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Home My WebLink AboutCC Ord 1292 1989-10-14 ORDINANCE NUMBER U9aZ AN ORDINANCE OF THE CITY OF SEAL BEACH APPROVING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND THE MOLA DEVELOPMENT CORPORATION FOR THE HELLMAN RANCH PROJECT THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: I Section 1. The City and Mola Development Corporation desire to enter into a development agreement pursuant to the : provisions of Government Code Sections 65864 to 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 and more particularly described in the proposed agreement, attached hereto as Exhibit A. Section 2. Pursuant to Government Code Section 65867.5, the City Council hereby finds that the proposed Development Agreement is consistent with the General Plan for the City of Seal Beach and the Hellman Ranch Specific Plan, as amended. Section 3. The City Council hereby approves the Development Agreement between the City of Seal beach and the Mola Development Corporation attached hereto as Exhibit A. PASSED, APPROVED AND ADOPTED by t~Council of the 3each,~~ornia. at a regu~ hereof held on __ - day of . 1989. . City of Seal the I .r ~r~ STATE OF CALIFORNIA) COUNTY OF ORANGE )SS CITY OF SEAL BEACH ''0'' SEAL e. ~;:"""..oof~a;~Il~" ~ofC i:J ,,,+ "0 '$0 ~!~-ts o o 0..- 00 0.... ,a : 0 0.; .. \,.oo~. .oolJ; ~~tQ;n~:::o~~~~:~~"~~ ~1"tO(JNrr ,c.!I ~\\\\\~.a I do by the City - vote: AYES: Councilmembers NOES: Councilmembers ABSENT: 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 Ordinance Number ~~~ RECORDING REQUESTED BY, AND- WHEN RECORDED, MAIL TO: McKITTRICK, JACKSON, DeMARCO & PECKENPAUGH (DLC) 4041 MacArthur Boulevard Post Office Box 2710 Newport Beach, CA 92658-8995 (Space Above for Recorder's Use) DEVELOPMENT AGREEMENT I (Pursuant to Government Code Sections 65864 - 65869.5) This DEVELOPMENT AGREEMENT ("Agreement") is entered into on , 1989, between MOLA DEVELOPMENT CORPORATION, a California corporation ("Developer"), the CITY OF SEAL BEACH, a municipal corporation organized and existing under the laws of the State of California ("city") and the CALIFORNIA COASTAL COMMISSION ("Commission"). Developer and city are sometimes collectively referred to herein as the "parties." R E C I TAL S: This Agreement is predicated upon the following facts: A. These Recitals refer to and utilize certain capitalized terms which are defined in this Agreement. The parties intend to refer to those definitions in conjunction with the use thereof in these Recitals. B. Government Code Sections 65864 - 65869.5, ("Development I Agreement Law") authorize the City to enter into binding develop- ment agreements with persons having a legal or equitable interest in real property or the development of such property, all for the purpose of strengthening the public planning process, encouraging private participation and comprehensive planning and reducing the economic costs of such development. C. Pursuant to Government Code Section 65865, City has adopted rules and regulations as Article 27.5, commencing with Section 28-2751 of the Code of the City of Seal Beach, California, establishing procedures and requirements for consideration of development agreements. D. Developer holds an option to purchase and is the proposed developer of the Property as described on Exhibit "A." which Property is located in the Coastal Zone of the City. E. Developer is developing a large scale phased master planned community Project commonly known as the Hellman Ranch requiring major investment in public facilities and substantial front end investment in on-site and off-site improvements in order to make the Project feasible. F. Developer has applied for, and city has approved, the Development Plan in order to protect the interests of its citi- I zens and the quality of the community and environment through the specific plan process. As part of that process of approving the Development Plan, City has undertaken, pursuant to the California Environmental Quality Act ("CEQA"), the required analysis of the environmental effects which would be caused by I I I Ordinance Number /29.2, the Project. city has imposed a series of mitigation measures in connection with the development of the Project to eliminate any potentially adverse impacts caused by the Project. On July 17, 1989, the city Council of City adopted Resolution No. 3824, which certified the supplemental Environmental Impact Report prepared for the revised project and made th~ required environmental findings. G. Developer has requested City to consider entering into a development agreement relating to the project and proceedings have been taken in accordance with city's rules and regulations. H. The city Council has found that this Agreement is con- sistent with the city's General Plan and the Hellman Ranch Specific Plan, as amended. , 1989, the City Council of city , approving this Agreement with I. On adopted Ordinance No. Developer. J. On , 1989, the California coastal Commission approved this Agreement by formal commission action pursuant to Government Code section 65869. K. The Development Plan implements the goals and policies of the City's General Plan as described in the Hellman Ranch specific Plan referred to in Section 1.5, below, and provides balanced and diversified land uses in order to maintain the overall quality of life and of the environment within City and to impose appropriate standards and requirements with respect to, land development and usage. L. city has found and determined that the execution of this Agreement is in the best interest of the public health, safety and general welfare of city and its residents and that adopting this Agreement constitutes a present exercise of its police power. The parties agree as follows: 1. Definitions. 1.1 "Agreeme!1t" is this Development Agreement. 1.2 "Agreement Date" is the date this Agreement is executed by city. 1.3 "city" is the City of Seal Beach, California. 1.4 "Development Plan" is all of those ordinances, resolutions, codes, rules, regulations and official policies of city governing the development and use of the Property as of the Agreement Date, including, without limitation, the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction standards and specifications applicable to the development of the Property, and all of those permits and approvals which are referenced on Exhibit liB," which have been issued or granted by city in connection with any of the foregoing. Specifically, but without limitation, such Develop- ment Plan includes the amended Hellman Ranch Specific Plan adopted by the city Council on August 7, 1989, by Ordinance No. 1279, pursuant to Government Code Section 65450 and Vesting -2- Ordinance Number M P.,2; . Tentative Map No. 13198, approved by the City Council on August 7, 1989, allowing the construction of three hundred fifty-five (355) residential dwelling units. To the extent any of the foregoing are amended from time to time with the consent of Developer, the Development Plan shall include such matters as so amended. Notwithstanding the immediately proceeding sentence, if this Agreement is required by law to be amended in order for the "Development Plan" to include such amendments, "Development Plan" shall not include such amendments unless and until this Agreement is so amended. A copy of the Hellman Ranch Specific Plan, as amended is attached hereto as Exhibit "C, II and a copy of I the conditions of approval for vesting Tentative Map No. 13198 is attached hereto as Exhibit liD." 1.5 "Effective Date" is that date which is the later to occur of (a) the time for filing a referendum petition relating to this Agreement expires if no such petition is filed within such period; (b) the results of a referendum election are declared approving this Agreement if a referendum petition is filed within the applicable period; or (c) the date upon Which the California Coastal Commission approves this Agreement by formal Commission action. 1.6 "Developer" is Mola Development corporation and its successors in interest to all or any part of the Property. - 1.7 "Project" is the master planned Hellman Ranch community and associated amenities, including, without limita- tion, on-site and off-site improvements, contemplated by the Development Plan, as the same may be further defined, enhanced or modified pursuant to the provisions of this Agreement. 1.8 "Property" is the real property on which the Project is, or will be, located as described on Exhibit "A". 2. Exhibits. The following documents are referred to in I this Agreement, attached hereto and incorporated herein by this reference: ' Exhibit Desiqnation Descriotion B Legal Description of the Property Permits and Approvals Constituting Development Plan Hellman Ranch Specific Plan, as amended A C o Conditions of Approval for Vesting Tentative Map No. 13198 Map of Community Park Dedication E 3. Mutual Benefits. This Agreement is entered into for the pur~ose of carrying out the Development Plan for the Project in a manner that will insure certain anticipated benefits to both city, including, without limitation, residents of City, and I Developer as set forth in this Section. city and Developer agree that, due to the size and duration of the Project, certain assurances on the part of each party as to the Project will be necessary to achieve those desired benefits. -3- I I I Ordinance Number ~ ~ . 3.1 Benefits to citv. The benefits to City (includ- ing, without limitation, the residents of City) under this Agreement include, but are not limited to: (a) dedication of Gum Grove Park; (b) contribution of One Hundred Fifty Thousand Dollars ($150,000.00) to City for restoration and improvement of Gum Grove Park; (c) the dedication of a community park as shown on Exhibit "E," ("Community Park") which amount of acreage in addition to the Gum Grove Park dedication is in excess of the City's Quimby Act Requirements; (d) the establishment of an annuity or other mechanism to defray the cost of maintaining the Community Park for a period of ten (10) years; (e) the payment of One Million Dollars ($1,000,000.00) in cash to the city; (f) preparation and approval of a mitigation program for preservation of and enhancement of portions of approximately 36 acres of wetlands, and the dedication of such wetlands to an appropriate governmental or quasi-governmental agency or nonprofit corporation; (g) the provision of additional residential housing and a master planned community; (h) improve- ments to roadways; (i) the payment of in lieu fees for the construction of schools and other public facilities and services; and (j) an increase in property tax revenues to be derived by city and by the City Redevelopment Agency. 3.2 Benefits to Develotler. Developer has expended and will continue to expend substantial amounts of time and money on the planning and infrastructure construction of the Project. In addition, Developer will expend ~ubstantial amounts of time and money in constructing public improvements and facilities and in providing for public services in connection with the Project. Developer would not make such additional expenditures without this Agreement and such additional expenditures will be made in reliance upon this Agreement. The benefit to Developer under this Agreement consists of the assurance that Developer will preserve the right to develop the Property as planned and as set forth in the Development Plan. 4. Interest of Develotler. Developer represents that Developer has a legal interest in the Property. 5. Bindinq Effect of Aqreement. The burdens of this Agreement bind and the benefits of this Agreement inure to the successors in interest to the parties thereto. 6. Relationshitl of Parties. The contractual relationship between city and Developer is that Developer is an independent contractor and not the agent of City. 7. Term. The term of this Agreement shall commence upon the Effective Date and shall continue until all building permits required to complete the development of the Project as contemplated by the Development Plan have been issued, provided that in no event shall such term exceed ten (10) years following the Effective Date of this Agreement. 8. Chanqes in Pro;ect. Developer shall not be entitled to any change, modification, revision or alteration in the De- velopment Plan relating to the permitted uses of the Property, the density or intensity of use, the maximum height and size of proposed buildings or the provision for reservation or dedica- tion of land for public purposes without review and approval by those agencies of city approving the Deveiopment Plan in the first instance. Subject to the foregoing provisions of this Section 8, City acknowledges that Developer may seek amendments to entitlements to use and new entitlements to use in connection -4- Ordinance Number ~f~ with the development of the Project. The approval of any such amendments or new entitlements to use shall be in the sole discretion of the city. 9. Hold Harmless. 9.1 Bv DeveloDer. Developer agrees to and shall hold City, its officers, agents, employees, partners and repre- sentatives harmless from liability for damage or claims for dam- age for personal injury including death and claims for property damage which may arise from the activities of Developer or those I of Developer's contractors, subcontractors, agents, employees or other persons acting on Developer's behalf which relate to the Project. Developer agrees to and shall defend city and its officers, agents, employees, partners and representatives from actions for damages caused or alleged to have been caused by reason of Developer's activities in connection with the Project. 9.2 Bv citv. City agrees to and shall hold Developer, its officers, agents, employees, partners and representatives harmless from liability for damage or claims for damage for personal injury including death and claims for property damage which may arise from the activities of city or those of city's contractors, subcontractors, agents, employees or other persons acting on city's behalf which relate to the Project. city agrees to and shall defend Developer and its officers, agents, employees, partners and representatives from actions for damages caused or alleged to have been caused by reason of City's activities in connection with the Project. The foregoing shall not enlarge the City's liability beyond what it would be in the absence of this Agreement or otherwise abridge or eliminate any immunities to which the City is entitled to by law. 10. Vested Riaht. By entering into this Agreement and relying thereon, Developer is obtaining a vested right to pro- ceed with the Project in accordance with the Development Plan I and city is securing certain public benefits which help to al- leviate current or potential problems in city and enhance the public health, safety and welfare. city therefore agrees to the following: 10.1 No Conflictinq Enactments. Neither the City Council of city nor any other agency of city shall enact an ordinance, policy, rule, regulation or other measure applicable to the Project which relates to the rate, timing or sequencing of the development or construction of all or any part of the Project or which is otherwise in conflict with this Agreement. This Section shall not restrict the City's ability in the event of a public emergency to take such reasonable measures under its police powers to protect the public health, safety and welfare as it deems necessary to deal with such emergency even if such measures are incompatible with other terms of this Development Agreement. lO.2 Intent of Parties. In addition to and not in limitation of the foregoing, it is the intent of Developer and city that no moratorium or other limitation (whether relating to the rate, timing or sequencing of the development or construc- tion of all or any part of the Project and whether or not enacted by initiative or otherwise) affecting subdivision maps, building permits, occupancy certificates or other entitlements to use approved, issued or granted within city, or portions of city, shall apply to the Project to the extent such moratorium or other limitation is in conflict with this Agreement. Notwithstanding I -5- Ordinance Number /-29'~ I the foregoing, should an ordinance, general plan or zoning amendment, measure, moratorium, policy, rule, regulation or other limitation enacted by citizens of city through the .initiative process be determined by a court of competent jurisdiction to invalidate or prevail over all or any part of this Agreement, Developer shall have no recourse against city pursuant to this Agreement, but shall retain all other rights, claims and causes of action at law or in equity which Developer may have independent of this Agreement. The foregoing shall not be deemed to limit the Developer's right to appeal any such determination of such ordinance, general plan or zoning amendment, measure, policy, rule, regulation, moratorium or other limitation which purports to invalidate or prevail over all or any part of this Agreement. city agrees to cooperate with owner in all reasonable manners in order to keep this Agreement in full force and effect. 11. Public Works. If Developer is required by this Agreement to construct any public works facilities which will be dedicated to City or any other public agency upon completion, and if required by applicable laws to do so, Developer shall perform such work in the same manner and subject to the same requirements as would be applicable to City or such other pUblic agency should it have undertaken such construction. 12. General DeveloDment of the Pro;ect. 12.1 Pro;ect. While this Agreement is in effect, Developer shall have a vested right to develop the Project in accordance with the terms and conditions of this Agreement, and city shall have the right to control the development of the Project in accordance with the terms and conditions of this Agreement. Except as otherwise specified in this Agreement, the Development Plan shall control the overall design, development and construction of the Project and all on-site and off-site improvements and appurtenances in connection therewith, includ- ing, without limitation, all mitigation measures required in order to minimize or eliminate any potentially significant environmental effects. The permitted uses of the Property, the density and intensity of use, the maximum height and size of proposed buildings, the provisions for reservation and dedication of land for pUblic purposes and other terms and conditions of development applicable to the Property shall be those set forth in the Development Plan. 12.2 Phasinq and Timinq of DeveloDment. The parties acknowledge that although Developer currently anticipates that the Project will be phased and constructed in increments over an approximate five (5) year time frame, at the present time Developer cannot predict when or the order in which project phases will be developed. Such decisions depend upon numerous factors which are not within the control of Developer, such as market orientation and demand, interest rates, competition and other similar factors. To the extent permitted by the Develop- ment Plan and this Agreement, Developer shall have the right to develop the Project in phases in such order and at such times as Developer deems appropriate within the exercise of its subjective business judgment, so long as the Project is constructed as an integrated master planned development as contemplated by the Development Plan. City agrees that Developer shall be entitled to apply for and receive tentative maps, vesting tentative maps, building permits, occupancy certificates and other entitlements to use at any time, in a reasonably expeditious manner, provided that such application is made in accordance with the Development Plan. I I -6- Ordinance Number /~9~ 12.3 Effect of Aqreement on Land Use Requlations. The rules, regulations and official policies governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings and the design, improvement and construction standards and speci- fications applicable to development of the Property are those rules, regulations and official policies in force as of the Agreement Date. In connection with any approval which City is permitted or has the right to make under this Agreement relating to the Project, or otherwise under its rules, regulations and official policies, city shall exercise its discretion or take I action in a reasonably expeditious manner which complies and is consistent with the Development Plan and the standards, terms and conditions contained in this Agreement, and in a manner which will not interfere with the development of the Project for the uses and to the height, density and intensity specified in this Agreement or with the rate of development selected by Developer. City shall accept for processing and timely review and act on all applications for further land use entitlement approvals with respect to the Project called for or required under this Agreement. Such application shall be processed in the normal manner for processing such matters. 12.4 Chanqes and Amendments. The parties acknowledge that refinements and further development of the Project may dem- onstrate that changes are appropriate with respect to the details and performance of the parties under this Agreement. The parties desire to retain a certain degree of flexibility with respect to the details of the Project development and with respect to those items covered in general terms under this Agreement. If and when the parties find that changes or ad- justments are necessary or appropriate, they shall, unless oth- erwise required by law, effectuate such changes or adjustments through administrative modifications approved by the City Director of Development Services. Upon approval by the Director, such modifications shall be attached hereto as an addenda and I become incorporated herein, but shall not be deemed to be an amendment to this Agreement under Government Code Section 65868 requiring public hearings before the Planning Commission and city Council. Notwithstanding the foregoing, the following matters shall not be considered administrative modifications, but shall be considered substantive amendments which shall be reviewed by the Planning Commission and approved by the City Council: (a) Alteration of the permitted uses of the Property; (b) Increase in the density or intensity of use or the number of lots; (c) Increase in the maximum height and size of permitted buildings; (d) Deletion of a requirement for the reservation or dedication of land for public purposes (except for minor boundary adjustments approved by the Director of Development Services); (e) Any amendment or change requiring a subsequent or supplemental environmental impact report pursuant to Public Resources Code Section 21166. 12.5 Mello-Roos Community Facilities District. Pursuant to Chapter 2.5 (commencing with Section 53312) Part I, I -7- I I I Ordinance,. 'Number /..2 9;2. Division 2, Title 5 of the Government Code of the state of California, commonly known as the "Mello-Roos Community Facilities Act of 1982," Developer may, at its sole election, petition the City Council of City to establish a community facilities district including the Property for the purpose of acquiring, constructing and financing through. the sale of bonds the acquisition and construction of certain public facilities which are necessary to meet increased demands placed on the city as a result of the development of Developer's property. If so requested by Developer, City shall cooperate with Developer and take all steps necessary to cause the community facilities district to issue bonds for such purposes in accordance with all applicable laws provided that City shall have the sole discretion to determine whether such bonds shall be issued and if so upon what terms. 12.6 Park Land Dedications and Monetarv Contribution. Developer shall offer for dedication to city both Gum Grove Park and also the Community. Park shown on Exhibit "E". Park improve- ments for the Community ~ark shall be completed in two (2) phases: Phase I will be completed concurrently with or prior to the completion of the eighty-seventh (87th) dwelling constructed within the project; Phase II will be completed concurrently with or prior. to the completion of the one hundred seventy-third (173rd) residential dwelling unit in the Project. The specific improvements to be completed by Developer for the Community Park shall be described in detail in a separate written agreement between city and Developer which shall be entered into prior to the approval of the final map for vesting Tentative Map No. 13198. In addition, a budget for the maintenance of such improvements shall be provided in such agreement. If city determines to install improvements for the Community Park other than those delineated on such separate agreement, then Developer shall not be required to expend amounts for the Community Park improvements in excess of those amounts shown on such separate agreement. Additionally, Developer shall contribute to city the sum of One Hundred Fifty Thousand Dollars ($150,000) for the restoration and improvement of Gum Grove Park which shall be in the form of either cash or labor and materials as determined by City. Developer shall also establish an annuity or other mechanism in a form approved by the City Attorney for the maintenance costs of the Community Park for a period of ten (10) years from the completion of each phase of park development in accordance with the budget set forth in the separate agreement for the improvement of the Community Park. 12.7 Satisfaction of Park Fee Requirements. In consideration of the dedication and improvement of Gum Grove Park and the Community Park by Developer, the contribution of $150,000 to city by Developer for the restoration and improvement of Gum Grove Park, and the establishment of the annuity for maintaining the Community park, Developer shall be deemed to have satisfied all park fee requirements of city and no further park fees shall be applicable to the development of the Project. 12.8 Pavment of One Million Dollars ($1.000.000.001. As further consideration and benefit to city, Mola shall, upon the issuance of a certificate of use and occupancy for the two hundred sixty-sixty (266th) residential unit in the Project, pay to the City the sum of One Million Dollars ($1,000,000.00). 12.9 Wetlands Mitiqation/Restoration Proqram. In conjunction with processing of a Coastal Development Permit with -8- Ordinance Number ,1~~~ the California Coastal Commission for the Development Plan and this Agreement, as well as other permits required by other appropriate governmental agencies including, but not ~imited to the U.S. Army Corps of Engineers, Developer shall cause to be prepared and processed a mitigation/restoration program for the preservation of and enhancement of portions of approximately 36 acres of wetlands located on the Property. Such wetlands shall be offered for dedication to an appropriate governmental or quasi-qovernmental agency or nonprofit corporation, provided, however, that any such offer of dedication shall provide that if such governmental or quasi-governmental agency or nonprofit I corporation does not accept such offer of dedication within twenty (20) years following the date of such offer of dedication, then such offer of dedication shall revert to the city for acceptance within a period of ten (10) years. 12.10 Parkland Purchase. Neither the final map for Tentative Parcel Map No. 86-349 nor the final map for Vesting Tentative Map No. 13198 shall be approved by city until Hellman Properties and City enter into a written agreement under which Hellman properties will sell to City or the Redevelopment Agency to City five acres of contiguous land for park and recreation purposes located on a site north of Hellman Ranch Road with reasonable access to such road in substantial conformance with the terms set forth in the letter proposal regarding the purchase of five acres from City to Hellman Properties, dated September 7, 1989. 12.11 Develotlment Fees. Except as provided in Section l3 of this Aqreement, City shall not, without the prior written consent of Developer, impose or increase any fees applicable to the development of the property or any portion thereof, or impose any such fees as a condition to the implementation of the Project or any portion thereof, except those fees in effect on the date the application for Vesting Tentative Tract No. 13198 was deemed complete in accordance with Government Code sections 66498.1 and I 66474.2. 12.12 Subsequent Actions. City shall timely process such matters, any necessary entitlements to use (including vesting tentative tract maps, tentative tract maps and conditional use permits), or other discretionary approvals or entitlements to use contemplated by the Development Plan or the Hellman Ranch specific Plan, and any grading, construction or other permits filed by Developer in accordance with the substantive development standards set forth in the Development Plan and the Hellman Ranch Specific Plan. 13. Rules. Requlations and Official Policies. 13.1 New Rules. This Agreement shall not prevent City from applying the following new rules, regulations and policies: (a) Processing fees and charges imposed by City to cover the estimated actual costs to city of processing applications for development approvals, for monitoring compliance with any development approvals, or for monitoring compliance with environmental impact mitigation measures. (b) bodies, petitions, hearings, reports, of procedure. Procedural regulations relating to hearing applications, notices, findings, records, recommendations, appeals and any other matter I -9- I I I ordinance Number ~-<?J1~ (c) Regulations governing construction standards and specifications including, without limitation, the City's Building Code, Plumbing Code, Mechanical Code, Electrical Code, and Fire Code provid~d that such construction standards and specifications are applied on a city-wide basis. (d) Regulations which are not in conflict with the Development Plan or this Agreement. (e) Regulations which are in conflict with the Development Plan or this Agreement if such regulations have been consented to in writing by Developer. 13.2 Subsequent Actions and ADorovals. In accordance with Government Code section 65866, this Agreement shall not prevent city in subsequent actions applicable to the Property from applying new rules, regulations and policies which do not conflict with those existing rules, regulations and policies set forth in the Development Plan, nor shall this Agreement prevent City from denying or conditionally approving any subsequent development project application on the basis of such existing or new rules, regulations and policies. , 13.3 State and Federal Laws. In the event that state or federal laws or regulations, enacted after this Agreement is executed, prevent or preclude compliance with one or more of the provisions of this Agreement, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such state or federal laws or regulations; provided, however, that this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provisions impractical to enforce. 14. Amendment or Cancellation of Aqreement. This Agree- ment may be amended or cancelled in whole or in part only by mutual consent of the parties in the manner provided for in Government Code section 65868. 15. Enforcement. Unless amended or cancelled as provided in this Section 15, or modified or suspended pursuant to Gov- ernment Code section 65869.5, this Agreement is enforceable by either party hereto notwithstanding any change in any applicable general or specific plan, zoning, subdivision or building regulation or other applicable law or regulation adopted by city (or by the voters of City unless found by a court of competent and final jurisdiction to prevail over this Agreement) which alters or amends the Development Plan or the timing of any development. 16. Periodic Review of ComDliance with Aqreement. 16.1 Periodic Review. City and Developer shall review this Agreement at least once every twelve (12) months from the date this Agreement is executed in accordance with section 28- 2766 of the Code of the City of Seal Beach, California. City shall notify Developer in writing of the date for review at least thirty (30) days prior thereto. 16.2 Good Faith ComDliance. During each periodic review, Developer shall be required to demonstrate good faith compliance with the terms of this Agreement. 17. Events of Default. -lO- Ordinance Number /~9~ 17.1 Default bv DeveloDer. If City determines on the basis of substantial evidence that Developer has not complied in good faith with the terms and conditions of this Agreement, City shall, by written notice to Developer, specify the manner in which Developer has failed to so comply and state the steps Developer must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from City specifying the manner in which Developer has failed to so comply, Developer does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter I diligently pursue such steps to completion, then Developer shall be deemed to be in default under the terms of this Agreement and city may terminate this Agreement or seek specific performance as set forth in Section 17.3. 17.2 Default bv city. If Developer determines on the basis of substantial evidence that city has not complied in good faith with the terms and conditions of this Agreement, Developer shall, by written notice to city, specify the manner in which City has failed to so comply and state the steps City must take to bring itself into compliance. If, within sixty (60) days after the effective date of notice from Developer specifying the manner in which City has failed to so comply, City does not commence all steps reasonably necessary to bring itself into compliance as required and thereafter diligently pursue such steps to completion, then City shall be deemed to be in default under the terms of this Agreement and Developer may terminate this Agreement or seek specific performance as set forth in Section 17.3. 17.3 SDecific Performance Remedv. Due to the size, nature and scope of the Project, and due to the fact that it will not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun, the parties acknowledge that money damages and remedies I at law generally are inadequate and that specific performance is appropriate for the enforcement of this Agreement. Therefore, the remedy of specific performance shall be available to all parties hereto. This subsection shall not limit any other rights, remedies, or causes of action that any party may have at law or equity. 18. Institution of Leqal Action. In addition to any other rights or remedies, either party may institute legal action to cure, correct or remedy any default, to enforce any covenants or agreements herein, to enjoin any threatened or attempted viola- tion hereof, to recover damages for any default, or to obtain any other remedies consistent with the purpose of this Agreement. Any such legal action shall be brought in the Superior Court for Orange County, California. 19. Waivers and De1avs. 19.1 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, and failure by a party to exercise its rights upon a default by the other party hereto, shall not constitute a waiver of such party's right to demand strict compliance by such other party in the future. 19.2 Third Parties. excused because of a failure of vided in Section 19.3 below. Nonperformance shall not be a third person except as pro- I -ll- Or~inance Number ~02j?~ 19.3 Force Ma;eure. Neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by floods, earth- quakes, other Acts of God, fires, wars, riots or similar hostil- ities, strikes, other labor difficulties, government regulations, court actions, or other causes beyond the party's control. I 20. Notices. All notices required or provided for under this Agreement shall be in writing and delivered in person and deposited in the United states mail, postage prepaid and ad- dressed as follows: city of Seal Beach 211 Eighth Street Seal Beach, california 90740 Attn: City Manager Mola Development corporation 4699 Jamboree Road Newport Beach, California 92660 Attn: Mr. Timothy N. Roberts Either party may change the address stated herein by giving notice, in writing, to the other party and thereafter notices shall be addressed and submitted to the new address. TO CITY: TO DEVELOPER: 21. Attornevs' Fees. If legal action is brought by either party against the other for breach of this Agreement, or to compel performance under this Agreement, the prevailing party shall be entitled to an award of reasonable attorneys' fees and costs. 22. Transfers and Assiqnments. I 22.1 Riqht to Assiqn. Developer shall have the right to sell, transfer or assign the Property in whole or in part (provided that no such partial transfer shall be permitted to cause a violation of the Subdivision Map Act, Government Code Section 66410, et seq.) to any person, partnership, joint venture, firm or corporation at any time during the term of this Agreement: provided, however, that any such sale, transfer or assignment shall include the assignment and assumption of the rights, duties and obligations arising under or from this Agreement and shall be made in strict compliance with the following conditions precedent: (a) No sale, transfer or assignment of any right or interest under this Agreement shall be made unless made together with the sale, transfer or assignment of all or a part of the Property. (b) Concurrently with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, developer shall notify city, in writing, of such sale, transfer or assignment and shall provide city with an executed agreement, in a form reasonably acceptable to City, by the purchaser, transferee or assignee providing that the purchaser, transferee or assignee expressly and unconditionally assumes all the duties and obligations of Developer under this Agreement. (c) concurrently with any such sale, transfer or assignment, or within fifteen (15) business days thereafter, Developer shall provide City with written evidence and I -12- Ordinance Number /oZ9~ . documentation, of a form and substance satisfactory to city, demonstrating the e~perience, capability, competence, and financial ability of the proposed buyer, transferee, or assignee to carry out and "complete development of the Project in accordance with the terms of this~greement. Any sale, transfer or assignment not made in strict compliance with the foregoing conditions shall constitute a default by Developer under this Agreement. 22.2 Release of Transferrinq OWner. Notwithstanding any sale, transfer or assignment, a transferring Developer shall I continue to be obligated under this Agreement unless such transferring Developer is given a release in writing by city, which release shall be provided by city upon the full satisfaction by such transferring Developer of the following conditions: (a) Developer no longer has a legal or equitable interest in all or any part of the Property. (b) Developer is not then in default under this Agreement. (c) Developer has provided City with the notice and executed agreement required under paragraph (b) of Subsection 22.1 above, and with evidence and documentation satisfactory to city as required under paragraph (c) of Subsection 22.1 above. 23. CooDeration in the Event of Leqal Challenqe. In the event of any legal action instituted by a third party or other governmental entity or official challenging the validity of any provision of this Agreement, the parties hereby agree to cooper- ate in defending such action. Each party shall pay its own expenses in connection with such defense. In the event of any litigation challenging the effectiveness of this Agreement, or I any portion hereof, this Agreement shall remain in full force and effect while such litigation, including any appellate re- view, is pending. . 24. Pro;ect as a Private Undertakinq. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between City and Developer is that of,a government entity regulating the development of private property by the owner of such property. 25. Em1nent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by City of its power of eminent domain. 26. Authoritv to Execute. The person or persons executing this Agreement on behalf of Developer warrants and represents that they have the authority to execute this Agreement on behalf of their corporation, partnership or business entity and warrants and represents that they have the authority to bind Developer to I the performance of its obligations hereunder. -13- I I I ordinanc~ Number ~~~~ 27. Recordation. This Agreement and any amendment or cancellation hereto shall be recorded in the Office of Official Records of the County of Orange, by the city Clerk within the period required by Section 65868.5 of the Government Code. 28. Protection Of Mortqaqe Holders. Nothing contained herein shall limit or interfere with the lien of mortgage hold- ers having a mortgage made in good faith and for value on any portion of the Property. "Mortgage holder" includes the bene- ficiary under a deed of trust, and "mortgage II includes the deed of trust. 29. Severability of Terms. If any term, provision, cove- nant or condition of this Agreement shall be determined invalid, void or unenforceable, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to enforce. 30. Subsequent Amendment to Authorizinq Statute. This Agreement has been entered into in reliance upon the provisions of the statute governing development agreements (Government Code Section 65864 - 65869.5 inclusive) in effect as of the Agreement Date. Accordingly, subject to Section 13.3 above, to the extent the subsequent amendment to the Government Code would affect the provisions of this Agreement, such amendment shall not be applicable to the Agreement unless necessary for this Agreement to be enforceable or unless this Agreement is modified pursuant to the provisions set forth in the Agreement and Government Code Section 65868. 31. InterDretation and Governinq Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. 32. Section Headinqs. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 33. Incorooration of Recitals and Exhibits. Recitals A through L and attached Exhibits "A" through ~ are hereby incorporated herein by this reference as though fully set forth in full. 34. Rules of Construction and Miscellaneous Terms. 34.1 Gender. The singular includes the plural; the masculine gender includes the feminine; "shall" is mandatory, "may" is permissive. 34.2 Time of Essence. Time is of the essence regarding each provision of this Agreement in which time is an element. 34.3 CooDeration. Each party covenants to take such reasonable actions and execute all documents that may be necessary to achieve the purposes and objectives of this Agree- ment. 35. Effect on Title. Developer and City agree that this Agreement shall not create an encumbrance on any portion of the Property which is sold to a purchaser of a home or an ultimate -14- Ordinance Number /d.,?~ user of any portion of the Property to be used for other than residential purposes. The parties have executed this Development Agreement on the date and year first written above. Dated: , 1989 MOLA DEVELOPMENT CORPORATION, a California corporation By: Its: By: Its: "Developer" Dated: , 1989 CITY OF SEAL BEACH, a municipal corporation of the State of C81w . By' ~- . Mayor "cityll ATTEST: By: City Clerk APPROVED AS TO FORM: By: City Attorney Dated: , 1989 CALIFORNIA COASTAL COMMISSION By: Executive Director "Commission" -15- I I I I I I Ordinan~e Number /~J?~ STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On ,19 , before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as or on behalf of MOLA DEVELOPMENT CORPORATION, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said state STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On ,19 ,before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as or on behalf of CITY OF SEAL BEACH, the municipal corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said state STATE OF CALIFORNIA ) ) ss. ) COUNTY OF On ,19 ,before me, the undersigned, a Notary Public in and for said State, personally appeared , personally known to me or proved to me on the basis of satisfactory evidence to be the person who executed the within instrument as or on behalf of CALIFORNIA COASTAL COMMISSION, the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. Notary Public in and for said State -16- Ordinance Number ~ ?~ P~OOF OF PUBLICATION (1015.5 C.C.P.l STATC OF CALIFORNIA. County 01 Or;,nlJ~ I am a cilil~n of Ihe United Slutes und a resident or 'he Counly uforl'~aid: I am over fhf.." iH)C at ('iqhh.~l'n yellr'i. ,'lnd not u p.Jrty to or interc"...tc-(i In the 11bove'l~ntltIL'd matt!.?',., I ,.m 111(' pr,ncipal clerk 01 Ihe prIJ,'er 01 Ihe <;[AL n[ArH JUUJ/NH .................................................... .................................................... .1 newspuper of gcneral circul.ltion, printed unct publlshl'd .....w~.~.~,~~.................... , . S[AL U[MII 10 Ih" C,ty of .................................. C.ounly 01 Or.:lngll, .1nd.' wlllch news. pdp~r h.1'i b....en .u'iuuCJl'd LI rll'WI"PdP('( 01 l)l'n('r.l1 clrcul.:lIJon by 1I1e ~uperlur Cou" of tne County of Orange'. ';I.lle 01 Colliforni.l. under the dolle ol...:'::?:'. I? .7.~. Cuse Number .An:>.5JJ.1....: Ih.lt IMnol,c". 01 which the' ,lnm'xed is a prinh'd copy (~~t in Iypo! nol sln,lller lhun nonp.1reilJ. nilS b,'en publ,shed in c'olch r('gul'" ..nd ('nlire ls'c;Ul' of c;,ilid n(ioWo;pc.lpcr dnd nof In (lflY supp!('n1l'nl Ih"reol on 'he follOWing dales. to-wi!' .. .....~.. ~W/~.~_?.......... '.. ... ,.. .... all in th" yl'<1( 19....., I cerfdy (or declur,,) under penalty 01 per,ury Ih.lf Ihe' IOr('goIl19 is 'rut' ,)11(1 corr('C1. D.lll'd ill S[AL G(ACII ......................................... ., .c.l' QQ C,llif(lr(J.lh,s..........~ 01...:..... 19 :':.!. '" ~~!.'.!n1.! :?-:~~: ~'.'/v.yty./i-\ S,qnafU((' ..,~. ",.a",.1' , ~I "'" "'.'.11 IIIIIn III., II. ."",.u Irlllll CAI.IFORNIA NEWSPAPER SERVICE nUREAU, INC. l.t'9i11 Advertising Clearing House 120 We,' ~'UCOI"J SI,. Los An9l!1~" C"lif. 90011 Tel~phon~: I;'nl &?',';>~41 Plr.u "Cl....hll~l. Nf MAL "'o"t Of p"bllrlllon "".11 whlo:o"'h,'tou ""'11 This space is for the County Clerk's Filing Stamp I "c.'...., .' "'" - 'lilwili (. IV' ,\.Ie.... '_r H C(;..J\ l~ Proof of Publicalion of ..... .1?:-,;,~!.0.:~:r~'~!~!.... .'~~'~.MN)-Y:~!:...... H en.. V\l'\~ KCkN\J...h .......................................................... NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN lllal "'" Planning Commloalon 01 "'" C1iy 01 Seal_ WIiJ I10Jd a pullllc'-lng on WeclnHClay. Sap_ 20. 1_ a. 7:30 p.m. In the City Council Cham bars. 211 Elghtt1 Strael, Seal Baach. Cabfomla. III __dlo f0l- lowing il8m: - IlEVELCPIIENT _'lEIiEHr. HEWIAN IIANCII . NOAlH OF PACiFK:__ W. AND_OF SEAL IIUCH IOIUYAJIO IlaqU8Ol: To applOVll """Oowlop- men! Agreement (or the Henman Ranch SpocIftc Plan ... ~ 355 '1/lgIa ral!lllr ".,d._ 1S:1i2 acrll of community parks. 38.88 .era. of wallandllopan .paco and 11.25 8ct8I lot Gum G_ PaItl. EnWonmo.... AavIaw: T1i18CIIvIII' II Within the scope o' the Environ- menl8llmpoct Roparr for Iho Amond- fld Hollman Ranch Spoclllc Plan which WSI _ III' "'" Chr Coun- 01 III' "'" adciplIon 0I1IoIoIuIIon No. 3734 on Nwembar 18. 11187 and "'" Supplomonl8l En,;ronmenllll Impact Report for Iho HoImIn Ranch SpocII. ic Plan which WSI,.,nIfiod br 1110 City ColI1CII by 1ho adopIIon 0/__ No. 3824 on July 17. 1_. TI10 pre- ....... Envlrcnmiinrallmpact R~ and Supplom.nl8l,Envlronmanla1 Impact RoJlO/l acIoqua1i!Y '.bas ""'_~for""'purpoI- .. of CE~ lIIld no funhor onvIran- monlal_il,"",i1.d. ApplloanI: MoIa Oowlopmorn -..r:Hollma"P__ . Al ""'._.... ~'1'I8c!o! 011_- ..tad person. may be heard 1110 _. DATED dll. 181 day .. Saptembar, ll1ll8. LDt WHnTENBERO ~ ~nt_, ~121.1ll8S PubllSheci In 1ho __ Journal. ~ ~ &1..--: 7 ~~ I I I I I Ordinance Number ~~~~ EXHIBIT "A" LEGAL DESCRIPTION OF PROPERTY Vesting Tentative Tract Map 13198 EXHIBIT "B" PERMITS AND APPROVALS CONSTITUTING DEVELOPMENT PLAN Parcel Map 86-349 Vesting Tract Map l3198 Specific Plan Coastal Permit Corps of Engineers Permit Buiilding Permit Mello-Roos Community Facilities Act of 1982 Ordinance Number I~~.l I~ EXHIBIT C AMENDED HELLKAH SPECIPIC PLAN Prepared for: City of Seal Beach Seal Beach, California I Prepared by: Mola Development Corporation 4699 Jamboree Road Newport Beach, CA 92660 (714) 250-0700 Contact: Mr. Kirk S. Evans Mr. Timothy N. Roberts July 1989 :1 I I I section I. II. III. Ordinance Number ~~~~ TABLE 01' CONTENTS PIIae INTRODUCTION. . 1.1 1.2 1.3 1.4 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .I-1 Authority and Scope........... a. Original Specific Plan..... b. Amendments to the Specific Goals and Objectives Based on City Policies......I-2 Location and boundaries. Project History......... . . . . . . . . . . . . . . . . . .I-l .................. .1-1 Plan. . . . . ... .. . . . . .1-1 ... . ...... .1-2 . . . . .I-3 . . . . . . LAND USE DEVELOPMENT PLAN...... II. 1 II.2 II.3 II.4 II. 5 . . . . . . . . . . . . . . . . . . . . . . . . .II-l Land Use Distribution and Location......... Special Features........................... a. Grading and Geotechnical Considerations. b. Residential Architectural Design Concept. c. Landscaping.................. . . . . . . d. Circulation.................. Funding of capital Improvements. Public Facilitie~.............. Wat~'t'........ . . . . . .II-l .II-2 .II-2 .II-2 .II-4 .II-4 . . . . .......... .II-6 .II-7 . .II-7 . .II-7 . . a. b. . Sewer...................... . . . c. d. Drainage............... Parks and Recreation... Soiid Waste Disposal... Energy Infrastructure.. Schools. . . . . . . . . . . . . . . . . . . . . . . ..... .11-8 ......11-9 ....II-IO " .II-10 ...II-ll .II-ll . II-ll .II-ll e. f. g. Relevant Planning Programs. .." a. Seal Beach Redevelopment Plan. b. Local Coastal Plan (LCP)...... . . . . . . . . . . DEVELOPMENT STANDARDS. III.1 III. 2 III. 3 III. 4 III.5 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . III-l Introduction............... Definitions................ General Development Notes. Planning Area 1....... a. Purpose and Intent..... b. Permitted Users.......................... .111-5 c. Uses Subject to Conditional Use Permit.... .III-5 d. Site Development Standards.. .0' .III-6 Planning Area 2.............................. . 1II-6 a. Purpose and Intent...........................III-7 b. Permitted Uses......................... .III-7 .III-7 .III-7 " ....III-1 ... . III-I ..... .1II-1 ... ..111-5 . . . . . . , . . . . . . ......111-5 c. d. Uses Subject to Conditional Use Permit. site Development Standards............. Ordinance Number /~~ TABLE OF CONTENTS (continued) section PIIae 111.6 Planning Area 3................................ .111-7 111.7 Planning Area 4................................. 111.7 a. Purpose and Intent...........................III.? b. Permitted Uses...............................III-7 c. Uses subject to Conditional Use Permit.......III.7 d. site Development Standards...................III-7 111.8 Planning Area 5.................................111.8 a. Purpose and Intent...........................III-8 b. Perm.itted Uses..... .. . . ... . . .. ... . . . .. . .. . . ..111-8 c. Uses Subject to Conditional Use Permit.......III-8 d. site Development Standards...................III-8 111.10 Planning Area 7.................................111-8 a. Purpose and Intent...........................III-8 b . Permitted Uses............................... 111-8 c. Uses Subject to Conditional Use permit.......III-9 d. Site Development Standards...................III-9 111.11 Model Home Standards............................III-9 III.12 Walls/Fences and streetscapes...................III-9 III.13 Project Identification Signs....................III-9 III.14 Refuse Collection Areas........................III-10 III.15 Lighting....................................... III-l0 IV. IMPLEMENTATION PROCEDURES...............................IV-l IV.l precise Plans.................................... IV-l IV.2 Subdivision Map Filing and Review Procedures.....IV-2 IV.3 Conditional Uses and Variances...................IV-2 IV.4 Administrative Adjustments.......................IV-2 IV.5 Amendments to the Specific Plan..................IV-3 ADDendice. A. Resolution B. Mandatory Findings I I' I I I I Table 1I-2 rr-2 ." \ . Ordinance Number ~~~ . LIST 01' TABLES ~ Amended Hellman Specific Plan Uses.................II-l Planned Arterial Highway Classifications...........II-6 Ordinance Number /.29~ LIST OF EXHIBITS Bxhi})it :rollClWll PIIa8 1-2 1-3 II-l II-l 1I-2 II-5 II-8 II-8 II-9 II-9 1.1 1.2 I!.l I!.2 I!.3 I!.10 I!. 11 II.12 I!. 13 II.14 Regional Location Map Vicinity Map Land Use Development Plan Illustrative Site Plan Grading Plan Circulation Plan Water Facilities Plan Sewer Facilities Plan Soils Subsurface Plan Drainage Plan {1 I I I I I I ~ - , Ordinance Number /..29~ . SECTION I INTRODUCTION 1.1 AUTHORITY AND SCOPE I.l.a. ORIGI~L SPECIFIC PLAN The original Hellman Specific Plan was adopted in 1981 by the City of Seal Beach and was authorized by the following: o Title 7, Division 1, Chapter 3, Articles 8 and 9 of the California Government Code (Section 65450 et. seq.). Pursuant to these provisions, the Planning Commission may, or shall if so directed by the City council, prepare specific p~ans based on the general plan and drafts of such regulations, programs and legislation as may, in the judgment of the Planning Commission, be required for the systematic execution of the general plan. Such a specific plan may include all detailed regulations, conditions, programs and proposed legislation which may be necessary or convenient for the systematic implementation of each element of the general plan. o Division 24, Part 1, Chapter 2, Articles 4 and 12 of California Health and Safety Code which relate to preparation and adoption of redevelopment plans amendments thereto by the Redevelopment Agency. the the and o Division 20 of the California Public Resources Code (which is known as the California Coastal Act of 1976), Chapter 6, Article 2, sections 305l0, 30511 and 30513 which require the submission of zoning ordinances, zoning district map or other implementing actions to the Regional Commission following local government adoption. I.l.b. AMENDMENTS TO THE SPECIFIC PLAN All amendments to the Hellman Specific Plan, including the current amendment and future amendments, shall comply with the Ca~ifornia Government Code, sections 65500-65507 and Article 29.5 of the Seal Beach Municipal Code. section IV.5, of the specific plan outlines specific plan amendment procedures. 1.2 GOALS AND OBJECTIVES BASED ON CITY POLICIES The amended Hellman Specific Plan has been prepared to reclassify and redesign portions of the original Hellman Specific Plan Project Area. The amended specific plan effort has been undertaken to preserve and enhance the land use goals and policies of the original Hellman Specific Plan, through an overall reduction of dwelling units and the incorporation of additional open space. The concepts, regulations and conditions established by the amended Hellman Specific Plan provide for a diversity of land uses and development standards that are created specifically for the Hellman Property. Ordinance Number J.'~~ . The Hellman Specific Plan is consistent with the goals and policies of the Seal Beach General Plan and is intended to implement each of the General Plan Elements. The Hellman Specific Plan functions as both a ministerial and regulatory document in that it provides the opportunity to unify the concepts, procedures and regulations of numerous documents (includinq the general plan, the zoning ordinance and th~ implementation component of the City of Seal Beach Local Coastal Plan) into a single text. The Hellman Specific Plan, adopted by ordinance, establishes the type, location, intensity and character of development to take place, while providing for creative and imaginative community design concepts to respond to unique site conditions. Alternative zoning requlations, development standards and other regulations have been incorporated into the Hellman Specific Plan in return for increased development sensitivity and community amenities to serve the present and future residents of the City of Seal Beach. I.3 LOCATION AND BOUNDARIES I The 225-acre Hellman Specific Plan Area is located within the City of Seal Beach, California, as shown in the regional location map (see Exhibit I.ll. The Orange County/Los Angeles County border line forms the northwestern boundary of the plan area. The irregularly-shaped parcel is generally bounded on the extreme western corner by Pacific Coast Highway, on the northwest by the Orange County/Los Angeles County border line and the Los Angeles Department of Water and Power cooling channel, on the north by a small segment of Westminster Avenue, on the northeast by the Rockwell International space Research Center and city facilities located along Regency Avenue, on the east by Seal Beach Boulevard and on the south by residential development within the Marina Hill I neighborhood. I I I I . , /"zf,.z, Ordbnance Number A 10. VAN NUY8 ARCADIA SAN OASRIEL LA VERNE . REVERL Y ~ HILL8 COVINA WEST COVINA #' 'SAN ~AROINO grA~G~L::A C~~~~E C:;TY . . "'~L'" . . YORBA ,..... ~ LINDA o FULLERTON PLACENTlA WHITTIER . .. . . o ::E Regional Location Map Hellman Ranch Specific Plan ~OlJW @(P ~~~[l lID~~~[}{] ~ 1III......Kr~.."--- rn .... 0 I I 3 8 MILES EXHIBIT L 1 Ordinance Number ~9~ The amended Hellman Specific Plan does not change the boundaries of the original Hellman specific Plan Area. The amendment revises land use designations and residential densities only within a 149~ acre portion, proposed for development. Exhibit I.2 indicates the boundaries of the Hellman Specific Plan Area and the Mola Project Area within it. I.C PROJECT HISTORY The Hellman Specific Plan was originally adopted in 1981 by the city of Seal Beach. The adopted plan designated the Hellman property for single-family and multiple-family residential, oil production, flood control and public park uses. In the original specific plan, 1,000 dwelling units were allowed on 110.5 acres of the site. An EIR (SCH No. 81040953) was prepared and certified by the city of Seal Beach prior to the adoption of the Hellman Specific Plan. During the late 1980S, the Hellman family sold a 149-acre parcel of their property to the Mola Development Corporation. In 1986, Mola Development Corporation notified the city of Seal Beach that they would be preparinq an amendment to the Hellman Specific Plan. An EIR was also prepared to evaluate potential environmental effects associated with this amendment. The amended Hellman Specific Plan revises the land use desiqnations on the 149-acre Mola Project Area to allow development of 355 Single Family Homes with a Community Park containing approximately 16.2 acres, a 10.4 acre wilderness park and 39.9 acres of open space/wetlands. The oil production and flood control land use designations in the amended specific plan remain unchanged from the original specific plan. I I I I -- I I Ord~nance Number /~~~ , , -' < z -'z <0 >- <... z~ J:<II UCI) <z lUo lDll. -'<' <lU l:l~ ~ lU a: !: :r< <II uz ... z< U <-' lU a: II. ... zU 0 <U: ~ ::Eo, < ~UI ...j lUll. 0 lmi -' -,< -,z 'lUO ~i ~~ t < z o ;:: -'u o~ ... )( lU < z i ::E < ... lU ... II. ;:: -' ;) ::E J j ] . . "'N IU . lU - ... 01- voiij .. - _:I: X III vo .. "-co "- o ~J. 0- m '2 >- ;'= C '0 :> C2:5 ~@ c.~ .~ I!!lB - .O@ ~d cn~ .cl.\!!!! O(jfjj) C n1[!!b a:@ C n1~ ,gl? -= ~@ Ordinance Number /~~ . SECTION II LAND USE DEVELOPJlEHT PLAN 11.1 LAND USB DISTRIBUTION AND LOCATION The development plan for Hellman Specific Plan divides the project site into six planning areas. Each planning area is associated with its own specific land uses. Primary land uses within the I Hellman Specific Plan include single-family residential, open space/wetlands, community park, flood control basin and oil production. Table II-l indicates acreage of the various land uses, and permitted number of dwelling units for each of the six planning areas. section III of the specific plan sets the precise development standards for planning areas 1 and 2, and general development standards for planning areas 3 through 7. The general loca~ion of all principal land uses is shown on Exhibit II.l, Land Use Development Plan and depicted in schematic form in Exhibit II.2, the Illustrative site Plan. All construction within the specific plan area shall conform to Exhibit II.l and to the development standards established in Section III herein. TABLE II-l AMENDED HELLMAN SPECIPIC PLAN USES Planning Area Land Use Acres DIU I 1 Single Family 76.2 355 2 Park 26.6 3 Wetlands/Open Space 37.9 First Street 9.0 Subtotal 149.7 4 Oil Production Future Dev l5.0* 5 Flood Control Basin 35.3 7 Oil Production-Future Dev 25.0 Subtotal 75.3 Total Hellman Specific Plan 225.0 355 * possible opportunity for a 5-aore city park. It is oontemplated this area will be purchased by the City from property Owner at Area 4. I PROPOSED SPECIFIC PLAN DESIGNATIONS'" AREAS PLANNlNG AREA ~ t&!!!it ~ MOU PIIOJECT SITE 1 ~-, Gum Grow_ ~_ 26A Wtotloncla/Opon llpooc. :J7" Anl_ Il.O _lolol 14g.7 M; 5 .., EXHIBIT 11.1 6/26/69 Ordinanc~ Number HELLMANEDpROPERTY MOLA DEVELOPMENT COMPANY Ordinance Number o ,-- i ',,- r t ,- -- Ordinance Number /.:z 9.2.. 11.2 SPECIAL FEATURES 11.2.. GRADING AND GEOTECHNICAL CONSIDERATIONS The Seal Beach area lies at the coastal edqe of the Los Angeles Basin. The area is underlain by thick marine and nonmarine sediments of Miocene through Pleistocene ages. Surface elevations within the Hellman specific Plan Area range from approximately 66 feet at the southern boundary of the property to near sea level at the central portion. The Seal Beach Fault, which is a segment of the 50-mile-Iong Newport- Inglewood Fault zone, extends diagonally through the central portion of the property. Oil company exploration wells of the property during the past half century have identified the Seal Beach Fault at a depth of ove~ 4,000 feet. In accordance with the Alquist-priolo Act of 1972, as well as the recommendations of the 1980 geotechnical study (Meqall, Aragon, Worswick & Associates, 1980) of the Hellman Specific Plan Area, no habitable development will be permitted to be placed across the fault or within the 50. feet of either fault boundary. The proposed project in planning areas 1, 2 and 3 will require approximately 1,350,000 cubic yards of cut and 1,435,000 cubic yards of fill. The cut areas are located generally in the elevation portion of the project and in the open space/wetlands area in the west central portion of the project. The fill areas are generally in the south edge and in the community park area. Proposed elevations within the project site range from -2 in the wetlands area to approximately 40 in the easterly area along Seal Beach Boulevard. II.2.J) RESIDENTIAL ARCHITECTURAL DESIGN CONCEPT This section of the specific plan describes the intended treatment of architecture for the single-family residential projects. It is the intent of the Hellman Specific Plan that the residential neighborhoods have distinctive architectural themes, which may include Mediterranean, Cape Cod, Country French, and English Tutor. Plannina Area 1. Sinale-Familv Community The single-family community is located within the planning Area l, in the south and eastern portions of the project site. Ordinance Number /:t9~ STATISTICAL SUMMARY 355 Slog!. _y __ 76.2 """'" (50'.100' Mill. Lot _, Gum Grow ParI< 10.' """'" Communlly """' 16.2 """'" Opon ~IW_ 37"_ FirIIt SlftM ..0_ 1OllU. 355 UNITS l'U_ SINGLE FAMILY DETACHED HELLMAN PROPERTY MOLA CJEVELOPt.IENT COMPANY CIu<:h~ - ~ LEGEND ~ CUT AREA FILL AREA CUT WETLANDS EXCAVATION Cut 1,350,000 Fill 1,435,000 EXHIBIT 11.3 6126189 I I I Ordinance Number ~-2~~ The single-family homes are grouped into three different areas. They are buffered from the existing residences to the south by Gum Grove Park and a 30' landscape setback. The lots are a minimum of 5,000 square feet. The individual parcels are planned around a curvilinear street pattern with numerous cul-de-sacs 'to establish sub- neighborhoods. Section III of the specific plan outlines site development standards for Planning Area l. Plannina Area 2. Communi tv Park The community Park is located in Planning Area 2 adjacent to the open space/wetlands and between two residential areas. Automobile access is provided from both First Street and a proposed local road. Pedestrian acc~ss is provided from the end of numerous cul-de-sacs and through Gum Grove Park. A variety of facilities are proposed, including tennis and basketball courts, picnic areas, tot lot, free play areas and a passive duck pond area: These facilities will be integrated in a safe and pleasing manner. The Community Park will be improved by Applicant and dedicated to the City. II.2.c LANDSCAPING The Hellman Specific Plan general landscape design guidelines,are intended to set forth the general character of streets, parking areas and entries within the Hellman Specific Plan Area in order to create a cohesive landscaped image. Prior to any tentative tract approval, a preliminary landscape plan will be approved by the Director of Development Services for streets, parking areas and entries within the proposed tract. The submitted landscape plan should reflect the following qualities: 1. Landscape materials will enhance the major architectural design elements through the coordinated use of shrub and leaf colors, tree forms, plant material masses and lighting. 2. Grouped masses of plant material will complement architectural elevations and roof lines through color, texture, density and form on both the vertical and horizontal planes. 3. Native and drought tolerant plant material shall be used to the extent feasible. 4. A combination of landscaping, fences and walls shall be used on the perimeter of the properties to define property limits, separate use areas and provide onsite security. 5. Landscaping, fences and walls, or a combination, shall be used on the perimeter of properties to visually screen and/or physically enclose outdoor storage areas, loading docks and ramps, transformers, storage tanks and other appurtenant items of poor visual quality. Ordinance Number /~ 9,,2, :[]:.2.e CIRCULATION The provision of adequate transportation is an important concern for any development program. The Hellman Specific Plan calls for the use of a variety of transportation modes to facilitate the convenient and efficient movement of people within the specific plan area. I Local residents, guests and commuters all share the circulation system, and each has their own transportation needs. The Hellman Specific Plan attempts to provide a circulation system that better accommodates all users with the following objectives: o provide convenient access to Planning Areas 1, 2 and 3. o Improve safety and efficiency of the existing circulation system. o Facilitate commuter traffic on Pacific Coast Highway by minimizing cross traffic and providing alternative routes for local residents. o Encourage and accommodate public transportation. o Accommodate a bikeway system that encourages the use of bicycles. Arterial Hiqhwavs Exhibit II.10 illustrates the circulation system for the specific plan area. The city of Seal Beach's circulation element differentiates arterials by their street widths (right-of-way). Table II-2 provides the Seal Beach arterial highway classification for roadways within the vicinity of the Hellman Specific Plan. Roadways within the vicinity of the Hellman Specific Plan include PCH and Westminster Avenue. I TABLE II-2 PLANNED ARTERIAL HIGHWAY CLASSIPICATIONS Street city of Seal BeachRight-of-Way Classification (feet) First Street Private streets, planning Area Private streets, Planning Area Connector First to Regency Seal Beach Boulevard westminster Avenue Pacific Coast Highway Secondary Street 1 principal Street 2 Principal Street Principal Street Not Major Arterial Hwy Primary Highway primary Highway 80. 36 36 establishedb 120 lOa 100 'I a Initial improvement will provide for a 40-foot curb to curb width and 80-foot right-of-way with full improvement tied to traffic demand. b Right-of-way width will be determined in conjunction with precise alignment studies prior to final tract map recordation. STATISTICAL SUMMARY 355 Slog!. _y Ilom<oO 76.2_ (SO'OIOCY Mln. Lot _, Gu.11 Grow """' 10.' """'" Communlly _ 16.2_ Opon ~IW_ 37" """'" FbI Sn.t - TOTAl. 355 UNITS 14t.7 -.. SINGLE FAMIlY DETACHED HELLMAN PROPERTY MOLA DEVEl..OPMENT COMPANY Clucll~ . ...._ Pe<ldian EXHIBIT 11.10 6126189 Ordinance Number ~ ~ ~ ~ v ~ ,r ..,.; :"'" LEGEND PRIMARY ARTERIAL HIGHWAY SECONDARY ARTERIAL HIGHWAY .... MAJOR ARTERIAL HIGHWAY LOCAL STREET " Ordinance Number /,2 fJ, A major priority is the implementation of a public roadway from Seal Beach Boulevard to Pacific Coast Highway as a part of this project. First Street is shown as the public roadway connection to Regency and Seal Beach Boulevard. PubliCI Transi~ The Hellman Specific Plan Area is currently served by Orange County Transit District (OCTO) which has a route (Route 1) which travels from Ximeno Street in Long Beach south along Pacific Coast Highway (PCH) through Seal Beach. OCTO has a second route in Seal Beach (Route 42) that travels down Seal Beach Boulevard to Electric Avenue; Electric Avenue to Main Street; Main Street to Bolsa Avenue; Bolsa Avenue to Balboa Street; and Balboa Street to PCH before returning via Main Street, Electric Avenue and Seal Beach Boulevard. In addition, Long Beach Transit has a route in Seal Beach which travels on Marina Drive from Long Beach to PCH, PCH to Main Street, Main Street to Electric Avenue and Electric Avenue to Marina Drive. Bikewavs Bikeways within the Hellman Specific Plan regional area include Pacific Coast Highway, Seal Beach Boulevard, westminster Avenue and the San Gabriel River. II.3 FUNDING OF CAPITAL IMPROVEMENTS In order for the project to be fiscally self-sufficient, the following options can be considered for implementation. A landscape and lighting district and landscape agreement can be implemented in order to defray the costs associated with street maintenance and street light costs. Along with this maintenance district, an agreement will be entered into at the subdivision level between the city and property owner to implement an assessment to help defray costs associated with the development. It is anticipated that this assessment will be a minor cost and serves only to defray costs, and not as a surplus revenue source. ,- I I Additionally, a variety of other financing options are being considered by the city of Seal Beach for financing facilities and services to be provided within the Hellman Specific Plan. These include (1) establishment of a Mello-Roos Community Facilities District, which enables governmental entities to finance public infrastructure on a tax-exempt basis; (2) special assessment districts; (3) benefit assessment financing (generally reserved for drainage, flood control and street lighting); (4) integrated financing districts (Le., landowner assessments which are contingent upon development); and (5) redevelopment financing. Of these options, the Mello-Roos community Facilities District has been given the most consideration to date. As conceived, establishment of the district would enable the city to levy a special tax, and to issue bonds for financing of the improvements and services. Among the facilities which could be financed are the recreational uses, open space, flood control, drainage, utilities, street improvements and facilities, and related uses. The district provisions for those services would cover all phases, including planning and design, acquisition, construction, operation and maintenance. --. II.4 PUBLIC FACILITIES II.4.a WATER An adequate water supply is necessary to serve new development within the specific plan area. The water system serves the demands of residents, recreational and landscaped uses and firefighting activities, as necessary. I I I . \ ~, ;n/:?'J Ordinance Number /"'Y~ . Water for domestic use and landscape irrigation will be provided by the city of Seal Beach Public Works Department. currently, the City of Seal Beach provides water to its service area from four wells, that have a total pumping capacity of approximately 11.2 million gallons per day (mgd) or 7,800 gallons .per minute (gpm). Additionally, the City of Seal Beach owns approximately 3.9 mgd (2,700 gpm) capacity in the Metropolitan Water District's Feeder No. 2. The City's combined capacity is 15.1 mgd (10,500 gpm). currently the City experiences a daily average demand of 3.2 mg (2,200 gpm) and a maximum daily demand of 4.1 mg (2,850 gpm). Development within Planning Areas 1 and 2 will require an approximate daily average of 0.27 million gallons, a maximum daily demand of 0.53 million gallons and a peak hour demand of 0.93 million gallons of water for domestic and irrigation uses. The maximum daily demand, peak hour demand and fire flow requirements of the project can be met with the City's existing supply capacity. Water service within Planning Areas 1 and 2 will be provided through a variety of water mains. Water service within Planning Area 1 is provided through an 8- inch water main, which is located beneath the private streets. Water service within planning area 2 is provided from the 12" mains located in First Street. II.C.b SEWER The provision of adequate sewerage facilities is an important prerequisite to development. A sewerage system in an urban area like Seal Beach is composed of shared, public pipelines and related facilities which collect and transport water-borne wastes away from individual homes, treat the waste and then dispose of it in a manner that is not detrimental to the public health or to the environment. Collection and treatment of sewage in Seal Beach is accomplished by a combination of city and county facilities which include pipes, pump stations and treatment plants. Local wastewater is collected and conveyed through Seal Beach facilities to the county Sanitation District Plant No. 2 in Huntington Beach where it is treated. The treated effluent is then disposed of through the existing ocean outfall. The Hellman Specific Plan Area is located within District 3 of the Orange county Sanitation District. Due to the contour of the terrain, two pumping stations will be required, one at the westerly corner of the Wetlands and First Street and the second one in the central portion of the project near First Street. The sewage from the westerly portion of the project will be collected at the wet well at Pumping station #1 and pumped to the wet well at Pumping station #2 from which it will be pumped to the City of Seal Beach's main line in Seal Beach Boulevard. This main originates at the city's sewage pumping station at Seal Beach Boulevard and Electric Avenue. Pumped sewage is conveyed in a 16-inch force main some 4,250 feet to the high point in Seal Beach Boulevard. From this point, the sewage flows by gravity and by the CSDOC's Seal Beach Pump station. The Seal Beach pump station pumps the raw sewage into two 16-inch force mains to westminster Avenue interceptor which is a subtrunk of Knott interceptor. The Knott interceptor terminates at CSDOC' s Treatment Plan No.2. Exhibit II.12 illustrates the sewerage system for Planning Areas 1 and 2. The local sewage collection system, onsite pump stations and the forcemains in Planning Areas land 2 have been designed in accordance with the City of Seal Beach Public Works Department standard design guidelines for the design of improvements. brdinance Number /~~~ . II.4.e DRAINAGB The purpose of the Hellman Specific Plan drainage system is to convey water away from property and streets. The drainage system is designed to prevent flooding during heavy 'storms. Rainfall constitutes the most important source of water runoff; however, activities, such as landscape irrigation and washing cars also generate water runoff which must be removed and disposed of. The Hellman Specific Plan Area is part of the Los Alamitos drainage I basin located within the westernmost corner of Orange County. The existing drainage system within the specific plan area is a small portion of a much larger network which includes regional flood control channels maintained by the county and tributary drainage facilities maintained by the city. The drainage area within Hellman Specific Plan consists of approximately 149.7 acres, and is tributary to the southwest corner of the property. The Hellman property (i.e., 50 acres northerly of Planning Areas 1, 2 and 3) will also drain in a westerly direction, but not across Planning Areas 1, 2 and 3. Surface water will be retained ~nsite as at present. I' I WATER FA~S PLAN CluCh ~ng """""" EXHIBIT 11.11 6/26/69 SINGLE FAMILY DETACHED HELLMAN PROPERTY MalA DEVELOPMENT COMPANY 355 Slog!. _y _ (50'.,00' MOl. Lot SIn, Gum__ CommunIly ParI< Opon llpooc./WeUanodo FlroI SlftM 76.2 """'" 10.4 """'" 16.2 """'" 17.._ g,O """'" '.7_ Ordinance Number ./ '.v':' /~ ~.:- '~ /IA -- ~. LEGEND 18. WATER MAINS' 111111,.11,.,111 8. WATER MAINS 12" WATER MAINS m x :r: OJ =i N :~I ~;r:~ ~rn~ ~~i ~~~ ~);~ 0:2:2 ~ ~ ~~ ~ gj -i --< en m :E m :0 ~ C1 r= ~ ffi (f) "'C r )> Z W m x ~ Z G) 'i1 o JJ o m s: )> z J~ " G) C o JJ ~ ~ -l s: -< ~ (J) z m ~ m JJ ~i P Ii! if o 11 p" 1-" ::l PJ ::l () (D z s:: a tJ' (D 11 " Orqinance Number /.:2~ . .' r r-- Planning Areas 1, 2 and 3 are relatively flat except in the easterly and southerly portions where elevations vary from 45 feet (at the easterly end of the property) to -1.0 feet (at the southwesterly end). Exhibit II-13 indicates the different soil groups located within Planning areas l, 2 and 3. Existing on site soils are considered suitable for use as fill materials except for the peat pocket which will be removed and exported. Based on the soil reports, existing areas will have to be removed and recompacted as noted. Drainage facilities have been designed to minimize the infiltration of surface water. The Flood Insurance Rate Map for the Hellman Specific Plan area designates the area as minimal flooding potential. Flood protection within Planning Areas 1 and 2 will utilize the 38 acre open space/wetlands as a retarding basin. The onsite storm drain system is sized to prevent flooding in the streets for a 10-year frequency storm. Where sump conditions do not exist, and for sump areas below an elevation of 10 feet, storm drains will be sized for 25-year flows. The performance of the recommended system was,tested under the 24-hour, l,oOO-year storm runoff. Under these conditions, flood elevations will increase but the structures will be a minimum of 1 foot above flood level. Exhibi t II. 14 illustrates the drainage system within the Planning Areas 1, 2 and 3. II.C.d PARKS AHD RECREATION r The Hellman Specific Plan provides a variety of recreational opportunities for Hellman Specific Plan residents and other city residents as well. Recreational opportunities within Hellman Specific Plan include: . o Community Park o Gum Grove Park o Jogging/Par course trail system connecting Gum Grolfe Park to the Community Park o Baseball Diamonds. Other recreational opportunities with easy traveling distance of Hellman specific Plan Area include Edison park, Marina Park and Eisenhower Park and public beaches. . a 5-acre parcel located within Planning Area 4 may be purchased 'from the retained parcel owner. r- I I 1108 1'tlIOI,:j8nS 1.::108 ~ ..::raquInN a;)u1?u1'p..::ro ON3~31 _0"8 _a'le _Z091 _0'01 - Z'9l s.u.n 1:SE "1Y.101 -SltJt~ -"MIo..os UOdo lI"'dAI~ lI"'d"""'O~ (Rl'S 101 ..... ,OOI.,OS) ~A""""'''J6<lpsSSE ru ""'P\JOQ --.. . llu-..tlu3 "".nc I-.MIdIVOO .lN3Wdo73N3(] V-,o;y A1CJ3dOCfd N'ttW773H G3HOV130 Xl/Wt/:f 37fJNIS 6alaZJ9 C ~'II 1181HX3 Ordinance Number STATISTICAL SUMMARY '- 355 SlngI. F.....y lio..... 76.2~. (50"'00" lAIn. Lol SIn) Gum Grow _ 10.4 """" C<Hnmonl.y _ 16.2 Ac". Open Spac./WeU.ndlI 37.' A'''.. Flrol S_ - TOTAl. 355 UNITS 14$.7 Acr.. ll-01' ^ .~1 CltC ~ r^Ml~i ~"'w"'" LEGEND CATCH BASIN STORM DRAINS SURFACE FLOW POINT DISCHARGE SINGLE FAMILY DETACHED HELLMAN PROPERTY MOLA DEVElJJPMENT COMPANY EXHIBIT 11.14 6/26189 DRAINAGE PLAN a..dl Engonoe.-ng . ""'_ Potidan (S1 ~ Ordinance Number /,t9~ The City of Seal Beach has established a standard of five acres of local park land for every 1,000 residents. Hellman Ranch will generate a population of 1,243 residents (Hellman Ranch Specific. Plan EIR, 1987), therefore Hellman Ranch is required to provi~e approximately 6.22 acres of local parks. Gum Grove Park is identified in the city's Open Space Element as a special use park, which is defined as a place where unique recreational activity is provided. The Conservation Element shows Gum Grove as a forest which provides a nature area for passive recreation and a buffer between the single family homes and oil extraction operations on the Hellman property. The objective is that the community should preserve the groves of eucalyptus trees. Gum Grove Park shall be dedicated to the city. - \ I I -.J XX.4.. SOLXD WASTB DXSPOSAL Solid waste generated in Planning Areas 1 and 2 will be disposed at the Coyote Canyon Landfill located on Coyote Canyon Road near Bonita canyon Road in Irvine. When the Coyote Canyon Landfill reaches capacity, the Bee Canyon Landfill (located off Sand Canyon Road in the foothills above Irvine) will serve as the designated replacement site (Howard, 1987). Within the City of Seal Beach, solid waste is picked up and disposed of by Briggeman Disposal Service (Seal Beach Disposal) . XX.4.! ENERGY INFRASTRUCTURE Electricitv The Hellman Specific Plan Area is located within the service area of the Southern California Edison Company (SCE). The seE has indicated that they can serve the electrical demands of Planning Areas 1, 2 and 3. _.J Natural Gas The Hellman Specific Plan Area is located within the service area of the Southern California Gas Company (SCG). The SCG has indicated that they can serve the natural gas demands of Planning Areas 1, 2 and 3. n.4.q SCHOOLS The Hellman Specific Plan Area is located within the Los Alamitos Unified School District. Students within the Hellman Specific Plan area will attend the following schools: MaGaugh Elementary 1698 Bolsa Avenue Seal Beach McAuliffe Middle School 4112 Cerritos Avenue Los Alamitos Los Alamitos High School 3591 Cerritos Avenue Los Alamitos .' I. I I. Ord~nance Number ~~~~ II.5 RELEVANT PIJUmING PROGRAMS II.5.. SEAL BEACH REDEVELOPMENT PLAN A. portion of the project site is located within the Riverfront .Redevelopment Area. The redevelopment area was established in March 1969 and included areas east of the San Gabriel River and the Pacific Electric right-of-way. In December 1976, the City of Seal Beach adopted an ordinance to amend a portion of the city redevelopment area which encompassed the project site. The ordinance amended the redevelopment plan by designating the area within the Hellman specific Plan on the redevelopment plan map. II.5.b LOCAL COASTAL PLAN (LCP) The Coastal Act, designed to protect and enhance coastal resources, is manifested through Local Coastal Programs (LCP's) which are required of each of the 15 counties and 53 cities along the California coast. Each LCP consists of a land ~se plan (LUP) and implementing mechanisms. When certified, the LCP becomes binding on all developments within the coastal zone. Key issues covered by the plan include beach access, recreation, parking, and the locating and planning of new development. The land use plan (LUP) element of the local coastal plan (LCP) for the city of Seal Beach was adopted in Fe~ruary 1983. The draft LCP was conditionally approved by the california Coastal Commission in 1983. At such time as the conditions are met, the LCP will be certified by the commission. The LCP incorporates the general plan land use categories and designations, with some minor modifications, of the Hellman Specific Plan. When the LUP was adopted in 1983, the City incorporated the Hellman Specific Plan land use designations for the project. The City is reviewing the Amended Hellman Specific Plan to determine whether it is consistent with the Seal Beach Local Coastal Plan. , SECTION III DEVELOPMENT STANDARDS I.tI.l INTRODUCTION The following development standards implement the Hellman Specific Plan. The regulations are pursuant to Article 8, Authority for and Scope of Specific Plans of the Planning and Zoning Law of the Government Code, and in compliance with the provisions of section 65450 of the Government Code and Article 29.5 of the Seal Beach Municipal Code. The Hellman Specific Plan Development Standards are adopted for the purpose of promoting the health, safety and general welfare of Hellman Specific Plan residents. 111.2 DEFINITIONS Mola Pro;ect Area: .Planning Areas 1, 2 and 3 of the Hellman Specific Plan. Hellman PrODertv: Planning Areas 4, 5, and 7 of the Hellman Specific Plan. Hellman SDecific Plan Area: Planning Areas 1, 2, 3, 4, 5, and 7 of the Hellman Specific Plan. Ordinance Number /-2.,;l Director: The Director of Development Services. Buildinq Heiqht: "Building height" means the vertical distance measured from the average level of the highest and lowest point of that portion of the building site covered by the building to the highest point of the roof peak. Parkinq Soace: Parking spaces within the Hellman Specific Plan shall be 9 feet x 18 feet with provisions for compact at 8 feet x 15 feet. Setback Area: The area between the building line and the property I line, or when abutting a street, the edge of the curb. Setback Distance: The distance between the building line and the property line or when abutting a street, the edge of the curb. Street Level: The elevation measured at the centerline of the public street adjacent to the front setback at a point midway between the two side property lines. III.3 GENERAL DEVELOPMENT HOTES The following project provisions shall apply to all developments and land uses within the Hellman Specific Plan Project Area. L Unles's otherwise specified, all development within the Hellman Specific Plan shall comply with the City of Seal Beach Municipal Code. Terms used herein shall have the same meaning as defined in the city of Seal Beach Municipal code unless otherwise defined herein. I 2. Any details or issues not specifically covered by this specific plan shall be subject to the regulations of the City of Seal Beach Municipal Code. 3. The approval of development within the specific plan area shall be governed by Section 65450 et. seq., of the State of California Government Code. 4. All construction within the boundaries of the specific plan shall comply with all provisions of the Uniform Building Code and the various mechanical, electrical and plumbing codes adopted by the City of Seal Beach, as established by Section 5 of the Seal Beach Municipal Code. 5. Modifications to the specific plan which do not give rise to a conflict with the intent of the specific plan as approved, may be approved at the Planning Director's discretion. 6. An EIR which analyzes the worst-case situation for the cumulative impacts of physical development as proposed by the specific plan, has been certified by the City Council and is referenced hereby. 7. Any land use designation not specifically covered by the I amended Hellman Specifie Plan shall be deemed inappropriate. 8. If any regulation, condition, program or portion thereof of the specific plan is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and the invalidity of such provision shall not affect the validity of the remaining provisions hereof. I I I ordittance Number ~~~~ . 9. The maximum number of allowable dwelling units is established for each residential planning area as specified in the land use development plan (Exhibit II.l); any planning unit designated for residential use may be developed up to the maximum number of allowable dwelling units. Such relilidential development shall be subject to the residential development standards stated within Section III herein. 10.The Hellman Specific Plan establishes precise development standards for planning areas 1 and 2. Precise development standards for planning areas 4 through 7 will be established at a later date through the specific plan amendment procedure outlined in section IV herein. 11. Applicable mitigation measures as contained in the Hellman Specific Plan EIR (1987) and DEIR 1989 shall apply to the implementation of this specific plan. 12. Mitigation measures adopted for this specific plan and attached herein are adopted as conditions of approval and shall be addressed either through the specific plan process or subdivision and/or precise plan review process. 13. Except as otherwise indicated, planning area dimensions and road alignments generally follow the land use development plan (exhibit II. 1) . Minor adjustments in planning area boundaries reSUlting from technical refinements and/or final road alignments will not require an amendment to the specific plan. 14. Common Area Landscaping. All commonly owned property exclusive of structural improvements shall be landscaped with a combination of trees, shrubs, and ground cover. Landscaping shall be provided with automatic irrigation system. Approval of landscape plans for commonly owned property shall be obtained pursuant to Precise Plan Review, Section IV. 15. Subsequent studies that are needed and definitive plans for noise mitigation of units located near arterial highways or petroleum extraction areas shall be submitted for review and approval at the time a precise plan is considered, as shown in Section XV.l. That means to reduce the oil well noise to an acceptable level shall be identified and implemented through the precise plan review. 16. Satellite dish antenna may only be erected in conformance with Municipal Code Section 28-2350. 17.Roof mounted solar collector panels shall be flush mounted where possible and painted to match roof surface color. Where panels cannot effectively perform if flush mounted, justification in the form of efficiency calculations are required. 18. Bicycle facilities shall be provided in the community Park areas as approved by staff. 19.A construction schedule shall be established prior to issuance of building permits which includes a limitation on heavy earth moving activities to between the hours of 7:00 a.m. and 8:00 p.m. as approved by the Director of Development Services. All construction requirements of Chapter 130 of the Municipal Code of Seal Beach. Ordinance Number /2. '1:t 20. If during grading, abandoned oil pipelines or other similar facilities are discovered, these facilities shall be properly abandoned. 21. Subsequent soil investigation reports shall be prepared prior to building permit issuance to thoroughly evaluate soil issues related to the site, including, but not limited to: liquefaction, settlement, ground lurching and potential hazardous substances. I 22. Existing powerlines located at the site shall be placed underground. Existinq 66KV lines may be moved, if applicable, and approved by Southern California Edison and the City of Seal Beach. All power lines serving the project shall be placed underground. 23. Seal Beach Boulevard shall have a ten foot landscape setback from public right-of-way. 24. Bermed landscaping shall be incorporated wherever possible within the landscaped setback and shall be required adjacent to any parking lots. 25. Private streets serving the single family residential units with on-street parallel parking permitted on both sides shall have a minimum paved width of 36 feet. A minimum 4 foot sidewalk shall be provided on one side of the private streets. The paved street width (including sidewalks) shall constitute the total right-of-way for purposes of establishing setbaqk lines for structures. 26. The developer shall dedicate a 80 foot riqht-of-way for the I construction of First Street. The developer shall construct First Street to a width of 40 feet. At such time as travel demand warrants, First Street shall be expanded to its full 80 feet right-of-way. 27. The minimum floor area for single-family homes shall be 950 square feet. 111.4 PLANNING AREA 1 111.4.&. PORPOSB AND IHTBHT Planning Area 1 is established to develop and maintain single-family residential neighborhoods with 5,000 square foot lots as a minimum. Only those nonresidential uses which are necessary and complimentary to a residential neighborhood are permitted. III.4.b. PBRMITTBD OSBS I l. One single-family dwelling per lot. 2. Accessory buildings, including garages, storage sheds, patio covers. Ordinance Number /-29'..2.. 3. Public and private parks. 4. Private-community recreation facilities. 5. Temporary structures or enclosures as material storage incidental to construction activities, subject to Section 28-2320 of the Municipal Code. 6. Model homes, model home sales office, subject to Section III.3 of this Specific Plan. I 7. Home occupations as defined in section 28-239. 8. Swimming pools. 9. provisions for day care, group homes and second units in accordance with the California Government Code. 10. Security Gates III.4.o. USES SUBJECT TO CONDITIONAL USE PERMIT o Such other uses as the Planning Director may consider to be within the intent and purpose of the specific plan. III.4.d. SITE DEVELOPMENT STANDARDS l. Maximum density: I dwelling unit per lot. I 2. Minimum lot size: 5,000 square feet. 3. Maximum lot coverage: 50 percent. 4. Setbacks: Front 18 feet or 8' with a provision for an automatic rOll-up garage door; Rear 15 feet; side 4 feet; side-on garage condition lO feet. 5. Parking: Minimum two covered spaces per unit. 6. Landscaping: A preliminary landscape plan is required for precise plan review for streets cape and onsite landscaping. A final landscape plan and irrigation plan is required prior to building permit issuance. All plans shall be reviewed and approved by the Planning Director. 7. Building Height: Thirty-two feet, maximum two stories. III.5 PLAJOr:ING AREA 2 I III.5... PURPOSE AND INTENT Planning Area 2 has been established as a community park and Gum Grove Park. The community park is proposed as an active facility to be improved by the developer. The total gross acreage of the park is approximately 16.2 acres. Gum Grove Park will contain a total acreage of 10.4. Ordinance Number I"Z f~ III.5.!). PERMITTED USES 1. Greenbelt and conservation corridors 2. Hiking, biking 3. Landscape planting 4. community identification signage 5. Parking lots 6. Memorials and monuments 7. Fencing 8. Active recreation I III.5.c. USES SUBJECT TO CONDITIONAL USE PERMIT Such other uses as the Planning Director may consider to be within the intent and purpose of the specific plan. III.6 PLANNING AREA 3 Planning Area 3 has been established as open space/wetlands. Total acreage is approximately 36.7 acres and, prQviding governmental approval, may be restored as a viable wetlands. ' Wetlands plans shall be developed in conjunction with developer and governmental agencies. III.7 PLANNING AREA .. I,. III.7... PURPOSE AND INTENT Planning Area 4 is established as a holding area for future development. Planning Area 4 is currently in oil production which is an interim land use. The duration of this activity is undetermined. At the termination of oil production activities, it is anticipated that urban land uses will be developed within Planning Area 7. These land uses shall be determined through the specific plan amendment procedure outlined in section IV. A 5-acre parcel for recreation use may be purchased by the city. III.7.!). PERMITTED USES Permitted uses shall be established at a later time through the specific plan amendment procedures in Section IV, herein. III.7.c. USES SUBJECT TO CONDITIONAL USB PERMIT I Shall be established at a later time through the specific plan amendment procedures in section IV, herein. I I' I Ordinan1::~ Number /..29..2. III.7.d. SITB DBVELOPJlBNT STANDARDS Uses subject to a conditional use permit shall be established at a later time through the specific plan amendmen~ procedures outlined in Section IV, herein. III.8 PLANNING ARBA 5 III.8.a. PURPOSIil AND INTIilNT Planning Area 5 has been established as a flood control basin. The flood control retention basin is under the ownership of the orange County Flood Control District. There is an opportunity for recreational use of the basin by the city of Seal Beach based upon an agreement for such use between the city and the district. III.8.b. PBRMITTIilD USIilS PER OlUUfGB COtJN'1'Y FLOOD CONTROL DISTRICT APPROVAL: 1. Greenbelt and conservation corridors. 2. Hiking, biking. 3. Landscape planting. 4. Tree, bush, vine and field crops. 5. Community identification signage. III.8.a. USIilS SUBJECT TO A CONDITIONAL USE PERMIT Such other uses as the Planning Director may consider to be within the intent and purpose of the specific plan. III.8.d. SITE DBVELOPJlBNT STANDARDS Specific development standards for planning area 5 shall be established at a later time through the specific plan amendment procedure in Section IV, herein. 111.10 PLANNING AREA 7 III.l0.a. PURPOSB AND INTENT Planning Area 7 is established as a holding area for future development. . Planning Area 7 is currently in oil production which is an interim land use. The duration of this activity is undetermined. At the termination of oil production activities, it is anticipated that urban land uses will be developed within Planning Area 7. These land uses shall be determined through the specific plan amendment procedure outlined in Section IV. :III.l0.b. PIilRMITTED USES Permitted uses shall be established at a later time through the specific plan amendment procedures in Section IV, herein. Ordinance Number /.29.2- . In:.10.c. USES SUBJECT TO CONDITIONAL USE PERMIT Uses subject to a conditional use permit shall be established at a later time through the specific plan'amendment procedures in Section IV, herein. 111.10.4. SITE DEVELOPMENT STANDARDS Site development standards shall be established at a later time I through the specific plan amendment procedures in section IV, herein. III. 11 MODEL HOME STANDARDS Temporary real estate offices, and model homes for public viewing, may be located on any new subdivision in any planning area provided that such uses, if in any residential zone, shall be removed or converted to permanent uses, at the end of the 12-month period measured from the date of the recording of the map of the subdivision upon which said office is located. with the approval of the planning director, a temporary real estate office and model homes may be approved for additional time. III.12 WALLS/FENCES AND STREET SCAPES 1. All walls, fences, hedges and screen plantings shall comply with Section 28-2316 of the Seal Beach City Code. 2. Walls constructed for noise mitigation purposes may exceed the maximum height limitations if shown and required through a noise study. All walls constructed for noise mitigation 'I shall be constructed of masonry block. 3. A security wall shall be constructed adj oining remaining petroleum extraction areas. 4. Tract fencing wall shall be constructed adjoining the existing residential units. The design and materials for this fence will be reviewed and approved through the precise plan review process by the Planning Director, and shall maintain a consistent aesthetic theme. III. 13 PROJECT IDENTIFICATION SIGNS All signage for the project shall comply with Article 18 of the Seal Beach city Code. III. 14 REFUSE COLLECTION AREAS Any refuse collection areas outside of the single-family homes shall I consist of a wall or fence, 6-feet in height, surrounding the refuse bin and be accessible by a gate of sufficient width to allow the bin to be removed and which is constructed in a manner and of materials that blend architecturally and aesthetically with the main structures. ordina~c~ Number ~~~~ UI. 15 LIGHTING All lighting shall be installed and maintained in such a manner as to confine direct rays to the premises and prevent direct rays or glare onto neighboring properties. Lighting fixtures and intensity of lighting shall be sul:lject to the review and approval of the Planning Director. I SECTION IV IKPLBMBNTATION PROCBDURES IV.l PRECISE PLANS The Hellman Specific Plan shall be implemented through the use of precise plans. Precise plans establish development guidelines for proposed structures or improvements and their arrangements for each planning unit within the specific plan area for the following reasons: I 1. To ensure consistency with the Hellman Specific Plan. 2. To encourage innovative neighborhood design and development. 3. To assure substantial long-range compliance with the City of Seal Beach Local Coastal Plan the redevelopment plan and the general plan, where applicable. 4. To promote the highest contemporary standards of site design. 5. To adapt to special or supplementary development standards that may be necessary from time to time to implement the Hellman Specific Plan. 6. Provisions for precise plan review are shown in Article 29 of Chapter 28 of the Seal Beach Municipal Code. 7. The Seal Beach Planning Department shall determine the form and content of the application for precise plan review. 8. The fee for the precise plan review shall reflect the actual cost to review and process the project. The applicant shall deposit with the City the estimated costs to process the project. 9. Along with the submittal requirements of Article 29, section 28-2903, the applicant shall supply: I a. A preliminary landscape plan, addressing streetscape and project landscaping themes. b. Architectural elevations drawn to scale, including samples of exterior materialS, textures. Ordinance Number j,.fl'i:t c. Precise sign plan showing location, size, colors, and letter type of all proposed signage. d. Preliminary grading plan, showing areas of proposed cut and fill, location of all pieces, and height of cut and fill. e. Such other information as may be needed and deemed appropriate by the Development Services Department. Precise plans shall be required prior to or concurrent with final map I approval for all planning units within the specific plan area. Authority for approval of precise plans shall rest with the Planning Director" Proponents for projects within individual planning units are encouraged to submit preliminary plans for review and comment by the Planning Department prior to the final preparation of a precise plan. Please refer to the Seal Beach City Code for further information of processing precise plans. IV.2 SUBDIVISION HAP FILING AND REVIEW PROCEDURES All subdivisions within Hellman Specific Plan Area must comply with Chapter 21 of the Seal Beach City Code and the Subdivision Map Act. IV.3 CONDITIONAL USES AND VARIANCES Applications for all conditional use permits and variances within the Hellman Specific Plan Area shall be prepared and processed in accordance with Article 25 of the Seal Beach City Code. IV.4 ADMINISTRATIVE ADJUSTMENTS PURPOSB il The purpose of this section is to grant authority to the Director of Development Services or designee to take action on requests for minor modifications or adjustments to "Site Development Standards II when such requests constitute a reasonable use of property not permissible under a strict literal interpretation of the regulations. Administrative Adjustments are intended for special circumstances of hardship and not applicable to entire subdivision site development standards in the case of the residential property. Administrative Adjustments may allow the following: 1. A decrease of not more than lO percent of the required building site area.. 2. A decrease of not more than 10 percent in any required side yard building setback. 3. An increase of not more than 10 percent in the. permitted height of a fence or wall, subject to city approved structural design. 4. An increase of not more than 25 percent of the permitted projection of steps, stairways, landings, eaves, overhangs, I masonry chimneys, fireplaces, or room additions into any required rear yard building setback. 5. An increase of not more than 10 percent in the permitted building height. I, I I Ordinance Number /P2?;'t, IV.S AMENDMENTS TO THE SPECIPIC PLAN The procedures for amending the Hellman Specific Plan shall be consistent with Article 29.5 of Chapter 28 of the Seal Beach Municipal Code. ' Prior to approving any , amendment to the Hellman Specific Plan, the City Council shall find that: 1. The amendment is consistent with the city of Seal Beach Local Coastal Plan as certified by the California Coastal Commission. 2. If within the redevelopment area, the amendment is consistent with the city of Seal Beach Redevelopment Plan. 3. The amendment is consistent with the city of Seal Beach General Plan. 4. The amendment will reflect residential densities and land use intensities compatible with adjacent land uses within the ,specific plan area. Ordinance Number /~q~ I APPENDIX A lUlSOLU'rIOH I I Ordinance Number ~~~~ ORDINANCE NO,/~~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH. ADOPTING THE AMENDED'HELLMAN SPECIFIC PLAN, The City Council of the City of Seal Beach does hereby ordain as fo llows : I WHEREAS: A reques~ was tiled by Mola Development Corporation to amend the existing Hellman Ranch Specific Plan. prepared and adopted in June of 19S1. and: WHEREAS: The property is zoned Specific Plan Zone (SPR). which requires the 'adoption of e .pecific plan in conformance with the General Plan prior to any improvements undertaken on the site. and, WHEREAS: A complete land use study covering the subject property was cammIssioned and undertaken. and has resulted 1n ths preparation of a specific plan in accordance with Section 29.5 of the C~ty'. Municipal Code. and Sections 65450 through 6~457 ot the California Government Code. and: WHEREAS: A public .hearing betore the City Council to consider the Specific Plan was duly called. noticed and held. and: I WHERE~: Pursuant to the California Environmental Quality Act. Final EIR 81-1 has been prepared. certified. and considered which adequately addressed the general environmental setting of the proposed project. its significant environmental impacts. and the alternatives and mitigation measures related to e.ch signific.nt environment.l effect of the proposed project, The City Council hes considered the information contained in the Final EIR 81-1 prior to epprov.l of thi.~lj~t. The City Council has .dopt.d Resolution No. ~. which discu.s.s .11 significant .nvironment. effects .nd corresponding mitigation measures, together with the requi.it. finding. .nd fact.. .nd h.rein incorpor.t.d by reterence, and: The continued activity ot 011 extraction 1n Sections 7 .nd 8. i. d..med to b. .ppropri.t. due to th.ir curr.nt productivity and .stim.ted lif..pan. It i. acknowledged th.t oil .xtr.ction m.y not r.pre.ent the ultim.te use of the land. .nd .t such time th.t such actlvit!es will cease. an amendment to the current plan will b. requir.d. .nd; WHEREAS WHEREAS: A portion of the .pecific pl.n the Riv.rfront Redevelopm.nt propo..d project i. con.i.tent .ap as ..ended. which allow. re.ldentlal co..~nity, and: .re. is loc.ted within proj.ct Are.. .nd the with the City'. pl.n .nd for the develop.ent of . WHEREAS: Thi. ...nded .p.cific pl.n will .up.rc.de .nd r.pl.ce the pr.viou. pl.n within the City'. l.nd u.e compon.nt ot the City ot S.al Se.ch Local Coa.tal Plan. and .erv. .. the n.c....ry p.rti.l implem.nting .ction for .uch coa.tal plan. Further. that the ..ended Hell..n Sp.cific Plan i. con.i.t.nt with the gO.l. .nd polici.. of Ch.pt.r 3 of the California Co..t.l Act of 1918. and: WHEREAS: The establishment and implementation of the plan .. submitted, under the circumstances ot this case, will not b. d.trim.ntal to the health. ..fety. comfort. or general welfare of the persona residing in the area at .uch propo.ed u.e. evidenced by the following findings: I 1- 2. The proposed project is consistent with the City's General Plan a. ..ended and adopted. Rea.onable altern.tives to the plan and their implic.tion. h.ve been con.ider.d. Th. public golf cour.e pr~.ides for . re..on.ble buffer b.tw.en the .xi.ting .ingle f.mily hom.s and the propo.ed residential unit.. . The various component. of the plan are sensitive to the .n~ironm.ntal and public policy imp.ct. of the d.v.lopment. Admini.tr.tion of the integr.t.d into the City'. .y.t... Appropriate mitigation ....ur.. are incorporated in the pl.ri to ensure th.t conc.rn. identifi.d .t this level of pl.nning will be re.olved .. p.rt of the more d.t.il.d pr.cis. pl.n .nd .ubdivi.ion review which mu.t be completed before development .ay proceed, and: 3. 4. 5. pl.n i. thoroughly development proc.ssing 8. Ordinance Number I'~~~ WHEREAS: The establishment, maintenance, and operation of the plan as submitted will not be injurious or detrimental to the neighborhood of the subject property, nor to the general welfare of the City of Seal Beach, and should be approved, and; WHEREAS: Sectlon II ot the plan is established to discuss apec!.l iS8ues. capital improvementa, and funding options, along with a breakdown of land uses, and the land use map: Section III is established ae development etandards: and Section IV i. the administrative procedures necessary to implement said regulations, and; WHEREAS: Exhibit II. 1 of the amended. specific plan ia herein established as the land uae plan and ahall preeent the devalopment guide for tha area. WHEREAS: The Planning Coasleaion consldared the amended specific plan during a public haaring, and rscoassnd adoption of this plan to the City Council, by the adoption of Resolution 141S. I NOW, THERtPORE, the City Council of the City of Seal Beach, California doea hareby approve the amended epecific plan for the Hellman Ranch area, ae est forth in exhibit "An attached, eubject to the chang.. enclosed a. Attachaent ",A". STATE or CALIPORNIA COUNTY or ORANGE SS CITY or SEAL BEACH I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the forego~ng ordinance is an original copy of Ordinance Number /02~ on file in the office ~th~ City Clerk, introduced at a meeting hald on the I~ day of _6'~/' 6..,/ , 1981, and passed, approved and adopted by the City ouncil ot.the City of Seal ~~ch at a meeting thereof held on the /''!f. day of fl.l:1."~ .4~, 1981, by the following vote: I /: I Councllmsmbers AYES. N025: ABSEIl'l': Councllaeabers and do hereby further certify hae been published pursuant Resolution Number 2836. that Ordinance Number to the Seal Beach City /c?9 Charter and I Concl11ll..beI'8 " '- I /' ."1'\. , . ,: r ~L"'~I'" ~_.lI7\... ....Ll Clerk: (... City I I I I Ordinance' Number ./,2".z . APPENDIX B MUmATORY FINDINGS ON THE HELLHAH RAIICH SPECIFIC PLAN PINAL SUBSEQUENT ENVIRONMENTAL IMPACT REPORT Ordinance Number I.',z~ SECTION 1 INTRODUCTION The Environemental clearance process for the amended Hellman Ranch Specific Plan commenced formally with the circulation of a Notice of Preparation on 18 February 1987. Subsequently, three scoping sessions were held at the City of Seal Beach City Hall. A Draft Subsequent Environmental Impact Report (EIR) was circulated for public review on 17 July 1987. The Draft EIR review period officially ended 8 Septem- ber 1987. The Final Subsequent Hellman Ranch Specific Plan EIR was prepared in September and October of 1987, and includes responses to public comments on the Draft EIR. A new Supplemental EIR was prepared in March 1989 to address further alternatives. I Based on an analysis of the proposed project and on public EIR focused on the following environmental impact areas: input, the o Geology and Soils o Hydrology/Water Quality o Cultural Resources o Land Use o Biological Resources o Air Quality o Noise o Transportation/Circulation o Public Services and Utilities o Aesthetics I In addition, the EIR considered three alternatives to the project, including the no project/no development alternative, development of the site in conformance with the existing general plan desig- nation and the adopted specific plan for the site, and the proposed project plus a hotel, SECTION 2 FINDINGS OF SIGNIFICANT EFFECTS 2.1 FINDINGS The CEQA and the CEQA guidelines (Section 15092) require that: I No pUblic agency shall approve or carry out a project for which an EIR has been completed that identifie~ one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by a brief explanation of the rationale for each finding, Ordinance Number ~~~ The following findings are made by the City of Seal Beach City Council in accordance with CEQA requirements. The findings address potential impacts that would result from the Implementation of the proposed Hellman Ranch Specific Plan, A detailed description of potential environmental impacts and proposed mitigation measures is contained In the Final EIR which is on file at the City of Seal Beach. I In addition to the documentation of pot.ential impacts identified in the Final EIR. the fOllowing section also presents rationale in support of the findings. made. The mitigation measures proposed will be incorporated into the project prior to or concurrent with project implementation. 2.2 SIGNIFICANT UNAVOIDABLE ADVERSE IMPACTS There are no significant unavoidable adverse impacts associated with the Hellman Ranch Specific Plan. Consequently. the City Council need not issue a "Statem~nt of Overriding Considerations," per Section 15093 of the State CEQA Guidelines (as amended). 2.3 SIGNIFICANT MITIGATED ADVERSE IMPACTS I Significant adverse environmental Impacts that would be mitigated are listed below. The City Council finds that these significant adverse Impacts are mitigated to a level not considered significant. A. Geology and Soils Statement of Effects: 1. The site Is traversed by the Seal Beach Fault (a segment of the Newport-Inglewood Fault). This fault is considered to be potentially active. I 2, Llqueflcation is considered to be a significant potential hazard for development of the site. Single family residences are proposed in areas designated as having low-to-moderate poten"tial for liquefaction. Multiple famlly units are proposed in a potentially mOderate-to-high liquefaction area. Findir,gs: Changes or alterations have been required in, or incorporated into. the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Ordinance Number 1..l.9.2 Finding for Effects No.: AI. A2 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency 01' can and should be adopted by such other agency. I Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, Finding for Effects No.: Substantial Evidence: AI, a, The design of structures on the project site shall be in accordance with the latest Uniform Building Code. AI, b, No human occupancy structures shall be placed within 50 feet of either side of the 20-foot Seal Beach Fault zone (i.e,. a 120-foot corridor), as recommended in the 1981 Study by Medall. Aragon, Worswick and Associates. I A2. a, No special earthwork measures will be necessary in the low liquefaction potential areas, Single family structures will be supported on conventional continuous wall footings and floor slabs on grade, A2. b, In moderate liquefaction potential areas, single family structures shall be supported on a rigid mat-type foundation constrl!cted on a 3- foot blotting layer, Also, a 6-foot compacted fill blanket shall.cover all lots. A2. c. In mOderate-to-high liquefaction potential areas. the proposed multiple family structures shall be supported by foundations suitable for moderate-to-high liquefaction. The design of the foundation shall be provided after final development plans are completed.. and subject to approval of a soils engineer. I I ,I I , -,>' Ordinance Number /,Z,~ B. Hydrology!Water Quality Statement of Effects! 1. Three areas containing surface hydrocarbons may be decreasing the quality of surface water runoff during storms and may be contributing to the degradation of groundwater quali ty, 2. Two areas adjacent to the project site (one on the Seal Beach Naval Weapons Station to the east. the other on the Oak woods Apartments, to the west) could potentially be classified as hazardous waste sites. If the Oakwood site Is so classified (under the State Superfund program). a border zone could be established on the areas within 2,000 feet of the sites; such a zone would include portions of the project site, 3a. ,The onsite storm drain system is sized to prevent flooding in the proposed streets for a 10-year frequency storm, Also. for sump conditions. the storm drains are sized for 25-year frequency storms, Sumps are areas that fill during storms because there are no outlets, The project site contains sumps in the central and southwestern portions of the site. Under 24-hour flows within the drainage basin, and flows within the drainage basin from 100-year frequency storms, flood elevations would increase and inundation of on-site roads and golf- course areas could occur; however. the proposed structures on-site would be a minimum of one foot above the flood levels, 3b, The Orange County Los Alamitos Retarding Basin, north of the site, recei.ves drainage from areas north of the basin. This facility is sized to contain up to 200 acre-feet of water, with a pump station designed to divert water out of the basin and into the San Gabriel River at a rate of 450 cubic feet per, second (cfs). The retarding basin levee elevation is approximately 7 feet and the upstream watershed areas are approxi- mately 3 feet. Therefore, flooding will occur In the upstream areas before the levee Is overtopped. It Is not know what precise level of flood protection Is provided by this retention basin to upstream or on- site areas under current development conditions in the watershed area. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identifjed In the final EIR. Finding for Effects No.: Bl, 82a. B3 Ordinance Number I';Z~~ Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency, Finding for Effects No.: B2b Specific economic. social or other considerations make infeasible the mitigation measures or project alternatives Identified in the final EIR. I Finding for Effects No.: Substantial Evidence: B1. The three areas on the site that currently contain surface hydrocarbons shall be cleaned up under the supervision of the State Department of Health Services. In addition, at the subdivision level, the project propo- nent shall further study the extent of groundwater contamination, If any, on the project site. If necessary, a mitigation program should be implemented to restore and maintain water quality standards in the onsite groundwater basin. B2, a. If the Oakwood Apartments are designated as a State Superfund site, the project proponent shall obtain a variance or have the border zone classification removed from the project site by the State Department of Health Services. The classification shall be removed or a variance granted prior to developing the portion of the site that is classified as a border zone, Factors that would be taken Into account--both in assessing whether to designate an area as Hazardous Waste Property and In considering a variance or border zone classification removal--would Include the hazardous characteristics of the wastes, conditions influencing movement of the waste constituents. and factors affecting exposure of humans to the wastes, I. B2. b. The Seal Beach Naval Weapons Station has indicated that remediation will be accomplished for the underground fuel storage tank located east of Seal Beach Boulevard. B3, Prior to project approval, the project proponent shall submit final I drainage plans to the City of Seal Beach Public Works Department. Such plans shall demonstrate that the on-site storm drain system is adequate to prevent a) street flooding in a IO-year frequency storm; b) sump flooding In a 25-year frequency storm; and c) structural flooding in a IOO-year frequency storm event. Additionally, these plans shall demonstrate that the site would be adequately protected from overtopping of the Los Alamitos Retarding Basin under IOO-year storm conditions, I I I Qrdinanbe'Number /t2 9...2. C. Cultural Resources Statement of Effects: I. Various archaeological sites are located on the project site. Implementation of the project would have a potentially significant impact on the archaeological areas. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR, Finding for Effects No,: Cl Such changes or alterations are within the responsibility and Jurisdiction of another public agency and not the agency making the finding, Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No,: Specific economic. social or other considerations make Infeasible the mitigation measures or project alternatives identified in the final EIR, Finding for Effects No.: Substantial Evidence: CI. Prior to initial implementation level approvals, a certified archaeologist shall be retained by the project proponent to perform a subsurface test level Investigation and surface collection as appropriate. The test level report evaluating the site shall Include discussion of significance (depth. nature, condition and extent of the resources). final mitigation recommendations. and cost estimates. Prior to issuance of a grading permit, and based on the report recommendations and city policy, final mitigation shall. be carried out. Possible determinations inClude. but are not limited to. preservation. salvage, partial salvage or a finding that no mitigation Is necessary, Ordinance Number /,2.92 D. Land Use Statement of Effects: 1. Several oil wells currently on the project site would need to be abandoned. 2. An abandoned oil well is proposed to be covered by one of the multiple- family complexes. I 3. Project implementation would impact Gum Grove Park by eliminating approximately half of the overall park acreage. 4, Southern California Edison electrical lines would require removal and the SCE fee-owned right-of-way will be impacted from project implementation. 5. The project proposes to retain active oil wells on the project site which will result in noise and aesthetic impacts. 6, The project proposes a golf driving range during the evening and nighttime hours, adjacent residents. tha t would provide lighting This lighting would impact 7. The project is not consistent with the city's land use. circulation and open space elements. I 8. The project may not be consistent with the Land Use Plan of the Local Coastal Plan. 9, The project site contains characteristics of a wetlands and is influenced by tidesj these areas would be impacted by project Implementation, Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: 01. 02. 03. 04. 05. 06, 07, OBa. 09a I Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes ha~e been adopted by the other agency or can and should be adopted by such other agency, Finding for Effects No.: OBb. 09b .Ordinance Number A2~.,z Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Finding for Effects No.: Substantial Evidence: I Dl. The p~oject proponent shall comply with the California Division of Oil and Gas procedures for proper abandonment of onsite oil wells and for onsite inspection of all oil wells on the site, D2, If. the' foundation covers the abandoned oil well. the project proponent shall provide venting of the well at least 15 feet away from the foundation, per Division of Oil and Gas requirements, Venting of the well will prevent potential methane gas from building up under the foundation. D3, The project will provide a l05-acre golf course for public use. The proponent shall work with the City of Seal Beach to develop a plan for Gum Grove Park, including features to be added and/ or retained. access to the park, and jurisdictional responsibilities. I D4, The project proponent shall obtain approval from SCE regarding purchase of, or potential development within, the IOO-foot-wide SCE fee-owned right-of-way, In addition. the project proponent shall consult with SCE regarding the relocation of the overhead electricity lines In the lOO-foot-wide easement and the relocation of the 6-lnch line In the central portion of the site, D5. Measures to reduce noise impacts Include converting oil well pumps from gas to electricity, and/or construction of masonry block walls around either the pumps or residences. The provision of mechanical ventilation In adjacent residences may also be necessary to achieve acceptable noise levels. Landscaping and/or decora tive barriers shall be provided to screen residents' view of the oil rigs. 06. Screening shall be provided for the residences south of the site to reduce Impacts from night lighting of the golf driving range. I D7. Amendments to the citi'S iand use. circulation and open space elements shall be required prior to project approval. D8, a. A determination of consistency with the Land Use Plan of the Local Coastal Plan shall' be made prior to project approval. A. coastal permit shall be obtained from the Coastal Commission. Ordinance Number /tl9:L , 08. b. Although the City' of Seal Beach has conditioned project approval upon the accomplishment of a Coastal permit, it is the authority of the Coastal Commission to determine whether the permit shall be issued. 09. a. Upon project approval, the alteration of any coastal wetland will require a Section 1600 agreement from the California Department of Fish and Game and Section 404 permit from the Army Corps of Engineers. A permit under Section 10 of the Rivers and Harbors Act may also be required from the Army Corps of Engineers. I 09, b, Although the City of Seal Beach has conditioned project approval upon the accomplishment of appropriate permits and agreements from the California Department of Fish and Game and the Army Corps of Engineers, it is the authority of these agencies to determine whether the permits and agreements shall be Issued. E. Biological Resources Statement of Effects: 1. The project as currently proposed would convert approximately 20 acres of potentially restorable coastal wetlands to urban/recreational uses. This would represent an incremental loss of biologically important wetland areas in Southern California, I 2, Project implementation would remove a portion of the eucalyptus trees in Gum Grove Park and could adversely Impact monarch populations, Tree studies have identified serious infestation by the eucalyptus long horn borer which may require tree removal regardless of project imple- mentation. 3. The installation of water hazards on the golf course may generate nuisance vector problems. such as mosquitos and snails, 4. Conversion of the site may result in the displacement of red fox into adjacent areas. such as Anaheim Bay and the Seal Beach Naval Weapons Station contributing to predation of clapper rails and least tern colonies in these locations. I 5. Construction activity would affect wildlife in the vicinity and could displac~ and ultimately reduce on-site populations of rodents and small mammals, o~dl~~~ce Number /01. p.,z Findings: Changes or alterations have been required in. or, incorporated into, the project which avoid or substantially lessen the significant environmental effect as Identified In the final EIR. I Finding for Effects No.: Ela.b. E2, E3. E4, E5 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency, Finding for Effects No.: Elc Specific economic. social or other considerations make Infeasible the mitigation measures or project alternatives Identified in the final EIR, Finding for Effects No.: Substantial Evidence: I El, a. A Coastal Permit shall be obtained from the Coastal Commission. El, b. Upon project approval. and prior to project Implementation. the applicant will obtain an agreement from the California Department of Fish and Game (CDFG) pursuant to the California Fish and Game Code, Section 1600. and a permit from the U,S, Army Corps of Engineers pursuant to Section 404 of the Clean Water Act, In addition. the Army Corps of Engineers may also require a permit under Section 10 of the Rivers and Harbors Act. El, c. Although the City of Seal Beach has conditioned project approval upon accomplishment of the permit requirements indicated in Ela and b above, it is the prerogative of the responsible agencies so Involved to determine whether the necessary permits and agreements will be granted. I E2, a. Appropriate steps will be taken in Gum Grove Park to remove only severely affected trees and stumps infected with the eucalyptus longhorn borer, In the event it is determined that some portion of the remaining eucalyptus trees should be retained, measures Including an irrigation system will be taken to minimize potential for relnfestation, as well as to protect against injury from branch failure. Ordinance Number J.,Z ?..z E2. b. The city and applicant will review the tree studies and determine what number of trees, if any, should be removed, retained or replaced. The applicant will undertake a program for the restoration and/or removal as determined through this review. If It Is determined that all or most of the trees shall be removed. landscaping of the project site will provide a local Increase in bird habitat and may offset the potential impact on wintering monarch butterflies. I E2, c. The project proponent shall conduct a late Fall survey and an early winter survey of the monarch use of the site to determine if the monarch use of the site is a temporary or permanent winter roost. E3, Insect problems potentially generated by the installation of open water hazards shall be controlled through the introduction of mosquito fish (Gambusia sp,) as a biological method of mosquito control. water circulation through the use of pumps. and/or other acceptable mosquito abatement practices, All vector control measures shall be approved In advance by the Vector Control District, Any chemicals required for vector control. as well as fertilizers applied in surrounding areas. shall be .nontoxic to the waterfowl that will also be attracted to these water hazards. E4. To 'minimize the influx of red fox Into adjacent areas, such as the Seal I Beach Naval Weapons Station, a preconstruct ion trapping and removal program shall be accomplished. E5. The developer shall undertake a pre construction trapping and removal program to reduce thje population of rodents and small mammals on the site, Grading activities would be preferable in a dry season such as fall so that It does not coincide with the height of the rodent and small mammal population cycle. F. Air Quality Statement of Effects: 1. An increase In total vehicle miles traveled (VMT) and the Increased consumption of electricity and natural gas by the site residents would result in an Increase In CO, NMHC and NOx levels. The project Is consistent with the Air Quality Management Plan (AQMP). I 2. An estimated total of 176.4 tons of fugitive dust would be generated each month of construction activity. Ordinance Number /.,:lfit . " Findings: Changes or alterations have been required in, or incorporated into. the project which avoid or substantially lessen the significant environmental effect as identified in the final ElR. I Finding for Effects No.: FI, F2 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding, Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No'.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Finding for Ef:.cts No.: Substantial Evidence: I Fl. The following measures shall be considered in project design to help reduce both stationary and mobile source emissions. Fl. a. Provision of a convenient bus stop location. subject to approval of the city engineer, n. b. Provision of bicycle storage facilities within the development that relate to planned and existing bicycle routes. FI. c. Building design in compliance with the State Energy Conservation Standards to help reduce stationary source (natural gas combustion and power plant) offsite emissions. F2. Fugitive dust shall be controlled by regular watering. paving of construction roads and/or other dust palliative measures to meet South Coast Air Quality Management District Rule 403. I . Ordinance Number lot?",Z, G. Noise Statement of Effects: 1. Twenty-two single-family residences may not achieve the city Interior noise guidelines of 45 dB CNEL in habitable rooms. 2. Three oil wells adjacent to the proposed single-family units would . impact the residences. The dwelling unit closest to the oil wells is projected to have an outdoor CNEL of 83.9 dB, This exceeds the outdoor living area standard of 65 dB and would also substantially exceed the interior noise criteria, 3, Single-family residences closest to the seven oil wells along Seal Beach Boulevard are expected to have a CNEL of 68.6 dB. Findings: Changes or alterations have been required in. or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: 01. 02, 03 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No,: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, Finding for Effects No.: I I I I I I Ord~nance Number ....., ' A.2~ Substantial Evidence: Gl. Additional acoustical analysis shall be undertaken and mitigation measures developed to ensure that noise from the existing three oil wells in the northern portion of the property does not exceed residential interior or exterior noise compatibility criteria. Possible miti- gation measures include construction of masonry block walls around either the pumps or residences, and/or converting the pumps from gas to electricity. The pro- vision of a mechanical ventilation system may also be necessary to achieve an acceptable interior noise level of less than 45 dB CNEL. G2. Noise mitigation will be required for the seven wells , along Seal Beach Boulevard, and will include converting pumps from gas to electricity, and/or construction of concrete masonry walls around the pumpsite. H. Transportation and Circulation Statement of Effects: I. The project incorporates an extension of First Street as a pUblic road from Pacific Coast Highway (PCH) to Seal Beach Boulevard, 2. The p.roposed project would impact the existing Seal Beach Boulevard/Forrestal Lane intersection, 3. Project implementation would impact the existing First Street/PCR intersection, 4. The First StreetlPCH intersection. Seal Beach Boulevard/First Street intersection and PCR/Westminster Avenue intersection would be impacted from project implementation. 9rdinance Number /;Z9~ Findings: Changes or alterations have been required in. or Incorporated into. the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: HI. H2. H3a. H4 I Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency, Finding for Effects No,: H3b. Specific economic. social or other considerations make Infeasible the mitigation measures or project alternatives Identified In the final EIR, Finding for Effects No.: Substantial Evidence: I HI. a. First Street should have an SO-foot public right-of-way through the Specific Plan area from Pacific Coast Highway to Seal Beach Boulevard. Initially, the SO-foot right-of-way for First Street can be improved with one 12-foot travel lane in each direction, with an S- foot lane for emergency parking and/or bicycling, When travel demand warrants, the road should be Improved to provide for 2 twelve-foot travellanes in each direction. HI, b. A stop sign shall be installed on the site egress driveways to First Street; parking along the First Street extension shall be restricted to maximize safety and carrying capacity, H2, The existing signal Installation at the Seal Beach Boulevard/Forrestal Lane intersection shal! be slightly modified when the First Street Extension is constructed to create a 4-way Intersection. H3. a. The existing signal Installation at the PCH/First Street Intersection should be modified when the Fir~t Street extension Is constructed. .Additional poles and mast arms will be required. These improvements will require a permit from Cal Trans. I I I I Ordinance Number /,2 9'D2. H3. b. Although the City of Seal Beach has conditioned project approval on the accomplishment of the improvements listed above, it is the authority of CalTrans to determine whether .to issue the necessary permits. H4. The following Improvements shall be provided to mitigate the impact to the subject Intersections: (1) a southbound right-turn lane and left-turn lane at First Street/PCH intersection; (2) a northbound left-tourn lane at the Seal Beach Boulevard/First Street intersection; and (3) an additional northbound left-turn lane at the PCH/Westminster Avenue intersection. L Public Services and Utilities Statement of Effects: Pollee 1. The proposed p~oject will impact the police department and will require additional officers and equipment. Schools 2. The project would generate 181 elementary students, 102 middle school students and 122 high school students, Electricity 3, Implementation of the proposed project would result in the relocation of existing electricity line. Parks and Recreation 4. The proposed project would eliminate approximately half of the overall Gum Grove Park acreage including a portion of the eucalyptus trees and the parking lot. Water 5, a. The proposed project is expected to consume 0.56 million gallons of water per day. and 1,75 million gallons per day during peak hour demand, b. An IS-inch water main would need to be upgraded and relocated. c. Adequate fire flow would be needed for the proposed project. .Ordinance Number I~ 9.2. Natural Gas 6. Implementation of the project would result in the relocation of existing gas mains, Project implementation is expected to consume for 0.5 therms per year. Findings: I Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: 11, 12, 13. 14. 15. 16 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency, Finding for Effects No,: Specific economic. social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR, I Finding for Effects No,: Substantial Evidence: 11, a. Prior to development approval, the City of Seal Beach Police Department shall evaluate the number of additional officers and equipment needed to adequately serve the project. 11. b. To enhance pollee service on the site, adequate street lighting and clearly marked street names and house numbers shall be provided by the applicant. 11. c. The applicant shall provide "neighborhood watch" signs and shall provide the funds necessary to establish a neighborhood watch I program on the site. 12. The project proponent shall provide funding to the Los Alamitos School District in. accordance with the prevailing regulations at the time construction permits are issued (currently State Assembly Bill 2926). AB 2926 allows school districts to obtain up to $1,50 per square foot for residential structures and $0.25 per square foot for commercial structures. I I I . '\. r \' j '.J t!P~ Ordinance Number /~7 4l't.J ~ 13. The project proponent shall develop a plan with SCE regarding the relocation of electricity lines and towers that are currently on the project site. 14, The project will provide a ID5-acre golf course for public use. The proponent shall work with the City of Seal Beach to develop a plan for Gum Grove Park. including features to be added and/or retained, access to the park. and juriSdictional responsibilities. 15. a, The project proponent shall submit detailed drawings of the proposed water system on the project site to the Seal Beach Public Works Department. prior to project approval, To reduce water demands, water conservation measures such as low-flush toilets and low-flow showers and faucets. shall be implemented. At the subdivision level, 'the developer shall fund a master plan water study to ensure that adequate water capacity exists to serve the development, 15. b. Approximately 2,5DD-feet of the existing IS-inch water main on the project site shall be upgraded, 15, c. The project proponent will install fire service lines on the site in accordance with County standards. 16. a. The project proponent shall consult with Southern California Gas regarding the relocation of gas mains that are currently on the project site. 16, b. Building construction shall comply with the energy conservation standa.rds set forth in Title 24 of the California Administrative Code, Energy conservation tactics. such as the use of solar water and space heating technologies. insulated water lines and energy efficient lighting. shall be incorporated into project design. J. Aesthetics Statement of Effects: 1. Night lighting from the golf driving range would impact residents adjacent to and south of the driving range. 2. 011 rigs onslte and off'slte could generate significant visual Impacts to the future residents of the site. . - . Ordinance Number /~ 9,t Findings: Changes or alterations have been required in, or incorporated into. the project which avoid or substantially lessen the significant environmental effect as identified in the final ElR. Finding for Effects No.: Jl, J2 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency, Finding for Effects No.: Specific economic. social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Finding for Effects No.: Substantial Evidence: Jl. Screening shall be provided to reduce the visual impact of night lighting for the driving range on residences In the southern portion of the site. J2. To reduce the visual Impacts on future residents of the site, landscaping and/or other decorative barriers shall be provided to screen the residents' view of the 011 rigs. I I I " I I I , EXHIBIT D Ordinance Number ~~~~ ORDINANCE NUMBER ~",2.?t AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, APPROVING AN AMENDMENT TO THE HELLMAN SPECIFIC PLAN. THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY ORDAIN: WHEREAS, a request was filed by Mola Development Corporation to amend the existing Hellman specific Plan prepared and adopted in December of 1987; and WHEREAS, the City Council adopted Ordinance No. 1258 which covers the establishment, policies, regulations, and processing of the Specific Plan; and WHEREAS, responsible agencies that govern the enhancement, . restoration, or maintenance of wetlands have determined that a wetlands of approximately 37.9 acres should be a part of this Specific Plan area; and WHEREAS, an amendment of the Specific Plan is needed to locate this wetlands resource and provide a description and; WHEREAS, that this amendment is consistant with the goals and policies of Chapter 3 of the California Coastal Act of 1976; and WHEREAS, the Planning Commission considered this item at a duly called public hearing and adopted Resolution No. l5l5, recommending approval of amended Hellman Specific Plan to the City Council; and WHEREAS, the City Council makes the following findings: 1. The proposed wetlands was described in the progr.~m EIR, and a mitigation measure required the project proponent to consult with agencies responsible for wetlands restoration. Those agencies have recommended that on-site wetlands restoration be carried out on the proposed site. 2. The establishment and maintenance of these wetlands will not be injurious or detrimental to the surrounding neighborhood in the community. 3, The proposed wetlands is consistent with the City'S General Plan. 4. The changes to the Specific Plan brought about by the addition of the wetlands do not conflict with the established pOlicies or regulations of the Specific Plan or the goals, objectives, or policieG of the General Plan. 5. Pursuant to Section 15168 of the CEQA Guidelines, a program EIR (87-1) has been prepared and certified by the City of Seal Beach" and this amendment is within the scope of the certified program EIR, 6. A Supplemental EIR has been prepared which adequately describes the general environmental setting of the project, its significant environmental impacts, and the al ternati ves and mi tigation measures related to each significant environmental effect, and that no additional environmental documentation is needed. , Ordinance Number ~..t P.,l . NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby approve the amended Hellman Specific Plan for the Hellman Ranch area, as shown in Attachment "An. PASSED, APPROVED AND ADOPTED by Seal ~~~t:~eeting th~~:~~ the City coun~ of the City of held on the ~ day of .t~J~- - I rT~T: \d<-.()}; &: (;ty Clerk ' --- 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 cer~ify that th~foregoing ordinance is an ori . al copy of Ordinance Number ~ 1z.. on file in theJf4f 'ce of th ity Clerk, introduced at a meeting held on the ,('-day of 1989, and passed, approved and adopted by t e C1ty Cou~ e City ~al B,ach at a meeting thereof held on the'lL of ~/j~Z: , 1989, by the fOllowing vote: ' AYES: Councilmember -t.,1 I NOES: Councilmembers ABSEN'l' : Councilmembers and do hereby certify that Ordinance Number ~a2~<1has been published pursuant to the Seal Beach City Ch~and Resolution N r 2836. lerk I I I I Ordinance Number ~.z~~. AMENDMENTS TO SPECIFIC PLAN Attachment A 1. Table II-l is amended per attached, with a reduction shown to a total of 355 single family homes~ 2. Exhibit ILl, I1.2, 11.3, I1.10, 11.11, I1.12, I1.13, I1.l4 are hereby amended as per attached. Exhibit I1.l shall show a total of 355 single family units. The development project area will include a restored tidal , influenced wetlands located generally in the southwest corner of the site, with an approximate size of 37.9 acres. The size of the wetlands is based on a wetlands assessment and restoration recommendation by the Department of Fish and Game. The project proponent shall participate in the preparation of a wetlands restoration plan and submitting this plan to the responsible agencies, such as the Department of Fish and Game, the California Coastal Commission, and the U. S. Army Corps of Engineers. This section provides a general background to this plan; the' final design will depend on a number of factors to be determined, such as hydrology, and is subject to review and approval by responsible agencies. Hydrological factors play an important role in the final design of the wetlands. Factors such as the volume of tidal flow which can be supplied to the site and tidal fluctuations that will occur. The wetlands area will be hydraulically connected to the San Gabriel River via the existing culvert which passes between the intervening cooling water channel and empties into the river through a tidal gate or any feasible means which provides tidal fluctuation. This connection will result in tidal and muted tidal fluctuations at the restored wetlands, Habitats of a tidal wetland can be described in terms of the tidal zones, i.e., the frequency of inundation of various portions by the tidal waters. For the Hellman property wetlands we envision three basic zones or areas. The lowermost zone will be the subtidal area, This area will be at an elevation such that it will always be under water, i.e., below the extreme low tide. On the Hellman property this zone will most likely take the form of relatively narrow channels which radiate into the various portions of the marsh. This subtidal zone may support beds of Eel Grass and serves as a breeding area for some types of fish. It provides a potential foraging ground for birds which feed on these fish, including the endangered California Least Tern and diving ducks. The middle tidal zone is that which ranges from the extreme low tide to the lower of the two daily high tides. In other words, this zone is inundated for a large portion of every day, and is exposed during the low tides, This zone is usually characterized by mud flats, since it is sUbjected to extremes of water and temperature, to which most plants cannot adapt, In the restored Hellman wetlands, we envision this zone as a relatively narrow band of mudflat which borders the subtidal channels. This area supports invertebrates, which bury themselves in the mud, and provides a foraging ground for many wading birds such as Herons, Egrets, and Sandpipers. The uppermost tidal zone is the actual salt marsh, which ranges from the lower high tide range to the extreme high tide. This zone supports a variety of salt tolerant plants, ranging from Cord Grass at the lower elevations (if a sUffiqient tidal prism exists) to Salt Grass in the higher areas, but is perhaps best characterized by the familiar Pickleweed, This area will constitute the largest single component of the restored Hellman wetlands. The salt marsh provides habitat to a large variety of birds, including many of the long legged wading birds as well as perching birds such as the endangered Belding's Savannah sparrow. .. . Ordinance Number /:/9.2, SECTION II LAND USE DEVELOPMENT PLAN II.I LAND USE DISTRIBUTION AND LOCATION The development plan for Hellman Specific Plan divides the I project site into six (6) planning areas, Each planning area is associated with its own specific land uses. Primary land uses within the Hellman Specific Plan include single-family residential, open space/wetlands, community park, flood control basin and oil production. Table II-l indicates acreage of the various land uses, and permitted number; of dwelling units for each of the six (6) planning areas. section III of the SDecific ~ sets the precise development starndards for planning areas 1 and 2, and general development standards for planning areas 3 through 7. The general location of all principal land uses is shown on Exhibit II.I, Land Use DeveloDment Plan and depicted in schematic form in Exhibit II.2, the Illustrative site Plan. All construction within the Specific Plan area shall conform to exhibi t II,l and to the development standards established in Section III herein, TABLE ILl AMENDED HET.T.MAN SPECIFIC PLAN USES Planning Area Land Use Acres Allowable Units I 1 2 3 Single-Family Park Wetlands/Open Space First Street 76.2 26.6 37.9 9.0 355 SUBTOTAL 149.7 4 5 7 oil Production Future Dev. Flood Control Basin oil Production-Future Dev. 15.0* 35.3 25.0 SUBTOTAL 75.3 Total Hellman Scecific Plan 225.0 355 !/ possible opportunity for a contemplated this 3rea will be Property owner at Area 4. 5-acre City park. It is purchased by the City from I EXHIBIT: Table II-l I I .Ordinance Number /~9~ , ..! I - '~'" Z liB W ,,~.;.~ ~ . ! !! .~ I- I H: .. Z ..,~ 11118 ~.~D. 9 W _'1\,,1 > 1f'~ ~r( ~ 2:-' Q. ~: .... ;1 81 a,;, J,.(,i Lrt. ~l' ,bl'i I:" , :....'\"., ';=;1 I ::,i, I 01: R!! -,--,I. ~ CJ I: , ,811 ~:...I! . "Ii ~~! N ~: ;.: I' ~~il II ;;?.; l... ! , --7j~,,)! ~.~. €:"":):. ":"~-: ; I E ~ I ~ I 11'---"--- . I ~ ! i' i i r, . . . i I ~ .. : · i i ! .. .. ( ~ \ I . r ~ i ~ II . I: I ~ i r - i : .. , ,\: . ;-,"i 'CI" :~: .< .. , . , . . . j J tI J .II! . .' . - : i e I I !! II JII ) I . i I J J ,I I I , . ;; I; i- ['. . " . " . . . . I tit. I i . Ii' ~ ffi ~ lEi e~~ R.... ~~ ~~ Number Ordinance /~9,;z . . I . _..____no, -\ _.--- _u..,,-. .i~ , ',.C )&. u ,.....-, ~ I '-i ( I I' J . , , .1 'f , ,~ I c.u. J 18 i ~ ~~ ~l f.:!i ~~ '"" - I I I Ordina~ce Number /~~~ I ,. I ,jJ _.~~L =-..........= r I i I I < I ~ ..... -~ '.. \ I , I " III ; ; ; ~ : I j I! f ~ Ii I I t !! l!'lll ~ Il J I! i . i ~.- -.1.,."w .~~ ~.-- -p ~ qR i l'~: ~ liE) -:-..... CI .. , ~&~ ~~~ ~........- eail:' 2 <( ...J f- W ;: a f.l LJ <( <( ~ ~ Q a ~ ~II -J [j I I Ordinance Number /~9~ .; I ~ >< w ~ 118 I .p d If _...J,L ;!MIL-n ~ ; II :;! IE y' ~ E . \; ~ ~ r ~ ~ I o ~ < mill ~ i ..... I I II I ~ I '.. ~ ~ ! :;! < ~ ~ < . < ~ ., f ::i ~. Q . l. ffimrn "I = ~ I = I I I I Ii ~ i ; :' ~ :1 ffi I 5 & I Ii ~l .. l~ I I t .... I \ nlfll i II J . ! I I ~. I '. II _._~.;......_--_.- ~~- < g - -..... Ordinance Number I !I _.J.t ~... i / ' / " ;/ 'I- , ' . ~, . en ~ ::E ffi ~ :l: " i . I i I I mE Ii !! i! < J r.. I en ~ ~ < ::E ::E ~ ~ :l: l Q ! ~ ~rflrr ..Jl!JliJ -'. I I I >- ffi ~ 2:~ ~~~ ~g f-J~ I~~ ! ; I i j, ! :'" ;:' = ' ~ I II R Ii I i I i i l! II" i J ! .. II J . 11 . ,. d ~": :> - . .." -....,1 /,21,l. ~ III 'i Ordinance Number /2.titZ ,. .:il )( 5 ll~ lIJ D. . 1- en ' . E I . HEJ I .~ I 'hofJ =_-.J . L ~.:...---. .' I I [ .' 'r r . I i ii!: 0( :::; ~ ~ )( lIJ < ~ ,.1 ill I '. ~ ~ CIl 0( >- :Ii ~ ti c ffi ~ ~rnrn ~'. , " ,. -. ! !II i' t i \ , . ~ ! . . - . . . ~ . )... I j! ffi e Ii I , I I I Ip I J I ~ I E I.' ~! i 8:~ ~<:! ~. . ~ - ~~ 'I ,II. I. ~ Ordinance Number /~J?~ I " I I Jf I f .. i ~ :i ~ S 1Il ~ 1Il ~""'I :::'" 2- "<" < I i i I h ffi ?( ..J ti: o 1Il t( fil w s Ij~ I ~ t-' -\ , " ,. '- '\l ~ -;! ~ 11r=l w ~ .'H w 'l3j' ~ 118' Ordinance Number /2'1il .:i I . ~ ,. t'R / . II'~ .~. I I JE)' J t-I i < ~ t-' , I j j I -".. ........ w Ul ~ ~ < is ~ ~ ~ m~ ~ ~ ~ ! I ; 88 , II I I I . .. .. . . Po !:" ~ :." . " < . ~ Ji 1 o Ii I I! I ~ HAl'l; ~ !! J . I! ~ . i I I ~ es lti ~. ..~i .....J; ~~ I I I I Ord~nance Number ~~~~ RESOLUTION HUMBER 3 f) :; ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPRQVING TENTATIVE PARCEL MAP 86-349, The City Council of the City of Seal Beach does hereby resolve: WHEREAS, an application was duly filed by Mola Development Corporation, Newport Beach, for Tentative Parcel Map 86-349; and WHEREAS, the property is described as a portion of the Hellman Specific Plan area and is located north of Marina Hill"west of Seal Beach Boulevard, east of the Haynes Cooling Channel and northeast of Pacific Coast Highway: and WHEREAS, the proposal is to subdivide the Hellman Specific Plan ,area into four numbered lots and three lettered lots; and WHEREAS, the primary purpose of the Tentative Parcel Map is for conveyance purposes, and divides the area into a lot suitable for further sUbdivision for a residential project, oil extraction areas, and right-of-way dedication; and WHEREAS, the entire area subject to the Tentative Parcel Map is 192 acres, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby make the following findings: 1. That the proposed map is consistent with applicable General and Specific plans in that the map requires dedications that are consistent with said plans. 2. The design of the subdivision will not interfere with existing easements, acquired by the pUblic or utilities that serve the public, because the proposed sUbdivision will preserve and maintain existing easements, 3. The site is physically suitable for the proposed subdivision, and will allow for further subdivision that can meet the density and configurations of adopted ~pecific,and General plans. 4. The design of the subdivision is not likely to cause substantial environmental damage as all mitigation measures contained in the Environmental Impact Report (EIR) to protect the environment will be implemented. Pursuant to Section 15168 of the CEQA Guidelines, a program EIR has been prepared and certified by the city of Seal Beach, and this subdivision is within the scope of the certified program EIR, which adequately described the general environmental setting of the project, its significant environmental impacts, and the al ternati ves, and mitigation measures related to each significant environmental effect, and that no additional environmental documentation is needed, 5. Ordinance Number /.:l?~ NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the city of Seal Beach does hereby approve Tentative Parcel Map 86-349, subject to the following conditions: Prior to final map approval, an irrevocable offer to dedicate "A" Street from Pacific Coast Highway to Hellman Ranch Road/Regency Drive shall be offered to the City for street purposes. The street shall be shown as an eighty (80') foot right-of-way. 2. Prior to final map approval, the final configuration of "A" Street shall be shown on the proposed final map. Minor changes in lot size or configuration will not require an amendment to this parcel map. 1. I 3. Southern California Edison has determined, in a letter dated May 11, 1987, that this subdivision will not interfere with their free and complete exercise of any easements held by Southern California Edison. The final determination as to the location or changes of any power transmission lines shall be in the satisfaction of Southern California Edison and the City of Seal Beach, 4. Prior to final map approval a Development Agreement shall be entered into with respect to the development of Parcel Numbers I and 2. That as part of the Development Agreement with the applicant, five (5) contiguous acres of land located on Parcel No. 4 with reasonable access to Hellman Ranch Road shall be offered to the City for purchase for park and recreation purposes. The Development Agreement shall specify the method for determining the purchase price of such property which shall be based upon the fair market value of such property, taking into account any characteristics of the property (such as the presence of hazardous waste or materials, if any) which would be considered by an appraiser in valuing the property. I PASSED, APPROVED AND ADOPTED by the C~. ouncil of ~e City of Seal Beach at a meeting held on the - day of Gluj/.I,4-t; , 1989, by the following vote: AYES: Council Members NOES: Council Members ABSTAIN: Council Members ABSENT: Council Members Seal Beach I Beach I I I STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SEAL BEACH ) Ordinance Number /02 f,Z. I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the Joregoing Resolution is the o.riginal copy of Resolution Number3~ on file in the Office of the City Clerk, passed, approved, and adopted by the City council of th~City of S I Beac , at a regular meeting thereof held on the ~ day of , 1989, BEACH Ordinance Number ~,z, 9:;1. RESOLUTION NUMBER c?E02~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VESTING TENTATIVE TRACT MAP 13198 LOCATED IN THE HELLMAN SPECIFIC PLAN AREA The city Council of the City of Seal Beach does hereby resolve: WHEREAS, WHEREAS, WHEREAS, an application has been filed by Mola Development Corporation, Newport Beach, California for Vesting Tentative Tract Map No. 13198, requesting approval for a 355 lot subdivision on 149 gross acres to build 355 single family homes; and the property is described as a portion of the Hellman Specific Plan area and is located north of Marina Hill, West of Seal Beach Boulevard, east of the Haynes cooling channel, and northeast of Pacific Coast Highway; and the applicant is proposing to subdivide the property in order to construct roads, public parks, wetlands restoration, and 355 single family homes on individual lots, NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Seal Beach does hereby make the following findings on the vestirlg Tentative Tract Map 13198: 1. 2. That the proposed Map is consistent with applicable General and Specific Plans in that the Map would allow the construction of 355 single family homes with a gross density of 2.4 dulac, which is consistent with the General Plan designations, That the site is physically suitable for the type of development. 3. That the site is physically suitable for the proposed density of development. 4. That the design of the subdivision is not likely to cause substantial environmental damage because all mitigation measures contained in the EIR done for this project have been incorporated as conditions and will be implemented. '5. That the design of the subdivision is not lik.ely to cause serious public health problems because all necessary utilities and services are available to serve the project. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision because all easements will be adequately preserved, maintained and/or abandoned with new easements created. 6. /, into the violate regional That discharge of watel from the subdivision existing community sewer system will not existing requirements prescribed by the local water quality control board. 8. That the project attempts to address the wetlands issues of the site, and final approval of this wetlands configuration will be required by the Department of Fish and Game, and the U.S. Corps of Engineers, I I I Ordinance Number /;2 PtZ. 9. That the subdivision map addresses the Gum Grove area, and seeks to preserve the grove and ensure that new plantings will occur that do not reduce the current number of trees. I 10. That the Vesting Map is subject to Federal and State laws, and the Map could be affected if it conflicts with the provision or enforcement of these regulations and conditions that have been placed on this Map reflecting these regulations. 11. Pursuant to Section 15168 of the CEQA Guidelines, a program EIR has been prepared by the City of Seal Beach and .certified, and this subdivision is within the scope of the certified proqram EIR, which adequately describes the general environmental setting of the project, its significant environmental impacts, and.the alternatives and mitigation measures related to each 'significant environmental effect, and that no additional environmental documentation is needed. NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City of Seal Beach does hereby approves Vesting Tentative Tract Map 13198, subject to the attached conditions shown as Exhibit A". PASSED, APPROVED AND ADOPTED Seal Beach at a meeting hel , 1989, by the following vote I AYES: Council Members NOES: Council Member ABSTAIN: Council Members ABSENT: Council Members Beach Beach STATE OF CALIFORNIA) COUNTY OF ORANGE ) CITY OF SEAL BEACH ) I I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the J;~,!!going Resolution is the original copy of Resolution Number~ on file in the Office of the City Clerk, passed, approved, and adopted by the City Council of ~ City of S 1 Beac~ at a regular meeting thereof held on the ~~ day of ~_, 1989. Cl.rj}4~ Y OF SEAL BEACH Ordinance Number 1,J..'I,;l; , PRIOR TO GRADING PBRMIT 1. Preparation and submittal of a rough and precise Grading Plan shall be required, subject to the review and approval of the Department of Development Services. The following information shall be delineate~: o Methods and drainage in accordance with all applicable city standards. o All recommendations submitted by geotechnical or soil engineer and specifically approved by them. o Compliance with conceptual grading shown on Tentative Tract Map. o A drainage plan and necessary support documents such as hydrolics and hydrology calculations. o All flood hazard areas of record. I o A note shall be placed on the Grading Plan requiring Department of Development Services approval of grading prior to final clearance for foundations of model homes. The Department will inspect the site for accuracy of elevations, slope gradients, etc. and may require certification of any grading related matter. o Note on plans that a qualified paleontologist/ archeologist, as appropriate shall be present during rough grading operations. If resources are found, work shall stop in the affected area. All "finds" shall be reported immediately,to the Department of Development Services. The paleontologist/ archeologist shall attend the pre-grade construction meeting to ensure that this condition and necessary procedures in the event of a "find" are explained. I 2. A certified archaeologist shall be retained by the project proponent to perform a subsurface test level investigation and surface collection as appropriate. The report shall evaluate the site and include discussion of significance (depth, nature, condition and extent ot the resources), final mitigation recommendations, and cost estimates. Prior to issuance of a rough grading permit, and based on the report recommendations and city policy, final mitigation shall be carried out. Possible determintions, include, but are not limited to, preservations, salvage, partial salvage or a finding that no mitigation is necessary. 3. The developer shall underta~e a preconstructlon trapping and removal program to reduce the population of rodents and small mammals on the site, including the red fox. Trapping shall be done humanely, with release of the red fox in an enviromentally compatible area and removal of animals shall be supervised by I City's Animal Control Department. 4 Note in the grading plans that the project shall comply with the California Division of Oil and Gas procedures for proper abandonment of on-site oil wells and for on-site inspection of all oil wells on the si~e. I I I O~dinance Number /~)?~ 5. A detailed soils engineering report shall be submitted and approved by the city Engineer and Building Official conforming to the requirements of the Uniform Building Code, and all other applicable State and local regulations. The soil investigation report shall thoroughly evaluate soil issues related to the site, including, but not limited to: liquefaction, settlement, ground lurching and potential hazardous substances. 6. Prior to grading permit issuance, the subdivider shall provide an updated geotec~nical report, verifying the location of the fault "Restricted Use Area" as shown on the subject map. The grading plan shall delineate areas of low, moderate and mOderate-to-high liquefaction activity. The geotechnical report shall be prepared by a geologist registered in the state of California. The City of Seal Beach shall retain a geologist registered in the state of California to review the subject report, at the expense of the subdivider. Upon approval of the subject report, it shall be filed within 30 days to the state Geologist. The preparation review and filing of the Report shall follow the requirements of the Alquist- Priolo Special Studies Zones Act of 1972. 7. Prior to grading permit issuance, the applicant shall obtain an permit'from the Coastal commission and, if applicable, a permit from the U.S. Army Corps of Engineers regarding the wetlands issues. The Tentative Tract Map will have to be amended if it is not in substantial compliance with the wetlands location and size as shown. 8. A sedimentation and temporary erosion control plan for all construction work related to the subject tract shall be prepared and approved by the Department of Development Services. 9. The three areas on the site that currently contain surface hydrocarbons shall be cleaned up under the supervision of the State Health Department. The project proponent shall study the extent of ground water contamination, if any, on the project site. If necessary, a mitigation program should be implemented to restore and maintain water quality standards in the on-site groun water basin. , 10. All existing and former sumps shall be investigated to determine if the sumps contain hazardous waste. All existing and former storage tanks and underground pipelines shall be inspected to ensure that no leaks have occurred. 11. A hazard footprint analysis shall be required to identify areas of low risk for placement of residential units, and shall be required prior to grading permit issuance. 12. The project proponent shall conduct a late fall survey and an early winter survey prior to issuance of rough grading of the Monarch's use of the site to determine if the Monarch's use of the site is a temporary or permanent winter roost. 13. The project proponent shall develop a plan with SCE regarding the relocation of electricity lines and towers that are currently on the project site. 14. The project proponent shall consult with Southern California Gas regarding the relocation of gas mains that are currently on the project site. 15. Final oil distribution relocation plan shall be prepared and submitted to the City Engineer for approval prior to grading permit issuance. Ordinance Number /,2,9:t 16. During grading fugitive dust shall be controlled by regular watering, paving of construction roads and/or other dust palliative measures to meet South Coast Air Quality Management District Rule 403. 17. Submittal of a phasing/security/traffic routing plan is required. Such plan shall include: o Route for cut and fill transportation trucks. o Construction fencing to isolate/secure construction site and separate the construction phases. o Access (entry, exit). o Location of office trailer, I o Location of model homes (include trap fence and parking lot area) o Plans for hydroseeding and irrigating portion of site which will be vacant over a six month period. Phasing plan shall be reviewed and approved by all City departments. 18. The suDdivider shall submit detailed drawings for review and approval of the proposed water system on the project site to the Seal Beach Public Works Department prior to grading permit. 19. The developer shall fund a master plan water study by a consultant chosen by the City to ensure that adequate water I capacity exists to service the development. The developer shall be responsible for the construction of water system improvements that may result and are directly related to a shortfall created by this project. These improvements may include, but are not limited to: the construction of an on-site or off-site reservoir, booster pumps, tie-ins and drilling a new well. 20. Prior to project approval, the project proponent shall submit drainage plans to the City of Seal Beach Public Works Department. Such plans shall demonstrate that the on-site storm drain system is adequate to prevent (a) street flooding in a 10-year frequency storm; (b) sump flooding in a 25-year frequency storm; and (c) structural flooding in a 100-year frequency storm event. Additionally these plans shall demonstrate that the site would be adequately protected from overtopping of the Los Alamitos Retarding Basin under 100-year storm conditions. 21. Prior to grading permit, the subdivider shall submit the subdivision drainage plan showing runoff from each area;- the Q's of each of the streets, Q's intercepted by catch basins; and Q's in pipes and other structures. Calculations shall be submitted" with references or methods used. 22. The Orange County Surveyors shall approve the exterior boundary of Tentative Parcel Map 86-349 prior to the City of Seal I Beach's approval of the grading plan. 23. The conceptual Grading Plan shall include noise contours above 65 db CNEA (noise sources to be considered include highway and oil extraction). Highlight which lots will need mitigation measures to reduce noise levels. I I I OJ;dinance Number /-Z 9~ 24. The subdivider shall submit all supporting calculations for the waste water plan where the point of connection will be the sixteen (16") inch sewer force main in Seal Beach Boulevard, which is also subject to a capacity analysis. 25. City of Seal Beach shall receive a letter of no objection for the proposed development from all existing public entities or public utilities which has previously acquired a right-of-way easement prior to the issuance of grading permit. 26. The developer shall prepare a relocation plan for all existing active pipelines that runs across and lies under the proposed subdivision. The city will not permit any habitable structure to be constructed over any existing active and hazardous pipeline. A safety plan and control system shall be developed to insure protection of the residences from oil spills, blowouts, etc., and shall be completed and approved by the City prior to final map approval. 27. Plans shall be submitted to the city Engineer indicating where grading activity may affect existing lots; plans shall indicate where retainer walls are necessary. Where necessary, the developer shall install retaining ~alls. PRIOR TO PIRAL MAP APPROvaL 1. within twenty-four (24) months from Vested Tentative Tract Map approval, the subdivider shall file a Final Map prepared in accordance with subdivision requirements of the Seal Beach Municipal Code, the State Subdivision Map Act, and applicable conditions herein unless an extension is granted pursuant to Chapter 21 of Seal Beach Municipal Code. 2. Subdivider shall submit a current title report. 3. provisions for maintenance of community and park facilities and landscaping shall be in place prior to Final Map approval. 4. Prior to recordation of any Final Map, subdivider shall pay the initial cash deposit for processing, plan check, construction engineering and inspection fees for all public and/or private infrastructure improvements within the city's responsibility excuding those financed by an Assessment District. 5. Building permits for model units may be issued prior to approval of a Final Map. 6,. Prior to recordation of Final Map, the subdivider shall prepare plans and construct or post security guaranteeing construction on all public and/or private infrastructure improvements within the boundary of said Tract Map in conformance with applicable city standards, including but not limited to the following: Ordinance Number I'~~~J A. Curb and gutter/cross gutters. B. Sidewalks including access facilities for physically handicapped persons. C. Drive aprons/approach. D. Street paving/bicycle lanes. E. Street signing and paving. Landscaping/irrigation facilities. I F. G. Sanitary sewer service facilities. H. Domestic water service facilities. I. Reclaimed water service facilities. J. Utility Connections (i.e., gas, electric, telephone, cable T.V. facilities). K. Traffic ~ignal systems and other traffic control devices. L. Street and paseo lighting. M. Storm drains and subdrains including size and 'type of proposed and existing within and adjoining the proposed subdivision. The plan shall include the mechanism to accommodate the natural drainage emanating from the adjacent subdivision to the south. The plan shall indicate those drainage structures installed as part of the original subdivision that drains onto T.T. M13l98 and the method of accommodating the drainage. N. Lot monumentation. I o. Fire Hydrants. P. Bus turnouts and other facilities such as bus benches and bus shelters in accordance with Orange County Transit Turnout Design Guildelines, subject to approval of the city Engineer as to need and location. Approval from the Department of Development Services shall also be required on the actual architectural design on any installed bus stop improvements. Q. Pedestrian access gates for residents of -the new subdivision shall be provided to gain access to Gum Grove Park. 7. The subdivider shall satisfy dedication and/or reservation requirements as applicable, including but not limited to dedication of all required street and flood control right-of-way easements, vehicular access rights, sewer easements and water easements defined and approved as to specific location by-the City Engineer and other utility companies as telephone, Edison, etc. 8. Prior to the approval of the Final Map, subdivider shall post with, the Development Services Department a minimum $2,000 cash deposit or letter of credit to guarantee the sweeping of streets and cleanup of streets affected by construction activities. In the event this deposit is depleted prior to completion of development or City's appearance of public streets, an additional incremental deposit will be required. 9. Prior to approval of the Final Map, all organizational documents for the project, including any deed restrictions, covenants, conditions and restrictions shall be submitted to and I I I I Ordinance Number ~~~~ approved by the Director of Development Services and city Attorney. A copy of such document shall be submitted to the City upon recordation. CC&R's shall include, but not be limited to, the following conditions: A. The city shall be included as a party to the CC&R's for code enforcement purposes. However, the city shall not be obligated to enforce the CC&R's. provision for effective establishment, operation, management, use, repair and maintenance of all common areas and facilities including landscaping, common areas, landscaping in public parkways, walks and fences through a Homeowner's Associations or equivalent. Membership in said association shall be inseparable from ownership in individual lots. C. Architectural controls which shall include, but not be limited to, provisions regulating roof materials, exterior finishes, walls, fences, lighting, landscaping, etc. B. D. 'Non-automotive vehicles, boats, trailers, or non- automotive storage shall not be allowed in any unenclosed parking, driveway or private street area. Any vehicle with a width in excess of 84 inches shall not be allowed in any unenclosed parking, driveway, or private street area except for purpose of loading, making deliveries or emergency repairs. Any construction repair modification, or alteration of any buildings, equipment, structures, or improvements on the property subject to a building permit shall be subject to the approval of the Homeowner's Association and the city of Seal Beach Development Services Department prior to building permit iss~ance. E. F. The Declarant, the Association, and all OWner(s) shall be required to file the names, addresses, and telephone numbers of each member of the Association Board and/or the Manager for the project before January 1st of each year with the city of Seal Beach Development Services Department. G. All owners shall be required to provide subsequent prospective owners with disclosure information. H. The maintenance of storm drains and inlets in common areas to be the sole responsibility of the Homeowner's Association. I. Right to entry to common areas for all governmental entities and their officers and employees in the scope of their duties. J. The maintenance of sewer lines to the lift station and pumps shall be the sole responsibility of the Homeowner's Association. K. No amendments of CC&R's without City approvals. 10. Prior to Final Map approval, the subdivider shall attempt to enter into an agreement and improve or post security with the city of Long Beach to cor.str\1ct the improvements at the corner of Westminster Boulevard and Pacific Coast Highway. Ordinance Number /~?~ 11. Southern California Edison has determined that the proposed subdivision will interfere with their rights in regard to this property. Notice sent to the City from Southern California Edison Showing the interference has been eliminated shall be filed with the City prior to the approval of the Final Map. 12. After grading and the improvements completed for the Gum Grove area and trail system the park and improvements shall be dedicated to the City of Seal Beach. 13. Prior to recordation of any Final Map, all fees due for the processing of the Tentative Tract Map shall be remitted to the City of Seal Beach. 14. Prior to recordation of any final map, the developer shall prepare plans and either construct or post security for all offsite improvements, including, but not limited to: A. Pacific Coast Highway and First Street ("A" Street). .B. Connection from "A" Street to Regency. C. Street light at Regency and Seal Beach Boulevard. D. Modification or removal of street light at Rockwell International (Road "A", Seal Beach Boulevard). E. Construction of driveway connection from Rockwell International to Regency Drive. F. Pacific Coast Highway and Westminster Boulevard (with Long Beach concurrence). G. Northbound left-turn lane at Seal Beach Boulevard and Forrestal Lane. 15. The final map shall include the following items: A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Identify all existing structures to be removed or retained. The grade of existing and proposed street. The proposed sequence of construction of public improvements. Centerline radii of the streets (First Street and all private streets). Name(s), address and telephone number of geologist or soils engineer and the date of the geotechnical/seismic safety report. Design changes per specified conditions. Minimum property line corner cut-offs radius of 15' for private streets and 25' for Seal Beach Boulevard, Pacific Coast Highway and First Street. Los Angeles and Orange County Boundary line. San Gabriel River (Los Angeles Flood Control District). Water, sewer and storm drain easement. Minimum lenqth of tanqent between reversinq curve shall be 100 feet. Gated entrance to private street shall not control the traffic at First Strl!et ("A" Street). The design shall be capable of storing a reasonable number of vehicles to allow movement of traffic at First Street with as little inconvenience and delay. ilL" Street curb intersecting First Street shall have at least 50 feet on tangent, measured from the end of E.C.R, Label the fault zone as Newport-Inglewood fault zone. Per County Assessor's record, the state of California owns the half (50 feet) of the proposed First Street extension adjoining state land property and not Southern California Edison. "X" Street shall be flattened to a minimum of 150 feet for minimum sight and stopping distance. I I I I I I Ordinance Number /,2 P..2- Q. "A" street (First), classified as a secondary street with 80 feet right-Of-way and intended for public use shall be designed to meet the require~ents of the city Engineer. The developer shall 'offer additional right- of-way for bus turnout (bus Stop), R. First Street; from Pacific Coast Highway to "B" Street and abutting State land shall be designed to meet the requirements of the C~ty Engineer. s. The Orange County Surveyor will furnish a bearing for a line and coordinate value for a point on that line which can be used as the basis of calculations. The County Surveyor required that the basis of bearing to be used be tied to the California Coordinate System, Zone VI. The subdivider shall provide or submit two or more copies of the tentative tract map to the County Surveyor's office. T. Prior to the recordation of a final tract/parcel map, water improvement plans shall be submitted to and approved by the Fire Chief for adequate fire protection and financial security posted for the installation. The ,adequacy and reliability of water system design, location of valves, and the distribution of fire hydrants will be evaluated in accordance with Insurance Services Office suggested standards contained in the "Grading Schedule" for Municipal Fire Protection. U. The final tract map shall label "A" Street Hellman Ranch Road. V. A development agreement shall be approved prior to the final map approval. W. Unless the Precise Plan is substantially inconsistent with the approved Specific Plan, such Precise Plan is subject to the approval of the Planning Director. If there are substantial deviations, the Precise Plan is subject to the approval of the Planning Commission with recommendations to the City Council for final approval. X. The noise study prepared for the development shall address the sound attenuation walls at the location of the animal shelter. The report shall address the height and thickness of the wall or walls required to mitigate the noise generated from the shelter. PRIOR TO BUILDING PBRMIT ISSUANCB 1. Prior to the 'issuance of building permits (except for model homes) the subdivider shall record a Final Map in conformance with , . the approved Vesting Tentat1ve Tract Map. 2. In conformance with Assembly Bill 2926, the subdivider shall provide funding to the Los Alamitos School District in accordance with the prevailing regulations at the time construction permits are issued. Ordinance Number /~9~ 3. Prior to issuance of any building permits, payment shall be made of all required fees, including: o All applicable building plan check and permit fees. o sanitary sewer and water connection fees. o Environmental Reserve tax. o Construction Excise tax, 4. Prior to issuance of building permits, project street names and addresses shall be in place to facilitate inspections and general provisions of public services, such as police protection etc. 5. Prior to building permit issuance of any phase of work, the previous soil reports shall be reviewed, and subsequent investigation completed if warranted, The design of the foundation shall be provided after final development plans are completed, and is subject to approval of the city of Seal Beach. 6. Prior to building permit issuance, further soil tests shall confirm that no potential hazardous substances remain in the soil. 7. If, during grading, abandoned oil pipelines or other similar facilities are discovered, these facilities shall be properly abandoned pursuant to the requirements of the Orange County Health Care Agency before grading resumes. 8. Prior to building permit issuance, the subdivision shall comply with all the requirements of the Orange County Fire Department, including required fire flow and fire hydrants. I 9. The construction phasing/security/traffic routing plan shall also be approved by the Fire Department for evaluation of emergency vehicle access. 10. Prior to the issuance of any building permits for combustible I construction, evidence that a water supply for fire protection is available shall be submitted to and approved by the Fire Chief. Fire hydrants shall be in place and operational to meet required fire-flow prior to commencing construction with combustible materials. 11. Prior to the issuance of any building permits, a construction phasing plan shall be submitted to and approved by the Fire Chief. The purpose of this review is to evaulate the adequacy of emergency vehicle access for the number of dwelling units served. 12. Prior to the issuance of any building perm~ts, plans for a residential/commercial fire extinguishing system shall be approved by the Fire Chief. Such systems shall be operational prior to the issuance of a certificate of use and occupancy. 13. Lot numbers 1, 2, 97, 113, 114 and 184 shall have an automatic fire sprinkler system installed in residences subject to fire department approval. 14. Building design shall be in compliance with the State Energy Conservation Standards to h3lp reduce stationary source (natural gas combustion and power plan) off-site emissions. 15. Note on construction plans that mechanical ventilation systems (enabling windows, to be closed) shall be provided within any single-family residences requiring same to achieve acceptable interior noise levels of less than 45db CNEL. All development shall be sound-attenuated against present and projected noise levels to meet City interior and exterior noise standards. I I I I Ordinance Number ~~~ r 16. Note in the construction plans that if the foundation covers the abandoned oil well, the project proponent shall provide venting of the well at least 15 feet away from any foundation. The Department of oil and Gas shall review this condition for conformance with state regulations. 17. A construction schedule shall be established which includes a limitation on heavy earth moving activities to between the hours of 7:00 a.m. and 6:00 p.m. All construction requirements of Chapter 130 of the Municipal Code of Seal Beach shall be complied with. 18. Prior to building permit issuance, the developer shall provide the city with a copy of the statement to be signed by each homeowner which shall contain a disclosure document of seismic nature of the area. The content of the statement shall be approved by the Director of Development Services prior to circulation. 19. Prior to building permit issuance, addi tional acoustical analysis shall be undertaken and mitigation measures developed to ensure that noise from arterial highways, the existing three (3) oil wells in the northern portion of the property as well as offsite wells located north of Hellman Ranch Road does not exceed residential interior or exterior noise compatibility criteria (respectively 45 and 65 Dba CNEL). possible mitigation measures include construction of masonry block walls around either the pumps or residences, and/or converting the pumps from gas to electricity. The provision of a mechanical ventilation system may also be necessary to achieve an acceptable interior noise level of less than 45db CNEL. Noise mitigation will also be required for the seven (7) wells along Seal Beach Boulevard, and will include converting pumps from gas to electricity, and/or construction of concrete masonry walls around the pump site. Subject Noise analysis and mitigations will beed to be incorporated into the Construction Site Plan at the time of plan check procedures. 20. Prior to issuance of building permits for the 266th dwelling unit, $1,000,000 shall be paid to the City, or as otherwise set forth in the Development Agreement. 21. Prior to issuance of building permits for the 89th dwelling unit (the. first phase), one-half of the c~mmunity park work and all the restoration of Gum Grove Park will have been completed. 22. Prior to issuance of building permit for the 178th unit, all park improvements shall be completed. 23. A geologist and soils engineer shall be retained by the city of Seal Beach to evaluate the soils report submitted by the developer. The geologist shall review field applications as required by the soils report and shall review and approve on-site compaction tests. Costs of the geologist and soil engineer shall be borne by the applicant. The developer shall deposit, with the city, funds to cover the cost of a geologist and soils engineer. Ordinance Number ";Z9~ PRIOR TO CBaTIFICATB OF OCCUPANCY 1. Prior to any Certificate of Occupancy in any phase, street and walls improvements, both on-site and off-site, including landscaping signage and intersection signals, shall be completed and approved by the city of Seal Beach. 2. Prior to any Certificate of Occupancy in any phase, all public infrastructure improvements, including water, sewer, storm drain, lighting systems, fire hydrants, utilities, including cable television, shall be completed and approved by the City of Seal Beach. I 3. Tenant/Home Buyer Notifications: A. The subdivider shall submit a document separate from the Deed which will be an information notice or a disclosure of issues pertinent to tenants and/or home buyers. It is required that the initial buyer acknowledge in writing his receipt of these documents. Such document shall be incorporated in the sales literature. Such document will provide information on the following: o Seismic nature of the area and related mitigations. o Wetlands regulations. Additional information shall be provided informing buyers of the following: o Schools existing in the area. (elementary, middle and high schools). o Existing parks and parks to be built. Surrounding uses. I o o The content of this document shall be reviewed and approved by the Director of Development Services. . 0 A statement identifying the seismic nature of the area, whether a given lot had a capped or abandoned oil well on it, and related mitigations shall be recorded against each lot in the project. B. Subdivider shall notify all potential home buyers of the following districts: o Community Facilities District. o Maintenance District. o Lighting District. 4. The issuance of a Certificate of occupancy for any residential unit or group of units, depends upon compliance with all approval conditions applicable to previous phases of the project and with additional conditions as follow: a. Prior to issuance of any Certificates of Occupancy, field testing in accordance with Title 25 regulations may be required by the Building Official to verify compliance with interior noise levels. I I I I Ordina~~e Number ~~~~ b. Any damaqs done to existing street improvements and utilities shall be repaired before issuance of a certificate of Occupancy for the development on any parcel within the subdivision. 5. Prior to Certificate of Occupancy, the proj ect proponent shall pay the pro-rata share for the improvement costs for Hellman Ranch Road from "A" street to Westminster Boulevard. 6. Full street improvements for "A" street connection to Regency Drive as shown in Vesting Map-1319B. GENERAL CONDITIONS 1. Comp~iance with the Hellman Specific Plan and all applicable requirements of all city codes, including but not limited to, the requirements for public improvements in Chapter 21, and adopted mitigation measures. 2. All public improvement design and construction shall be to satisfaction of the city Engineer and shall conform to the City of Seal Beach Standard Design Guidelines. 3. The Improvement Security amount required by City'S municipal code and the Subdivision Map Act, at the option of the City Engineer, can be increased to refelct the estimated incre~ses in improvement costs. The City Engineer shall notify the developer of the increase in writing and the developer shall submit to the city new securities within sixty (60) days of said notification. The City Engineer shall not increase the Improvement Security more than once in any calendar year. 4. The required Improvement Security furnished by the developer is subject to the approval of the City Attorney. The City Attorney may reject any and all securities on the basis of the security's form, conditions, execution or the institution from which security is obtained. 5. With the exception of street widths and sidewalks as shown in the Hellman Specific Plan, all design of private streets and improvements shall conform to Orange county Environmental Management Agency standards. 6. Provisions for a convenient bus stop shall be required, subject to the approval of the City Engineer. A bus shelter and bench shall be constructed and placed where the bus turnout will be located. 7. All public parkways and medians shall be landscaped and maintained. All public parkways and median areas shall be maintained by adjacent homeowners associations/property owners. 8. Placement of all above ground public facilities such as signing, street lights, fire hydrants shall be behind sidewalk when sidewalks are constructed adjacent to the curb. 9. "A" Street is a secondary public street and shall be designed to accommodate a speed rating of forty-five (45) miles per hour. The final design of "A" street is subject to the review and approval of the city Engineer and shall be dedicated to the public. Ordinance Number /~~ . 10. A sewer maintenance district shall be formed in order to maintain the lift station, sewer pumps, and forced main that serve the proposed development. Such district shall be limited to those property owners within this project. 11. This Vesting Tentative Tract Map shall require the approval of the California Coastal Commission. 12. A minimum eight (8') foot asphalt concrete bicycle lane shall be striped on the north side of "A" street from Pacific Coast Highway to Regency Drive. 13. The area from the edge of the paving to the security wall shall be landscaped on the north side of "A" Street. Landscaping shall consist of a combination of ground cover, shrubs, and trees and care should be taken to choose plantings which conserve water. This landscaping shall be the responsibility of the homeowner's association/property owners until such time as such northern property is developed. 14. The maximum street grade shall be 7.0 percent. 15. Prior to any work in the public right-of-way, an Excavation Permit must be obtained and applicable fees paid to the Public Works Department. 16. The proposed sewer and water lines shall be extended to the property line on the northern ridge of "A" Street. An eight (8") inch sewer line shall be extended from the "A" Street property line to connect with the existing Regency Drive line. 17. Cross gutters shall not be allowed at intersections: the following A. Pacific Coast Highway and "A" Street. B. Private streets and "A" Street c. All other private street intersections. D. Regency and future Hellman Ranch Road. Catch basins shall be installed to intercept flow at these locations. 18. Seal Beach Boulevard and "A" Street shall have a 4.5 foot meandering concrete sidewalk. Maintenance of the landscape area shall be the responsibility of the adjoining homeowner's association. 19. The developer shall complete the connection from "A" Street to Regency Drive and the connection shall be completed along with a connection from Regency Drive to -Seal Beach Boulevard. The adjoining street light at Rockwell International (Road "A") may be modified or removed, with the construction of a direct connection from the Rockwell parking lot to Regency Drive. The construction of a traffic signal at the corner of Regency Drive and Seal Beach Boulevard shall be completed. This improvement program shall be subject to the review and approval of the City Engineer. 20. Since project implementation would impact the existing First Street/pacific Coast Highway intersection, the existing signal installation at this location shall be modified when the First Street extension is constructed. Additional poles and mast arms shall be required." These improvements shall require a permit from Caltrans. Although the city of Seal Beach has conditioned project approval on the accomplishment of the improvements listed above, it is the authority of Caltrans to determine whether to issue the necessary permits. The developer shall be responsible for such improvements. I I I I I I Ordinance Number ~~~~ 21. Since the First Street/Pacific Coast Highway Intersection and First Street/Regency Drive intersection, Pacific Coast Highway/Westminster Avenue intersection and Forrestal/Seal Beach Boulevard intersection, will be impacted from project implementation, ~he following improvements shall be provided by the developer to mitigate the impact to the subject intersections: (1) a southbound right-turn lane and left turn lane at First street/Pacific Coast Highway intersection; (2) a northbound left-turn lane at the Seal Beach Boulevard/Regency Drive intersection; and (3) an additional northbound left-turn lane at the Pacific Coast Highway/Westminster Avenue intersection. (4) a northbound left-turn lane at Seal Beach Boulevard and Forrestal Lane. 22. since the proposed proj ect will impact the existing Seal Beach Boulevard/Forrestal Lane intersection, the existing signal installation shall be modified by the developer to create a four- way intersection. 23. The subdivider shall pay a proportionate share of the cost of design and installation of the Hellman Ranch Road collector from the corner of Regency Drive and "A" Street to westminster Avenue. 24. The Departmen~ of oil and Gas may order the reabandonment of any well when the future construction of any structure over or in proximity of the well could result in a hazard. 25. Subject to the approval of the city Engineer, "STOP" signs shall be installed on the egress driveways to liAR street. 26. A bicycle lane shall be striped with appropriate siqning installed along the south side and the north side of "A" Street and parking along "A" street shall be restricted. 27. After the community park system has been improved, this entire area shall be dedicated to and accepted by the city of Seal Beach. Developer will provide necessary funding for maintenance of the park land for a period of ten (10). years and shall become a part of the Development Agreement. A. Improvements to the Gum ~rove area shall be constructed as described: 1. Developer will fund $150,000 for the improvements to Gum Grove Park. 2. prior to issuance of building permits, the improvement plan for Gum Grove Park shall be submitted by the project proponent and approved by the City Council after receiving the recommendations of the ParkS' Recreation Commission who shall hold a public hearing on the plan. Prior to dedication 'to the City, appropriate steps shall be taken in Gum Grove area to remove affected trees and stumps infected with the Eucalyptus Longhorn Borer, such removal shall be accomplished by acceptable standards for removal of infected material. The basis for determination to remove infected or dangerous trees shall be in the study prepared by the City within the program EIR done by Golden Coast Environmental Services and dated May 15, 1989. Trees set for removal shall be marked, and the consultant that prepared the initial study shall verify removal. The project proponent shall pay for this verification. 3. Ordinance Number /.:L 9~ 4. All trees removed due to the Longhorn Borer or other causes shall be replaced on a one-by-one basis in the protected grove area. The following trees are acceptable as replacement trees: (1) Eucalyptus Globulus I (2) Eucalyptus Camaldulenis (3) Or other eucalyptus or other appropriate species recommended by the Parks and Recreation Commission after consultation with the Parks Division of the Public Works Department. An irrigation plan shall be submitted for the Gum Grove area and shall utilize deep watering techniques. The irrigation plan shall be subject to the review and approval of the Department of Development Services. 5. Access shall be provided at Avalon Avenue and shall be designed to provide security at off-hours. The trail system and emergency roadway shall be included in the park plan. The police Department shall review and approve of the security measures at this access location. The project proponent shall submit a plan which shows how many trees will be planted into the new park area, and how they conform with tree density in existing grove area. The city of Seal Beach will use the services of Golden Coast Environmental or like entity to ensure that plan is checked and verified to assure the new plantings do reach the current density level of Gum Grove Park. 28. Approximately 2,500 feet of the existing IS-inch water main on the project site shall be upgraded. 6. I 29. The project proponent shall dedicate storm drain and sewer easements to the city of Seal Beach. 30. Catch basins, if located at the end of a cul-de-sac or knuckle, should be connected into the storm drain system. 31. The 30' landscape buffer at the east and west phases of the development shall be identified in the CC&R's as areas of landscape only. No future construction shall be permitted. The landscape buffers shall be maintained by the individual property owner. 32. The area designated as wetlands on the final map shall be dedicated to the city as Open space should the restoration plans or necessity of maintaining the wetlands be removed by subsequent reviewing agencies. 33. The CC&R's shall include a requirement providing for I accessibility of the subdivision to the public for purposes of municipal political activity which specifically relates to the election at hand at the time of both referendum and initiative activity, as well as prior to a scheduled municipal election. Said time frame shall coincide with the time frames iterated in the California Election Code Division 5 and Division 14 as amended. Such CC&R requirement shall be modified only by a majority vote of the property owners within the subdivision and approval of the City Council. I I I Ordinance Number /,2, 9...2- . . 34. Future use of the two (2) parcels that are noted as "not a part" currently under oil recovery operations, shall be offered to the Homeowner's Association at the time a residential development is approved by the city of Seal Beach. The Homeowner's Association shall have the opportunity to accept the future development into the Association and-shall be so stated in the CC&R's. 35. Five (5) acres shall be made available to the City prior to approval of the final Parcel Map in accordance with Condition No. 4 of such Parcel Map. 36. Wetlands restoration plan will be submitted for the review of the Planning Commission. 37. Rear yard setbacks are to be measured from the Landscape Buffer adjoining the existing homes and not f~om the property line. Ordinance Number /,2, f~ . I ~GAnONMONITOmRGPROGRAM FOR THE BELLMAN RANCH SPECIFIC PLAN Prepared for: City of Seal Beach 211 Eighth Street Seal Beach, California 90740 (213) 431-2527 I Prepared by: Michael Brandman Associates, Inc. Carnegie Centre 2530 Red Hill Avenue Santa Ana, California 92705 (714) 250-5555 Contact: Curtis E. Alling, AICP I I I I. Ordinance Number ~~~.z TABLE OP CONTENTS 8eotion !y! 1 Introduetfon ................................................................................................. .. .1 2 Program Management and Operations ...................................................... " .. .2 ~ 1 Mitigation Monitoring Responsibilities and Schedule-tlAlternative B.2" ........ ........ .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .... .. .. .. " .5 Attaebment A Mitigation Monitoring Program Reporting and Implementation Form Ordinance Number /~ f,Z SECTION 1 INTRODUCTION Assembly Bill No. 3180 (AB 3180), which was passed by the California State Assembly on August 22, 1988, and sUbsequently signed into law by the Governor of California, requires a lead or responsible agency that approves or carries out a project where an environmental impact report has Identified significant I environmental effects to adopt a "reporting or monitoring program for adopted or required changes to mitigate or avoid significant environmental effects." This bill became effective January 1, 1989, as Section 21081.6 to the Public Resources Code. The City of Seal Beach is the lead agency for the Hellman Ranch Specific Plan project. A draft and final environmental impact report (FEIR) was prepared for this project which addressed potential environmental impacts and, where appropriate, recommended measures to mitigate these impacts. As such, a mitigation reporting or monitoring program Is required to ensure that adopted mitigation measures are implemented. The proposed project consists of developing a ISO-acre parcel with residential and recreational uses while preserving and maintaining existing tidal wetlands. Alternative B.2 is the approved project and includes the fOllowing characterlsticsl 355 single family homes, 10.55-acre Gum Grove Park (existing), a 13.1-acre community park with amenities such as tennis courts, tot lots, and picnic areas, 37.9 acres of open space/wetlands, and approximately 8.8 acres of public roadway I improvements (e.g., First Street). The purpose of the project is to provide single- family homes for the city of Seal Beach while improving the jobs to housing balance ratio in the Northwest Orange subregion, an objective of the South Coast Air Quality Management District. SECTION 2 PROGRAM MANAGEMENT AND OPERATIONS %.1 ROLES AND RESPONSIBILITIES The mitigation monitoring plan (MMP) for the proposed project will be In place through all phases of the project, including final design, pre-grading, grading, construction, and occupation. Enforcement of the MMP will be the responsibility of a number of key positions. I The primary enforcement role will be by the Director of Development Services, City of Seal Bea@. However/ the Director may delegate individual enforcement tasks to various city departments (e.g., engineering, traffic, public works, planning). I I I O~dinance Number ~~ ~~ - . Other responsible parties Include the California Division of 011 and Gas, California Department of Fish and Game, U.S. Army Corps of Engineers, Southern California Edison, and Standard Gas Company. 2.2 MMP PROGRAM DEFIN1TIONS The MMP consists of key program elements, including the master list of mitigation measures and responsible parties, filing, reporting, and compliance verification. Master Mitigation List The master mitigation list provides a comprehensive list of required mitigation measures. In addition, the list documents the responsible persons or agencies for Implementing the mitigation measures, responsible persons or agencies for monitoring I1Iltlgation compliance, the schedule for when implementation should occur, and the date of completion. The date of mitigation implementation completion shall be consistent with the date on individual R '" I Forms (see description below for R '" I Forms below). The JIIaster mitigation list for the Hellman Ranch Specific Plan project (Alternative B-2 plan) Is provided by Table 1. MMP Files Files are established to document and retain records of the MMP. The file organization is established by the City Director of Development Services according to mitigation measures and project phases. R ~ I Forms Reporting and Implementation (R '" I) Forms are designed to record the monitoring activity in a consistent manner with appropriate approvals. R de I forms shall be completed and signed by the Individuals or agencies responsible for monitoring implementation of mitigation measures. The R '" I forms shall also be signed when compliance of the mitigation measure is met according to the Director of Development Services. The R '" I form is placed In the MMP files. A copy of the form Is in this program description as Attachment A. Environmental Compliance Verification A~ the completion of construction contracts that are part of the overall development of the project, a verification of environmental compliance is executed by the Director of Development Services. The verification concludes the construction monitoring process for the contract. Ordinance Number 1~9~ 2.3 PROGRAM OPERATIONS Refinement or Addition of Mitigation Measures During any project phase, unanticipated circumstances may arise requiring the refinement or addition pf mitigation measures. The Director of Development Services, with advice from staff or responsible agencies, Is responsible for recommending changes to the mitigation measures, If needed. The Director approves, modifies, 01' disapproves the staff's/agencies recommendation(s). If mitigation measures are refined, the Director would complete a R clt I Form documenting the change and would notify the appropriate design 01' construction personnel about refined requirements. ~1""equeDt Environmental Permits and Clearances During the final map phase, any subsequent environmental permits and clearances (such as from California Department of Fish and Game and U.S. Azmy Corps of Engineers) will be identified by the Director. The Director sel'Ves as the liaison with regulatory agencies and will coordinate the preparation of permit applications and technical information for securing permits and subsequent environmental clearances. Depending on the permit, the permit applicant may be the Developer through the Director or the construction contractor. The city staff provides technical assistance to the Director or contractor to facilitate the securing of permits. 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QJ c. o ...._ c .c bD en -bDC)_.... .!Eo;~:lii ~ 6.~ al e E Ordinance Number l;t 9:t Attachment A HELLMAN RANCH SPECIFIC PLAN - ALTERNATIVE B.2 City of Seal Beach MITIGATION MONITORING PROGRAM REPORTING AND IMPLEMENTATION FORM DATE: MMP FILE: Location: 0 Onsite Project Phase: 0 Final Tract I 0 otfsite (Give Address) 0 Final Tract Map 0 Construction 0 Operation Impact Issue(s): o Land Use o Aesthetics o Hydrology and Drainage 0 Air Quality 0 Geology and Soils 0 Public Services and Utilities 0 Noise 0 Traffic and Circulation 0 Biological Resources Description of Activity: I Applicable Mitigation Measures: Methods of Implementation: I Orainance Number ~~j7~ Disposition: o Mitigation Measure(s) implemented. No further action. o Mitigation Measure(s) not fully implemented. Further action required (Explain below, attach additional sheets if necessary). I 0 Noncompliance with Mitigation Measures. Further action required (Explain below, attach,additional sheets if necessary ). o Verification of environmental compliance for construction project: I Completed by: Approved by: Name Name Title Title Date Date I Ordinance Number k1. 9..z I CALIFORNIA ENVIRONMENTAL QUALITY ACT SECTION 15091 FINDINGS HELLMAN RANCH SPECIFIC PLAN (SCH 187022510) Prepared for: I City of Seal Beach 211 Eighth Street Seal Beach, California 90740 (213) 431-2527 Prepared by: Michael Brandman Associates, Inc. 2530 Red Hill Avenue Santa Ana, California 92705 (714) 250-5555 Contact: Curtis E. Alling, AICl' Project Director July 1989 I I I I pr,dinance Number /-2 p.z., SECTION 15091 FINDINGS INTRODUCTION The environmental clearance process for the Hellman. Ranch Specific Plan Supplemental EIR commenced formally with the preparation of the Draft EIR in January 1989. A D~aft Supplemental Environmental Impact Report (EIR) was circulated for public review on March 30, 1989. The Draft EIR review period officially ended April 30, 1989. The Final Supplemental Hellman Ranch Specific Plan EIR was prepared In June 1989, and included responses to public comments on the Draft EIR. Based on the analysis for the original EIR, the subsequent EIR, and on public input, the Supplemental EIR focused on the following environmental Impact areas: . Geology and Soils . Hydrology and Drainage . Land Use . Biological Resources . Traffic and Circulation . Air Quality . Noise . Aesthetics . Public Services and Utilities In addition, the Supplemental EIR considered six alternatives to the project, evaluated in the Draft EIR and the' Final EIR. The alternatives included Alternatives A, B, Bl, B2, C, and Cl. The preferred alternative arid the approved project is Alternative B2, evaluated in the Final EIR, June 1989. Alternative B2 is a modified version of Alternative ~, initially evaluated in the Draft EIR, March 1989. P'lNDINGS OF SIGNIFICANT EFFECTS The CEQA and the State CEQA Guidelines (Section 15091) require that: No pUbIlc agency shall approve or carry out a project for which an EIR has been completed that identifies one or more significant environmental effects of the project unless the public agency makes one or more written findings for each of those significant effects accompanied by S orief explanation of the rationale for each finding. The fOllowing findings are made by the City of Seal Beach City Council in accordance with CEQA requirements. The findings address potential Impacts that would result from the Implementatioll of the proposed Hellman Ranch Specific Plan, as modified by Alternative B2. The findings address environmental issues evaluated in the Supplemental EIR only. Environmental impacts and mitigation measures that Ordinance Number a 9~ did not change as a result of the project alternatives were not readdressed in the Supplemental EIR or in the following findings. The previously adopted findings for the 1987 Subsequent EIR are thereby incorporated into this document by reference only. A detailed description of potential environmental impacts and proposed mitigation measures is contained in the Final EiR which is on file at the City of Seal Beach. In addition to the documentation of potential impacts identified in the Final EIR, the I following section also presents rationale in support of the findings made. The mitigation measures propo~ed will be incorDorated into the project prior to or concurrent with project implementation. SIGNIFICANT UNAVOIDABLE ADVERSE.IMPACTS There is one significant unavoidable adverse impact assocfated with the Hellman Ranch Specific Plan. Please refer to environmental issue G, Noise. Consequently, a "Statement of Overriding Considerations," per Section 15093 of the State CEQA Guidelines (as amended), has been provided for this impact. SIGNIFICANT ADVERSE IMPACTS MITIGATED THROUGH CHANGES TO THE PROJECT Significant adverse environmental impacts that would be mitigated are listed below. The City Council finds that these significant adverse impacts are mitigated I to a level not considered significant. A. Geology and Soils Statement of Effects: 1. The site is traversed by the Seal Beach Fault (a segment of the Newport- Inglewood Fault). This fault is considered to be potentially active. 2. Liquefaction is considered to be a significant potential hazard for development of the site. Single family residences are proposed in areas designated as having high-to-moderate potential for liquefaction. 3. Potential soil settlement could occur on portions of the site as a result of peat deposits. Single-family residences are proposed in these areas. I Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. '9:rdinance Number /",2'9.;2., Finding, for Effects No.: AI, A2, A3 I Such changes or alterations are within the responsibility and jurisdiction of another pUblic agency and'not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Finding for Effects No.: Substantial Evidence: AI. a. The design of structures on the project site shall be In accordance with the county's Unifor.m Building Code (May 1, 1988) for Seismic Zone 4. I AI. b. Placement of human occupancy structures shall reflect the recommendations of Medall, Aragon, Worswick and Associates (1979, 1981). Thus, no human occupancy structures shall be placed within a minimum horizontal distance of 50 feet of either side of the 20-foot fault zone. The total width of the recommended restricted area is 120 feet. A2. a. Structures proposed within moderate or high liquefaction zones shall require the following mitigation methods: for moderate-liquefaction zones, use of mat foundation or post-tension slab; for hlgh- liquefaction potential areas, soil densification (e.g., overexcavation, surcharge fills, and vibratory methods), and reducing the Influence of groundwater (e.g., construction of vertical pilings, mats), shall be used. It is also recommended that flexible utility connections be provided for underground utilities. I A3. a. Mitigation for impacts assocrated with peat deposition and soil settlement are similar to those used for liquefaction. However, generally shallower depths of soil denslfication shall be required. Expansive soils shall be mitigated by appropriate foundation design. Peat shall be removed and replaced with competent engineered fill. Ordinance Number /d. ?tZ B. Hydrology and Drainage Statement of Effects: 1. During a lOO-year storm, flood waters could rise to an elevation of approximately 7.5 feet above sea level throughout the project site. This alternative proposes to construct the housing pads at an elevation of at least 1 foot above the lOO-year storm flow. Therefore, the housing pads would be constructed at least 8.5 feet above sea level. I Findings: Changes or alterations have been required in, or Incorporated Into, the project, which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: Bl Such changes or alterations are within the responsibl1lty and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. I Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified In the final EIR. Finding for Effects No.: Substantial Evidence: B1. Prior to project approval, the project proponent shall submit final drainage plans to the City of Seal Beach Public Works Department. Such plans shali demonstrate that the storm drain system is adequate to prevent: (a) street flooding in a lO-year frequency storm, (b) sump flooding in a" 25-year frequency storm, and (c) structural flooding in a lOO-year frequency storm. I I I I 6rdi~ance Number /.:2 9..z.. c. Lari.) u~e Statement of Effects: 1. Alternative B2 would require an amendment to the Land Use Element and Open Space Element of the General Plan. Alternative B2 IS proposing slngle-famjly uses whereas the Land Use Element designates the site for multi-family and golf course uses in addition to slngle-fam ily uses. An amendment to the Open Space Element is required because the project site is designated for golf course uses and Alternative B2 does not include golf course uses. 2. Development of Alternative B2 could result in a public safety Impact. Alternative B2 proposes several tennis courts in the nortJiwest portion of the site in proximity to some" abandoned oil wells. The California Division of Oil and Gas will need to determine the status of the wells, and if they are to be developed over, the necessary mitigation requirements to prevent build-Up of methane gas and natural gas near the surface. 3. Several overhead and underground utility structures (i.e., electricity lines, oil lines, water lines, and wastewater lines) on the project site would be affected because these structures would require removal and/or relocation. Utility easements (i.e., Southern California Edison and Standard Gas Company) on the site would also be affected. 4. Alternative B2 would retain all 10.65 acres of Gum Grove Park. No significant impacts to the park would result from development of this alternative. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: Cl, C2, C3, C4 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such ether agency. Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified In the final EIR. Finding for Effects No.: Ordinance Number /~~~ . Substantial Evidence: Cl. a. Amendments to the city's land use and open space elements shall be required prior to development approval. Cl. b. A determination of consistency with the Land Use Plan of the local coastal plan shall be obtained prior to development approval; a permit shall be obtained from the California Coastal Commission. I Cl. c. A determination of consistency with the Seal Beach Redevelopment Plan shall be obtained prior to development approval. C2. a. The project proponent shall comply with the California Division of Oil and Gas procedures for proper abandonment of onsite oil wells and for onsite inspection of all oil wells on the site, as deemed necessary. C2. b. If proposed residential unit foundations should cover any abandoned oil wells, the project proponent shall provide venting of the well at least 15 feet away from the foundation. Venting of the well will prevent potential methane gas from building up under the foundation of the tennis court. The California Division of Oil and Gas must be notified to determine the location of the wells and recommend proper mitigation if necessary. I C2. c. An S-foot wall or fence shall be implemented around existing oil wells onsite to prevent unauthorized entry. The fence/wall shall not be climbable. ca. a. The project proponent shall purchase the lOO-foot-wide fee-owned right-of-way from SCE and finance the relocation of the SCE overhead electricity lines in the lOO-foot-wlde fee-owned right-of- way. The project proponent shall also consult with Edison "regarding the relocation of the 6-inch line in the central portion of the site. ca. b. The project proponent shall consult with the City of Seal Beach Public Works Department regarding the removal and/or relocation of an IS-inch water main along the western portion of the site. ca. c. The project proponent shall consult with Standard Gas Company regarding its easement on the northwestern portion of the site. I C4. a. The project proponent shall work with the city to develop a final plan defining t~e configuration and features of Gum Grove Park. I I I D. 'Ordinance Number /~~-l - C4. b. Gum Grove Park (10.65 acres) and the l3.7-acre community park shall be dedicated to the City of Seal Beach. Biological Resources Statement of Effects: 1. The project (Alternative B2) would preserve 22.0 acres of the existing wetlands. The preserved wetlands would include all but the upper 550 feet of tidal channel plus the better quality salt marsh vegetation on the site. The project would preserve an additional 19.4 acres of upland habitat which are adjacent to the existing wetlands. Most of this preserved habitat, including both the degraded wetlands and uplands, constitutes potentially restorable wetland. The project would Impact 4.6 acres of existing wetlands. Approximately 1.6 acres of the Impacted wetlands are within the First Street right-of- way and 1.8 acres are within the community park. Except for the upper portion of the central channel, the remaining impacted wetlands are primarily isolated or nearly isolated patches of severely degraded wetlands on the periphery of the existing wetland area. The loss of these wetlands is not biologically significant due to their small area and low value. However, the net loss of any wetland is considered a significant impact under the policies of the Department of Fish and Game (DFG), California Coastal Commission (CCC), Corps of 'Engineers (COE), and U.S. Fish and Wildlife Service (FWS). Therefore, mitigation of these losses will be J;equired to ensure that this is an insignificant impact. 2. The project would preserve the entire Gum Grove Park and its associated wildlife value, including the potential habitat for the monarch butterfly. However, grading activities and the generation of dust as the result of grading for the project may impact the butterflies if it occurs during the months of late September to early March; the use of pesticides subsequent to project completion may impact the butterflies by killing adult insects; two fire rings are located in the vicinity of the aggregation sites and may currently be impacting the butterflies by introducing woodsmoke; indiscriminate removal of limbs of eucalyptus trees may result In the introduction and proliferation or the eucalyptus longhorn borer which would Indirectly impact the monarch butterflies with the loss of aggregation trees through disease; and water stress in eucalyptus trees created by reduced available water will result in direct loss of trees from drought and from the eucalyptus longhorn borer. Ordinance Number /~9;2, 3. Project construction could result in the destruction of habitat and disturbance of wildlife breeding, foraging, and other activity by human encroachment into the wetland area. This is a potentially significant impact. The proposed residences under this project (Alternative B2) would border the wetland/open space area to the south, east, and n.ortheast. The project could result In disruption of breeding activities by domestic or feral animals, such as dogs and cats. Since bird breeding in a salt marsh is confined to the ground, or low growing vegetation, the potential impact, especially by cats, is significant. I 4. The project would increase the amount of urban runoff containing pesticide residues, fertilizers, and other pollutants entering the wetlands. Under this project, most runoff from the development would drain into the wetland/open space area and could be potentially significant to restored wetlands. 5. Conversion of the site may result in the displacement of red fox into adjacent areas, such as Anaheim Bay and the Seal Beach Naval Weapons Station contributing to predation of clapper rails and least tern colonies in these locations. Findings: I Changes or' alterations have been required in, or incorporated Into, the project which avoid or ~ubstantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: DI,D2,03,04,05 Such changes or alterations are within the responsibility and Jurisdlctlon of another pUblic agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No.: 01 Specific economic, social or other considerations make Infeasible the mitigation measures or project alternatives identified in the final EIR. I Finding for Effects No.: I I I Ordinance Number ~~~~ . Substantial Evidence: Dl. a. The project applicant shall obtain (1) a Section 404 permit from the ACOE; and (2) if required, a Section 10 permit, also from the ACOE. 01. b. "A" Street shall be realigned, if necessary, and the community reconf.lgured so that these features minimally affect wetlands. Dl. c. The wetlands'shall be enhanced at a 1:1 acreage ratio as mitigation for the direct impacts on existing wetlands to ensure that no net loss of wetland occurs. D1. d. A deed restriction, or similar encumbrance, shall be placed on the wetlands/open space area to ensure that it is preserved in perpetuity. This deed restriction will allow the future enhancement or restoration of wetlands. D1. e. The wetland/open space area shall be dedicated to an appropriate public agency or private conservancy for maintenance and preservation or restoration of the habitat. 02. a. All feasible dust .o.,trol measures shall be rigorously applied to any grading that occurs between the end of September and the beginning of March. All grading operations during this period will cease when offshore or Santa Ana ,wind conditions exist. For purposes of enforcement of SCAQMD rules governing dust generation, the preserved portions of the eucalyptus grove shall be considered an offsite location. D2. b. The use of pesticides in the vicinity of aggregating butterflies during the months of late September to early March will be prohibited. Pesticides used during other times of the year must be of a type that rapidly degrades so that no poisons will persist into the aggregation season. D2. c. The two fire rings located in the vicinity of the aggregation site will be removed. D2. d. A eucalyptus tree management program shall be established to enhance the butterfly habitat. 03. a. The applicant sha!) incorporate appropriate buffers to protect the wetland/open 5pa~. ll1'ea from adjacent residential and recreational uses. BuffeL"S will Include a combination of fencing, appropriate native vegetation, and variable distances. The wetland area will be closed to public use. Ordinance Number /tl, 9:t D3. b. Carnivorous pets, such as cats and dogs, will not be allowed to roam freely in the wetland area or the adjacent open spaces. This measure shall be accomplished through the inclusion of appropriate provisions in the Covenants, Codes and Restrictions (CCclcRs) for Individual property owners. Since the control of cats outdoors is particularly difficult, these CCclcR provisions shall include a measure which enth'ely prohibits the presence of cats outdoors within any portion of the Hellman Ranch community. I D4. All runoff from the development area will be collected in stilling basins, wastewater separators, or other devices designed so that pollutants will be mechanically removed from the runoff, to the extent reasonably feasible for a flood control/drainage device. D5. A preconstruction trapping and removal program for red foxes should be accomplished. E. Traffic and Circulation Statement of Effects: 1. The project incorporates an extension of First Street as a public road from Pacific Coast Highway (PCH) to Regency Court. I 2. Project Implementation would impact the existing First Street/PCH intersection, and the existing Seal Beach Boulevard/project access Inter- section. 3. The First Street/PCH intersection, and PCH/Westmlnster Avenue Intersection would be Impacted from project Implementation. Findings: Changes or alterations have been required In, or incorporated Into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: EI, E2, E3, Such changes or alterations are within the responsibility and jurisdiction I of another pUblic agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Ordinance Number ~..2~-Z Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. I Finding for Effects No.: Substantial Evidence: El. a. First Street should be constructed through the project initially with one 12-foot travel lane and an 8-foot bike/emergency parking lane in each direction, and with an 80-foot right-of-way (for future Improvements) from PCH to Regency Court. E1. b. The.connection of Regency Court with First Street will be required of the applicant for project approval. E1. c. Install a stop sign on the site egress driveways to First Street and restrict parking along the First Street extension to maximize safety and carrying capacity. I E1. d. A north/south connector road is not needed to serve project traffic, but it shall be implemented, when travel demands warrant, to provide a complete circulation system for the area. The roadway shall be constructed to collector roadway standards (two lanes undivided) and shall be funded via fair-share contributions from cumulative development projects. E2. The following Improvements shall be implemented for future traffic conditions (funded via fair-share contributions): (1) include a southbound right-turn lane and left-turn lane at First Street/PCH intersection; and (2) a northbound . left-turn lane at the Seal Beach Boulevard/project access intersection. I E3. a. The existing signal installation at the intersection of PCH and First Street shall be slightly modified to create a four-way intersection. This intersection shall be modified with additional poles and mast arms. A permit will be require~ from Caltrans. E3. b. The project applicant d'all provide a second northbound left-turn lane at the intersection of Pacific Coast Highway and Westminster Avenue. Ordinance Number "tflf,z D3. b. Carnivorous pets, such as cats and dogs, will not be allowed to roam freely in the wetland area or the adjacent open spaces. This measure shall be accomplished through the inclusion of appropriate provisions in the Covenants, Codes and Restrictions (CC&:Rs) for Individual property owners. Since the control of cats outdoors is particularly difficult, these CC&:R provisions shall include a measure which entirely prohibits the presence of cats outdoors within any portion of the Hellman Ranch community. I D4. All runoff from the development area will be collected in stilling basins, wastewater separators, or other devices designed so that pollutants will be mechanically removed from the runoff, to the extent reasonably feasible for a flood control/drainage device. D5. A preconstruction trapping and removal program for red foxes should be accomplished. E. Traffic and Circulation Statement of Effects: 1. The project incorporates an extension of First Street as a public road from Pacific Coast Highway (PCH) to Regency Court. I 2. Project implementation would impact the existing First Street/PCH Intersection, and the existing Seal Beach Boulevard/project access inter- section. 3. The First Street/PCH intersection, and PCH/Westmlnster Avenue Intersection would be Impacted from project Implementation. Findings: Changes or alterations have been required in, or Incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: EI, E2, E3, Such changes or alterations are within the responsibility and jurisdiction I of another public agency ,and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. I I I .. \I' ", 'Ord1nance Number /"z?Z F. Air Quality Statement of Effects: 1. An increase in total vehicle miles traveled (VMT) and the Increased consumption of electricity and natural gas by the site residents would result in an increase In CO, NMHC and NOx levels. The project is consistent with the Air Quality Management Plan (AQMP). 2. An approximated 176.4 tons of fugitive dust would be generated during each month of construction activity. 3. Existing 011 production onsite may result in odor impacts to project residents. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: Fl, F2, F3 Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Finding for Effects No.: Substantial Evidence: Fl. a. A convenient bus stop location shall be incorporated into the precise site plan; location SUbject to approval of the city engineer. Fl. b. Bicycle storage facilities shall be provided within the development that are related to planned and existing bicycle routes. Ordinance Number /~9.t.. Fl. c. Building design shall be In compliance with the State Energy Conservation Standards to help reduce stationary source (natural gas combustion and power plant) offslte emissions. F2. a. Fugitive dust shall be controlled by regular watering, paving construction roads, or other dust pallatlve measures to meet District Rule 403. F2. b. Equipment engines shall be maintained in proper tune. I F3. a. Any 011 spilled on the ground shall be quickly cleaned up. F3. b. Well sumps shall be pumped out after pulling a well, and periodically In the Interim. F3. c. Maintenance of seals and gaskets on pumps and piping shall be performed whenever leaks are evident. G. Noise Statement of Effects: 1. Residences proposed along the eastern property boundary may be significantly impacted by traffic noise from Seal Beach Boulevard. 2. Residences proposed adjacent to existing oil wells may be significantly impacted by oil machinery noise. I 3. Residences proposed 'along the southwestern property boundary may be significantly impacted by traffic noise from Pacific Coast Highway. Findings: Changes or alterations have been required in, or Incorporated. Into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: Gl, G2, G3 Such changes or alterations are within the responsibIlIty and jurisdiction of another publlc agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. I Finding for Effects No.: \. ~ Ordinance Number /-2P~ Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified i~ the final EIR. Finding for Effects No.: I Substantial Evidence: G1. A minimum 6-foot to maximum 8-foot concrete masonry wall shall be constructed along the eastern project boundary to reduce potentially significant traffic noise impacts to single-story residences within the 65 dBA CNEL noise contour along Seal Beach Boulevard. The second story of two-story residences would relluire additional noise mitigation to ensure acceptable interior noise lev~ls of less than 45 dB CNEL. Mechanical ventilation (enabling windows to be closed) and windows , providing at least 23 dB noise reduction are required of two-story residences within the 65 dB CNEL noise contour, located approximately 162 feet from the centerline of Seal Beach Boulevard. I G2. A minimum 6-fu.:lt to maximum 8-foot concrete masonry wall shall be constructed around the existing gas-driven pumps to reduce the noise level at the proposed adjacent residences. In addition, conversion from gas engines to electric motors shall be considered as a noise mitigation measure. G3. A 6-foot concrete masonry wall shall be constructed along the southwest project boundary to reduce potentially significant traffic noise impacts to single-story residences within the 65 dB CNEL noise contour along Pacific Coast Highway. The second story of two-story resIdences would require additional noise mitigation to ensure acceptable interior, noise levels of iess than 45 dB CNEL. Mechanical ventilation (enabling windows to be closed) and windows providing at least 22 dB noise are required within the 65 dB CNEL noise contour. Unavoidable Effect: I The City Council of the City of Seal Beach further finds that although changes, alterations, or conditions have been incorporated into the project which will substantially mitigate or avoid significant effects identified in the Final EIR, certain of the significant effects cannot be mitigated to iully aCllF,ptablc levels. The impact identified below may continue to be a significan~ adverse impact even when all feasibility known and identified mitigation measures are applied. Ordinance Number ~9~ 4. Two dogs barking simultaneously would result in a peak noise level of approximately 82 dBA to 92 dBA at 50 feet. Should existing operating conditions at the animal shelter facility continue and animals remain indoors, extel'iol' and intel'iol' peak noise levels at residences adjacent to the facility due to bal'king dogs would be appl'oximately 52 dBA to 62 dBA extel'iol' and 32 dBA to 42 dBA intel'ior. This impact would be at a noise level that is less than I significant, although the animals could still be heal'd by l'esidents adjacent to the sheltel'. Howevel', should existing opel'ating conditions at the animal sheltel' change and animals be kept outdool's, bal'king dogs would l'esult in a significant noise impact to the pl'oposed l'esidential uses adjacent to the sheltel'. Substantial Evidence: 4A. An 8-foot conCl'ete masonl'Y wall aligned along the northeast project boundal'Y (south of the animal shelter) would reduce noise levels from bal'king dogs by approximately 10 dBA, resulting in exterior noise levels of 72 dBA to 82 dBA at the pl'oposed residences adjacent to the shelter facility. This noise level is comparable to that of a vacuum cleanel' at 10 feet. Interior noise levels of approximately 52 dBA to 62 dBA would l'esult. Although the proposed mitigation would reduce the level of impact, outdoor barking dogs at the sheltel' facility would l'esult in an unavoidable significant advel'se impact to the proposed project, because the noise levels are high enough to intrude into the residential noise environment. I Statement of Ovel'riding Considerations The City Council of the City of Seal Beach has weighed the benefits of the proposed project against its unavoidable environmental risks in determining whethel' to approve said pl'oject. The City Council does hel'eby furthel' find, determine, and state, pUl'suant to the provisions of Section 15093 of the CEQA guidelines, that the occurrence of those certain significant environmental effects identified in the Final EIR and set forth under effect 4 above have been evaluated against the following overriding considerations: A. The project will result in the following substantial economic and social benefits to the City of Seal Beach and the surrounding community. I 1. At buildout, the project is anticipated to yield a positive annual fiscal surplus as a result of recurring project revenues and Redevelopment Area Property taxes. I I I Ordinance Number /..Z ?.:2- 2. Project completion will result in approximately 355 single-family homes. a. 13.7-acre public community park, a restored existing park (Gum Grove Park, 10.65 acres) and preservation of approximately 22 acres of existing tidal wetlands. The additional single-family homes will help balance the jobs to housing ratio (currently housing deficient) for the Northwest Orange Subregion, a goal of the 1988 Air Quality Management Plan. 3. The project will include public street improvements that will improve offslte traffic capacity. H. Aesthetics Statement of Effects: 1. Oil rigs onsite and offsite could generate significant visual Impacts to the future residents of the site. Findings: Changes or alterations have been required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as Identified in the final EIR. Finding for Effects No.: HI Such changes or alterations are within the responsibility and jurisdiction of another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for Effects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives identified in the final EIR. Finding for Effects No.: Substantial Evidence: HI. To reduce the visual Impacts on future residents of the site, landscaping and/or other decorative barriers shall be provided to screen the residents' view of the oil rigs. Ordinance Number j:l9;L I. Public Services and Utilities Statement of Effects: Schools 1. The project (Alternative B.2) would generate approximately 131 elementary students, 71 middle school students and 114 high school studen ts. Water 2. The proposed project is expected to consume approximately 0.24 million gallons of water per day, and 0.95 million gallons per day during peak hour demand. The existing water supply and distribution system may be significantly impacted. Wastewater 3. The proposed project would generate approximately 0.12 million gallons per day of wastewater, or 0.24 million gallons per day during peak flows. Findings: Changes or alterations have tleen required in, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as identified in the final EIR. Finding for Effects No.: 11, 12, 13 Such changes or alterations are within the responsibility and jurisdiction of another public agenC!y and not the agenC!y making the finding. SuC!h C!hange~ have been adopted by the other agenC!y or can and should be adopted by suC!h other agency. Finding for Effects No.: Specific economic, social or other considerations make Infeasible the mitigation measures or project alternatives Identified In the final EIR. Finding for EffeC!ts No.: I I I I I I , oi;"diance Number ~,l ?...z. Substantial Evidence: 11. The project proponent shall provide funding to the" Los Alamitos School District In accordance with State Assembly Bill No. 2926. This bill allows school districts to obtain up to $1.50 per square foot for residential structures and $0.25 per square foot for commercial structures. Developer fees can also be used to reopen existing schools and provide temporary modular units where warranted. There are several elementary schools within the district that are presently used for alternate purposes (e.g., day care, summer school, etc.). These schools could be reopened for full elementary school operations to resolve overcrowding. Intermediate schools could be supplemented with modular units as a temporary resolution to overcrowding (pers. comm., Ron Murray, March 1989). 12. The project proponent shall submit detailed drawings oc. the proposed water system on the project site to ~he Seal Beach Public Works Department prior to project approval. At the subdivision level, the developer shall fund a master- plan water study to ensure that adequate water capacity exists to serve the development. 13. The onsite wastewater collection system, onsite pump station, and the force main shall be designed in accordance with the City of Seal Beach Public Works Department Standard Design Guidelines for the Design of Improvements. J. Aesthetics Statement of Effects: 1. Night lighting from the golf driving range would Impact residents adjacent to and south of the driving range. 2. 011 rigs onsite and offslte could generate significant visual Impacts to the future residents of the site. Findings: Changes or alterations have been required In, or incorporated into, the project which avoid or substantially lessen the significant environmental effect as Identified in the final EIR. Finding for Effects No.: Jl, J2 Ordinance Number /~~~ Such changes or alterations are within the responsibility and jurisdiction oC another public agency and not the agency making the finding. Such changes have been adopted by the other agency or can and should be adopted by such other agency. Finding for EfCects No.: Specific economic, social or other considerations make infeasible the mitigation measures or project alternatives Identified in the final ElR. Finding for Effects No.: Substantial Evidence: Jl. Screening shall be provided to reduce the visual impact oC night lighting Cor the driving range on residences in the southern portion of the site. J2. To reduce the ~isual impacts on future residents of the site, landscaping and/or other decorative barriers shall be provided to screen the residents' view oC the 011 rigs. I I I I. UU;lI'I\' li"I.tj'l I 00 A!lt!!'I' ; 'I ~ l!lli j,:j'lll l!!Il ~ull'II'II~'I:' [p' ,'lll)lll'll!ll,illi/: @,hlll,',."II:,,11 Z'~ n!!!!!!u:i!lmil, ........ . :1. l- r" f . ,h ",'- . " ~ @V ~ ,-) ~ < I . ,~".Ui' ...._ 1_::L.=r.;~UI I I ~!I-'In'"'~ III . ut,. III ~._- -..-.... " \ \ l-~K ~ "I~,=" ~~ .~dJl '~rij . ~ . . . \.",...-.:: . .= ~\... - . Number Ordinance o o o . . o. o o , " rsl Eo4 H ltl H ~ rsll . . . .' ... \. " .~ :..:. . . , , I " . . ...... $~ z: PROOF OF PUBLICATION ('015.5 C.C.P.l I. STATC OF CALIFORNIA, Coun tv ot 0(;, nq~ I um u citilen of Ih~ Unit~d Stut~~ und il r~~id~llt of the Counly afOrl'Silid; I am ov~r the' i\l)~ ot ~iC)htcen y~ur~. ilnd not il pMty to or infc!rec..tt.'d in thL' ..lbovcoo(.ontJtIL'd m.)l1l!r. I .Im the.- principal c1('rk 01 Ihl' printer 01 Ihl' ';[^L n[^CII JUUllN^L .................................................... .................................................... ,I n~W~pilpl'r of generill circulation, printed . WeeKLY und pubIiSh('d .................................. I in Ih(' City of .....~.~~~..P~.'\~!!............ Counly of Or.Jngl', ,lnd.. which IWW~' p,lpcr hilS been ,IClj urJ(j('d .. f1('WSpolPN 01 g('ncrul circulJ hon by Ihe ~up..."or Courl of 1M County of Orung", ':it.,te 01 Cillilorniil, under thedilt('ol...?::'?~I, 19 .].~, CuS(, Number ..M)7.5.0~ ....; Ihilllhe notlCt', 01 which the annexed is " print,>d copy (~e' in Iype not smaller lhun nonp."ell). n;,s b,'('n published in eilCh regular und enlire' 1-:''iUl! of said n~W'ipLlper .lnd not in (lny supplel1l~nt th~r~ol on Ihe lollowlng dates, la-Wit' ...... .~t~t. .l.j................................ i111 In the Yl'ar 19.8.~. I cerllfy lor declar~l under penally 01 p~qury Ih"l Ihe 101'~goln9 is tru(' and currl..'C1. Diltl'd at.. S[^L [l[^CII ....................................... . II.{ 'i. 'rl1l1 I~.... .. .ClilY of..... ..' 19<;-:... ........ ......... I ...,. t:",p,,,, 101' tn., "'.RII ,,,,,,, ",., 110.. u',"',." 'rUIII CAL.IFORNIA NEWSPAPI'OR SERVICE OUllEAU.INC. L.elJal Advl.rt/slnl) CleMlnl) House 120 w,,>, ~;uco",.t SI" L.o> Anl)ele~, Cdlif. 9001~ Ti'Ii'phonL': 1:'1:.11 &2','~';41 PI.." '''qr....II)a;NfNAL t"fOCl'.' I'ublh,lIon ....11..'...rdc'I'hllhl' '''''fl. Ordinance Number /21Z Thi~ SPilC/! js for the County Clerk's Filing Stamp I , I I I I Proof of Publication of I .... J!~~~~.h~r.'.":';~?.'.~ ... .!~.~~.~.......... I I I IJd1le_ ., '-.J- !'...\n.c..\L i ~ e.t.'-^ \ Y'<J L::-r I-I c:. 11 yv'\ ~\.-t'\ / 1'\.\ Q IlL- .......................................................... NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN 1haI1ho CIlY Council 01 tho Clly of Soal Beocll will hold 0 pubiC hoartng on Monday. September 25. 1989 a. 7:00 p.m. in Iho CIty COUncil Cham- bers. 2" Eighlh S..... seal Beach. CalI1omi., 10 consider : DEVELOPMENT AGREEMENT. HEWlAN RANCH (IlORlH OF PACIFIC cOAsT HlGH- WAY AND WEST OF SEAL BEACH BOU~VARll) A reque.. 10 approve llio Develop- ment Agreemenl for the Hellman RandI Spedllc Plan .... comprt-ng 355 lingle family '1I1denc8I, 15.02 acres of community parks, 3&.68 acre. of wedandslopen space and ".25 acres for Gum G_ PwI<. ThIS ac1IIIIly Is Wl1lun tho scope ollho Environmental Impact Report lor the Amencled Hellman Ranch SpecifiC Plan which was car1Jlled by Iho C1ly CounCIl by Iho adopDon 01_ No. 3134 on Nawmber 16, 1981 and the Supplemental EnVironmental Impocl Ropart for 1110 Hollman Ranch Specific Plan which wu certified by lhe City Council by Iho adopdon of Resolution No. 3824 on July 17. 1989. The p'eY'Ous EnVironmental Impact Repon and Supplemental Environmenlal Impact Report ad.. quately desQ'lbes the acbYltiel pr0- posed for Iho P_ 01 CECA and no further environmental review IS required Appllcont: Mol. [)ewIopmanl Owner: Henman Propetbel DATED this 6th day of Seplember, 1989. JOANNE M. YEO ClIyClo'" City of S..I Beech Sept 14,1989 Published In Iho seal Beach Journal. Ordinance Number 1;t9,z PPOOF OF PUBLICATION (70\S.S c.c.I'.) STATC OF CALIFORNIA. County 01 O(;,ngc I Llm Ll cili/en of the Uniled SILlIes .:Ind i1 resident of ,he County ;,for"',lId: I un! over 1h(a cll'Jl" of (\jghtl'('n y(lo~l"C'.. ;ind nol i1 p.:arty 10 or IlltL'r~...t("1In ttle' "bov('otonllfll'C mall~r. I ,",m fhl' prIncipal cllork. 01 t1l(' prinl~r Of thl' <;CAl OCACII JOUIlNAL .................................................... .................................................... " newspaper otl)t'neral clrculution. printt'd , WCCKlY "nd pubh,hed ..... ... ....................... . . ~CAL OCACII In thc City of .............. .................. County ot OrOlnC}c, and" which news. p.lper hOlS been ,10j udC}t'd u ".'wSP'IIJN 01 C}t'nero31 circulo3hon by lhe Sup""or COUll of tnt' County of Oro3ng,'. $I"le of C.,lilorni", undt'( Ihed;Jtcol...~.-:.~~I. 19 ."1..... C"5e Number ./.In:>.5.U.:\....: Ih.,t Iht'notice. 01 which the annel<ed is a prinh'd copy (',et in IYPI! nol srnilllcr lhOln nonp.1relll. n;'5 b,.t'n published in C'o1Cn rcgul;!, dnd enli,,' IS'5ue of s..lid newc:.pc.'lper and nol in uny 5upplell1t'nl thereol on Tnt' following dates. IO.w,t. ........... .~~:r....~........................... 0111 in the year 19. ~.'- I ct'rldy (or dt"cIMt') und,'r penalty of pt'rlury Ih,,' Il1e lor~'golng is trut' and (urr,,"'c' . D.,led ,11 ':;C^L O[ACII ......................................... C"lifClrnlt\~hl'... ~.. ..O,'y ol..f.?... 19 ~t ....~..~~ Signollurt. t I r. ,......., ",111'" 111.11. ,,,,'11111I." ill' ,..IU"U """" CALIFORNIA NEWSPAPER SERVICE [\\JI~EA\J. INC. L~ga/ Adwrlis/ng Clearing House 1:>0 We" ~;ut"'''.t SI" La, Angl'i,'\, C~lif. 90011 Tt'lephone: 1:'1:11 G:>"':>~4' PI.,,, '.C1.. I' .,11.- ~.. lit At. I"ro,,' 01 ,."ltllt .1I0n ..tunuhlr'.h..n..,t",." Th.S SpilCt" is lor Iht' County Clerk's Filing Stamp I ~\)l\II.~~~-l o'l1-0I'tJlf.l1\IG.t. a.)O!f' '"a42,. Proof ot Publicalion of ..P~.~~.~...."...~.~~:r.......... Hw...M~ "Mol c..H p"t)~ E.Ur .......................................................... SUIIIIARY. ORDINANCE NUIIBER 1:ll1l1 DEYELOPIlENT AGREEIIENT HELUIAN RANCH pROJECI' Or-... _.... 1292 orlho City of _Beech. ~ns .lloMI.... mint Agreement, u amended, be_ Ihe CIty of Seal _ and Ihe Mol. Developmon1 CorporaIlDn fur Iho HoIl1nen _ Prqocr. - In1I'DCIucad .. 1he roaul8l mHIInB or Slplamber 25. 1888. conllcltred under public h.-Ing. end 1111 nro. reeding ot 0rdI1lI01CII Num.... 1292 wu opprovacllll' 1he taaDwIng_: AVES: Hun!, WOIDn NOES: None ABSTAIN: Lalzlo ABSENT: Grgaa. _ Modoncarrtecl Thl public hoorlng reladns to 0Id1o nance Numb.. 1292 end laid Dovel- opment Agreement .a. conllnued unblllll rogulal moodns of Oc_ 8. 1988 .1 which Um. O,dinanco Number 1292 will rece\ve lecond reeding end be conoldorod for ad0p- tion. Cople. of Ordinance Number 1292 are available in the office of thl City Cieri<. City Hall. 211 . 811I S..... SooJ Beach; telephonl (213) 431.2527. DAnoo THIS 21111I day at Seplam. ber.I988. Joanne II. V... CIty Clerk City of S.al I..ch October 5. 1989 Published In It'le Seal Beach Journal I I Pr;>OOF OF PUBLICATION (7015.S C.C. P.) I STATE OF CALIFORNIA, County of Orilnge I ilm il cifiTen of Ihe Uniled Slale~ ilnd a re~idenl of lhe Counly ilforl'~ilid; I ilm over Ihl' i1<Jc 01 eightl'cn yeM~. ,lna not il pilrly 10 or jntL'rl!~tC'd In U\C .1bovC-oL4n1i1Il'C mattl.?r. I ,1m Ihe principill cll'rk 01 Ihe printer 01 thl' S[AL n[AC/1 JOUIlNAL .................................................... .,.................................................. a newspilper of general circulation. prinleo I . W[[n y ilnd pubhsh('d .......... ....................... in the City of .....~.~~~...q[.~.~!'............. County 01 Orilngc, and" wll ich news. pilper has bt'Cn ,1Cliud~)l'd J ncwSp,'PN 01 generill circulilhon by the Super,or Court of In(' County of Orilngl', SI.,'e of California. under Ihe dilte of... ?:-?!\ 19 .l.~. CilSe Number ./.In7.5.0~....; Ih,ll the nOI,(('. 01 which Ih(' annelled is a printed copy het in Iype nol smilller tllan nonp.lred l. n,'5 b,'en published in e,lch regul..r ..nd enl,r,' I$~ue of said n()w~pilper and not in any supplement Iher~ot on Ihe lollowing dales. lo.w,t. ... ..(>.~..,. .1.~...............................,.. 1111 in Ihe year 19.~'-. 1 certify (or declilr(') under penalty of perlury Ih,,' .the torl-go.ng is truc and corrl'loCl. D.111'd at SEAL OEA!:IJ ......................................... C I'f . h"Z. f 10 19l!ll ill "rnlel.1 ,c;..........dayo ........_ ..... ..........~~. Signufure I ,.." '~p."ulll'" &11_"10 '.,,111111_...... ,">Ilia Itutl. CALIFORNIA NEWSPAPER SERVICE nUI~EA"',: '::. Ll'gal AdwrtJsJng Clearing House ,~o W~'I ~;UC""Ll 51" Lcs Ang~It.'" Calif 9001' Telephone: I~'~I &?<;'?~4' PlrA" r..q",hl.,f N" N AL '-'0", Of ..",bill Allon ""I" >lrd,rln..lh" 'ul.fl, Oidinance Number /"zp,z, Th,~ SP"(~ i~ for the County Clerk's Filing Stamp ~ OYlLl\1l~lt, l'2.tJ2, Proof of Pub'liciltion of ...~.~9~.t....~~..~...~ t:ly.;f ~di~ .......................................................... SUMMARY. ORDINANCE NUMBER 1212 . DEVELOPMENT AGREEMENT . HELLMAN RANCH PROJECT OrdInance Number 1292 of 1118 c.ty of 500l_.opprovlng al)aojalap- menl~l_ ,.,CItyof 5001 Beach and ,., Mala 0avaI0P- ment Corporation for the .,.llman .. Ranch Projecl. .... inlnldUcad and considered undar public hearinl al "'0 l8lIular City Council maadng .f 50plamber 25. 'Ial. said public hoarlnl condnued undl OclDbOf I. ,98ll al which Iina OrdIn..... Num- ber '292 waa fu....... amended and fin" ruding was __ bp Iho faI. Iow1ngvolO: AYES: Graa.. Hunt. RI.ner NOES: None ABSENT, laszl., Wilson Mahon earned Ordln.,ce Number 1292 will receive second reading and be conSidered for adoplon al"'o r~1ar lIlfsoUmod mooIng .f ,., City Cellnal on 501Ur. day. Oc_l'. '98llaI3:30p.m.1n CIlY Council Chambell. 211 . a '" S.eel, SoaJ Booch. CopIos of Ordi- nance Number 1292 are BYllilabte In "'0 amoo of "'0 City Clorl<. C,ty HoIl, 211 . a", Street, Sool Beach: 101. phone (213) 43,.2521. OATED THIS 10th doy of October. 1989. Joannl M. Yeo. CIty Cllrk Chy 01 Soal B_h OClDber 12. 1989 , Published .n Iho SOoI Beach .laumol. Number Ordinance /J,~:L ..I 0: << z... is: <z 11I0 11I0. ..I < <Ill III~ fI) ..I ...< ...~ ~i i~ 11/ III ... 0 .. <II - .. <II ~ I- '"CI! - I j J ~ if ., o ~l I C2:s i !!@ < c..~ .!:! l!M :!::@ 0 ~d (/)~ .cl!M o<?@ c a.tU[!&, tU a:@ ~ c I < >-tU~ z ~ Sf? I c _ e_ _ c=:::t o CI)@ .- ::c > .' 0 ~ iii a: I w z .... a: <( Q. .. N W :> 0 Ul <( > ci z ~ <( .... 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