Loading...
HomeMy WebLinkAboutPC Res 1549 - 1989-08-02 ~, .:: . . RESOLUTION NO. 1549 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING APPROVAL OF VESTING TENTATIVE TRACT MAP 13198 LOCATED IN THE HELLMAN SPECIFIC PLAN AREA The Planning Commission of the City of Seal Beach does hereby resolve: WHEREAS, an application has been filed by Mola Development corporation, Newport Beach, CA 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 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 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 Planning Commission of the City of Seal Beach does hereby make the following findings on Vesting Tentative Tract Map 13198: 1. 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 du/ac, which is consistent with the General Plan designations. 2. That the site is physically sui table for the propsed 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 likely to cause serious public health problems because all necessary utilities and services are available to serve the project. 6. 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. That discharge of water 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. 7. into the violate regional . . Page 2 - Resolution No. 1549 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. 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 program EIR, which adequately describes 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. NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission of the City of Seal Beach does hereby recommends to the City council approval of Vesting Tentative Tract Map 13198, subject to the attached conditions shown as Exhibit A". PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting held on the 2nd day of August, 1989, by the following vote. AYES: Commissioners Fife. SU99s, Sharp. Jessner NOES: Commissioners ABSTAIN: Commissioners ABSENT: Commissioners Rullo . mes Sharp, C airman lanning commission M~ ~. sara Massa-Lavitt, I erim D~rector Department of Development SerV1ces . . Page 1 (Resolution No. 1549) PRIOR TO GRADING PERMIT 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 delineated: 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 Compl iance wi th 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. 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. 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 mi tigation is necessary. e e Page 2 Prior to Grading Permit Resolution No. 1549 3. The developer shall undertake a preconstruct ion 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 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 site. 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 geotechnical 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 e e Page 3 Prior to Grading Permit Resolution No. 1549 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. 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. o Location of model homes (include trap fence and parking lot area) . . Page 4 Prior to Grading Permit Resolution No. 1549 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 subdivider 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 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 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. . e Page 5 Prior to Grading Permit Resolution No. 1549 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. e e Page 6 Resolution No. 1549 PRIOR TO PINAL HAP 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 condi tions 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: 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. F. Landscaping/irrigation facilities. G. Sanitary sewer service facilities. H. Domestic water service facilities. I. Reclaimed water service facilities. e e Page 7 Prior to Final Map Approval Resolution No. 1549 J. utility Connections (i.e., gas, electric, telephone, cable T.V. facilities). K. Traffic signal 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. M1319S and the method of accommodating the drainage. N. Lot monumentation. 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 Community 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. S". 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 e e Page 8 Prior to Final Map Approval Resolution No. 1549 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. B. 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. 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. E. Any construction repair modification, or alteration of any buildings, equipment, structures, or improvements on the property subject to a building permi t shall be subj ect to the approval of the Homeowner's Association and the city of Seal Beach Development Services Department prior to building permit issuance. 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. . . Page 9 Prior to Final Map Approval Resolution No. 1549 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 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 construct the improvements at the corner of westminster Boulevard and Pacific Coast Highway. 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). . . Page 10 Prior to Final Map Approval Resolution No. 1549 G. Northbound left-turn lane at Seal Beach Boulevard and Forrestal Lane. final map shall include the following items: 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 length of tangent between reversing curve shall be 100 feet. Gated entrance to private street shall not control the traffic at First Street ("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. M. "L" Street curb intersecting First Street shall have at least 50 feet on tangent, measured from the end of E.C.R. N. Label the fault zone as Newport-Inglewood fault zone. o. 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. P. "X" Street shall be flattened to a minimum of 150 feet for minimum sight and stopping distance. 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 requirements 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 City Engineer. 15. The A. B. C. D. E. F. G. H. I. J. K. L. e e Page 11 Prior to Final Map Approval Resolution No. 1549 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 I 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 tbe sound attenuation walls at the location of the animal shelter. The report shall address the height and thickness of the wall required to mitigate the noise generated from the shelter. e . Page 12 Resolution No. 1549 PRIOR TO BUILDING PERMIT ISSUANCE 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 Tentative 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. 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 simil~r 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. e e Page 13 Prior to Building Permit Issuance Resolution No. 1549 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 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 permits, 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 help 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. 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 the 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 8:00 p.m. All construction requirements of Chapter 13D of the Municipal Code of Seal Beach shall be complied with. e . Page 14 Prior to Building Permit Issuance Resolution No. 1549 18. Prior to building permit issuance, the developer shall provide the ci ty wi th 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, additional acoustical analysis shall be undertaken and mitigation measures developed to ensure that noise from arterial highways and the existing three (3) oil wells in the northern portion of the property 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. 21. Prior to issuance of building permits for the 89th dwelling unit (the first phase), one-half of the community 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 submi tted 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. e . Page 15 Resolution No. 1549 PRIOR TO CERTIFICATE 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. 3. Tenant/Home Buyer Notifications: A. . The ~ubdivider s~all submit a document separate from the I?eed wh~ch. w~ll be an ~nformation notice or a disclosure of ~ssues per~~~e~t to tenants and/or home buyers. It is required that the J.nJ. tJ.al buyer acknowledge in wri ting his receipt of these d?cuments. Such document shall be incorporated in the sales ~~terature. Such document will provide information on the follow~ng: 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. o Surrounding uses. o The content of this document shall be reviewed and approved by the Director of Development Services. o 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. . . Page 16 Prior to certificate of Occupancy Resolution No. 1549 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. b. Any damage done to existing street improvements and utilities shall be repaired before issuance of a certificate of Occupancy for the development on any parcel wi thin the subdivision. 5. Prior to certificate of Occupancy, the project 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 13198. e e Page 17 Resolution No. 1549 GENERAL CONDITIONS 1. Compliance 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 ci ty Engineer, can be increased to refelct the estimated increases 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 II A" Street is subject to the review and approval of the city Engineer and shall be dedicated to the public. e . Page 18 General Conditions Resolution No. 1549 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. All other sewer lines shall be the responsibility of and be maintained by the adjoining homeowner's association/property owner(s). 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 adjoining 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 the following intersections: 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. Note: The City Attorney shall redraft the second sentence of Condition No. 10 and Condition No. 13 by August 7, 1989. e e Page 19 General Conditions Resolution No. 1549 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. Design subject to approval of City's Planning Director. 19. The developer shall complete the connection from "A" Street to Regency Drive 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. 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, the 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 project 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. e e Page 20 General Conditions Resolution No. 1549 24. The Department 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 "A" Street. 26. A bicycle lane shall be striped with appropriate signing 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 Grove area shall be constructed as described: 1. Developer will fund $150,000 for the improvements to Gum Grove Park. 2. The improvement plans to Gum Grove shall be submitted by the project proponent and approved by the City of Seal Beach including the Parks and Recreation Commission prior to issuance of building permits. 3. 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. 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. e e Page 21 General Conditions Resolution No. 1549 The following trees are acceptable as replacement trees: (1) Eucalyptus Globulus (2) Eucalyptus Camaldulenis (3) Or other appropriate species approved by the Parks and Recreation Commission 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. Pedestrian access shall be provided at Avalon Avenue and shall be designed to provide security at off- hours. The Police Department shall review and approve of the security measures at this pedestrian access location. The project proponent shall also provide removable bollards at the entrance, a park bench and drinking fountain. 6. 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 18-inch water main on the project site shall be upgraded. 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 . . ( . rev1ew1ng agenc1es. , e . Page 22 General Conditions Resolution No. 1549 33. The CC&R's shall include a requirement providing for accessibility of the subdivision to the public for purposes of 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 City-wide 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 two-thirds (2/3) vote of the property owners within the subdivision and approval of the City Council. 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. 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 from the property line.