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HomeMy WebLinkAboutPC Res 00-37 - 2000-11-08 l~ RESOLUTION NUMBER 00-37 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW 00- 4 FOR A 75-LOT SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD ON PROPERTY LOCATED ON THE EAST SIDE OF SEAL BEACH BOULEVARD, AT THE INTERSECTION OF SEAL BEACH BOULEV ARD AND ROSSMOOR CENTER WAY (BIXBY OLD RANCH TOWNE CENTER, AREA D - CENTEX HOMES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 19, 2000, Centex Homes (the "Applicant") filed an application with the Department of Development Services for Site Plan Review 00-4. The applicant is proposing to construct a 75-lot single-family residential neighborhood in accordance with previous City Council approvals of the Bixby Old Ranch Towne Center project on property located on the east side of Seal Beach Boulevard, at the intersection of Seal Beach Boulevard and Rossmoor Center Way. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticed public hearing was scheduled before the Planning Commission on November 8, 2000, to consider the application for Site Plan Review 00-4. Section 4. the following: The record of the hearing of November 8, 2000 indicates (a) On October 19, 2000, Centex Homes (the "Applicant") filed an application with the Department of Development Services for Site Plan Review 00-4 (b) The applicant is proposing to construct a 75-lot single-family residential neighborhood in accordance with previous City Council approvals of the C:\My Documents\RESO\Site Plan Review OQ-4.PC Reso.doc\LW\12-07.o0 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes. Bixby Old Ranch) December 6. 2000 Bixby Old Ranch Towne Center project on property located on the east side of Seal Beach Boulevard, approximately 165 feet south of the intersection of Seal Beach Boulevard and Rossmoor Center Way (Development Area D). (c) The subject area, is currently located in the Residential Medium Density (RMD) and Public Land Use/Recreation (PLU/R) zones, on an irregular parcel of land having approximately 231 feet of frontage on Seal Beach Boulevard, being approximately 1,260 feet deep. The subject property is 15.64 acres in area and was previously developed with portions of the Bixby Old Ranch Golf Course on the eastern portion of the site, with the western portion of the site previously being vacant. (d) The subject development area is proposed as a separate parcel, located on the major portion of "Development Area D" property, described as Parcel 2 of Parcel Map 2000-191, containing a total of 15.31 acres of land. (e) Surrounding land uses and zoning are as follows: North _ Rossmoor Highlands residential community in the City of Los Alamitos. South - Approved Bixby Old Ranch Towne Center currently under construction, in the General Commercial (C-2) Zone. Also to the south at the rear portion of the site is Bixby Old Ranch Country Club, in the Recreation-Golf (R-G) zone. East - immediately to the east is the Los Alamitos Armed Forces Reserve Center, located in the City of Los Alamitos. West - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (f) The City Council has approved requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals. The proposed uses of land set forth in this application conform to the General Plan land use designations and zoning of the subject property, as well as to Vesting Tentative Tract Map No. 15797. (g) The City Council approved "Mitigation Monitoring Program" establish a number of specific action measures, which have been proposed to reduce the identified environmental impacts to a level of insignificance in relation to this development application. The applicable mitigation measures are proposed to be conditions of approval for this project (56 mitigation measures): (h) The proposed style, height and bulk of the proposed residential structures are consistent with existing residential uses to the north and commercial uses presently being constructed to the south, which are part of a previously approved 286,000 square foot commercial shopping center in the C-2 zone. These uses were considered as a total project by the City Council in certifying the Bixby Old Ranch Towne Center Final Environmental Impact Report (SCH 97091077). As approved by the City Council, there are sufficient mitigation measures approved by the City Council to ensure compatibility of this residential neighborhood with adjoining land uses. The subject 75-lot single family residential subdivision and the site proposed for development complies with the roadway alignments and widths and thepennitted lot sizes approved in Vesting Tentative Tract Map No. 15797. The proposed residential neighborhood exceeds all standard development requirements of the City related to setbacks, lot coverage, building height, living area, off-street parking, and landscaping. Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: Site Plan Review 00-4.PC Reso 2 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 (a) Site Plan Review 00-4, is consistent with the proVISIOns of the Land Use Element of the City's General Plan, which provides a "Residential Medium Density" designation for the subject property and permits the proposed 75-lot single family residential neighborhood subject to approval of a "Site Plan Review", and the issuance of other appropriate discretionary land use entitlements (e.g., subdivision maps, etc.). The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed style, height and bulk of the proposed 75-lot single family residential neighborhood is consistent with adjoining residential and commercial uses, which include an existing residential neighborhood development directly to the north, in the City of Los Alamitos. In addition, the properties adjacent to the subject site to the south have received previous approvals for a commercial shopping center and mitigation measures were imposed by the City Council at the time of certification of the Bixby Old Ranch Towne Center Final Environmental Impact Report (SCH 97091077) to ensure compatibility of the proposed residential and commercial uses. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The subject 75-lot single family residential subdivision and the site proposed for development complies with the roadway alignments and widths and the permitted lot sizes approved in Vesting Tentative Tract Map No. 15797. The proposed residential neighborhood exceeds all standard development requirements of the City related to setbacks, lot coverage, building height, living area, off-street parking, and landscaping. (c) Subject to the proposed conditions of approval, the proposed use of the property as a 75-lot single family residential neighborhood as approved herein will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. (d) Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Site Plan Review 00-4, subject to the following conditions: 1. Site Plan Review 00-4 is approved for a 75-lot single-farnily residential neighborhood in substantial compliance with previous City Council approvals of the Bixby Old Rimch Towne Center project on property located on the east side of Seal Beach Boulevard, approximately 165 feet south of the intersection of Seal Beach Boulevard and Rossmoor Center Way (Vesting Tentative Tract Map No. 15797). All residential development shall be in substantial compliance with the plans submitted as a part of the application, including the model home complex landscaping plans and the construction phasing plan. 2. The applicant shall comply with the provisions of the following Mitigation Measures as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR: The mitigation measures relevant to the requested development are set forth below (56 mitigation measures): Land Use: Mitigation Measure A-I: Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans. Site Plan Review 00-4.PC Reso 3 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Geolol!v: Mitigation Measure C-I: Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the information and be in a form as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7-1-819. Project proponent shall reimburse City costs of independent third-party peer review of said geotechnical report. Mitigation Measure C-2: The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site-specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site-specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project proponent shall reimburse City costs of independent third-party peer review of said site-specific reports. Mitigation Measure C-3: Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil . expansion, and differential compaction. Mitigation Measure C-4: Prior to the tnltlatlon of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. Mitigation Measure C-5: In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 to I (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. Mitigation Measure C-6: All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. Mitigation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to I (horizontal to vertical). Mitigation Measure C-8: Graded, but undeveloped land shall be maintained weed-free and planted with interim landscaping within ninety (90) days of completion of grading, unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. Mitigation Measure C-9: Conformance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. Mitigation Measure C-lO: The potential on-site liquefaction hazard shall be mitigated by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. Water/Drainal!e: Site Plan Review aDA.PC Reso 4 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Mitigation Measure D-2: The runoff from the 10-acre area at the northwest corner of the project shall be diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin will be further increased to accommodate this increase in flow to a capacity of 88.4-acre feet at elevation 12. Mitigation Measure D-4: The inlet capacity of on-site catch basins will be constructed a minimum of 25% larger than that required by the City Engineer in order to reduce the potential for debris blockage during major storms. Mitigation Measure D-5: The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used to conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. Mitigation Measure D-6: The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. Mitigation Measure D-7: Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing drainage network, existing capaCity, pre-and post- project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes. Mitigation Measure D-8: Prior to final design, a comprehensive Water Quality Management Plan (wQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance with applicable NPDES permit requirements. The Plan shall include a combination of stlUctural and non-stlUctural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. Mitigation Measure D-lO: All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. Air OuaIitv: Mitigation Measure E-l: Prior to the issuance of initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of an independent third party peer review of this Plan. Transoortation/Circulation Mitigation Measure F-l: Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project. Site Plan Review OO.4.PC Reso 5 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Biolol!ical Resources: Mitigation Measure G-16: All structures shall be constructed in a manner to exclude rats from gaining "indoor access". Mitigation Measure G-17: All landscaping shall be open and skirted as necessary to exclude rats from nesting in enclosed thickets of vegetation. Enerl!V: Mitigation Measure H-I: Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site. Mitigation Measure H-2: The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights-of-way in the areas of any existing easements. Mitigation Measure H-3: Building energy conservation will be largely achieved by compliance with Titles 20 and 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Section 2-5452(i) and (j) address pipe insulation requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(f) and 1601(b) are Appliance Efficiency Standards. I Mitigation Measure H-4: In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the project. Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. Noise: Mitigation Measure J-l: Construction in areas within 500 feet of residential development shall be limited to the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction activities shall not be permitted in these areas on Sundays or Federal holidays. Use of heavy grading equipment (such as impact hanuners and pile drivers) shall be limited to the hours of 8:00 AM to 5:00 PM on Monday through Friday. Mitigation Measure J-2: All noise sensitive land uses shall be sound attenuated against present and projected noise, which shaU be the sum of aU noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in aU habitable rooms. Evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Site Plan Review 00-4.PC Reso 6 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Services, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report (s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to verify compliance with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent, third party peer review of this evidence. Mitigation Measure 1-4: Prior to the issuance of building pennits, the applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant wi\l provide to each prospective buyer, renter, or lessee of noise sensitive land uses (e.g., senior assisted care units and residential uses) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levels above State and City standards or policies for noise sensitive land uses. Such notification shall be included in all initial escrow documents as well as all subsequent sales or lease documents. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights and that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow. Public Services: Mitigation Measure K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. Mitigation Measure K-3: All new structures shall provide roofing materials of a Class B roofing assembly or better. Site Plan Review 00-4.PC Reso 7 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Mitigation Measure K-4: All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the Citv of Seal Beach. Mitigation Measure K-5: All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. Mitigation Measure K-6: All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. Mitigation Measure K-7: The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the State are set at $1.72 per square foot of assessable space for residential construction and $0.28 per square foot for commercial/industrial projects. Utilities/Service Svstems: Mitigation Measure L-l: All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach Engineering Department for review and approval prior to project construction. Mitigation Measure L-2: The project applicant shall be required to pay their "fair-share" cost for improvement of any off-site water facilities necessary to serve the proposed project. Mitigation Measure L-3: Automatic sprinkler systems, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. Mitigation Measure L-4: Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water- holding capacity of the soil. Mitigation Measure L-5: The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-confonning or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. Mitigation Measure L-7: All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation District of Orange County. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. Mitigation Measure L-8: The project applicant shall be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. Mitigation Measure L-9: Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and church uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. Site Plan Review 00-4.PC Reso 8 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Mitigation Measure L-I 0: The project developer shall adhere to an source reduction programs for the disposal of construction materials and solid waste required by the City of Seal Beach. Mitigation Measure L-12: Prior to issuance of a building permit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Public Works Department. The study should assess available water resources and improvements to the water system required to serve the proposed project and meet fire flow demands. The specific contents of the study should be detennined in coordination with the Public Works Department. The project applicant shall reimburse the City for the costs of an independent third party peer review of this study. Mitigation Measure L-13: Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site water systems. Aesthetics: Mitigation Measure M-I: Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facility, or church uses, the project proponent shall submit project plans (including landscape plans and illustrative elevations) to the Director of Development Services for approval. Said plans shall reflect the fonowing: o All open areas not used for buildings, including but not limited to: parking lots, service areas, wans, walkways, and courtyards shan be attractively landscaped in accordance with landscape plans prepared by a licensed landscape architect. o Concentrated perimeter landscaping shan be installed along Seal Beach Boulevard, Lampson Avenue and the 405 Freeway northbound off-ramp in order to maintain and enhance views from along these roadways. o A funy automated irrigation system shall be included in the landscape plans for the project and an landscaped areas should be maintained in good condition throughout the life of the project. o An buildings and landscaping proposed for the site shan present a cohesive image with attention to compatible materials, building proportion, signage, and architectural styles. o To the degree feasible, the bulk of buildings shall be minimized through articulation of the building mass with offsets, stepped terraces, changes in plane, and other such methods in order to reduce the visual impact of the project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor Highlands and the 405 Freeway. o Rooftop equipment shall be screened from all off-site vantage points and mechanical equipment shan be contained within rooftop enclosures. Rooftop screening materials shan be complimentary in material and color to the building's exterior. o Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapet elevation. o Service areas shall be screened from off-site view and trash containers shan be enclosed using materials complimentary to the commercial buildings. Mitigation Measure M-2: Prior to submittal of final project plans, a photomontage showing illustrative project elevations in their proposed setting shall be prepared by the project proponent and submitted to the City's Development Services Department to illustrate how views from the Seal Beach Boulevard, the 405 Freeway northbound off-ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shan demonstrate compliance with Mitigation Measure M-I above. Site Plan Review 00-4.PC Reso 9 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 Mitigation Measure M-3: Prior to approval of final project plans, a landscape plan for common areas of the project site including street trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Services, and the City Street Tree Division of the Public Works Department for approval after review and comment by the City Tree Preservation Committee Mitigation Measure M-9: A landscaped buffer of no less than ten (10) feet shall be provided along the northern perimeter of Development Area D (the proposed residential site) and the eastern perimeter of Development Areas A (Old Ranch Towne Center) and D to ensure privacy and screen views to and from the adjacent residential neighborhood in Los Alamitos. This shall be completed prior to the final inspection of any building within these development areas. Mitigation Measure M-IO: Prior to issuance of a building permit, a lighting plan for the project site specifying the location and type of all exterior light sources, including street lights, parking lot and driving range lights, shall be prepared and submitted to the Department of Development Services for approval. Mitigation Measure M-ll: Street, parking lot, and other common area lighting shall use low or high-pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party review of lighting plans. Mitigation Measure M-12: All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. Mitigation Measure M-13: The landscape plan for the project shall concentrate landscaping along the periphery of the site and in other areas to minimize impacts on adjacent uses from automobile headlights and other light sources. Mitigation Measure M-15: Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. Mitigation Measure M-16: Interior parking lot landscaping shall cover no less than 5% of the parking lot areas on-site. 3. This Site Plan Review is approved subject to the final building plans indicating no encroachment into the "greenbelt" area dedicated to the City, or into Lot 76, the open space/community park parcel. This will maintain the integrity of the greenbelt area along Seal Beach Boulevard and the open space/community park areas established by Vesting Tentative Tract Map No. 15797, and in accordance with the provisions of the various General Plan Amendments, Zone Changes, Parcel Map, and Development Agreement provisions which this site is subject to. 4. Notwithstanding any default or breach by Bixby Ranch Company under that certain Development Agreement entered into between the City of Seal Beach and Bixby Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440, the City agrees that such default or breach shall not affect or impair the rights of Centex Homes, its successors or assigns, under this Site Plan Review. The City agrees that the rights of Applicant, its successors and assigns, under this Site Plan Review shall continue to bind Applicant and the City, provided, however, that all conditions attached to this Site Plan Review are satisfied by Applicant, its successors or assigns. 5. All conditions of approval of Vesting Tentative Tract Map No. 15797, City Council Resolution No. 4735, shall be met. 6. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (I) duplicate mylar of all public or private improvement plans, two (2) copies (one original and one duplicate) of 35mm microfilm of the public Site Plan Review 00-4.PC Reso 10 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Cell/ex Homes, Bixby Old Ranch) December 6, 2000 or private improvement plans, final structural calculations, and computer analysis, if any, for all buildings, and the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services. The microfilm shall be in 4" x 6" jackets with 6 frames per jacket. The computer analysis may be submitted on standard IBM compatible floppy disks. 7. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) set of computerized data, which is compatible with the City ARCVIEW system or Autocad system, of the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services. Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. 8. This Site Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 9. A modification of this Site Plan Review shall be obtained when the property proposes to modify any of its current conditions of approval. 10. The Planning Commission reserves the right to revoke or modify this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of the Citv of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the Citv of Seal Beach. 11. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Site Plan Review, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 12. A model home complex shall be permitted in substantial compliance with the "Old Ranch Model Homes Preliminary Landscape Plan", dated October 12,2000. Such model home complex shall comply with the following conditions: a. Maintain a minimum of 17 off-street parking spaces, including I handicapped parking space. Said parking area shall be paved with a minimum of 4" of asphaltic concrete. b. The model home complex, including all landscaping and parking lot areas, shall be maintained by Centex Homes in a manner acceptable to the Director of Development Services. c. The model home complex sales office shall not operate between the hours of 6:00 PM and 10:00 AM. d. All development within the model home sales complex shall be in accordance with the approved grading plan for the subject sites and the approved construction plans for the appropriate residential home plans. e. Prior to the sale of Lot 3, the sales office use of the garage shall be removed, and the area provided as a garage area in accordance with the approved plans for Plan I, including the provision of the required driveway in accordance Site Plan Review 00-4.PC Reso 11 Planning Commission Resolution 00-37 Site Plan Review 00-4 (Centex Homes, Bixby Old Ranch) December 6, 2000 with the standards of the City of Seal Beach. All temporary overhead wood structures and other sales office related temporary structures shall be removed prior to the sale of Lot 3. f. The approval of the model home complex is for a period of 2 years from the issuance of the occupancy permits for the residential structures located within the model home complex. Such permit may be extended for an additional year by the Director of Development Services. A request for extension shall be submitted to the Director of Development Services no later than 90 days prior to the expiration of this approval. 13. Final landscape, irrigation, and park improvement plans will be reviewed by the Parks and Recreation Department prior to issuance of building permits by the Department of Development Services. 14. This Site Plan Review shall become null and void unless exercised within one (I) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. PASSED, APPROVED AND ADOPTED by City of Seal Beach at a meeting thereof held on the 2000, by the following vote: the Planning Commission of the 6th day of December A YES: Commissioners Brown, Cutuli, Hood, Lyon and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None crl David Hood, Ph.D. Chairman of the Planning Commission jJ~ I ee Whittenberg /Secretary of the Planning Commission Site Plan Review 00-4.PC Reso 12