:164] Changed "244 California Street, " to "980 Fifth Ave, " [23:22 1:164] Changed "400" to "202" [23:23 1:165] Changed "Francisco, " to "Rafael, " [23:23 1:165] Changed "94111" to "94904" [26:12:1] Changed "1" to "A" [26:2 2:2] Del Paras "PROPERTY DESCRIPTIONS ... SUBJECT PROPERTIES" [28:3 2:2] Add Pam "DESCRIPTION OF SUBJECT PROPERTY" [30:3 2:161 Del Paras "(State Lands Commission) ... OF SAID COUNTY." [32:5 2:291 Del Paras "(Orange County ... EXHIBIT 2" [36:2 2:29] Add Paras "* * * * ... EXHIBIT C" [36:2 4:21 Changed "PLOT " to "REVISED SITE " [38:15:1] Changed "3" to "D" [40:1 6:1] Del Paras "HISTORY OF HEARINGS ... EXHIBIT 4" (43:2 6: l] Add Pam "EXHIBIT E" [45:1 7:1] Del Paras "ORDINANCE NUMBER ... EXHIBIT 5" [55:2 7:1] Add Paras "EXHIBIT F ... EXHIBIT H" [57:19:3] Changed "VESTED COMPONENTS FOR" to "FOR" [57:4 9:6] Changed "27,1997." to "27,1997, as ... Specific Plan." [57:7 9:9] Changed "Maps " to "Map approval conditions " [57:7 9:9] Changed "caw " to "case " [57:9 9:11] Changed "1(a)(7) " to "1(a)(5) " [57:10 9:12] Changed "Plot " to "Revised Site " [57:10 9:12] Changed "thereof and" to "thereof or ... lesser, and" [58:19:121 Changed "(2) 18 -inch ... Haynes Channel." to "(2)" [58:2 9:131 Changed "(3) Signal" to " Signal" [58:3 9:141 Changed "(4) Signal ... on Parcel 9" to "(3) Improvements ... right -of -way" [58:3 9:131 Changed "improvement." to "improvement" [58:4 9:14] Changed "(5) Improvements ... improvement on" to " on" (58:4 9:14] Changed "Sea] " to "Seal " [58:4 9:14] Changed "the opening ... Parcel 4." to "issuance of ... Parcel 2." [58:5 9:15] Changed "(6) " to "(4) " [58:5 9:15] Changed "These " to "The " 158:5 9:15] Changed "improvements shall" to "improvements ... Boulevard shall" [58:5 9:151 Changed "wall, (iv)" to "wall, and (iv)" [58:5 9:15] Changed "principles, ... entrance." to "principles." [58:5 9:15] Changed "2; provided, ... Parcel 4." to "2." (58:6 9:16] Changed "(7) " to "(5) " [58:6 9:16] Changed "$400,000.... City. City" to 1400,000. City" [58:6 9:161 Changed "$100,000 " to "One Hundred ... ($100,000) " [58:6 9:16] Changed "25% of $400,000 ($ 100,000)" to "twenty -five ... ($400,000)" [58:6 9:16] Changed "25 % of $300,000 ($75,000)." to "twenty -five ... ($300,000)." [59:19:17] Changed "1(a)(3) " to 1(a)(2) " [59:19:17] Changed "(7)" to "(5)" - [59:2 9:18] Changed "on -site. If City determines" to "on -site. City has determined" [59:2 9:18] Changed "factors, Developer ... alternatives:" to "factors" [59:2 9:18] Changed "factors," to "factors. Therefore, ... 65590(d)." [59:3 9:18] Del Paras "(1) Provision of ... restrictions; or" [59:5 9:18] Changed "(3) If Developer ... to City an" to " an" [59:5 9:181 Changed "($53,750), ... deposited" to "($53,750), ... deposited" [59:5 9:181 Changed "cost, on or ... 31, 1999." to "cost." [59:5 9:181 Changed "fee shall fully satisfy" to "fee fully satisfies" [59:5 9:18] Changed "discharge " to "discharges " [60:19:19] Del Paras "If none of the ... quantity users." [60:5 9:20] Changed "Plot " to "Revised Site " 160:5 9:201 Changed "the golf course ... portion of " to "City issues ... any lot on " [60:5 9:20] Changed "earlier." to "earlier, subject ... Conditions." [60:6 9:21] Del Para "(b) Configuration.... Specific Plan." [60:7 9:21] Changed "(c) " to "(b) " [60:7 9:221 Changed "uses. Title ... 3(d) below." to [61:19:22] Del Para "(d) Management ... the errant balls." [61:2 9:22] Changed "(e) 'p to "(c) " [61:2 9:231 Changed "is ". From ... sponsored events." to [61:3 9:23] Changed "(f) " to "(d) " [61:4 9:231 Changed "(g) Grading.... nay agree." to [61:5 9:241 Changed "(h) " to "(e) " [61:6 9:251 Changed 1.0) " to "(f) " [61:6 9:251 Changed "Twenty -Five " to "Forty " [61:6 9:25] Changed "($25,000) " to "($40,000) " [61:6 9:251 Changed "and Five Thousand" to "and Ten Thousand" [61:6 9:25] Changed "($5,000) " to "($10,000) " [61:7 9:26] Changed "(j) " to "(g) " [62:19:27] Del Paras "4. Saltwater Marsh ... trail extension." [63:8 9:27] Add Paras "(h) CDP Conditions.... CDP Conditons.." [63:8 9:29] Changed "7" to "5" [63:8 9:29] Changed "the Plot Plan," to "the Revised Site Plan," [63:8 9:29] Changed "for. access ... Plot Plan and" to "for access ... Site Plan and" [63:8 9:29] Changed "other uses ... course use" to "other compatible uses" [63:8 9:291 Changed "Developer ... interest." to "Developer." [63:8 9:29] Changed "opening of ... course for play" to "issuance by ... on Parcel 2" [64:19:30] Changed "* * * *" to "6. Construction: ... shall control." (66:19:31] Changed "SCHEDULE 1" to "* * * *" [67:8 9:391 Changed "DEVELOPMENT" to "FIRST AMENDED ... DEVELOPMENT" [67:13 9:441 Changed "October 27, 1997" to " , 2001" NOTE CHANGES [1 1] Changed "45" to "4" [1 1] Changed "D" to "F" This redlined draft, generated by CompareRite (TM) - The Instant Redliner, shows the differences between - original document : N:\H\HELLP\SB -SEAL BEACH\DOCS \1 -DEVEL AGMT.DOC and revised document: N:\H\IIELLP\SB -SEAL BEACH\DOCS \W -DEVEL AGMT.DOC CompareRite found 256 change(s) in the text CompareRite found 2 changes) in the notes Deletions appear as Overstrike text Additions appear as Double Underline text Public Hearing - Amended and Restated Development Agreement re: Hellman Ranch Project City Council Staff Report February26, 2001 ATTACHMENT 3 LEAGUE FOR COASTAL PROTECTION ET AL. V. CALIFORNIA COASTAL COMMISSION, SETTLEMENT AGREEMENT AND ORDER THEREON, FILED DECEMBER 29, 1999 AmaMW Development A® mt,CC Stiff Report 12 D. DWIGHT WORDEN (State Bar N0.63236) D. WAYNE BRECHTEL (State Bar Na.144844) WORDEN , WILLIAMS, RICHMOND, BRECHTEL & GIBBS, APC 462 Stevens Avenue, Suite 102 Solana Beach, CA 92075 (858) 755 -6604 Telephone (858) 755 -5198 Facsunile E -Mail: wwrbg @solaiWaw.com Attorneys for Real Party In Interest Hellman Properties 6 6' O L1..,: SUPERlO Ul6'O ur ANGE RNIA CTVA0 4 1:LCENE CENTksl lU.i'. JCL CENTFA DEC 2 9 1999 ALAN SUTER(P�cfClle�eaxaf Ne CAUt g By J. J0NE6 SUPERIOR COURT OF CALIFORNIA COUNTY OF ORANGE LEAGUE FOR COASTAL PROTECTION, a California nonprofit corporation, CALIFORNIA EARTH CORPS, a California Nonprofit corporation, Petitioners, vs. CALIFORNIA COASTAL COMMISSION, an Agency of the State of California, Respondent. HELMAN PROPERTIES, a California Limited Liability Corporation; SOUTHERN CALIFORNIA EDISON, CITY OF SEAL BEACH; CALIFORNIA STATE LANDS COMMISSION DOES 1 -100, Inclusive, Real Parties -In- Interest. a non -profit corporation, Petitioner, V. CALIFORNIA COASTAL COMMISSION, an Agency of the State of California, Respondent. CASE NO. 801830 (Assigned For All Ptapons To David R Chaffee) CASE N0. 807590 (Assigned For All Proposes To Judge David R Chaffee and Deemed Related to Case No. 80 1830) SETTLEMENT AGREEMENT AND ORDER THEREON SETTLEMENT AGREEMENT �� A I HEL MAN PROPERTIES, a California Limited ) Liability Corporation, CITY OF SEAL BEACH, ) 2 SOUTHERN CALIFORNIA EDISON, ) CALIFORNIA STATE LANDS COMMISSION, ) 3 ) Real Parties in Interest. ) 4 ) 5 I. 6 RECITALS 7 1. Subject to approval of the Court, the Parties to the above - captioned matter have agreed to 8 a full, final and complete settlement of this litigation on the terms and conditions set forth herein. 9 2. The basic purpose.of this Agreement is to resolve this litigation by remanding the subject 10 project to the Coastal Commission for consideration of a modified Project as set forth in Exhibit "A" that 11 would: (1) eliminate development within and impacts to wetlands that would have been caused by the 12 golf course portion which would have resulted in the fill of 17.9 acres of existing wetlands; and (2) allow 13 the balance of the project within the upland areas to proceed forward. While Petitioners support the 14 return of the matter to the Coastal Commission, their entry into this Agreement is in no way to be 15 construed or understood as an endorsement or support of the particular project and conditions as set 16 forth in Exhibit "A" 17 3. This Agreement is entered into by the Parties, and each of them, without any admission of 18 fault or liability of any kind, but instead to avoid the costs and risks of litigation and to resolve this matter 19 in a manner mutually satisfactory to all. In this regard, the parties have made certain agreements with 20 respect to remand of this matter to the Coastal Commission by the Court. The details are specified 21 below. 22 II. 23 SETTLEMENT TERMS 24 4. The Parties agree that a Peremptory Writ of Mandate shall issue under seal of this Court 25 remanding Coastal Development Permit, No. 5 -97 -367, which is the subject of the above- captioned 26 litigation, to the Commission with instructions that it consider the modified Project proposed by Hellman 27 The specific conditions of the modified Project are set forth in Exhibit "A ", attached hereto and 28 incorporated herein by reference. SEITLEI, (AGREEMENT 10 11, 12 13 14 16 17 18 19 20 21 22 23 24 25 26 27 28 5. Hellman Properties and their representatives shall supply the Commission and its staff with an application for approval of the modified Project pursuant to the conditions set forth in Exhibit "A" and with any other materials or information that may be needed by the Commission to process the application. 6. The Commission and its staff agree to process the modified Project proposal on a priority basis. However, this Agreement shall not, in any way, limit the Commission's exercise of its discretion when considering the modified Project. The parties agree that Petitioners are not obligated to support the modified Project and further agree that upon remand before the Commission, Petitioners can make any comments and submit any information they deem appropriate in connection with the modified Project, including recommending special project conditions that address environmental impacts. S. Respondent Commission shall file and serve on all parties a Return to the Writ of Mandate issued pursuant to this Agreement and Order no later than March 1, 2000. The return shall specify the actions taken to comply with the terms of the Peremptory Writ of Mandate and shall inform the Court in detail of the action taken by the Commission with respect to the modified Project. The parties may file objections, if any, to the proposed Return to the Writ of Mandate within 15 days after such service. Upon a determination by this Court that the actions taken by Respondent complied in all respects with the terms of the Peremptory Writ of Mandate, the Court shall discharge the Peremptory Writ of Mandate. 9. If the modified Project conditions set forth in Exhibit "A" are approved by the Commission, and as so approved, accepted by Hellman Properties, Petitioners shall, within 30 days of the filing of the Return to the Writ of Mandate, enter a dismissal, with prejudice, of their litigation and shall be precluded from further litigation of the issues pled or that could have been pled in their respective Petitions. If Petitioners file such new litigation challenging approval of the modified Project, Hellman 11 shall have the right to challenge the new action based upon a violation of this Agreement. 10. In the event that the Commission shall, for any reason, not approve the modified Project conditions set forth in Exhibit "A" or if the approval issued by the Commission is not accepted by Hellman Properties, the Parties agree that a litigation status conference shall be set in this matter as soon as possible to review the status of the matter with the Court. Unless the Parties agree otherwise in SETTLEMENT AGREHbffNI 1 2. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 2611 27 2811 writing or on the record at such status conference, this matter shall be rescheduled for trial upon a determination by the Court that either, or both, of the following have occurred: (1) Commission disapproval of the modified Project conditions set forth in Exhibit "A ', or (2) Hellman Properties' refusal to accept any or all of the permit conditions as finally approved by the Commission. In that event, Coastal Development Permit No. 5 -97 -367 as approved by the Commission on February 3, 1999 shall remain in effect, subject to all legal challenges filed by Petitioners herein, and the litigation processing time periods shall be deemed to have been tolled from the date of approval by the Court of this Agreement to the date of final disapproval of the modified Project conditions, or rejection of the Commission approval thereof by Hellman Properties, whichever occurs first. In the event this matter is rescheduled for trial, the parties, and each of them, shall retain their full rights unprejudiced by having entered into this settlement. 11. If, pursuant to this Agreement, this action is dismissed, Petitioners shatl recover costs and attorney's fees as agreed to by the parties, in writing, or in the alternative, the Court shall decide the issue by way of motion. 12. This Agreement shall not, in any way, limit the separate regulatory authority of the City of Seal Beach over the Project. 13. Southern California Edison reserves the right to present information and comments to the Commission regarding the modified Project. 14. The Parties agree that Petitioners have already complied with their obligation to request a hearing pursuant to Section 21167.4 of the Public Resources Code and jointly request that the court vacate or continue the currently scheduled November 30, 1999 hearing to allow time for performance of this Agreement. 15. This Agreement may be executed in counterparts, and when each party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original and, when taken �c,ry� ��1£N ViIL.sR. R1CH"IIID BR T66 s190 1995.11 -me SS:FG OBmQ P. m2 /Do I tot,btherrith tLe ot4er wurnt¢ x awl com6m Ong Stiyoldtiop. DATED: V g ITS % LEAWE FOR �COASTAL PROTECTION, a i; u9: LH�+IQP �Csa" DATED: V- 177 CALIFORNIA EARTH CORPS.,a Ca RwaimNonprafit cacpotadm gY � . Its WETLANDS ACTION NETWORK. a California non-profit corporation, B 7 Its: + lilac a `i DATED: CALMORNIIA COASTAL COMMISSION in Ageaq, 4f tam Stela of Cal$®ia By Iv. DATED: 11— i'i`g. -I HELLMAN PROPERTIES, a California Limited Liability Corporation i By. Its: [SIGNATURES CONTIDtiI1J.D ON -MT PAGa'] [SIGNATURES CONTINUED FROM PREVIOUS PAGE] DATED: I P SOUTHERN CALIFORNIA EDISON By Its: a DATED: CITY OF SEAL BEACH By. Its: DATED: CALIFORNIA STATE LANDS CON%aSSION By: Its: APPROVED AS TO FORM DATED: _4 Iii CALIFORNIAEN IELONMENTALLAW PROJECT By. /iI GI.I[./LX40 'stT Ly I iA�31 S i3. NlLVEF,Attorneys or enhoou LEAGUE FOR COASTAL PROTECTION - DATED: ll/ z- lq 1 LAW OFFICES OF CHARLES J. POST 7 c By. 1 � r T �V �= LliAYLLI-S J. FUST, AttoPetitionu CALIFORNIA EARTH CORPS [SIGNATURES CONTINUED ON NEXT PAGE] e i • a�„�au _.., „ti3N ..� =:nra ?. Cant• <: earn r.arr. FRGr� �UCP�N IJ{L'' —SRT RS �YMQ`2 1 2H 3 d 5 6 7 8 9 ]0 I1 12 13 14 15 16 17 IB 19 20 21 22 23 X 2S 2611 27' 23 SSS 7SS S158 1` .-1-oa 13 ;35 8292 P.2S /25 359 795 5198 1995.11 -08 ll1= a 8.02/09 togatlta with the othc wunteryeits, shall con36b2c ono Stiyulation. DATED: V g t 7 % LEAGUE FOR COASTAL PROTECTION, a Califamia --wo& cagwat:on By: q In: DATED: R 1 �1�/ CALIFOR NIA EARTH CORPS, a Cahfbrt Nonpmfit oatporatiaa By_,� its: DATED: •.;,� A,15�rS w-n-ANDS ACTION NETWORK a rauror„', nan-pmfit corparati= B � Itc: DATED: I% l a�'I al Q CAI..]FO T "'ON' If�''t'�` en AB�tY tho S B Iu: Md. r e r DATED: HELLMAN PROPMTMS, a Califbmia Limited Liability Corpolaiion I By. Its: [SIGNATURES CONTIri M ON NEXT PAGE] 10 [SIGNATURES CONTINUED FROMPREVIOUS PAGE] DATED: 11194q SOUTHERN CALIFORNIA EDISON By. Irs:F �a 254 L e 25 DATED: CITY OF SEAL BEACH By- Its: DATED: 2 �� CALIFORNIA STATE LANDS COMbIIS�SIOONN g By i LI ( Its: EySftV�. APPROVED AS TO FORM DATED: IS q CALIFORNIAENVIRONMENTALLAW PROJECT It LAUKENS i a LEAGUE .• . oT DATED: �� �� cf LAW OFFICES OF CHARLES 7. POST By T S'y� v Aaameys or Petitioner CALIFORNIA EARTH CORPS [SIGNATURES CONTINUED ON NEXT PAGE] •r _ .+ ^w" ..0 .a r- ....ni1� eae ._= slae >. 11 -.�10 1��a0 F090 P. 0Ti09 [SIGNATURES CONTINUED FROM PREVIOUS PAGE] DATED: I Q SOUTHERN CALIFORNIA EDISON By its: n(a���r ss4L�se�� DATED: I I I h I q.� CITY OF SEAL BEACH By: —Pe4 '6 Its: ma,( Z �. , l 4¢� DATED: I APPROVED AS TO FORM DATED: Iis 9 DATED: C CALIFORNIA STATE LANDS COMMISSION By: Its: CALIFORNIA ENVIRONMENTAL LAW PROJECT LAURENS HSILVEKgomcys&for 0e6ilmc LEAGUE FOR COASTAL PROTECTION L /AW� OFFICES OF CHARLES J. POST CkiARj-FS J. POST, Attom cy3 tor Peanoner CALIFORNIA EARTH CORPS [SIGNATURES CONTINUED ON NEXT PAGE] 1 2 3 4 5 6 7 B 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 Y [SIGNATURES CONTINUED FROM PREVIOUS PAGE] DATED: rl B e m PUBLIC INTEREST LAWYERS GROUP B3,. DA ID H WILLIAMS, Attorneys for Petitioner WETLANDS ACTION NETWORK DATED: (l 'BILL LOCKYER, ATTORNEY GENERAL OF THE STATE OF CALIFORNIA By. QZ&Y4&c5 JJANME JORDAN PAT SON, Attorneys Tor Respondent CALIFORNIA COASTAL COMMISSION and Real Parry -in- Interest CALIFORNIA STATE LANDS COMMISSION DATED: // 1 WORDEN , WILLIAMS, RICHMOND, BRECHTEL & GIBBS, APC By. 1,�2- / /„ � . 'D. AYNE B CHTEL, Attorneys or ;Real Party -in- Interest HELL SAN PROPERTIES DATED: RICHARDS, WATSON & GERSHON STEVEN 13 -RA Attnrneya or Real Party-in-Interest CITY OF SEAL BEACH DATED: l I 0 sM7uERN CALIFORNIA EDIS ON By'. CHAEL GONZALF5, 'Ann or Real Party -in- Interest SO CALIFORNIA EDISON ORDER GOOD CAUSE APPEARING, and in light of the terms of settlement of all parties set forth above, IT 1S HEREBY ORDERED THAT: SENLEMEN I AGREEMENL 1. The terms and conditions of the Settlement Agreement set forth above are approved by and deemed an Order of the Court; and I The November 30, 1999 hearing for the above - entitled, related actions, Case Nos. 801830 and 807590 is vacated, pending further order of the court after the filing of a return to the Writ of Mandate issued pursuant to this Order. Dated: DAVID R. CHAFFEE David R Chaffee, Judge of the Superior Court R SETILEN ENT AGREQ.HngT Permit Application No. 5-97 -367 Page 6 of 68 COMMISSION RESOLUTION FOR ADOPTING REVISED FINDINGS FOR APPROVAL WITH CONDITIONS OF CDP 5 -97 -367 Staff recommends that the Commission adopt the following motion. Comments from the public concerning the findings will be limited to discussing the adequacy of the findings to support the Commission's action of September 9, 1998. Motion I move that the Commission adopt the following revised findings in support of the Commission 's approval with conditions of CDP 5-97 -367. Staff Recommendation Staff recommends a YES vote, and the adoption of the following findings. An affirmative vote by a majority of the Commissioners present who voted on the prevailing side is needed to pass the motion. (See list on p. 1) II. STANDARD CONDITIONS. 1. Notice of Receipt and Acknowledgment. The permit is not valid and development shall not commence until a copy of the permit, signed by the permittee or authorized agent, acknowledging receipt of the permit and acceptance of the terms and conditions, is returned to the Commission office. 2. Expiration. If development has not commenced, the permit will expire two years from the date this permit is reported to the Commission. Development shall be pursued in a diligent manner and completed in a reasonable period of time. Application for extension of the permit must be made prior to the expiration date. 3. Compliance. All development must occur in strict compliance with the proposal as set forth in the application for permit, subject to any special conditions set forth below. Any deviation from the approved plans must be reviewed and approved by the staff and may require Commission approval. 4. Interpretation. Any questions of intent or interpretation of any condition will be resolved by the Executive Director or the Commission. 5. Inspections. The Commission staff shall be allowed to inspect the site and the project during its development, subject to 24 -hour advance notice. helrad/documents/commission resolution CDP 5 -97 -367 Page 1 6. Assignment. The permit may be assigned to any qualified person, provided assignee files with the Commission an affidavit accepting all terms and conditions of the permit. 7. Terms and Conditions Run with the Land. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessors of the subject property to the terms and conditions. III. SPECIAL CONDITIONS. 1. RESERVATION OF POTENTIAL FOR LOWLANDS ACQUISITION FOR WETLANDS RESTORATION PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and of content acceptable to the Executive Director which shall provide that: (a) ape a tlto iv e°1� yw w. eats the applicant agrees to sell the lowlands area of the property as defined in Exhibit 1 to any public agency or non - profit association acceptable to the Executive Director that requests in writing to purchase the property; (b) the sale shall be at fair market value as established by an appraisal paid for by the buyer and prepared by an appraiser mutually acceptable to the buyer and applicant, or, if the parties are unable to agree, by an appraiser designated by third party, or if the buyer and applicant agree through an arbitration on value; and, (c) for uses restricted to wetlands restoration and education purposes, with reversion rights to the State Coastal Conservancy. The deed restriction shall �Mp to s_cog be recorded over the lowlands area of the property and shall run with the land, binding all successors and assigns ecestal development , and shall be recorded free of prior liens and encumbrances that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission- approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. helrad/documents/co ¢ unission resolution CDP 5 -97 -367 Page 2 2. REVISED VESTING TENTATIVE TRACT MAP NO. 15381. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two copies of a revised vesting tentative map for Tract No. 15381. The revised map shall show only five legal lots as generally depicted in Exhibit 1, page 4; namely, 1) the lot currently owned by the California State Lands Commission, 2) the lot currently owned by the City of Seal Beach Redevelopment Agency, 3) proposed Lot 2 which is proposed to be further subdivided into seventy residential lots pursuant to proposed Tentative Tract Map 15402, 4) proposed Lot 3 for the proposed dedication of Gum Grove Park, which shall be in substantial conformance with the configuration shown on the map submitted with the permit application and maintain the proposed minimum 25 wide frontage along Seal Beach Boulevard, and 5) a lot consisting of the remainder of the subject site owned by the applicant. The applicant shall record the revised map approved by the Executive Director. 3. STATE LANDS PARCEL. ve. fopirye�'Lsneamr�', helrad/documents/conunission resolution CDP 5 -97 -367 Page 3 4 No No q helrad/documents/conunission resolution CDP 5 -97 -367 Page 3 helrad/documents/commission resolution CDP 5 -97 -367 Page 4 !�el9u[H.Z�Il��GE/ PRIOR TO THE ISSUANCE OF �ll'EIYaL'G€�sic GE)ASTAL DEVELOPMENT PER 1?, the applicant shall submit, for the review and approval of the Executive Director, written evidence demonstrating that the area known as Gum Grove Nature Park and as delineated as Lot 3 of proposed Vesting Tentative Tract Map 15381 has been dedicated in fee to the City of Seal Beach, as proposed by the applicant. The dedication documents shall provide that: (a)The park shall be preserved in perpetuity as a passive recreational nature park open to the public. Active recreational activities or commercial facilities shall be prohibited. (b) Necessary parking facilities which are the minimum required to serve the park and which meets Americans with Disabilities Act requirements shall be provided. The existing twenty (20) striped parking spaces for Gum Grove Park shall be maintained. © All new or upgraded trails within the dedicated park area shall be constructed to be accessible to persons with disabilities consistent with Americans with Disabilities Act requirements. New or upgraded trails shall not be lighted in order to minimize impacts on wetlands. (d) Small scale interpretive signage which describes the Monarch Butterfly may be permitted if approved by the Executive Director. (e) Gum Grove Park shall be open from dawn to dusk on a daily basis. Changes in hours of operation of Gum Grove Park shall require an amendment to this permit unless the Executive Director determines that an amendment is not required. (f) Signage shall be conspicuously posted which states that the park is open to the general public. (g) That portion of proposed Lot 3 of Tentative Tract Map No. 15381, comprised of an approximately 25 foot wide strip of land which borders helrad/documents/commission resolution CDP 5 -97 -367 Page 5 Seal Beach Boulevard and extends west from Seal Beach Boulevard to connect with the primarily used part of Gum Grove Park, shall be subject to the following requirements: (1)The frontage along Seal Beach Boulevard shall not be gated, fenced, or obstructed in any manner which prevents public access from Seal Beach Boulevard. (2)The area shall be reserved for a public trail and parking lot, which are visible, and directly accessible to the public from Seal Beach Boulevard, and which lead from Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking lot area shall be large enough for a minimum of ten (10) parking spaces. Where it is not feasible to reserve enough public parking area on this portion of proposed Lot 3, public parking directly accessible from Seal Beach Boulevard shall be provided for on proposed Lot 2 of Tentative Tract Map No. 15381 adjacent to proposed Lot 3, in accordance with the provisions of Special Condition 5.B. of this permit. 5. PUBLIC ACCESS PROGRAM. A. Public Access Signage. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the permittee shall submit, for the review and approval of the Executive Director, a detailed signage plan which provides for the installation of signs clearly visible from Pacific Coast Highway and Seal Beach Boulevard which invite and encourage the public to use the public access, parking, and recreation opportunities proposed at Gum Grove Park, the State Lands pereel, and the public access trail and public parking linking Gum Grove Park to Seal Beach Boulevard. Key locations include but are not limited to; 1) the entranee to the 9) Gum Grove Park, both at its western entrance and at the proposed Seal Beach Boulevard entrance. The-plans-shaH-aFsa provide fe, signage Lands parcel for the exciush a use of trail ttsers and which eieer[y�� The plans shall indicate the location, materials, dimensions, colors, and text of the signs. The permittee shall install the signs in accordance with the signage plans approved by the Executive Director. B. Residential Community Streets (Vesting Tentative Tract Mao No. 15402). PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall execute and record a deed restriction, in a form and content acceptable to the Executive Director, which shall provide that: 1) public helrad/documents/commission resolution CDP 5 -97 -367 Page 6 pedestrian and bicycle access to the streets and sidewalks constructed within the area subject to Vesting Tentative Tract Map No. 15402 shall not be precluded, 2) no locked gates, walls, fences, or other obstructions prohibiting public pedestrian or bicycle access to the streets and sidewalks constructed within the area subject to Vesting Tentative Tract Map No. 1 5402 shall be permitted, 3) no requirement to allow public vehicular access over the private streets is necessary if the applicant is willing to provide public parking within Gum Grove Park and a separate vehicular entrance from Seal Beach Boulevard to said public parking, 4) if fewer than the ten (10) public parking spaces required by Special Condition 4.(G)(2) of this permit can be constructed on proposed Lot 3 of Vesting Tentative Tract Map No. 15381, the portion of the area subject to Vesting Tentative Tract Map No. 15402 closest to Lot 3 shall be reserved for the balance of the public parking spaces so that the parking spaces are directly accessible from Seal Beach Boulevard. The deed restriction shall be recorded over the entire area subject to Vesting Tentative Tract Map No. 15402 and shall run with the land, binding all successors and assigns, and shall be recorded free of prior liens that the Executive Director determines may affect the enforceability of the restriction. This deed restriction shall not be removed or changed without a Coastal Commission - approved amendment to this coastal development permit unless the Executive Director determines that no amendment is required. C. Revised Vesting Tentative Tract Mao No. 15402. PRIOR TO ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, two copies of a revised vesting tentative map for Tract No. 15402 if: (1) all of the ten public parking spaces required under Special Condition 4.(G)(2) cannot be built on proposed Lot 3 of Vesting Tentative Tract Map 15381, and/or (2) the entities with jurisdiction over Seal Beach Boulevard do not approve a separate vehicular entrance off of Seal Beach Boulevard to said public parking spaces. The revised map shall show: (1) the locations and design of said public parking spaces which cannot be built on Lot 3 and instead shall be built on the portion of the area subject to Vesting Tentative Tract Map No. 15402 closest to Lot 3, and 2) the location of the public street which connects the public parking required under Special Condition 4.(G)(2) of this permit with the entrance to the subdivision proposed by Vesting Tentative Tract Map No. 15402. The revised map shall be accompanied by written documentation demonstrating that the governmental agencies which have jurisdiction over Seal Beach Boulevard and parking space standards have approved the revised map. The applicant shall record the revised map approved by the Executive Director. D. Construction of Trail and Parking Lot. PRIOR TO COMMENCEMENT OF CONSTRUCTION OF THE HOUSES WITHIN THE AREA SUBJECT TO helrad/documents/commission resolution CDP 5 -97 -367 Page 7 VESTING TENTATIVE TRACT MAP N0. 15402, the applicant shall construct a public access trail and parking lot, which are visible and directly accessible to the public from Seal Beach Boulevard, which lead from Seal Beach Boulevard to the primary part of Gum Grove Park to the west. The public parking lot shall contain a minimum of ten (10) parking spaces and shall be directly accessible from Seal Beach Boulevard. Where it is not feasible to construct the public parking and vehicular entrance on this portion of proposed Lot 3 of Vesting Tentative Tract Map No. 15381, public parking directly accessible from Seal Beach Boulevard shall be constructed on proposed Lot 2 of Tentative Tract Map No. 15381 (i.e., the area subject to Vesting Tentative Tract Map No. 15402) immediately adjacent to proposed Lot 3, in accordance with the provisions of Special Condition 5.8 of this permit. belrad/documents/commission resolution CDP 5 -97 -367 Page 8 HIM belrad/documents/commission resolution CDP 5 -97 -367 Page 8 MAMMA belrad/documents/commission resolution CDP 5 -97 -367 Page 8 6. ARCHAEOLOGY For purposes of this condition, "OHP" shall mean the State Office of Historic Preservation, and "NAHC" shall mean the state Native American Heritage Commission. A. Research Design. The permittee shall undertake the proposed archaeological investigation in conformance with the proposed archaeological research design entitled A Research Design for the Evaluation of Archaeological Sites within the Hellman Ranch Specific Plan Area dated November 1997 prepared by KEA Environmental, Inc. for the City of Seal Beach. Prior to issuance of the coastal development permit, the applicant shall submit written evidence; subject to the review and approval of the Executive Director, that a copy of the archaeological research design has been submitted to the OHP, the NAHC, and the Native American person /group designated or deemed acceptable by the NAHC, for their review and comment. An amendment to this permit shall be required for any changes to the research design suggested by OHP, NAHC, or the Native American grcup /person unless the Executive Director determines that an amendment is not required. B. Selection of Archaeolocist(s) and Native American Monitorlsl. The archaeologist(s) selected by the City shall meet the United States Department of Interior minimum standards for archaeological consultants, as also endorsed by the OHP. The City shall select the Native American monitor(s) in compliance with the "Guidelines for monitors /consultants of Native American cultural, religious and burial sites" issued by the NAHC, and in consultation with the helrad/documents/comrnission resolution CDP 5 -97 -367 Page 9 NOUN 1 ANNE,- 6. ARCHAEOLOGY For purposes of this condition, "OHP" shall mean the State Office of Historic Preservation, and "NAHC" shall mean the state Native American Heritage Commission. A. Research Design. The permittee shall undertake the proposed archaeological investigation in conformance with the proposed archaeological research design entitled A Research Design for the Evaluation of Archaeological Sites within the Hellman Ranch Specific Plan Area dated November 1997 prepared by KEA Environmental, Inc. for the City of Seal Beach. Prior to issuance of the coastal development permit, the applicant shall submit written evidence; subject to the review and approval of the Executive Director, that a copy of the archaeological research design has been submitted to the OHP, the NAHC, and the Native American person /group designated or deemed acceptable by the NAHC, for their review and comment. An amendment to this permit shall be required for any changes to the research design suggested by OHP, NAHC, or the Native American grcup /person unless the Executive Director determines that an amendment is not required. B. Selection of Archaeolocist(s) and Native American Monitorlsl. The archaeologist(s) selected by the City shall meet the United States Department of Interior minimum standards for archaeological consultants, as also endorsed by the OHP. The City shall select the Native American monitor(s) in compliance with the "Guidelines for monitors /consultants of Native American cultural, religious and burial sites" issued by the NAHC, and in consultation with the helrad/documents/comrnission resolution CDP 5 -97 -367 Page 9 appropriate Native American person /group deemed acceptable by the NAHC C. Post - Investigation Mitigation Measures. Upon completion of the archaeological investigation, and prior to the commencement of construction of any development (other than archaeological investigation activities or subdivision) located within proposed Lot 2 of proposed Vesting Tentative Tract Map 15381, the applicant shall submit, for the review and approval of the Executive Director, a written report regarding the following: 1) a summary of the findings of the archaeological investigation, and 2) a final written mitigation plan which shall identify recommended mitigation measures, which may include capping of archaeological sites, data recovery and curation of important archaeological resources as defined by the California Environmental Quality Act, and detailed additional mitigation measures which need to be implemented. The applicant shall also submit for review and approval of the Executive Director, a signed contract with a City - selected archaeological consultant that provides for archaeological salvage that follows current accepted professional practice, if additional archaeological data recovery measures are determined appropriate. The written report and additional mitigation measures shall also be submitted to the OHP and the appropriate Native American person /group designated or deemed acceptable by the NAHC. An amendment to this permit shall be required to implement any additional mitigation measures unless the Executive Director determines a permit amendment is not required. D. Implementation of Mitioation Measures and Summary of Fieldwork. Prior to commencement of site preparation, grading, and construction activities for any development (other than archaeological investigation activities) located within a fifty foot (50 ") radius of the furthest boundary of each state - identified archaeological site as delineated in the archaeological research design, all of the requirements of Special Conditions 5.A., 5B., and 5.C. shall have been met. All development shall occur consistent with the final plan required by Special Condition 5.C. A written synopsis report summarizing all work performed in compliance with Special Conditions 5A 53, and 5.0 shall be submitted to the Executive Director, CHIP, and NAHC within six (6) weeks of the conclusion of field work. No later than six months after completion of field work a final report on the excavation and analysis shall be submitted to the Executive Director, OHP and the NAHC. E. Monitoring of Construction Activities. All site preparation, grading and construction activities for the proposed development shall be monitored on -site by a qualified archaeologist and Native American monitor. The archaeologist and Native American monitor shall have the express authority to temporarily halt all work in the vicinity of the discovery site should significant cultural resources be discovered. This requirement shall be incorporated into the construction helrad/documents/commission resolution CDP 5 -97 -367 Page 10 documents which will be used by construction workers during the course of their work F. Discovery of Cultural Resources / Human Remains During Post Archaeological Testing Construction Activities. (1) If additional or unexpected archaeological features are discovered during site preparation, grading, and construction activities for approved development other than the archaeological investigation, all work shall be temporarily hafted in the vicinity of the discovery site while the permittee complies with the following: The archaeologist, in consultation with the Native American monitor, shall sample, identify and evaluate the artifacts as appropriate and shall report such findings to the permittee, the City and the Executive Director. If the archaeological resources are found to be significant, the archaeologist, in consultation with the Native American monitor, shall determine appropriate actions, and shall submit those recommendations in writing to the Executive Director, the applicant and the City. The archaeologist shall also submit the recommendations for the review and approval of the Executive Director and shall be prepared in accordance with the provisions outlined in Special Condition 5.0 above. Any recommended changes to the proposed development or the mitigation measures identified in the final plan required by Special Condition 5C. shall require a permit amendment unless the Executive Director determines that a permit amendment is not required. Development activities may resume if the cultural resources are not determined to be'important' as defined by the California Environmental Quality Act (CEQA). (2) Should human remains be discovered on -site during the course of site preparation, grading, and construction activities, immediately after such discovery, the on -site City - selected archaeologist and Native American monitor shall notify the City of Seal Beach, Director of Development Services and the County Coroner within 24 hours of such discovery, and all construction activities shall be temporarily halted in the vicinity of the discovery site until the remains can be identified. The Native American group /person deemed acceptable by the NAHC shall participate in the identification process. Should the human remains be determined to be that of a Native American, the permittee shall comply with the requirements of Section 5097.98 of the Public Resources Code. Within five (5) calendar days of such notification, the director of development services shall notify the Executive Director of the discovery of human remains. heirad/documents/commission resolution CDP 5 -97 -367 Page 11 G. Incorporation of Archaeology Requirements into Construction Documents. Special Condition No. 6 of coastal development permit 5 -97 -357 shall be incorporated in its entirety into all the construction documents which will be used by construction workers during the course of their work as well as all construction bid documents. 7. WATER QUALITY. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, a National Pollutant Discharge Elimination System permit ( °NPOES °), Storm Water Pollution Prevention Plan, and Structural and Non - structural Best Management Practices for the proposed project, in compliance with the standards and requirements of the California Regional Water Quality Control Board. The applicant shall implement and comply with the water quality measures approved by the Executive Director. Runoff from the site shall be directed to the Los Alamitos retarding basin to the maximum extent feasible. The permittee shall comply with mitigation measures WQ -5 through WQ -10 inclusive as approved by City of Seal Beach City Council resolution 4562. B. HAZARDS Mitigation Measures WQ -1, WQ -2, WQ -3, WQ-4, GEO -1, GEO -2, GEO -3, GEO- 4, GEO -5, GEO -6, GEO -7, and GEO -8 as shown on Exhibit B of City of Seal Beach City Council Resolution 4562 certifying the Hellman Ranch Specific Plan Environmental Impact Report on September 22, 1997 (Exhibit 11 of the September 9, 1998 Staff Report) are hereby incorporated by reference as special conditions of this coastal development permit. 9. FUTURE CONSTRUCTION OF HOMES ON THE MESA This coastal development permit does not approve development on the lots created by Vesting Tentative Tract Map No. 15402. A future coastal development permit(s) is required for development, such as site preparation, construction of streets, common walls and landscaping, and construction of the actual homes, etc. on the site. Construction spoils, materials, and equipment shall not be placed in any wetland areas. 10. LEGAL INTEREST. PRIOR TO THE ISSUANCE OF THE COASTAL DEVELOPMENT PERMIT, the applicant shall submit, for the review and approval of the Executive Director, helrad/documents/commission resolution CDP 5 -97 -367 Page 12 written documentation demonstrating that it has the legal ability to carry out all conditions of approval of this permit. i"ON"INAMANOW1 -W 10 belrad/documents/conunission resolution CDP 5 -97 -367 Page 13 MINION NOUN i"ON"INAMANOW1 -W 10 belrad/documents/conunission resolution CDP 5 -97 -367 Page 13 OWNIM, 16-010.16 RIP 1@100110.0 i"ON"INAMANOW1 -W 10 belrad/documents/conunission resolution CDP 5 -97 -367 Page 13 im TA NO oil TA NO oil helrad/documents/comnilssion resolution CDP 5 -97 -367 Page 14 NOW- helrad/documents/comnilssion resolution CDP 5 -97 -367 Page 14 helrad/documents/commission resolution CDP 5 -97 -367 Pale 15 R. MIT helrad/documents/commission resolution CDP 5 -97 -367 Pale 15 helrad/documents/commission resolution CDP 5 -97 -367 Page 16 "W", INOMMON 01W oil poll W-0 W., -, , - helrad/documents/commission resolution CDP 5 -97 -367 Page 16 helrad/documents/commission resolution CDP 5 -97 -367 Page 17 - - - -- - helrad/documents/commission resolution CDP 5 -97 -367 Page 17 a. Zones helrad/documents/commission resolution CDP 5 -97 -367 Page 18 helrad/documents/commission resolution CDP 5 -97 -367 Page 19 helrad/documents/commission resolution CDP 5 -97 -367 Page 20 lolls malm 111w. 4110111 NNOIN helrad/documents/commission resolution CDP 5 -97 -367 Page 20 helrad/documents/commission resolution CDP 5 -97 -367 Page 21 MEN helrad/documents /commission resolution CDP 5 -97 -367 Page 22 helrad/documents /commission resolution CDP 5 -97 -367 Page 22 helrad/documents/commission resolution CDP 5 -97 -367 Page 23 KCLENTSWELRADW GAMOCUMENT EDUNED.W D helrad/documents/commission resolution CDP 5 -97 -367 Page 24 i ' J /r'.':j { '�•.` °B .mom <� �. a y Yom• a! /i ) � �\ � Ati EE ft, o y a— \ ' a • \� \. )" wry, • t7l(�\� _ I \ a ) .\ \\ I�\ \ \ ' •ate �\ � L� � ' y SPECIAL RECOGNITION Jim Deason Graduated in Class #1 from the S.V.P. Academy in 1996. As of this date Jim Deason has surpassed 5000 hours of community service. Jim is a supervisor in the program, and currently is assigned to the Training Division of the Seal Beach Police Department where he assists in developing the training needs of the police personnel, organizing training classes, and researching training topics. Larry Michaels Larry Michaels also graduated from Class #1 in 1996. Larry was one of the first volunteers to be promoted to a supervisory position within the organization. During his tenure with the organization, Larry assisted in developing the supervisory position, as well as being responsible for the development of many of the volunteer patrol procedures and policies in effect today. Larry also spent much of his time at the Police Department Headquarters. There he directed a crew of inmates in the painting of the entire interior of the facility, repair of the walls and ceilings, and removal of outdated equipment, saving the City of Seal Beach untold thousands of dollars in labor. All told, Larry Michaels donated over 5,700 hours to the City of Seal Beach before retiring his position in 2001. le'd , •I zB6 L61,1 Lb9 bvb e e E9 lit z tJq .h SSZR3 - S�R �.S %AV C1 0 2m C z S W i z Se t4 C =• c � v � � 3 P. O cc CLca �sa aeo �a sons the e, must deed the state mbney to restore a swing VVET]A 6+6Y�S P� m developer Robart St wetlands front Newland Yf Pi C.E �G'9'E 4�+' Mayer CM., which than must Sheet to :Aa day's Ana Rwar. deed it hack m the citY, before At , pother s meetuLg in -FROM 1 asked the Officials hum Little Shed over Cotuervarlc9 m Cund the grassy Pawl, - will take to a crocservadc9 said mN Beach Cooneots asked the Crannal Gmcilwoman Corane Board• mnwd of da: O.iaae Pa ?� .� �nC w,,I vote on lands across of ow aces ei wep Ship- and try to ease resrf'Wam on his imhn;cahry Monday'. fends across town at the Shi¢ tAe wetland's planned neigh- „µ a want to make sure tha 10 the, Cent a � on the bor, a HYau Regency resort. nu �o that has espen- Oland cO�ty Tlhe resort. town the mmpin maintaining and )Rd wetlands wish ]sst include the shopswWsPiv$W wetlands: Boardman 1 rrts wet1a031E� which ciryowned wetland near serving ca er the F e an t Beach FMUlevard and Pacific said. ..ems Coast FhghweY, while a Utt1e.5hedactioist .lueY Ra- a or w ds at the Pluu'ad jon.lout buffer Proa'ats the cano said he'd like to s Wetlands the grassy hangout for :ed•wiog Huntington Beach , of the Marblehead develapmatt in blackbirds and other wildlife- Conservancy - smwardP oific San C1emrnle. city officals tarots a cm " Talbert Marsh aloe over the For i,dormahion on the Wetlands thatithepraservedornaldtaa gt'asaYPj inter almnaw + °^q' Aa`a+n'^P - coneervadcy. For Wgd ree- has ub IwLds .. L6PL L8V 696 11311Mvs 3nVO WObA Wtl9O ll LOOZ —PO—Z WETI 701 LOS CERRITOS WETLANDS RESTORATION PROJECT ACQUISITION AREA THOUGH THE VAST MAJORITY OF THE REGION'S WETLANDS ARE GONE, KEY PATCHES REMAIN Over the past century, the Los Cerritos Wetlands site has been used for farming, oil production, landfills, urban and industrial development. In 1961, the San Gabriel River was channelized, cutting off tidal action to much of the wetland area. Now, only about 300 acres of the original 2400 acres wetlands remain, and most of these are isolated from tidal influence and in need of restoration. Los Angeles County has lost over 93 percent of its coastal wetlands. Adistinguished panel of wetlands scientists identified the Los Cerritos Wetlands as one of the top three priorities in coastal Southern California. The Los Cerritos wetlands are among the few remaining wetlands large enough to sustain an ecologically diverse wetland ecosystem. Lena from Ion May, President of the Los Cemtos Wetlands Task Force Lear Friends. Many ofvou remember — as I do —a Time when the esnury of the San Gabriel River was fidly tidal and supported a rich diverse habitat flourishing with wildlife. But by the late 1950's. the dike. drain and fill operations of the oil companies had c v md1 the marsh with toxic drilling muds and oily process sludge. Disposal of dredge spoils from constriction of the Havttes power, Plain Channel smothered the 110 acre marsh on Hellman Ranch. By 1959, only a severeh, degraded 4% of the San Gabriel River Estuary remained. And rrow. Heftnan has been granted foul approval for an 18 hole golf course over the degraded remains of the moenth Intuitions wetlands. Our lawsuit has tempomNy halted this unwise development. We have petitioned the Court to overturn the approval and send the application back to a newly reconstituted and emmunteotalIv oriented Coastal Cemmiaihen. We expect to wm but we need your help. Less than 100 acres remain in Lung Beach of the 2460 historic acres of this tidal wedand. Still, this a the largest wetland and only estuary in Los Angeles County. But 760 aces remain available for restoration[ nearly half in Long Beach (355 acres). Our ne v plan has received respect in initial contacts with various agencies. We believe we can acquire and restore a fidh functioning estuary here but we need vour help. The kev role of tidal marshes with their triple interface 1) between land. au and water. 2) between fresh and salt waters. 3) between alluvial watershed and ocean between riparian and tontine babiam is to support and bid together these diverse and interdependent ecosystems. So it is that we have a vision of the Los Cerritos Wetlands as an active bud1hter protecting water qualit)'. scrubbing out rock contaminants from transported sedurrntts. removing suspended and dissolved solids. trapping out flotsam before it reaches harbor, beaches and ocean. We rernanber walads Conner role in supplying cleat sand to replenish our beaches. We envision interdepends , with the aushed absorbing and removing particulates. We see the function of wetlands a the foodbase and pasture for both upstram and main life, as well as vital fuel stop for migratory birds. We would share our vision of wetlands as the essential nursery to aquatic life. We include out own children amongst those enriched by the educational experience of observing iho web of life up close and personal. Our vision holds these unique Los Cerritos Wetlands as the reposition of the gene pool of our indigenous species The Long Beach area has one of the most diverse biota in the world horsed by the millenia to survive every stress, chnmuc amerce and emiromnental disaster this region has ever experienced. It is axiomatic that a suvauWrle city must protect is genre pool. Though our web of life is threadbare. it is still h awL We rtrust work together to reweave the tapestry of life that is our Cerritos Weiland. Through it is hard to restore the warp of Air arid Water and Lard and Sustairability with the rich weft of life, we must by. If our generation does not meet this challenge, future generations will have neither the opportunity nor the experience. We need you as a dues paying member of the Los Cerritos Wetlands Task Force. Our political muscle is directly proportional to our numbers and how inforrtred you tae. Your $ 10 dues publishes our newsletter and provides for community outreach and communications. Please write your check m Los Cemtos Wetlands Task Force now. We need your time. Our Cinnamon= do the work — research, lobbving, outreach, projects, networking — all need your energy and expertise to make our dreams a reality. Please take lane now to fill an and return the sign -up form. We need susrainem If you have nrore trinity than time, your ax deductible donation of $100 or more, made out to the El Dorado Audubon Los Cerritos Fund will cover the direct cons of those who do the work. Donors will receive a personal tour of the wetlands aboard Le Bateau de Audubon (ran - polluting boat!) or a mnutrrnnrative artwork We need your in deductible contribution to our legal defense fund. Your chock now, made payable to El Dorado Audubon with a memo for LCWTF Legal Fuld will help pay for the legal defense of the Wetlands. A11peopfedream4,nmu dream at night and awake rofrndrheir dremrts have vmtishMxitG the dm Hr. Butothers dream by day; they are the dongem s ono for they would make their dreams reality (George Bernard Shawl. Come, join your dream with ours, together we can rebuild this abused land in is turner productivity. It will take us a while, and a whole lot of work but WE SHALL WIN.[ Don May, 5710 E. 7th SL, Suite 168. Long Beach, CA 90803, (562) 630.1491 On line signup shoot on the web in hitp: //LesCeantos.org/domay.htm 14ands Recovery ! Los cERerros Project The Los Cerritos Wetlands offer an example of what could be the cornerstone or signature project for the coming year for the Wetlands Recovery Project, the State Coastal Conservancy, and the newly formed San Gabriel and Los Angeles Rivers Conservancy. The wetland complex, located in Long Beach at the mouth of the San Gabriel River, has declined from 2400 acres to about 300 acres (see enclosed booklet). These remaining wetlands are held by three different land owners, one or more of whom is currently a willing seller: the Coastal Conservancy has an option agreement with the Bixby Ranch Company to purchase 181 acres. Conservatively, Los Angeles County has lost more than 93 percent of its coastal wetlands: the Los Cerritos Wetlands are among the only three Suable tracts of coastal wetlands remaining that could be restored to provide high quality habitat for a diverse and productive ecosystem. These wetlands could be very significant for enhancing local recreational fisheries. Based on its ecological potential, a group of distinguished wetland scientists identified the area as a top regional priority for the Wetlands Recovery Project. The City of Long Beach is eager to see the wetlands brought into public ownership and restored, the wetlands would serve as an adjunct to the Long Beach Aquarium of the Pacific for informal science eduaation and ecatounsn. These wetlands are the closest to the Cabrillo Aquarium, the California Science Center, and the Los Angeles County Natural Fhstory Museuum, all of which incorporate wetlands into their programs big are limited because of their lack of Proximity to wedands. Local public schools would derive benefits from nearby wetlands for teaching and research, as would colleges and universities (e.g., Cal State L.A. and Cal State Long Beach), just as wetlands at the San Joaquin Marsh and the Carpinteria Salt Marsh enbance educational opportunities at UC -livme and UC -Santa Barbara. The Los Cerritos Wetlands are located in an area of tremendous ethnic diversity, their acquisition and restoration would promote greater mvirormenW justice in terms of equitable access to such places. One reason the City of Long Beach regards this acquisition as so important ui that, in restoring Los Cerritos, port mitigation funds could be invested closer to the place of the ports' environmental impacts. Until now, there have been no willing sellers and the ports have had to go further afield in search of mitigation credits. NEED. Coastal Southern Calif rmia, with population pressures unparalleled anywhere in the nation, has lost 90 percent of its historical wetlands, largely duce to development pressures which are expected to increase over the next 25 years. The region has been described as me of the world's "hot spots" by noted biologist E.O. Wilson, duce the extraordinary diversity of species found here whose continued existence is threatened by habitat loss and this was reiterated in a recent study in the prestigioursjoumal, Nature. Over half of the region's threatened and endangered species depend on wetlands. Southern California is as important ecologically and economically as coasW Louisiana, South Florida, or the Chesapeake Bay— regions whose wetlands have to date received far more money and attention. The Los Cerritos Wetlands are in the heart of the Los Angeles Basin and could be a showcase for the City of Long Beach and the region An alliance to acquire. restore and expand wetlands along the mast and in coastal watersheds. t ; OF a PUBLIC UTILITIES COMMISSION S VAN NEW AVENUE &W FRANCISCO. CA B11.. . January 31, 2001 Ronald K. Moore Senior Regulatory Analyst, Regulatory Affairs Southern California Water Company 630 East Foothill Blvd. SAN DIMAS, CA 91773 Dear Mr. Moore: N S G I GRAY DAVIS, Govemor ry File No. 602 -19 The Commission has received and filed the utility's Advice Letter No. 1089 -W, together with the following revised Cal. P.U.C. Tariff Sheets, that were submitted for processing: Cal. P.U.0 Sheet No. Title of Sheet 4425 -W Rule No. 16, Service Connections, Meters, and Customer's Facilities (continued), page 5 4426 -W Rule No. 16, Service Connections, Meters, and Customer's Facilities (continued) page 6 4427 -W Rule No. 16, Service Connections, Meters, and Customer's Facilities (continued) page 7 4428 -W Table of Contents, page 4 of 4 4429 -W Table of Contents, page 1 of 4 We are returning a copy of the advice letter and tariff sheets, with the filing and effective dates shown, for the utility's files. Very truly yours, e�x✓ J -R.- BABARAN am Technician M Water Advisory Branch Enclosures RECEIVED FEB 0 5 2001 REGULATORY AFFAIRS Jtia`o SOUTHERN CALIFORNIA WATER COMPANY a ./� A 511651DInRY OF AMERIGW STATES Wi1TFA COMPNJY k� COtAQ�� 630 EAST FOOTHILL BLVD. • SAN DIMAS, CALIFORNIA 91n3 • (909) 3943600 • FAX (909) 394 -0711 January 3, 2001 "CONFORMED COPY" Advice Letter No. 1089 -W (U 133 W) California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 Gentlemen: Southern California Water Company (SCWC) hereby transmits one original and four conformed copies of the following tariff sheets: Canceling CPUC Sheet No. Title of Sheet CPUC Sheet No. Revised No. 4425 -W Rule No. 16 Revised No. 4353 -W Service Connections, Meters and Customer's Facilities (Continued) Page 5 Revised No. 4426 -W Rule No. 16 Revised No. 4349 -W Service Connections, Meters and Customer's Facilities (Continued) Page 6 Revised No. 4427 -W Rule No. 16 Revised No. 4354 -W Service Connections, Meters and Customer's Facilities (Continued) Page 7 Revised No. 4428 -W Table of Contents Revised No. 4355 -W Page 4 of 4 Revised No. 4429 -W Table of Contents Revised No. 4410 -W Page 1 of 4 These tariffs are being submitted to reverse the Rule No. 16 amendments made in Advice Letters 1079 -W and 1080 -W, in which SCWC sought Commission authority to amend its Tariff Rule No. 16 to require enhanced backflow protection on its commercial, industrial, and institutional water services. SCWC's Advice Letters 1079 -W (effective July 4, 2000) and 1080 -W (effective August 28, 2000) sought Commission approval to amend its Rule No. 16 to require enhanced backflow protection on its commercial, industrial, and institutional water services. However, due to the formal complaint (C.00-06 -12, filed June 7, 2000) against SCWC, Commission staff has requested that SCWC revert to the original language in its Rule No. 16. No individuals or utilities have requested notification of filing of tariffs. Distribution of this advice letter is being made to the attached service list in accordance with General Order No. 96-A, Section III-G. As mentioned above, there is a formal complaint (C.00 -06 -002) filed with the California Public Utilities Commission in which the context of this advice letter is now the subject. There has been no ruling in this matter, the case is still pending. A protest is a document objecting to the granting in whole or in part of the authority sought in this advice letter. A response is a document that does not object to the authority sought, but nevertheless presents information that the party tendering the response believes would be useful to the Commission in acting on the request. A protest must be mailed within 20 days. It must state the facts constituting the grounds for the protest, the effect that approval of the advice letter might have on the protestant, and the reasons that protestant believes the advice letter, or a part of it, is not justified. If the protest requests an evidentiary hearing, the protest must state the facts the protestant would present at an evidentiary hearing to support its request for whole or partial denial of the application. All protests or responses to this filing should be sent to: California Public Utilities Commission, Water Division 505 Van Ness Avenue San Francisco, CA 94102 Fax: (415) 703-4426 E -Mail: water_ division@cpuc.ca.gov A copy should also be mailed to Southern California Water Company, Attn: Ronald K. Moore, 630 East Foothill Blvd, San Dimas, California 91773, Fax 909 -394 -7427 or E -mail rkmoore0scwater.com. Please refer to Southern California Water Company's Advice Letter1089 -W. If you have not received a reply to your protest within 10 business days, contact this person at 909- 394 -3600 ext 682. No individuals or utilities have requested notification of filing of tariffs. Distribution of this advice letter is being made to the attached service list in accordance with General order No 96 -A. Section III -G. Moore Analyst, Regulatory Affairs c: Fred L. Curry, Chief CPUC - Small Water Utilities John A. Yager, Chief CPUC - Large Water Utilities Daniel R. Paige CPUC - L.A. SOUTHERN CALIFORNIA WATER COMPANY Revised Cal. P.U.C. Sheet No. 4425 -W 630 E. FOOTHILL BLVD. P. O. BOX 9016 SAN DIMAS, CALIFORNIA 91773 -9016 Canceling Revised Cal. P.U.C. Sheet No. 4353 -W Page 6 Rule No. 16 SERVICE CONNECTIONS METERS AND CUSTOMER'S FACILITIES (Continued) Cross-Connections (Continued) b. Where salt water, or water otherwise contaminated, is available for Industrial or fire protection purposes at the some premises. C. Where the premises are or may be engaged In industrial processing using or producing process waters or liquid Industrial wastes, or where the premises are or may be engaged In handling sewage or any other dangerous substances. d. Where fresh water hydrants a other outlets are or may be Installed on piers or clocks. e. Where the circumstances are such that there is special clanger of bockfiow of sewage or other contaminated liquids through plumbing fixtures a water -using or treating equipment, or storage tanks and reservoirs. f. Premises that have Internal cross-connections that are not abated to the satisfaction of the utility or the health agency. g, Premises where cross- connections are likely to occur and entry Is restricted so that cross-connection Inspections cannot be made with sufficient frequency or at sufficiently short notice to assure that cross - connections do not exist. h. Premises having a repeated history of cross-connections being established or reestablished. Type and Expense of Backflbw Preventers (D) Any backfiow preventer utilized shall be of the type and design specified and approved for the circumstances In Section 7604, Title 17 of the California Code of Regulations, except (C) that a customer may utilize an approved backfiow preventer providing greater protection than required by Section 7604. Such backfiow, preventers shall be installed by and at the expense of the customer, In a manner approved by the utility and the public health agency having jurisdiction. Backflow preventers shall be Installed as close as practical to the customer's connection to the utility and in a location which Is readily available for periodic Inspection. Backfiow preventers shall be tested, repaired or replaced at the expense of the customer. (Continued) ISSUED By Date Flied JAN - 3 2001 Advice letter No. 1089 -W F. E. WICKS Effective Date FEB - 5 2001 Decision No. President Resolutbn No. SOUTHERN CALIFORNIA WATER COMPANY dev sed Cal. P.U.C. Sheet No. 4426 -W 630 E. FOOTHILL BLVD, P. O. BOX 9016 SAN DIMAS, CAUFORNIA 91773 -9016 Canceling Revised Cal. P.U.C. Sheet No. 4349 -W Page 6 Rule No. 16 6i�[� /[•I� • • '��UZ•llb'SL•PIq[769�5 I C. 4. Periodic Testing of Backflow Preventers Whenever a bockflow preventer is Installed. relocated, or repaired the customer shall have It (C) tested by persons who have demonstrated their competency in testing of these pre venters to the utility or health agency. Backflow preventers shall be tested at least annually or more frequently If determined to be necessary by the health agency of uflllty. The utility shall notify the customer when testing of backfow preventers is needed. The notice shall give the date when the test must be completed. Reports of testing and maintenance shall be maintained by the utility for a minimum of three years. (C) 6. Refusal to Serve or Dlsconflnuance of Service The utlllty may refuse a discontinue service: a. Until there has been Installed on the customer's piping an approved backtow preventer of the required type. If one Is required. b. Where the utility has been denied access to the customer's premises to make an evaluation. C. Where the customer refuses to test a bockflow preventer, or to repair or replace a faulty bockflow preventer. d. Where there Is a direct or Indirect connection between the public water system and a sewer line. e. Where there Is on unprotected direct or Indirect connection between the public water system and a system or equipment containing contaminants. f. Where there Is an unprotected direct or Indirect connection between the public water system and auxiliary water system. g. When there Is a situation which presents an Immediate health hazard to the public water system. Advice Letter No. 1089 -W Decision No. (Continued) ISSUED BY Date Filed DAN _ 3 LWi F. E. WICKS Effective Date FEB - 5 2001 President Resolution SOUTHERN CALIFORNIA WATER COMPANY R vi Cal. P.U.C. Sheet No. 4427 -W 630 E. FOOTHILL BLVD. P. O. BOX 9016 SAN DIMAS, CALIFORNIA 91773 -9016 Canceling R vi Cal. P.U.C. Sheet No, 4354 -W Page 7 C. 6. Pumps and Boosters When a customer receiving service at the utility's main or service connection must, by means of a pump of any kind, Increase the pressure of fine water received, the pump shall not be attached to any pipe directly connected to the utility's main or service pipe. Such pumping or boosting of pressure shall be done, at the option of the utility, either. a. From a sump, cistern or storage tank which must be served through an air gap connection, or b. From a combination of an approved backfiow preventer plus a device approved by the water utility to prevent the booster pump from drawing the utility's system pressure below 20 psi. This requirement shall not apply to American Water Works Association (AA WA) (C) Class 2 Fire Protection systems, except as provided for In the Information Bulletin Issued by the Office of State Fire Marshall on December 10, 1984. AW WA Gass 2 fire protection systems have direct connections from public water mains only; no pumps tanks or reservoirs, except that booster pumps may be Installed In the connections from the street mains to the fire protection systems; no physical connection from other water supplies; no antifreeze or other additives of any kind; all sprinkler drains discharging to atmosphere, dry well, or other safe outlets. (C) Advice Letter No. 1089 -W F. E. WICKS Effective L Decision No. President Resolution I: r - SOUTHERN CALIFORNIA WATER COMPANY Revised Cal. P.U.C. Sheet No. 4428 -W I 630 E. FOOTHILL BLVD. P.O. BOX 9016 SAN DIMAS, CALIFORNIA 91773 -9016 Canceling Revised Cal. P.U.C. Sheet No. 4355 -W Rules: (Continued) No. 14.1 Arden - Cordova Conservation Plan No. 15 Main Extensions Page 4 of 4 "CONFORMED COPY" 4157 -W, 4158 -W, 4159 -W, 4160 -W 4161 -W, 4162 -W, 4163 -W, 4164 -W 3437 -W, 3438 -W, 3439 -W, 3440 -W, 3441 -W 3442 -W, 3443 -W, 3444 -W, 3445 -W 3446 -W, 3447 -W, 3448 -W No. 16 Service Connections, meters 1380 -W No. 2 and Customer's Facilities 3450- W,3451 -W,- 3452 -W No. 3 3453 -W, 4425 -W, 4426 -W, 4427 -W (C) No. 17 Standards for Measurements of Service 2564 -W No. 18 Meter Tests 2244 -W No. 8 and Adjustment of Bills for Meter Error 804 -W, 805-W, 806 -W No. 19 Service to Separate Premises and Multiple Units, 1505 -W No. 14 and Resale of Water 2959 -W, 2960 -W No. 20 Water Conservation 1772 -W Sample Forms No. 1 Application for Water Service 1380 -W No. 2 Customers Deposit Receipt 2840 -W No. 3 Bill For Service 4270 -W, 4271 -W, 4272 -W, 4273 -W, 4297 -W, 4298 -W No. 4 Delinquent Notice 2845 -W, 2846 -W, 2847 -W No. 6 Notice of Termination 2244 -W No. 8 Reminder Notice 1504 -W, 2187 -W No. 9 Disconnection Notice 1505 -W No. 14 Uniform Fire Hydrant Service Agreement 2449 -W, 2450 -W, 2451 -W, 2452 -W No. 15 Main Extension Contract - Individuals 3932 -W No. 16 Main Extension Contract 3933 -W, 3934 -W, 3935 -W No. 17 Income Tax Component of Contribution Agreement 3936 -W, 3937 -W No. 18 Waste of Water Notice 3395 -W ISSUED BY Date Filed JMF Advice Letter No. 1089 -W F. E. WICKS Effective Date FEB - 22001 Decision No. President Resolution . SOUTHERN CALIFORNIA WATER COMPANY Revised Cal. P.U.C. Sheet No. 4429 -W 630 E. FOOTHILL BLVD. P.O. BOX 9016 SAN DIMAS, CALIFORNIA 91773 -9016 Canceling Revised Cal. P.U.C. Sheet No. 4410 -W TABLE OF CONTENTS Page 1 of 4 The following tariff sheets contain all effective rates and rules affecting rates and service of the utility, together with information relating thereto: Subject Matter of Sheet Title Page Table of Contents Preliminary Statements Tariff Area Maps: All Tariff Areas Arden - Cordova Barstow Bay Calipatria- Niland Cleadake Desert Morongo Valley Victorville Los Osos Edna Road Los Osos Metropolitan Artesia - Norwalk Bell - Florence Culver City Gardena East Southwest Ojai Orange County Boise Chica Cowan Heights Cypress -Los Alamitos- Stanton Placentia -Yorba Linda Pomona Valley (now Claremont) San Dimas San Gabriel Valley Santa Maria Lake Marie - Orcuft- Sisquoc- Tanglewood Nipomo Simi Valley Wrightwood Advice Letter No. 1089 -W Decision No. Sheet No. L'i-'ZfGrV 4429 -W, 4409 -W, 4422 -W, 4428 -W (T) 3251 -W, 1372 -W, 3140 -W, 3141 -W, 3142 -W (Continued) ISSUED BY F. E. WICKS President 1078 -W 4156 -W 2728 -W 2963 -W 4151 -W 3473 -W 2733 -W 2881 -W 2736 -W 3694 -W 2738 -W 2739 -W 3693 -W 2741 -W, 2344 -W 4381 -W 3384 -W 2703 -W 2967 -W 2705 -W 3158 -W 2707 -W 3956 -W 3957 -W 2743 -W 2710 -W Date Filed Effective Date E� 8 — 220 Resolution No. SOUTHERN CALIFORNIA WATER COMPANY SERVICE LIST ARDEN- CORDOVA DISTRICT Arcade Water District 3701 Marconi Avenue P. O. Box 214009 Sacramento, CA 95821 Carmichael Water District 7220 Fair Oaks Blvd., Suite C Carmichael, CA 95608 - 6400 Fairoaks Water District 10317 Fairoaks Blvd. Fairoaks, CA 95628 County Counsel County of Sacramento 827 7th Street Room 301 Sacramento, CA 95814 County of Sacramento 720 9th Street Sacramento, CA 95814 Citrus Heights Irrigation District 6230 Sylvan Road Citrus Heights, CA 95610 Citizens Utilities Company of California 4701 Beloit Drive Sacramento, CA 95838 Orange Vale Water Co. P. O. Box 620195 9031 Central Avenue OrangeVale, CA 95662 City of Folsom 50 Natoma Street Folsom, CA 95630 County Clerk County of Sacramento 720 9th Street Sacramento, CA 95814 Herschel T. Elkins, Asst. Attorney General Mr. C. Ronald Hicks, Manager State of California Regents of the Univ. of CA 300 South Spring Street Facilities, Design, Construc and Mgnt Los Angeles, CA 90013 300 Lakeside Drive, Room 1251 Oakland, California 94612 California Dept. of General Services Office of Buildings and Grounds 1304 "O" Street, Suite 300 Sacramento, CA 95814 SOUTHERN CALIFORNIA WATER COMPANY DISTRIBUTION LIST BARSTOW DISTRICT Yenno Water Company Daggett Community Service 2090 US Highway 111 P. O. Box 308 El Centro, CA 92243 -9731 Daggett, CA 92327 (619) 254 -2415 Barlen Mutual Water P.O. Box 77 Barstow, CA 92311 (619) 253 -2390 City Attorney City of Barstow 222 East Mountain View St. Barstow, CA 92311 Southwest Division (Code 163) Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92132 -5190 Southwest Division (Code 0214) Naval Facilities Engineering Command 1220 Pacific Highway San Diego, CA 92132 -5190 Mr. C. Ronald Hicks, Manager Regents of the Univ. of CA Facilities, Design, Construc and Mgmt 300 Lakeside Drive, Room 1251 Oakland, California 94612 City Clerk City of Barstow 222 E. Mountain View St., Suite A Barstow, CA 92311 County Counsel County of San Bernardino 385 N. Arrowhead Ave., 4th Floor San Bernardino, CA 92415 -0140 Commanding Officer (Code 1311) Western Division, Naval Facilities Engineering Command P. O. Box 727 San Bruno, CA 94066 Herschel T. Elkins, Asst. Attorney General State of California 300 South Spring Street Los Angeles, CA 90013 California Dept. of General Services Office of Buildings and Grounds 1304 "O" Street, Suite 300 Sacramento, CA 95814 SOUTHERN CALIFORNIA WATER COMPANY DISTRIBUTION LIST BAY POINT DISTRICT City of Brentwood City of Antioch 708 Third Street P. O. Box 5007 Brentwood, CA 94513 Antioch, CA 94531 Diablo Water District Contra Costa Water District P. O. Box 127 P. O. BOX H2 O Raley's Shopping Center, 2107 Main St. Concord, CA 94520 Oakley, CA 94561 -0127 Office of Buildings and Grounds East Bay Municipal Utilities District City of Martinez 2127 Adeline St. 525 Henrietta Avenue Oakland, CA 94623 Martinez, CA 94553 West Pittsburg Project Area Contra Costa County Water Agency Go Contra Costa County 651 Pine Street Redevelopment Agency 4th Floor Northwing 651 Pine St., 4th Fir, N.Wing Martinez, CA 94553 Martinez, CA 94553 Bay Point Municipal Advisory Council Mr. C. Ronald Hicks, Manager C/O Cal Cities Water Company Regents of University of California 53 -B Manor Drive and Management Bay Point, CA 94565 Facilities, Design, Construction Chuck Gibson, Chairperson 300 Lakeside Drive, Room 1251 Oakland, California 94612 County Counsel and County Clerk Herschel T. Elkins, County of Contra Costa Asst. Attorney General P.O. Box 69 State of California Martinez, CA 94553 300 South Spring Street Los Angeles, CA 90013 California Department of General Services Office of Buildings and Grounds 1304 "0" Street, Suite 300 Sacramento, CA 95814 SOUTHERN CALIFORNIA WATER COMPANY SERVICE LIST CALIPATRIA- NILAND DISTRICT City of Brawley Water Co. Seeley County Water District 400 Main Street P.O. Box 161 Brawley, CA 92227 Niland, CA 92257 City of Calexico Water Co. Coachella Water District 608 Heber Avenue P. O. BOX 1058 Calexico, CA 92231 Coachella, CA 92236 City of El Centro Water Cc Herber Public Utility District P. O. BOX 2328 P. O. BOX H El Centro, CA 92244 Heber, CA 92249 City of Holtville Water Co City of Imperial - Water Department 121 W. Fifth Street 420 S. Imperial Avenue Holtville, CA 92250 Imperial, CA 92251 City Council & City Attorney Chamber President City of Calipatria Niland Chamber of Commerce P.O. Box 167 P. O. Box 97 Calipatria, CA 92233 Niland, CA 92257 California Department of Corrections Westmoreland Water Company Attn: George Wood P.O. Box 698 P. O. Box 5001 Westmoreland, CA 92281 Calipatria, CA 92233 Local Agency Formation Commission Mr. C. Ronald Hicks, Manager Imperial Co. Planning Department Regents of the Univ of California 939 Main Street Facilities, Design, Construction and El Centro, CA 92243 Management Attn: Mr. Jurg Heuberger 300 Lakeside Drive, Room 1251 Oakland, CA 94610 California Dept. of General Herschel T. Elkins Services Asst. Attorney General Office of Buildings and Grounds STATE OF CALIFORNIA 1304 "O" Street, Suite 300 300 South Spring Street Sacramento, CA 95814 Los Angeles, CA 90013 Imperial County Board of Supervisors Attn: Tom Veysey, Chairman County Admin. Center, 940 Main St, #212 El Centro, CA 92243 -2871 SOUTHERN CALIFORNIA WATER COMPANY SERVIQE LI T CLAREMONT (POMONA VALLEY) DISTRICT City of Pomona Water Department City of Upland Water Dept. 505 S. Garey Avenue 460 N. Euclid Pomona, CA 91766 Upland, CA 91786 City of La Verne Water Department Monte Vista Water Dist. 3660 "D" St. City of Montclair La Verne, Ca 91750 10575 Central San Bernardino, CA 92415 -0240 Montclair, CA 91763 City Attorney /City Clerk County Counsel City of Montclair County of San Bernardino 5111 Benito Avenue 385 N. Arrowhead Ave. Montclair, California 91763 4th Floor Los Angeles, California San Bernardino, CA 92415 County Clerk County Counsel County of San Bernardino County of Los Angeles 351 N. Arrowhead Avenue 500 West Temple Street San Bernardino, CA 92415 -0240 5th Floor Los Angeles, California County Clerk City Attorney /City Clerk County of Los Angeles City of Claremont 500 West Temple Street P. O. Box 880 Los Angeles, California Claremont, California 91711 City Attomey /City Clerk California Department of City of Pomona General Services 505 S. Garay Avenue Office of Buildings and Grounds Pomona, California 91766 1304 "O" Street, Suite 300 Sacramento, CA 95814 Herschel T. Elkins, Mr. C. Ronald Hicks, Manager Asst. Attorney General Regents of University of California State of California and Management 300 South Spring Street Facilities, Design, Construction Los Angeles, CA 90013 300 Lakeside Drive, Room 1251 Oakland, California 94612 SOUTHERN CALIFORNIA WATER COMPANY ISTRIBUTION LIST CLEARLAKE DISTRICT Highlands Mutual Water Company Konocti County Water District P.O. BOX 1090 P. O. BOX 997 Cleadake, CA 95422 Clearlake, CA 95424 Lower Lake County Water District P. O. BOX 263 Lower Lake, CA 95457 City Attorney and City Clerk CITY OF CLEARLAKE P. O. Box 2440 Cleadake, CA 95422 Mr. C. Ronald Hicks, Manager Regents of the Univ of California Facilities, Design, Construction and Management 300 Lakeside Drive, Room 1251 Oakland, CA 94610 California Dept of General Services Office of Buildings and Grounds 1304 "0" Street, Suite 300 Sacramento, CA 95814 Local Agency Formation Commission 255 North Forbes Street Lakeport, CA 95453 Herschel T. Elkins Asst. Attorney General STATE OF CALIFORNIA 300 South Spring Street Los Angeles, CA 90013 SOUTHERN CALIFORNIA WATER COMPANY Apple Valley Ranchos Water Co. 21760 Ottawa Rd. P.O. Box 7005 Apple Valley, CA 92308 Apple Valley County Water District P. O. Box 429 Apple Valley, CA 92307 (619) 240 -7500 CA Dept Forestry Headquarters 3800 Sierra Way San Bernardino, CA 92405 DISTRIBUTION LIST DESERT DISTRICT Rancheritos Water Co. P.O. Box 348 Apple Valley, CA 92307 (619) 247 -3730 Calif. Dept. Forestry Airway Ave. Yucca Valley, CA 92284 High Desert Water District 6955 Old Woman Springs Road P.O. Box 1210 Yucca Valley, CA 92286 -1210 Morongo Valley Community Service District Navajo Mutual Water Company P. O. Box 46 P. O. Box 392 Morongo Valley CA 92256 Apple Valley, CA 92307 -392 County of San Bernardino Water and Sanitation Area Special Districts Department 12402 Industrial Boulevard Building D, Suite 6 Victorville, CA 92392 Juniper Riveda CWD P. O. Box 386 Apple Valley, CA 92307 (619) 247 -9818 Twentynine Palms Water Dist. P.O. Box 1735 72401 Hatch Rd. Twentynine Palms, CA 92277 (619) 367 -7546 City of Hesperia Water Dept. 15776 Main Street Hesperia, CA 92345 (619) 947 -1840 Park Water Company 9750 Washburn Road Downey, CA 90241 Desert View County Agencies P.O. Drawer 3407 Landers, CA 92285 (619) 364 -3626 Joshua Basin Water District P. O. Box 675 Joshua Tree, CA 92252 (619) 366 -8438 Apple Valley Heights CWD 9614 S. Bella Vista Apple Valley, CA 92308 (619) 247 -7330 Victor Valley Water District 17185 Yuma Victorville, CA 92392 Mariana Ranchos 9473 Manzanita Street Apple Valley, CA 92308 SOUTHERN CALIFORNIA WATER COMPANY LAFCO 175 West 5th Street, 2nd Floor San Bernardino, CA 92415 -0450 County Clerk County of San Bernardino 351 N. Arrowhead Avenue 5nd Floor San Bernardino, CA 92415 -0240 California Department of General Services Office of Buildings and Grounds 1304 "O" Street, Suite 300 Sacramento, CA 95814 Herschel T. Elkins Asst. Attorney General STATE OF CALIFORNIA 300 South Spring Street Los Angeles, CA 90013 DISTRIBUTION LIST (619) 247 -7288 Spring Valley Lake Water P. O. Box 7001 Victorville, CA 92307 County Counsel County of San Bernardino 385 N. Arrowhead Avenue 4th Floor San Bernardino, CA 92415 -0140 Mr. C. Ronald Hicks, Manager Regents of University of California Facilities, Design, Construction and Management 300 Lakeside Drive, Room 1251 Oakland, CA 94612 SOUTHERN CALIFORNIA WATER COMPANY DISTRIBUTION LIU LOS OSOS DISTRICT Arroyo Grande Municipal Water Dept. P.O. Box 550 Arroyo Grande, CA 93420 (805) 489 -1303 Bay Wood Park CSA9A Water 953 El Morro Ave. Los Osos, CA 93402 (805) 528 -1455 Morro Bay City Water (City Hall) 595 Harbor Blvd. Morro Bay, CA 93442 (805) 772 -1214 S & T Mutual Water Co. P.O. Box 6391 Los Osos, CA 93412 County Counsel County of San Luis Obispo Room 386 County Government Center San Luis Obispo, CA 93408 Los Osos CSD 2122 - 9'" Street Los Osos, CA 93402 Attn: Bruce Buel California Dept of General Services Office of Buildings and Grounds 1304 "O" Street, Suite 300 Sacramento, CA 95814 Avila Beach County Water 192 San Miguel Avila Beach, CA 93424 Cambria Community Services District 2284 Center St. P.O. Box 65 Cambria, CA 93428 City of Pismo Beach 760 Mattie Road Pismo Beach, CA 93449 -2000 (805) 773 -4655 San Luis Obispo City Water 955 Morro St. San Luis Obispo, CA 93403 (805) 549 -7132 LAFCO County Admin. Office #370 County Government Center San Luis Obispo, CA 93482 Mr. C. Ronald Hicks, Manager Regents of Univ of California Facilities, Design, Construction and Management 300 Lakeside Drive, Room 1251 Oakland, California 94612 Herschel T. Elkins, Asst. Attorney General State of California 300 South Spring Street SOUTHERN CALIFORNIA WATER COMPANY DISTRIBUTION LIST METROPOLITAN DISTRICT City of Bellflower City of South Gate City of Paramount Water Department Water Department Water Department 16600 Civic Center Drive 8650 California Street 16420 Colorado Street Bellflower, CA 90706 Southgate, CA 90280 Paramount, CA 90723 City of Cerritos Water Department City of Vernon Water Department City of Long Beach P.O. Box 3130 4305 Santa Fe Avenue Water Department 1800 E. Wardlow Rd. Cerritos, California 90703 Vernon, California 90758 Long Beach, CA 908074994 City of Downey County Water Company City of Norwalk Water Department 8348 East 2nd Street 11829163rd Street Norwalk, California 90650 Water Department Downey, California 90241 12700 Norwalk Blvd. Norwalk, CA 90650 City of Torrance 3031 Torrance Blvd. City of Inglewood One Manchester Blvd City of Huntington Park Torrance, CA 90503 Inglewood, CA 90301 Water Department 6550 Miles Street Huntington Park, CA 90255 City of Hawthorne City of Lakewood Water Department County of LA Waterworks Dist. 4455 W. 128th Street 5812 Arbor Road 23533 West Civic Center Way Malibu, CA 90265 Hawthorne, CA 90250 Lakewood, California 90714 Attn: Mark Carney Dominguez Water Corp. P. O. Box 9351 Orchard Dale County Calif. Water Service Co. Lore Beach, CA 90810 Water District 13819 East Telegraph Road 412 S. Pacific Coast Highway Redondo Beach, CA 902774996 Whittier, CA 90604 City of Compton P.O. Box 5118 Mr. Richard A. West, Rates Mgr. City of Los Angeles Compton, CA 90224 City of El Segundo 350 Main Street Dept. of Water & Power 111 N. Hope Street, Room 1458 El Segundo, CA 90245 Los Angeles, CA 90012 Robert Kelley, Revenue Requirements San Gabriel Valley Water Suburban Water Company Pico County Water District 11142 Garvey Ave. 1211 E. Center Court Drive P. O. Box 758 Pico Rivera, CA 90660-0758 El Monte, CA 91733 Covina, CA 91722,5105 City of Santa Fe Springs Tract 180 Mutual Water Co. Park Water Company Water Department 4644 E. Florence Ave. P. O. Box 7002 11736 East Telegraph Rd. Santa Fe Springs, CA 9W70 Cudahy, California 90201 Downey, CA 90241 -7002 Maywood Mutual Water No.1 Maywood Mutual Water No.2 Maywood Mutual Water No.3 5953 Gifford Street Huntington Park, CA 90255 3521 E. Slauson Street Maywood, CA 90270 6155 Heliotrope Street Maywood, CA 90270 SOUTHERN CALIFORNIA WATER COMPANY DISTRIBUTION LIST METROPOLITAN DISTRICT To the City Attorney and City Clerk of. City of Artesia 18747 Clarksdale Avenue City of Bell 6330 Pine Ave. City of Bell Gardens Artesia, CA 90701 Bell, CA 90201 7100 S. Garfield Ave. Bell Gardens, CA 90201 City of Carson 701 East Carson Street City of Cerritos P.O. Box 3130 Cary of Compton Comm, CA 90745 Cerritos, CA 90703 205 South Willowbrook Avenue Compton, CA D022o City of Cudahy 5250 Santa Ana City of Culver City 9779 Culver Blvd. City of Downey Cudahy, CA 90201 Culver City, CA 90230 P. O. Box 130 Downey, CA 90241 City of El Segundo 350 Main Street City of Gardena City of Hawaiian Gardens EI Segundo, CA 90245 1700 West 162nd Street Gardena, CA 90247 21815 Pioneer Blvd. Hawaiian Gardens, CA 90716 City of Hawthorne 4460 West 126th St. City of Huntington Park 6550 Miles Ave. City of Inglewood Hawthorne, CA 90250 Huntington Park, CA 90255 105 East Queen St. Inglewood, CA 90301 City of Lakewood 5050 No. Clark Ave. City of Lawndale 14717 Burin Ave. City of Le Mirada Lakewood, CA 90714 Lawndale, CA 90260 13700 La Mirada Blvd. La Mirada, CA 90638 Shelba Powell, City Clerk City of Long Beach City of Los Alamitos 3191 Katella City of Norwalk 333 West Ocean Blvd. Los Alamitos, CA 90720 12700 Norwalk Blvd. Norwalk, CA 90650 Long Beach, CA 90802 City of Paramount 16420 So. Colorado Ave. City of Santa Fe Springs 11710 East Telegraph Rd. City of South Gate Paramount, CA 90723 Santa Fe Springs, CA 90670 8850 California Ave. South Gate, CA 90280 To the County Clerk County of Los Angeles County of Orange 12400 Imperial Hwy 700 Civic Center Drive West Norwalk, CA 90650 Santa Ana, CA 92702 Mr. Herschel T. Elkins Asst. Attorney General Mr. C. Ronald Kicks Regents of the Univ. of CA California Dept. of General Services State of California Facilities, Design, Construction Office of Buildings and Grounds 1304'0' Street, Suite 3D0 300 South Spring Street Los Angeles, CA 90013 and Management 300 Lakeside Drive, Room 1251 Sacramento, CA 95814 Oakland, CA 94612 SOUTHERN CALIFORNIA WATER COMPANY DISTRIBUTION LIST OJAI DISTRICT Casitas Municipal Water District Meiners Oaks Water District P. O. Box 37 202 W. El Roblar 1055 Ventura Ave. Ojai, CA 93023 Oak View, CA 93022 Ventura River County Water District 409 Old Baldwin Rd. Ojai, CA 93023 City Clerk City of Ojai P. 0. Box 1570 Ojai, CA 93024 County Counsel County of Ventura 800 South Victoria Ventura, CA 93009 Jack O'Connell State Senator, W District State Capitol, Room 2187 Sacramento, CA 95814 Herschel T. Elkins Assistant Attorney General STATE OF CALIFORNIA 300 South Spring Street Los Angeles, CA 90013 California Dept of General Services Office of Buildings and Grounds 1304 "0" Street, Suite 300 Sacramento, CA 95814 City Attorney City of Ojai P.O. Box 7209 Ventura, CA 93006 County Clerk County of Ventura 501 Poli Street Ventura, CA 93001 Andy Belknap, City Manager City of Ojai P. O. Box 1570 Ojai, CA 93024 Hannah -Beth Jackson, Assembly CALIFORNIA STATE SENATE State Capitol, Room 2187 Sacramento, CA 95814 Mr. C. Ronald Hicks, Manager Regents of University of California Facilities, Design, Construction and Management 300 Lakeside Drive, Room 1251 Oakland, CA 94612 SOUTHERN CALIFORNIA WATER COMPANY City of Anaheim Public Utilities Dept. 201 So. Anaheim Blvd. Anaheim, CA 92805 Brea Water Department City of Brea #1 Civic Center Drive Brea, CA 92621 City of Anaheim P.O. Box 3222 Anaheim, CA 92803 City of Buena Park 6650 Beach Boulevard Buena Park, CA 90620 City of Garden Grove 13802 Newhope Street Garden Grove, CA 92643 City of La Palma 7822 Walker Street La Palma, CA 90623 City of Orange Water Dept. 189 South Water Orange, CA 92866 City of Seal Beach 211 Eight Street Seal Beach, CA 90740 SERVICE LIST ORANGE COUNTY DISTRICT City of Tustin Water 300 Centennial Way Tustin, CA 92680 Fullerton Water Department City of Fullerton Water 303 W. Commonwealth Avenue Fullerton, CA 92631 East Orange County Water 185 N. McPherson Road Orange, CA 92669 City of Westminster 8200 Westminster Boulevard Westminster, CA 92683 Serrano Water Dist. Villa Park 18021 East Lincoln Villa Park, CA 92667 Yorba Linda Water District 4622 Plumose Avenue Yorba Linda, CA 92686 City of Santa Ana Water 20 Civic Center Plaza Santa Ana, CA 92702 SOUTHERN CALIFORNIA WATER COMPANY SERVICE LIST ORANGE COUNTY DISTRICT City Attorney and City Clerk of: City of Cypress 5275 Orange Cypress, CA 90630 City of La Palma 7822 Walker La Palma, CA 90680 City of Los Alamitos 3191 Katella Avenue Los Alamitos, CA 90720 City of Orange 300 E. Chapman Avenue Orange, CA 92666 To the County Counsel and to the County Clerk of: County of Orange 10 Civic Center Plaza Santa Ana, CA 92702 California Department of General Services Office of Buildings and Grounds 1304 "O" Street, Suite 300 Sacramento, CA 95814 Mr. C. Ronald Hicks, Manager Regents of the Univ. of CA Facilities, Design, Construction and Management 300 Lakeside Drive, Room 1251 Oakland, CA 94612 City of Placentia 401 East Chapman Avenue Placentia, CA 92670 City of Seal Beach 211 8th Street Seal Beach, CA 90740 City of Stanton 7800 Katella Avenue Stanton, CA 90680 City of Yorba Linda 4845 Casa Loma Avenue Yorba Linda, CA 92686 County of Los Angeles 500 West Temple Los Angeles, CA 90052 Herschel T. Elkins, Asst. Attorney General State of California 300 South Spring Street Los Angeles, CA 90013 Feburary 26, 2001 City of Seal Beach 211 Eighth St. Seal Beach, CA 90740 (562) 431-2527 RE: Hellman Ranch Development Agreement Amendment 01 -1 Mayor Campbell and members of the City Council, Stephen Reg Clewley 945 Catalina Ave. Seal Beach, CA 90740 This will express my vehement opposition to the City Council approving Development Agreement Amendment 01 -1. This Development Agreement Amendment is constructed in a manner which violates the Coastal Act. Staffs Exhibit H, Vested Components Hellman Ranch Development Agreement is improperly drafted. Item 3 Gum Grove Nature Park (d) Operation, found on page 50 fails to acknowledge that the City shall further assume responsibility for locking and unlocking any Park entry gate erected at Seal Beach Blvd. Failure to do so places the City at significant exposure to litigation. Environmental Review: Whereas the overriding considerations anticipated in connection with the Original Project shall fail to accrue to the City resultant of this First Amended Development Agreement 01- 1. The findings and the statement of overriding considerations previously adopted do not apply with equal force to the approval of the First Amended and Restated Development Agreement. Fiscal Impact The fiscal impact to the City is in excess of two million dollars ($2,000,000) Whereas the First Amended and Restated Development Agreement eliminates all tax revenues anticipated from the previously approved golf course the City can reasonably withhold approval of this amendment hereof that is mandated by conditions of approval imposed by the California Coastal Commission and the courts without breaching Section 6.1.2 of the Development Agreement. Archeology The California Coastal Commission has erred in its designation of Lillian Robles as most likely descendant. It is Vera Roche who is actually most likely descendant and must therefore be consulted with, prior to any expeditions on the subject property. The Final Environmental Impact Report (FEIR) certified by the City Council in 1997 was certified in good faith by the rationale of the City Council upon deliberate misrepresentations of fact offered by the Director of Development Services, Lee Whittenberg. The project as proposed was illegal, the Director knew it, so did the developer. The environmental impacts of the then proposed project were disregarded by the City Council in the interests of the Overriding Consideration that the City wanted revenue from a golf course. That Overriding Consideration is no longer a factor in considering the revenue neutral matter of constructing 70 homes atop ancient burial sites and the destruction of vital wildlife habitat. The provisions of the First Amended and Restated Development Agreement have further reaching effects than those anticipated in connection with the original Illegal project. The City Council proceeded under the flawed assumption that the developer was within his rights to destroy coastal wetlands for other than one of eight enumerated reasons set forth in the Coastal Act. The City Council asserted that they had achieved a "Careful balance between the needs of the community 2 versus the rights of the developer." In fact the City Council chose to sacrifice the rights of the community over massive and heated objections to simply let the developer do whatever he wanted, including the illegal destruction of coastal wetlands. Improved value of wetlands was cited as a mitigating factor in the City Councils certification of the 1997 (FEIR). As amended the Hellman Ranch Development Agreement ensures nothing but a continuation of 106 acres of BLIGHT for a period of not less than twenty five (25) years. That in and of itself is a new environmental impact more far reaching than any anticipated in connection with the Original Project. By allowing the developer to proceed at this time with the construction of housing, the incentive to sell the deed restricted acreage is removed. The Hellman family has owned the property in question for one hundred fifty (150) years, what pray tell makes this City Council think they will become so desperate to sell the land over the next twenty- five (25) years? Nothing does, That's what. To further the ends of the Original Project as carried forth in the Hellman Ranch Development Agreement Amendment 01 -1 the City agrees to donate 1.4 acres of land at the end of Adolfo Lopez Dr. to the developer and for what? For nothing that is what. Certainly not as some sort of Quid Pro Quo for the developers helping to relocate the infamous Krenwinkle House, a structure of dubious historical value, which fortunately is now in private hands, to the State Lands which are left to rot as this Hellman Ranch Development Agreement Amendment 01 -1 is written. Nor could the reason be in consideration of any dedication of Gum Grove Nature Park. That park has so many documented grave sites scattered around the Federal Government would quickly step in and quash any plans to build there. The Hellman family knows that and can only reasonably consider themselves lucky to unload the site lest it complicate efforts to build elsewhere on the ranch. Not only does the City agree to give away this land on Aldofo Lopez Dr. to the developer but under Article 3.2.1 the City agrees to diligently monitor hazardous materials discharge that has allegedly contaminated a portion of the subsoil of the land which the city is giving away for a period of eight years at a cost of up to $12,000 per annum . Incorporated into this Development Agreement Amendment 01 -1 is a requirement imposed by the California Coastal Commission that there be provided public access to Gum Grove Nature Park by way of Seal Beach Blvd. including a parking lot for cars. By carrying out this directive, over the objections of the Seal Beach Police Department, the City places itself at significant exposure to litigation with regard to liability. The first time someone parks there and hops a fence to steal something or worse the onus lays upon the City to prove otherwise, the City cannot do so, they were warned in this letter! The terms of this Development Agreement require that Gum Grove Nature Park, be preserved as a Nature Park in perpetuity The City of Seal Beach has declined in the past to take any action to protect wildlife in the park. Going so far as within the last year passing an Ordinance to allow that dogs be granted access to the park then posting signs citing the wrong ordinance to ensure that Animal Control officers can take no action against offenders even if they wanted to. No action has been taken by the City to enforce laws passed requiring domesticated canines be leashed within the metes and bounds of Gum Grove Nature Park nor can any anticipated by adoption of this Amended and Restated Development Agreement. Juveniles routinely cut trails to facilitate "extreme sport" activities using mountain bikes and skate boards and use the park as a shooting range to practice their marksmanship against endangered species. Yet the City in its wisdom does nothing to deter these destructive actions. Are the people of this City to think that a new leaf is to be turned by this City Council approving the construction of 70 homes atop ancient graves? No, it will be business as usual until the City is sued and found liable for its deliberate negligence! The sewer connection fees of about $2,200 per dwelling are inadequate to pay for the necessary improvement to infrastructure required for the Orange County Sanitation District to provide secondary treatment of raw sewage from these seventy (70) proposed homes to bring the County into compliance with the Clean Water Act. Granted, the County currently has a waiver from the Clean Water Act. That waiver will not be renewed and it is the taxpayer, J. O. Citizen of Seal Beach, California who will have to pick up the tab for seventy (70) homes built atop Native American Burial Sites on the Mesa to have properly treated sewage dumped into our ocean. The urban run off generated by the proposed seventy (70) homes does not meet standards recognized since the Original Project's ill conceived approval in 1997. All dwellings should be constructed to retain within the lot, precipitation of not less than one (1) inch of rainfall within a 24 hour period of time. The proposed Amended Development Agreement 00-1 diverts run off from the seventy (70) proposed housing units to a bio- swell facility within the wetlands where toxins generated from the housing units are intended to contaminate and decimate the species of endangered raptors which the deed restricted acreage is intended to protect. A new sewer pump station in Lopez Drive is required for these housing units. The developer may be expected to pay up to 50% of the cost associated with its construction or $75,000, whichever is less. The City shall pay or cause others to pay the balance without limit. Who pray tell are these others the City shall compel to pay if not the taxpayers? To comply with Government Code Section 65590(d) the Developer would be required to provide seven (7) housing units that are affordable to persons and families of very low, low, or moderate income on the site. Instead of compliance with a nod and a wink the City agrees to accept a one time payment of fifty -three thousand seven hundred fifty dollars ($53,750). The City presumably will use these funds to buy bus tickets out of town for some low income families and to provide cardboard boxes for others to live in. Under grounding of Southern California Edison power lines anticipated in connection with this project will and at the exclusive enclaves boundary along Seal Beach Blvd. as grants toward under grounding of utilities have been terminated. My calculations conservatively estimate the cost to the City of Seal Beach associated with this Development Agreement to be well in excess of two million dollars ($2,000,000). The City's money grubbing fathers and mothers had expected to recoup these funds in the form of increased tax revenues quickly through the Developer's operation of a golf course for yachting types. Without a golf course the City, that is the taxpayers are left holding the bag. Propriety Issues: According the California Coastal Commission Staff member, Mr. Carl Schwing: Revised Findings of the October 2000 California Coastal Commission hearing into Coastal Development Application 5-97 -367 A -1 are not yet available and have not gone to hearing. The City of Seal Beach buys a pig in a poke by taking action at this time on Hellman Ranch Development Agreement Amendment 01 -1 The fact that the Director of Development Services chose to expand the footprint of the proposed housing development "Administratively' from 14 to 18.4 acres, without presenting the matter before the Planning Commission at a properly noticed Public Hearing demonstrates again the "end run" tactics regularly employed by the Development Services department to short circuit opportunity for public participation in the governance of this City. These are the same tactics as were used to decimate the historic Eucalyptus grove on Seal Beach Blvd. A grove the City Council ordered be preserved and watered, which was not watered and which was destroyed by "Administrative" order from the Director of Development Services. Respectfully submitted, Stephen Reg Clewley CC California Coastal Commission 1 One GTE Place MC: GA3BIREG Alpharetta, GA 30004 (678) 339-4269 February 26, 2001 Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue, San Francisco, CA 94102 Re: Notification Letter for NWS of Los Angeles SMSA Limited Partnership (U- 3003 -C), Los Angeles, CA MSA This is to provide the Commission with notice to the provisions of General Order No. 159. A of the Public Utilities Commission of the State of California ( "CPUC ") that for the project described in Attachment A: [ X ] (a) The Company has obtained all requisite land use approvals for the project described in Attachment A. [ ] (b) No land use approval is required. A copy of this notification letter is also being provided to the appropriate local government agency for its information. Should there be any questions regarding this project, or if you disagree with any of the information contained herein, please contact, please contact Kathy Padgett of Verizon Wireless at (678) 3394269. Very truly yours, //i��"v� Katherine 0 Specialist - Regulatory Network Compliance Attachment CPUC01.0141 I 9 Attachment A CPUC CELL SITE REPORT LOS ANGELES SMSA LP 1. PROJECT LOCATION: NWS — Initial Build SITE NAME: NWS SITE ADDRESS: 1194 Pacific Coast Highway (Zoeter Field) LOCATION: Seal Beach, CA 90740 COUNTY: Los Angeles APN: 043- 122 -33 COORDINATES: Latitude: 330 44' 32.0" N Longitude: 118° 06' 03.0" W 2. PROJECT DESCRIPTION: Los Angeles SMSA Limited Partnership proposes a wireless telecommunication facility consisting of the construction of a 50 -foot high slimline monopole to support six directional antennas and athletic field lights. In addition, communication equipment cabinets will be placed adjacent to the proposed monopole. ANTENNA: Six (6) directional antenna TOWER DESIGN: Slimline monopole TOWER APPEARANCE: Six (6) panel antennas at 48' and future lights installed at 39' TOWER HEIGHT: 50 BUILDING SIZE: Three equipment cabinets approximately 5' wide by 4' deep MC01.0141 Notification Letter Los Angeles SMSA Limited Partnership (U- 3003 -C) February 26, 2001 Page 3 3. BUSINESS ADDRESSES OF ALL LOCAL GOVERNMENT AGENCIES: cc: California Coastal Commission Coastal Program Analyst South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 908024302 Planning Director City of Seal Beach 211 8'" Street Seal Beach, CA 90740 City Manager City of Seal Beach 2118' Street Seat Beach, CA 90740 City Clerk City of Seal Beach 2118" Street Seal Beach, CA 90740 Ms. Lori Badock Utilities Enforcement Branch Consumer Services Division California Public Utilities Commission 505 Van Ness Avenue San Francisco, CA 94102 4. APPROVALS: Coastal Development Permit: Issued: January 11, 2001 Effective: February 22, 2001 Agency: California Coastal Commission Coastal Program Analyst South Coast Area Office 200 Oceangate, Suite 1000 Long Beach, CA 90802 -4302 Permit No.: 5 -00399 Resolution Number: N/A CPUCOl.0141 Notification Letter Los Angeles SMSA Limited Partnership (U- 3003 -C) February 26, 2001 Page 3 4. APPROVALS (CONTINUED): Permitted Use: Issued: Letter 2/5/01 Effective: N/A Agency: City of Seal Beach 211 V Street Seal Beach, CA 90740 Permit No.: N/A Resolution Number: N/A MC01.0141 Inter Office Memo Wireless To: Robert Salem From: Kathy Padgett (678) 339 -4269 Date: February 27, 2001 California State Regulatory Clearance Network Compliance Alpharetta, GA Site Name: NWS — Los Angeles, CA MSA Site Number: N/A Package or Memo Date: February 23, 2001 Project: Los Angeles SMSA Limited Partnership proposes a wireless telecommunication facility consisting of the construction of a 50- foot high slimline monopole to support six directional antennas and athletic field lights. In addition, communication equipment cabinets will be placed adjacent to the proposed monopole. ANTENNA: Six (6) directional antenna TOWER DESIGN: Slimline monopole TOWER APPEARANCE: Six (6) panel antennas at 48' And future lights installed at 39' TOWER HEIGHT: 50 BUILDING SIZE: Three equipment cabinets approximately 5' wide by 4' deep CPUC Package no. CPUC01.0141 dated February 26, 2001 G.O. 159 -A requirements have been fulfilled for the project described above. Xa 84.11 Specialist — Regulatory Network Compliance Crucoi.0140 G Rossmoor Business Center e Tmtleneme of Century National Properties, Inc. 12121 Seat Beach Boulevard (562) 430 -0211 -_ - Seal Beach, California 90740 Fax (562) 799 -0449 February 1, 2001 Ms. Joann Yeo CITY OF SEAL BEACH 211 Eighth Street Seal Beach, California 90740 RE: NORTH SEAL BEACH COMMUNITY CENTER PURCHASE, 1983 Dear Ms. Yeo: We are currently conducting a property survey of Rossmoor Business Center as a prelude to remodeling. The property records still show the Community Center as part of our property. In order to separate the parcel, we need copies of the following documents from the City of Seal Beach: License Agreement between Dollar Business Centre, Inc. and City of Seal Beach Purchase Agreement Grant Deed and /or Transfer Deed This matter is of the upmost importance to our timely progress. We would appreciate your expediting the research. Sincerely, M a Montes Assistant Property Manager cc: Donald McIntyre, City Manager "MMUMe 1-VII- A� a5 Y