Loading...
HomeMy WebLinkAboutCC AG PKT 2001-10-08 Supplemental Info - Development Agreement, Hellman Properties, LLC`aQt SEAt`efq` ' ��pMi�CP�'¢: Memorandum To: Joanne Yeo, City Clerk Mayor Doane and Members of the City Council Attention: John Bahorski, City Manager Quinn Barrow, City Attorney QQQ �� ) From: Lee Whittenberg, Director of Development Services�J J G(/ Date: October 5, 2001 l SUBJECT: ADNEMSTRATIVE REVISIONS - 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 In accordance with the provisions of Section 10.2, Administrative Amendments, 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 ", (Amended and Restated Agreement), certain administrative amendments have been approved by the City Manager. The administrative revisions conform certain provisions of the Coastal Development Permit granted by the California Coastal Commission (CDP 5 -97- 367 -A1) with the provisions of the approved and recorded Amended and Restated Agreement Said revisions do 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 . A copy of the "Administrative Revisions to 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 1. The revisions have been reviewed and concurred with by the City Attorney. C:U1y DocumvusUtELLMANV dministranvc q,umy % M..Wum I.docLLW�la -0SOI Memorandum re: Approval ofAdminiraadWAmendmenU to FirstAmendedandRestatedDeve lopmentAgreement by an,/Be en the City of Seal Beach and Hellman Properties, LLC Relative w the Development Known as the Hellman Ranch October 5,1001 Section 10.2, Administrative Amendments, 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" reads as follows: "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, Q diminish the areas to be dedicated for Public purposes, or (m) 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." Attachment l: "Administrative Revisions to 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 ", dated September 2001 k k k k Adm' five Am .d Memor .I Administrative Revisions to the First Amended and Restated Development Agreement Between the City of Seal Beach and Hellman Properties LLC, Relative to the Development known as the Hellman Ranch 2001 Purpose: The purpose of the administrative revisions to the First Amended and Restated Development Agreement is to clarify the approved project with respect to the Coastal Development Permit (CDP 5- 97- 367 -A1), approved by the California Coastal Commission on October 11, 2000. The following six revisions and two attachments represent the administrative revisions to the First Amendment and Restated Development Agreement. Revision 1: Exhibit C modified to clarify existing land uses and uses approved under CDP 5- 97- 367 -A1 (Modified Exhibit C attached). Revision 2: Recital E modified to delete the last sentence of the paragraph and replace with: Pursuant to the terms of the Settlement A [ the tit have dismissed the C ons challenging the prior Coastal Development Permit (5-97-367). Revision 3a: Add clarifying language to Recital G, first sentence, as follows: Developer and City desire to utilize the First Am ended 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 the terms and conditions thereof), as against the City, as provided pursuant to Government Code Sections 65864 et seq. Revision 3b: Add clarifying language to the end of Recital G, as follows: Not withstanding anything to the connary contained in this Development Ag t CDP 5 -97 -367 amended. shall definc Ibc limits f the ht to _ im=ve and develop the bject property d the dit' s thereon, If any conflict arises between the provisions hereof and CDP 5 -97 -367 as amended the CDP shall control. Revision 4a: Add Section I Term of Development Agreement and CDP The term of the First Amended and Restated Development Agreement does not effect the term of the CDP. Revision 4b: Add clarifying language to the end of Section 2.1 and Exhibit H, Item E, as follows: The vested components documents pertain to local plaimme only and do not serve for local coastal planning (LCP) 12=oses under the Coastal Act do they [' ht may or may not h d under any subsequent coastal developtagat it Th "vested" components are considered vested between the City and Developer. Revision 4c: Add clarifying language to the end of Section 2.3.2. Parcels 1 6 and 7 were the p1tvious parcel numbers for Vesting Is t ti Tract Map (VTTM) 15381 and refer to the ' ti - oil production areas as s F r^ VTTM 152E] has been d pursuant [ CDP Special Condilain 27 reQuirina only 5 legal lots. Revision 4d: Insert clarifying language to Section 2.4.2, first sentence. Developer shall have the right from time to time to file subdivision maps and/or parcel maps with the City with respect to some or all of the subject property. Administrative Revisions to the First Amended and Restated Development Agreement Between the City of Seal Beach and Hellman Properties LLC, Relative to the Development known as the Hellman Ranch 2001 Revision 5: Add clarifying language to Section 10.3, City Waivers, as follows: Waivers may require ayproval by the California Coastal Commission Revision 6: Final Notice of Intent to Issue Permit (NOI) to replace Draf NOI (Fi al NOI attached). Approved by: a/ John orb y, ity Manager Da Approved as to form: ! O / run Barrow, City nomey Dat !!! Approved by: U 1 F. a unt Tone, Agent Date H 1 Properties LLC STATE OF CALIFORNIA 1401UN • us : Z SeV4 _ '2'5, ZOO 1 hefnrr mr I 1kt r J 4 (--� le M a Notary Public, personally appeared I l— �� ro m 2 1 o n ? , personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her /their authorized capacity(ies), and that by his/her /their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. WITNESS my hand and official seal, mAavn coiemaN 95 0 Comm. fl )• Horun PUWu x Oo L Signature my carom. e.o+ »m. i zoos '. i J J J 3 a a p s w Z � O x p � 2 W % Q p m W p N K Q ~ O 3 of O O 7 2 W J"1 A z� atn a W A O a � W az W 7 y3 9-20-2U, 7:30AM FROM JERRY TONE'S OFFICE AIS 4Sa 01103 P.I STATE OF CALIFORNIA- THE RESOURCES AGENCY GRAY DAMS GWQm' CALIFORNIA COASTAL COMMISSION swnn ewelArc. or6Fe Page: Page 1 of 19 za00uwgate. suite IWO Date: April 23, 2001 Loey eeadi. CA 90602-4102 Permit Application No.: 5 -97- 367 -A1(w (562) 5965071 PP 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 -At, 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 April 23, 200 - , PETER DOUGLAS By: Executive Director Title: Coastal Program Analy t ACKNOWLEDGMENT The undersigned permittee acknowledges receipt of this notice of the California Coastal Commission determination on Permit me ment No. - 367 -A1, and fully understands its contents, including ail co dit ns impo S o Date Permittee Please sign and return one copy of this fo he Commission office at the above address. 9 -20 -201 7:31AM FROM JERRY TONE S OFFICE 115 454 OAOS ' -- NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 2 of 19 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 Lard. These terms and conditions shall be perpetual, and it is the intention of the Commission and the permittee to bind all future owners and possessars of the subject property to the terms and conditions. [Deleted] See Special Condition I5. 2. REVISED VESTING TENTATIVE TRACT MAP NO. 15381 [Deleted]. See Special Condition 27 3. STATE LANDS PARCEL [Deleted). 9- 20-201 7:31AM FROM JERRY TONE'S OFFICE 415 454 0403 P.3 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -At Page 3 of 19 4. GUM GROVE PARK (Deleted]. See Special Condition 17 5. PUBLIC ACCESS PROGRAM [Deleted]. See Special Condition 18 6. ARCHAEOLOGY [Deleted]. See Special Condition 19 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 -6 through WC-10 inclusive as approved by City of Seal Beach City Council resolution 4562. 8. HAZARDS Mitigation Measures WQ -1, WQ -2, WO-3, WO-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. 9- 20-201 7:32AM FROM JERRY TONE'S OFFICE 415 ASA Ox03 P.A NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 4 of 19 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 1 CONSERVATION [Deleted]. 12. FINAL WETLAND RESTORATION PROGRAM [Deleted]. 13. GOLF Cl PROGRAA [Deleted]. 14. RESIDENTIAL DEVELOPMENT - TIMING OF CONSTRUCTION [Deleted]. 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. 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 9 -20 -201 7:32AM FROM JERRY TONE'S OFFICE ,115 65,1 0,103 P.5 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 5 of 19 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. f2) 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, 13) 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. S. 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 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 9- 20-201 7:32AM FROM JERRY TONE -S OFFICE 415 ,15,1 0,103 P.6 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 6 of 19 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: MThe 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 (101 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 Seat Beach 5 -20 -201 7:33AM FROM JERRY TONE'S OFFICE 415 a54 0403 P.7 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 7 of 19 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 (Vestino 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- 1538 1, 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, 5 -20 -201 7:314M FROM JERRY TONE'S OFFICE 415 a54 Oa03 P.8 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5-97- 367 -A1 Page 8 of 19 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. 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.(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 18.8 of this permit. Note: Special Condition 18 replaces Special Condition 5 in its entirety. 9 -20 -201 7:3dAM FROM JERRY TONE S OFFICE a15 a5a OA03 P.9 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 9 of 19 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 Desk. 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 /Acjachemem, Gabrielino /Tongva, 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 Archaeologist(s) and Native American Monitorial. The archaeologistls) 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 /Acjachemem, GabrielinofTongva, 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 9 -20 -201 7:35AM FROM JERRY TONE'S OFFICE 415 d5d Oa03 P.10 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 10 of 19 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 CHIP and the appropriate Native American person /group from the Juaneno /Acjachemem, 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 Feldwork. Prior to commencement of site preparation, grading, and construction activities for any development fother 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., 19.8., 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 I S.0 shall be submitted to the Executive Director, OHP, the NAHC and the person /group from the Juaneno /Acjachemem, Gabrielino/Tongva, or Luiseno people designated or deemed acceptable by the 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, the NAHC, and the person /group from the Juaneno /Acjachemem, 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: _. 5-20 -201 7:384 FROIA JERRY TONE'S OFFICE 415 d5d 0403 P.I NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 11 of 19 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 /Acjachemem, 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 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. 9 -20 -201 7:35AM FROM JERRY TONE'S OFFICE 415 dSd 0403 P.2 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -At Page 12 of 19 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 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. a. 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. 9-20 -201 7:39AM FROM JERRY TONE'S OFFICE A15 454 0403 P , NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 13 of 19 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 a. 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 le.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 9 -20 -201 7:39A FROM JERRY TONE'S OFFICE 415 454 0x03 P.6 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A7 Page 14 of 19 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. a. 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. 5 -20 -201 7:deAM FROM JERRY TONE'S OFFICE 415 d5a OdO3 P.5 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 15 of 19 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, Heilman Ranch, prepared by MDS Consulting of Irvine, California, dated January 2000, and the Storm Water Management & Water Quality Control Plan, (SWM & WQCP) prepared by MOS 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 SWIM & 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: M 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 9 -20 -201 7:40AM FROM JERRY TONE'S OFFICE A15 ASA Ox03 P.6 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 16 of 19 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., 8., 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 9 -20 -201 7:d1AM FROM JERRY TONE S OFFICE A15 d5d OA03 P.7 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 17 of 1.9 to Special Condition 23, is, at minimum maintained. In addition, the deed restriction shall not preclude construction and maintenance of the access road depicted on 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 it preclude the maintenance of existing oil operations, provided the water quality improvement functions of the system described in the SWM & WOCP, 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 corridorls) 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 8 -e0 -201 7:AIA FROM JERRY TONE'S OFFICE a1S ASn CA03 P. NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 18 of 19 (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, 21 the lot currently owned by the City of Seal Beach Redevelopment Agency, 31 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. 9-20 -201 7 A2AM FROM JERRY TOTE S OFFICE n15 45a 0303 P.9 NOTICE OF INTENT TO ISSUE PERMIT AMENDMENT Permit Application No. 5 -97- 367 -A1 Page 19 of 19 28. RESERVATION OF POTENTIAL FOR 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 for a period of twenty -five years thereafter, the applicant agrees to sell the oil production area of the property as defined in "Attachment 1" (as revised pursuant to subsection S. of Special Condition 16) 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. Within 30 days of the cessation of oil production, the applicant shall notify 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 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 (41 5) 904 -5200.