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HomeMy WebLinkAboutPC Res 98-44 - 1998-12-09 ~ RESOLUTION NUMBER 98- 44 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-1, APPROVING THE SITE PLAN FOR A MAXIMUM 299,000 SQUARE FOOT COMMERCIAL SHOPPING CENTER WITH PARKING, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (BIXBY OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site Section 2. Pursuant to 14 Calif. Code of Regs ~ 15305 and ~ II B of the City's Local CEQA Guidelines, the Planning Commission determines as follows The application for Site Plan Review (SPR) 98-1 for the proposed 26-acre shopping center is within the scope of the project analyzed in the Bixby Old Ranch Towne Center EIR, certified by the City Council on November 23, 1998, through the adoption of City Council Resolution No. 4660. Said resolution and the Findings and Statement of Overriding Considerations are incorporated herein by reference Section 3. A duly noticed public hearing was held before the Planning Commission on December 9, 1998, to consider the application for SPR 98-1 At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request Section 4. The record of the hearing of December 9, 1998 indicates the following (a) On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. (b) Specifically, the applicant is proposing to construct a maximum 299,000 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast comer of Seal Beach Boulevard and St Cloud, as recently approved by the City Council (c) The subject property contains approximately 2529 acres of net useable area and is located north of St Cloud Drive on the east side of Seal Beach Boulevard The property has approximately 1,307 feet of frontage on Seal Beach Boulevard, and is approximately 975 feet in depth C \My DocumenlllRESOISPR 98-. (BIXby) peR docILWlI2-15-98 Planning CommIssIon R..ol.tlOn 98 - 44 SIte Plan R...... 98-1 - Buby Old lltmch Towne Center, 26-Acre Shoppmg Center December 9. 1998 (d) The subject property is legally described as Tentative Tract Map No. 15767 and is currently located in the General Commercial (C-2) zone (e) The subject development site is proposed to be further subdivided into a total of eight parcels, as shown on Tentative Tract Map No. 15767 The parcels range in size from 0.524 acres to 11 768 acres. (1) The entire development site is currently is developed with a small bank building, portions of the Bixby Old Ranch Golf Course, and vacant land owned by the Bixby Ranch Company. (g) Surrounding land uses and zoning are as follows' c North - Bixby Village residential development in the Residential Medium Density (RMD) Zone c South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. c East - Bixby Village residential development m the Residential Medium Density (RMD) Zone and Bixby Old Ranch Golf Course in the Recreation-Golf(R-G) Zone. c West -Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach (h) The City Council has approved resolutions and adopted ordinances which approve requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses ofJand set forth in this application (i) The "Mitigation Monitormg Program" establishes 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 (92 mitigation measures)' G) The proposed shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's Code, the Planning Commission makes the following findings' (a) Site Plan Review 98-1 is consistent with the provisions of the Land Use Element of the City's General Plan, as recently amended by the City Council, which provides a "general commercial" designation for the subject property and permits the proposed shopping center subject to approval of a "Site Plan Review", and the issuance of other appropriate discretionary land use entitlements (e g, conditional use permits, height variations, planned sign program, etc) The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements have also been amended by the City Council to be 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 shopping center is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. Similar development standards regarding building height and SPR 98-1 (BIXby) PCR 2 PlannIng CommllSlon Reaol.t,on 98 - 44 SIte Plan ReVIew 98-1 - Buby Old Rtmch Towne Center, 26-Acre Shopping Center December 9, 1998 landscaping will apply to any future development in the adjacent shopping center 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 shopping center development and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features proposed for approval by height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property (c) Subject to the proposed conditions ofapproval, the proposed use of the property as a shopping center will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time that would be in addition to those imposed by the Environmental Impact Report (d) Required adherence to applicable building and fire codes, along with those mitigation measures related to utilities and water, 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 98-1, subject to the following conditions l. SPR 98-1 is approved for a maximum 299,000 square foot commercial shopping center on property located on the east side of Seal Beach Boulevard, north of St Cloud Drive, at Bixby Old Ranch Towne Center (Tentative Tract Map No 15767), as set forth on "Site Plan", prepared by Nadel Architects Inc dated 11-13-98 including sheets "A" "A-I" "2" and "3" , , " 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 ElR The mitigation measures relevant to the requested development are set forth above on pages 7 through 21 (92 mitigation measures): Land Use: MitiWltion 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 offinal subdivision maps or plot plans Mitil!ation Measure A-2: Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D and E) shall include perimeter landscaping and building setbacks to insure compatibility with the Scenic Highways Element of the City General Plan. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with the approval of final subdivision maps or plot plans Mitigation Measure A-3. Detailed development plans for Development Area A shall be submitted for review and approval by the Director of Development Services to insure that no more than 20"10 of commercial space is devoted to restaurants Geology: Mitil!:ation Measure C-l: Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval SPR 98-1 (BIXby) PCR 3 i Planning Comm.....'tN1 Resolwon 98 - 44 SlIe Phm Rmew 98-1- Bu/by Old &neh Towne Center, 26-Acre Shopping Center December 9, 1998 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. Miti~ation 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 TractlParcel 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. Mitil!ation 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 Mitil!ation Measure C-4: Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected Mitil!ation Measure C-S: In excavations deeper than four feet but less than ten feet, a slope no steeper than 1 5 to 1 (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 Mitil!ation 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 Mitil!ation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). Mitil!ation 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. Mitil!ation Measure C-9: Conformance with the latest Umform Building Code and City Ordinances can he expected to satisfactorily mitigate the effect of seismic groundshaking. Conformance with apphcable 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. Mitil!ation Measure C-I0: 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. WaterlDra;nage: MitilUltion Measure D-l. The capacity of the Old Ranch Retarding Basin will be increased to 87.6 acre feet at elevation 12 so that the peak flow exiting the SPR 98-1 (BIXby) PCR 4 , Plmurmg COIII1IfI33lon Ruo/lIlJon 98 - 44 S.,. Pion RmllW 98-1 - Buby Old Ranch Town. CIII'or. 26-ACIYI Shoppmg CIII'or Drcembor 9, 1998 Retarding Basin will be no greater than the pre-project condition thereby eliminating the increase of runoff due to the increase of impervious area Mitill:ation Measure D-2. The runoff from the 10-acre area at the northwest comer 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-3 Additional capacity in the Old Ranch Retarding Basin to 100 acre feet at elevation 12 will be provided as a mitigation from the impact of drainage from future upstream development. This increase will be approximately 13 percent over the required holding capacity based upon Mitigation Measures D-I and D-2 above Mitigation Measure D-4. The inlet capacity of on-site catch basins will be constructed a minimum of25% larger than that required by the City Engineer in order to reduce the potential for debris blockage during major storms. Mitill:8tion 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 Mitill:ation Measure 0-6: The amount of sediment movement during construction will be minimized by the use ofNPOES 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. Mitill:ation Measure 0-7: Prior to fina1 project design, a project specific Drainage Report shaI1 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 desaibe the existing drainage network, existing capacity, pre-and post-project runoff volumes, and any necessmy 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 5lD'face water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Besch to insure compliance with applicable NPOES permit requirements. The Plan shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in Courrtywide NPOES Drainage Area Management Plan Mitigation Measure D-I0' All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days AirQuaJity: MitiuRtion Measure B-1; 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 ordec to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, SPR 98-1 (BIxby) pCR s PIon11lng CunumS3'OfI Reaolut,on 98 - 44 S,'e Plan Rewew 98-/ - Buby Old Ranch Towne Cenle', 26-Acre Shoppmg Cenle, December 9, /998 lessees, tenants and occupants The project applicant shall reimburse City costs of an independent third party peer review of this Plan 7'ranvp0rt0bontCirculoJion Mitillation M......rrP. F-l: Prior to the application of each building pennit, the applicant sha11 pay City Traffic Impact tees and/or post security in a manner meeting the approval of the Director of Public Works fur the ''fitir share" costs of highway improvements attributed to the proposed project. Miti~on M.......re F-2' Prior to applications fur building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. Mitil#ation Measure F-3 Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. BiologtcaJ Resources: Mitigation Measure G-l Prior to project construction, the California Department ofFish and Game shall be notified pursuant to California Fish and Game Code Sections 1601-1603 and the US Army Corps of Engineers in conjunction with their 404 permit process The proposed project shall provide all required compensation for impacts to on-site wetland habitats Mitigation Measure G-2. International Society of Arboriculture (ISA) pruning standards shall be followed on all trees General pruning guidelines including specifications for making correct pruning cuts, branch selection for different purposes, and topping, as provided by the arborist, shall be followed Mitigation Measure G-3 After project construction, trees that have been topped in the past shall undergo reconstructive pruning to improve tree structure and reduce hazards. Mitigation Measure G-4. All contractors, subcontractors, equipment operators, etc. shall be informed concerning tree preservation standards and procedures. Tree protection guidelines and procedures shall be incorporated into all construction and grading agreements. The project arborist and job superintendent shall oversee all tree protection requirements Mitigation Measure G-5. Prior to any construction activity, tree protection zones shall be delineated for all trees to be preserved. The protection zone will be either 1) five feet from the outside of the dripline of the tree canopy or 2) one foot radius from the trunk for every I-inch of truck diameter, whichever is greater. If construction activity is planned within any tree protection zone, a case-by-case evaluation will be made by an ISA Certified Arborist Mitigation Measure G-6 Prior to any grading or construction activity, a 4-foot high protective fence consisting of chain-link wire or fluorescent webbing attached to steel line posts shall be constructed around the protection zone of all preserved trees Laminated "tree protection zone - no construction activity" signs will be attached to the fence This fence is to remain in place throughout the construction period Mitil!ation Measure G-7 If contact with the tree crown is unavoidable and tree damage will occur, as ISA Certified Arborist shall prune the conflicting branch(es) using ISA standards. Where trenching is necessary in areas that contain tree roots, tree roots shall be pruned using a Dosko root pruner or equivalent. All cuts shall minimize ripping, tearing, and fracturing of the root SPR 98-1 (BIxby) PCR 6 PlannIng Comnu....,on Resolution 98 - 44 SIte Plan RevIew 98-1 - Buby Old Rimch Towne Center, 26-Acre Shoppmg Center D.cembrr 9, 1998 system of the impacted tree The trench shall be made no deeper than the depth of grading or trenching necessary. Mitil!ation Measure G-8. In order to avoid draining or leaking equipment fluids near preserved trees, fluids such as' gasoline, diesel, oils, hydraulics, paint, brake and transmission fluids and glycol (anti-freeze) shall be disposed of properly. Construction equipment shall be parked at least 50 feet away from existing trees to avoid the possibility of leakage of equipment fluids into the soil. Mitil!8tion Measure G-9. In areas affected by grading or excessive construction dust, the tops and undersides of foliage will be washed with a strong water stream every two weeks in morning hours before 10 00 a m to control mite and insect populations. Mitigation Measure G-IO. If irrigation systems or schedules or drainage/runoff patterns are changed by construction activtties, an assessment of irrigation needs shall be conducted to protect the health of the trees to be preserved. This may require the installation of a temporary irrigation system or mobile watering by a water truck Mitigation Measure G-ll All trees to be removed shall be clearly marked at the base of the trunk and at 4 'h feet above ground to avoid removal of the wrong tree. Mitigation Measure G-12 All major tree trimming shall be scheduled so as to not disturb birds-of-prey during nesting periods and Monarch Butterfly overwintering as well as to prevent infestation by the Eucalyptus Long-horn Borer All major tree trimming shall be completed by October 31 in order to avoid infestation by the Eucalyptus Long-homed Borer, the nesting season for birds-of-prey, and Monarch Butterfly clustering. Mitigation Measure G-13: All mature trees lost as a result of project development shall be replaced pursuant to the following ratios a) eucalyptus 4 to 1 using 24-inch box trees; and b) non-eucalyptus: 2 to I using 36-inch box specimens. Mitil!8tion Measure G-14: All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito breeding. These water bodies shall also be stocked with mosquito fish. Mitigation Measure G-15: Grass clippings shall either be removed from the site or composted in a manner that does not breed flies Mitigation Measure G-16' All structures shall be constructed in a manner to exclude rats from gaining "indoor access" Mitil!8tion Measure G-17: All landscaping shall be open and skirted as necessary to exclude rats from nesting in enclosed thickets of vegetation Energy: 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 filcilitate 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 SPR 98-1 (BIXby) PCR 7 Planning Comm....lOn ResolvlIt'" 98 - 44 SlIe PIQ1I Ri!VIt!W 98-1 - Buby Old RDnch Towne Cenler, 26-Acre Shoppmg Cenler December 9, 1998 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 Mitil!ation 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. Mitil!8tion Measure H-5. Electric vehicle charging facilities shall be provided for a minimum of two vehicles and a maximum offour vehicles. Noise: Mitioatinn Measure J-I' ConslJUclion 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 hammers and pile drivers) shall be limited to the hours of 8:00AM to 5 00 PM on Monday through Friday Mitigllfion Measure J-2' All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project., so as not to eKCeed 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 all habitable rooms. Evidence prepared under the supervision of a County- certified acoustical consuhant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as fullows A Prior to the recordation of a final tractlparcel map or prior to the issuance of Grading Permits, at the sole disaetion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval The report shall desaibe 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 winch 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 SPR 98-1 (BIxby) PCR 8 Planning C""""'&SIOII Re.rolahon 98 - 44 SIte Plan Rewew 98-1- lJuby O/J Ranch Towne Cmte" 26-Acre ShoppIng Cmter December 9, 1998 D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in aocordance with Title 25 regulations sha11 be required by the Director of Development Services to verifY compliance with all applicable design standards E. The project applicant sha11 reimburse the City for the costs of an independent, third party peer review of this evidence. MitioAtion Measure 1-3. All structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise aiteria as set fbrth below: a) commercial- 50 CNEL; b) hoteI-45 CNEL; c) senior assisted living - 45 CNEL; and d) Residential- 45 CNEL. Notwithstanding any land use characterizations, all sensitive land use receptors (mcluding the senior assisted living, Alzheimer's care'skilled nursing facility) shall be sound attenuated against present and projected noise levels, which shall be the lRIIII of all noise impacting the project, so as not to exceed an exterior noise standard of65 CNEL in outdoor living areas and an interior noise standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County~fied acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Director of Development Services in the furm of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verifY compliance with all applicable design standards Mitilllllion Measure 1-4: Prior to the issuance of building permits, the applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer, renter, or lessee of noise sensitive land uses (e g, senior assisted care units) 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 in language approved by the Director of Development Services and sha11 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 ares is subject to occasional overflights, and that in the event the Los Alamitos AFRC is activated fur use as a Disaster Support Ares, 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 furm to the City Clerk within three wooong days after the close of escrow Publtc Services: Mitigation Measure K-l Prior to final approval of a vested tentative tractl parcel map the project applicant shall enter into a Development Agreement with the City of Seal Beach. Said agreement shall establish, If required, any payment of the project's fair-share contribution to offset project impacts on public facilities and services including the need for additional law enforcement and fire protection facilities and staffing. SPR 98-1 (BIxby) PCR 9 Planmng Camm,..,OII ResolutIOn 98 - 44 S,t. PiDn R....... 98-/-Buby Old Rtmch Town. Center, 26-Acre Shopprng Center Dec.mb.r 9. /998 Mitig;rtinn 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. Mitiglrtion M.....1I1ll K-3: All new structures shall provide roofing materials of a Class B roofing assembly or better. MitilJlltion 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 City of Seal Beach Mitillation Measure K-5. All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. MitiORhon Measure K-6. All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection Miti~on Measure K-7: The project proponent will pay the statuto!)' school fee, as applicable to the project, to the Los A1amitos Unified School District Current capital fi1cility 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 commercia1fmdustrial projects Utilities/Service Systems: MitiORhon 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. Mitil!ationMeasureL-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. Mitigl'tion Measure lA' 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 Mitil!ationMessureL-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-conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture Mitil!ation 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. SPR 98-1 (BIXby) PCR 10 PlannIng CommlllSIOfl Resolutron 98 - 44 S,te Plan R...... 98-1- Bbrby Old Ronch Towne Center, 26-Acre Shopping Center December 9, 1998 MitipionMeasure 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. Mitiron M.......re L-9: Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and residential uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. Mitigation M......'re L-1O: The project developer shall adhere to all 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 resDW'CeS 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 determined 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. Mitil!Bl:ion 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: Mitil!ation Measure M-l. Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facility, or residential 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 following' c All open areas not used for buildings, including but not limtted to parking Jots, service areas, walls, walkways, and courtyards shall be attractively landscaped in accordance with landscape plans prepared by a licensed landscape architect. c Concentrated perimeter landscaping shall 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 c A fully automated irrigation system shall be included in the landscape plans for the project and all landscaped areas should be maintained in good condition throughout the life of the project c All buildings and landscaping proposed for the site shall present a cohesive image with attention to compatible materials, building proportion, signage, and architectural styles c 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 c Rooftop equipment shall be screened from all off-site vantage points and mechanical equipment shall be contained within rooftop enclosures Rooftop screening materials shall be complimentary in material and color to the building's exterior. c Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapet elevation. SPR 98-1 (BIXby) PCR 11 PlannIng ComRUlliJlOI'/ Resolllhon 98 - 44 SlIe PImt Rewew 98-1- Buby Old Ranch Towne Center, 26-Acre Shoppmg Center December 9, J 998 c Service areas shall be screened from off-site view and trash containers shall 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 shall demonstrate compliance with Mitigation Measure M-I above. 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 Parks and Recreation Department for approval after review and comment by the City Tree Preservation Committee Mitigation Measure M-4. An inventory and relocation plan for existing trees on-site shall be submitted to the Development Services Department for approval prior to issuance of building permits Where trees cannot be relocated, the City shall require the replacement of mature trees pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24-inch box trees and b) non-eucalyptus 2 to 1 using 36-inch box specimens Mitigation Measure M-5 A Eucalyptus Windrow Preservation Plan shall be prepared by a licensed arborist or a landscape architect and submitted to the Department of Development Services and the Street Tree Division of the Parks and Recreation Department for review and approval prior to or concurrent with tentative parceVtract maps or grading permits Said plan shall include a long-term maintenance and financing component which shall be included in the Development Agreement to be executed between the project proponent and the City of Seal Beach. Mitigation Measure M-6. A Eucalyptus Tree Removal Permit shall be obtained by the project proponent as required for the proposed removal of on- site eucalyptus trees with a trunk diameter greater than 12 inches prior to or concurrent with tentative parceVtract maps or grading permits 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. Mitil!:ation 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. SPR 98-1 (BIxby) PCR 12 Planmng Comm,..,,,,, Re.wluhon 98 - 44 S,te Plan Row... 98-/ - Bvtby Old Rtmch Towne Center, 26-Acre Shoppmg Center December 9, /998 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 Mitil!:ation Measure M-14: Commercial buildings as well as the proposed hotel, restaurant, and senior care structures shall use minimally reflective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off-site areas, particularly the AFRC, the 405 Freeway, Seal Beach Boulevard, Lampson Avenue, and adjacent residential uses. Mitil!:ation Measure M-15: Paved areas should be textured, and large expanses of conaete or high gloss tile should be avoided. Mitil!:ation Measure M-16 Interior parking lot landscaping shall cover no less than 5% of the parking lot areas on-site. Cultural Resources Mitil!:ation Measure N-l. A Phase I archaeological survey shall be undertaken by an archaeologist and Native American monitor appointed by the City of Seal Beach City Council prior to any earth moving operations The Archaeological Advisory Committee shall review and provide comments and recommendations to the City Council regarding the proposed scope of field investigation to be completed for the Phase I survey Such scope of work shall contain at a minimum the following' a description of the walk-over field survey methodology, including transect field spacing for the walk-over, a description of the subsurface field sampling plan to be utilized, consisting of test borings and minimum lxl meter test pits; and a description of additional field investigations if cultural resources are identified in the Phase I Investigation Mitigation Measure N-2. Earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of the pre-grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall cease all earth removal or disturbance activities immediately and notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services The City selected archaeologist will have the power to temporarily halt or divert the excavation equipment in order to evaluate any potential cultural material The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the reqUIrements of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted Mitigation Measure N-3 If potentially significant cultural resources are encountered during earth removal or disturbance activities, a "Test Phase", as described in the Archaeological and Historical Element of the City General Plan is required and shall be performed by the City selected archaeologist, and if potentially significant cultural resources are discovered, a "Research Design document" must be prepared by the City selected archaeologist in accordance with the provisions of the Archaeological and Historical Element of the General Plan. The results of the test phase investigation must be presented to the Archaeological Advisory Committee for review and recommendation to SPR 98-1 (BIXby) PCR 13 Plannl1lg Comm,...,,,,, &.oIuhon 98 - 44 S,'e PIDn R...... 98-1 - BIXby Old Ronch Towne Cenler, 26-Acre Shoppl1lg Cenler December 9,1998 the City Council for review and approval prior to continuation of earth removal or disturbance activities in the impacted area of the proposed project Mitigation Measure N-4. Project-related earth removal or disturbance activity is not authorized until such time as the "Test Phase" research is completed and accepted by the City Council and until a written "Authorization to Continue Earth Removal-Disturbance Activity" is issued by the Director of Development Services to applicant for the impacted area of the proposed project. Mitigation Measure N-5. During all "test phase" investigation actlvtltes occurring on site, the City selected archaeologist and the Native American monitor shall be present to conduct and observe, respectively, such "test phase" investigation activities Mitigation Measure N-6. Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Department of Development Services shall contact the Coroner pursuant to Section 5097 98 and 5097 99 of the Public Resources Code N relative to Native American remains Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097 98. Miti2ation Measure N-7. If evidence of subsurface paleontologic resources is found during construction, excavation and other construction activity in that area shall cease and the contractor shall contact the Ctty Development Services Department. With direction from the City, a Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program Recreation Mitigation Measure 0-1. Prior to final approval of a vested tentative tract map, the project applicant shall enter into a Development Agreement with the City of Seal Beach which shall specify that the project proponent will a) offer for dedication to the City of Seal Beach the 6 74 acre Bixby Old Ranch Tennis Club facility for public recreation purposes; b) provide an on-site joint use public/private driving range; and c) provide a 2.5 acre improved park facility adjacent to the residential component of the Project 3 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 4. A modification of this Site Plan Review shall be obtained when lJ The shopping center proposes to modify any of its current conditions of approval. lJ There is a substantial change in the mode or character of operations of the shopping center. 5. 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 City of Seal Beacb, occurs, or for those reasons specified SPR 911-1 (B1I<by) PCR 14 Planning Comm.33.OIJ Ruoluhon 98 - 44 Slle Plan Rm6W 98-1 - Bvtby Old Rtmch Towne Cenler, 26-Acre Shopprng Cenler December 9. 1998 by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach 6 In the event staff determines that security problems exist on the site, the conditions of this Site Plan Review may be amended, under the procedures of the Code of the City of Seal Beach. to require the provision of additional security measures 7. All business establishments shall have a public telephone listing. 8. All business establishments shall comply with Section 130, ''Noise Control" of the Code of the Citv of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by a business establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply with the provisions of Chapter 13D. 9. Litter and trash receptacles shall be located at convenient locations inside and outside all business establishments. Operators of such business establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside any business establishment between the hours of 1000 pm and 7.00 a.m. 10 The Planning Commission reserves the right to revoke or modify this Site Plan Review pursuant to Articles 25 and 28 of The Code of the Citv of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, soh citation and/or litter 11. Property line walls adjacent to the proposed residentiaVpark development adjoining the subject property to the north and east shall have a minimum 8- foot solid masonry or concrete block wall provided. Said wall may not exceed 10 feet in height. 12. Loading dock areas shall not be utilized between the hours of 2 00 A M and 6.00 A M prior to the issuance of a Certificate of Occupancy for the first residential unit as identified as Development Area D in the Bixby Old Ranch Towne Center ElR, and between 10 00 P.M and 6 00 A.M thereafter 13. This Site Plan Review shall become null and void unless exercised wtthin one (1) year of the date of final approval, or such extension oftime as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a mmimum of ninety (90) days prior to such expiration date PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of December , 1998, by the following vote' AYES. Commissioners Brown, Cutuli, Larson and Lyon NOES. Commissioners Hood ABSENT. Commissioners None SPR 98-1 (BIXby) PCR IS Plannmg C""""'sslOn ResolutIOn 98 - 44 SlIe Pion Review 98-1 - Buby Old Ranch Towne Center, 21S-Acre Shoppmg Center December 9, 1998 Bri>n&~,f}t7 Chairman of the Planning Commission , Whittenberg Secretary of the Planning Commissio SPR 98-1 (!lJxby).PCR 16