HomeMy WebLinkAboutPC Res 98-43 - 1998-12-14
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RESOLUTION NUMBER 98 - 43
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING CUP NO. 98-15,
PERMITTING A THREE-STORY AND A ONE-
STORY STRUCTURE TO HOUSE A 162-BED
FACILITY (9I-BED ASSISTED LIVING
FACILITY, 26-BED ALZHEIMER'S CARE
FACILITY AND A 45-BED SKILLED
NURSING FACILITY), PARKING LOT,
LANDSCAPING AND OTHER ANCILLARY
FACILITIES ON PROPERTY LOCATED
APPROXIMATELY 500 FEET EAST OF THE
SOUTHEAST CORNER OF LAMPSON
AVENUE AND SEAL BEACH BOULEVARD
(MARRIOTT BRIGHTON GARDENS
ASSISTED LIVING FACILITY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1 On August 28, 1998, Marriott Senior Living Services (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 98-15 The applicant is proposing to build a three-story and a
one-story structure to house a 162-bed facility (91-bed assisted living facility, 26-bed
Alzheimer's care facility and a 45-bed skilled nursing facility), parking lot, landscaping
and other ancillary facilities on property located approximately 500 feet east of the
southeast comer of Lampson Avenue and Seal Beach Boulevard
Section 2. Pursuant to 14 Calif Code of Regs. ~ 15305 and ~ n B of
the City's Local CEQA Guidelines, the Planning Commission determines as follows The
application for CUP 98-15 for the proposed senior care facility 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 CUP 98-15 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 following:
The record of the hearing of December 9, 1998 indicates
(a) On August 28, 1998, Marriott Senior Living Services (the
"Applicant") filed an application with the Department of Development Services for
Conditional Use Permit 98-15
(b) Specifically, the applicant is proposing to build a three-story and a
one-story structure to house a 162-bed facility (91-bed assisted living facility, 26-bed
Alzheimer's care facility and a 45-bed skilled nursing facility), parking lot, landscaping
and other ancillary facilities on property located approximately 500 feet east of the
southeast comer of Lampson Avenue and Seal Beach Boulevard.
C \My Docum....IRESOICUP 98-.5 PC Re..lulIon docILWl12-15-98
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Planmng CommlSs/tNl llnolullon 98-43
CondlllOlUll Use PermIt No 98-15
Bnghton Gardens - Mamolt SenIor Care FaCIlIty
December 9, 1998
(c) The subject property contains approximately 3892 acres of net
useable area and is located approximately 500 feet east of the southeasterly comer of Seal
Beach Boulevard and Lampson Avenue.
(d) The subject property is legally described as Orange County
Assessor's parcel numbers 086-011-45 and 130-014-8, is currently located in the General
Commercial (C-2) zone, on a irregular parcel of land having approximately 811 feet of
frontage on Seal Beach Boulevard, and approximately 1,607 feet of frontage on Lampson
Avenue. The subject property also has approximately 1,575 feet of frontage along the
north-bound 1-405 Freeway Seal Beach Boulevard off-ramp
(e) The entire development site is 13 567 acres in area and currently is
developed with two holes of the Bixby Old Ranch Golf Course on the eastern portion of
the site, with the western portion of the site being vacant.
(t) Surrounding land uses and zoning are as follows
North - Bixby Old Ranch Golf Course in the Recreation-Golf (R-
G) Zone.
South - 1-405 Freeway, with the Seal Beach Weapons Support
Facility located south of the Freeway, in the Public Land
UseIRecreation (pLUIR) Zone
East - approximately 1,500 feet to the east is the Bixby Old Ranch
Tennis Club, currently in the General Commercial (C-2) zone and
proposed to be dedicated to the City and placed in the Public Land
UselRecreation (pLUIR) Zone, based on City Council actions of
November 23, 1998
West - currently vacant land zoned General Commercial (C-2) and
Public Land Use (pLU), proposed to be changed to General
Commercial (C-2) zoning, in accordance with City Council actions
on November 23, 1998 Across Seal Beach Boulevard, in the
General Commercial (C-2) and Light Industrial (M-l) zones is the
Bixby Old Ranch Office Park development, in the City of Seal
Beach.
(g) 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 ofland set forth in this application
(h) 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 (62 mitigation measures).
(i) The proposed style, height and bulk of the proposed structure is
consistent with surrounding commercial uses, which are a proposed hotel development
and restaurant uses in the same zoning area as the subject property Similar development
standards regarding building height and landscaping will apply to those future
developments. As approved by the City Council, there are sufficient mitigation measures
approved by the City Council to ensure compatibility with adjoining land uses. The
subject senior care facility and the site proposed for development exceeds all standard
development requirements of the City related to lot size, setbacks, lot coverage, off-street
parking, and landscaping
CUP 98-15 PC Rosol.....
2
,
PlannIng COIII1IlIS3I011 R..ol.tlon 98-43
CondItional u.. P.m"t No 98-15
Bnghtoo Gard.... - Mamott SenIor Care FacilIty
Decemb.r 9, 1998
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~, the Planning Commission makes the following findings.
(a) Conditional Use Permit 98-15 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 senior care facilities and hospitals subject to the issuance of a conditional use
permit The use is also consistent with the remaining elements of the City's General
Plan, as the policies of those elements are consistent with, and reflected in, the Land Use
Element. Accordingly, the proposed use is consistent with the General Plan
(b) The proposed style, height and bulk of the proposed structure is
consistent with surrounding commercial uses, which are a proposed hotel development
and restaurant uses in the same zoning area as the subject property Similar development
standards regarding building height and landscaping will apply to those future
developments As approved by the City Council, there are sufficient mitigation measures
approved by the City Council to ensure compatibility with adjoining land uses The
subject senior care facility and the site proposed for development exceeds all standard
development requirements of the City related to lot size, setbacks, lot coverage, 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 of approval, the proposed use of
the property as a senior care facility will be compatible with surrounding uses and will
not be detrimental to the surrounding neighborhood As the senior care facility is
sufficiently screened from adjoining uses by landscaping and the adjoining uses are a
hotel and restaurant use, and any residential uses are in excess of 1300 feet to the west
and 3200 feet to the east from the proposed senior care facility, staff is not recommending
any specific noise related conditions at this time.
(d) Required adherence to applicable building and fire codes will
ensure there will be adequate water supply and utilities for the proposed use
Section 6 Based upon the foregoing, the Planning Commission
hereby approves Conditional Use Permit 98-15, subject to the following conditions
1. CUP 98-15 is approved for a three-story and a one-story structure to house a 162-
bed facility (91-bed assisted living facility, 26-bed Alzheimer's care facility and a
45-bed skilled nursing facility), parking lot, landscaping and other ancillary
facilities on property located at the southeast comer of Lampson avenue and Seal
Beach Boulevard at Bixby Old Ranch Towne Center (parcel 4 of Parcel Map 97-
165)
2. The applicant shall comply with the prOVISIons of the following Mitigation
Measures as adopted by the City Council in certifYing the Bixby Old Ranch
Towne Center EIR.
The mitigation measures relevant to the requested development are set forth
below (62 mitigation measures)'
Land Use:
Miti21ltion 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 adjacerrt residential and recreational uses These
detailed plans shall be submitted for review and approval by the Director of
Development Services prior to or concurrent with approval of final subdivision maps
or plot plans
CUP 98-15 PC Rc.oIubon
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Planmng Comm......"" Ruolu/Jon 98-43
Cond.t.onal Use Perm.t No 98-15
Bnghton Ganlens - Marnan Semor Care FaClI.ty
December 9, 1998
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.
GeolollV:
MitilJ8tion Measure C-l : Prior to issuance of a grading permit, the project
proponent shall submit a geotechnical report to the City Engineer for approval The
report shall include the information and be in a form as required by the Orange
County Grading Manual, Section 5.4 and the Orange County Excavation and Grading
Code, Section 7-1-819. Project proponent shall reimburse City costs of independent
third-party peer review of said geotechnical report
MitilJ8tion Measure C-2: The project applicant shall incorporate measures to
mitigate expansive soil conditions, compressible/collapsible soil conditions and
liquefaction soil conditions, and impacts from trenching in site-specific Tentative
Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by
the project geotechnical consultant Recommendations shall be based on surface
and subsurface mapping, laboratory testing and analysis The geotechnical
consultant's site-specific reports shall be approved by a certified engineering
geologist and a registered civil engineer, and shall be completed to the satisfitction
of the City Engineer. Project proponent shall reimburse City costs of independent
third-party peer review of said site-specific reports
Miti2ation 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
Miti2ation 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.
Miti2ation Measure C-5: In excavations deeper than four feet but less than
ten feet, a slope no steeper than 1.5 to I (horizontal to vertical) shall be provided
Steeper slopes or deeper excavations will be provided with shoring for stability
and protection OSHA safety requirements shall be adhered to throughout the
entire duration of project earthwork.
Miti2ation 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 I
(horizontal to vertical).
Miti2ation Measure C-8: Graded, but undeveloped land shall be maintamed
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 Uniform Building
Code and City Ordinances can be expected to satisfactorily mitigate the effect of
seismic groundshaking. Conformance with applicable codes and ordinances shall
occur in conjunction with the issuance of building permits in order to insure that
overexcavation of soft, broken rock and clayey soils within sheared zones will be
required where development is planned.
CUP 98-13 PC Resolutr..
4
PlannIng ComnuSlllOn R..ol.llon 98-4J
CondItIonal u.. PermIt No 98-15
Bnghton Gard.n. - Mamolt SenIor Care FacilIty
December 9, 1998
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.
Water/Drainalle:
Mitigation Measure D-4: The inlet capacity of on-site catch basins will be
constructed a minimum of 25% larger than that required by the City Engineer in
order to reduce the potential for debris blockage during major storms
Mitill8tion 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.
Mitill8tion Measure D-6: The amount of sediment movement during
construction will be minimized by the use ofNPDES BMP's, including, but not
limited to, sandbags, silt fences, straw bales and rock check dams The
construction and condition of the BMP's will be periodically inspected during
construction and repairs will be made, when necessary, as required by the
NPDES.
Mitigation Measure 0-7: Prior to final project design, a project specific Drainage
Report sha1l 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 sha1l describe the existing drainage netwolk, existing capacity, pre-and post-
project runoff volumes, and any necessary improvements to accommodate proposed
project IUnoff volumes.
Mitill8tion 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 watec resources from impacts due to urban
contaminants in surface water IUnoff The plan shall be prepared in coordination with the
Regional Water Quality Control Board, Orange County, and the City of Seal Beach to
insure compliance with applicable NPDES permit requirements. The Plan shall include a
combination of structural and non-structural Best Management Practices (BMPs) as
outlined in Countywide NPDES Drainage Ares Management Plan
Mitill8tion Measure D-IO: All project drainage facilities shall be kept
free from vegetation and debris that causes any runoff to become impounded for
more than five days.
Air 0ua1itv:
MitiaRhon 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 sha1l 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, lessees, tenants and
ocwpants The project applicant shall reimburse City costs of an independent third party
peer review of this Plan
TransoorllltionlOrculation
MitirionMeasure F-l: Prior to the application of each building permit, the
applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the
CUP 98-15 PC Resolul1on
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P/mrmng Comml3SIOIl llnoluhon 98-43
CondltrOllDl U.e PermIt No 98-15
BnghtOf/ Ganf.... - Mamotl SenIor Care FacIlIty
December 9, 1998
approval of the Director of Public Works for the "fair share" costs of highway
improvements attributed to the proposed project.
MitjOAtiIJl\ Measure F-2: 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.
BiolOl!icol ResOUl'Ces:
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
Mitigation 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"
Miti2ation Measure G-17: All landscaping shall be open and skirted as
necessary to exclude rats from nesting in enclosed thickets of vegetation
Ent!I'PV:
Mitigation Measure H-l' Development plans will be provided to the Southern
California Gas Company and the Southern California Edison Company as they
become available in order to facilitate engineering, design and construction of
improvements necessary to provide electrical, natural gas, and telephone services
to the Bixby Old Ranch site.
Mitigation Measure H-2: The applicant will comply with guidelines provided
by the Southern California Gas Company and the Southern California Edison
Company in regard to easement restriction, construction guidelines, protection of
line easements, and potential amendments to rights-of-way in the areas of any
existing easements.
MitilZation 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 G) 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(t) and 1601(b) are Appliance Efficiency
Standards.
MitilZation 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
CUP 98-1$ PC ResolutIon
6
Planning ComnuSSlon R,soluhon 98-43
Condlhonal U., P,mllt No 98-15
Bnghton Ganien. - Momolt SenIor Care Facll.ty
December 9, 1998
Noise:
Mitigl'fiQn M......'re J-1. Construction in areas within 500 feet of residential
development shall be limited to the hours of7'OO AM to 8 00 PM on Monday through
Saturday. Constroction activities shall not be pennitted 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
Mitip;on M......"llJ-2: All noise sensitive land uses shall be sound attenuated
against present and projected noise, which sha1l be the sum of all noise impacting the
project, so as not to e<<:eed 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 consultant that these standards will be satisfied in a manner consistent with
applicable wning regulations shall be submitted as follows
A Prior to the recordation of a final tradlparcel map or prior to the issuance
ofGrsding Pennits, at the sole discretion of the City, an Acoustical Analysis Report shall
be submitted to the Director of Development Services, for approval The report shall
describe in detail the exterior noise environment and preliminary mitigation measures
Acoustical design features to achieve interior noise standards may be included in the
report in which case it may also satisJy ''D'' below
B. Prior to the issuance of any building permits, an acoustical analysis
report descnbing the acoustical design features of the structures required to satisJy the
exterior and interior noise standards shall be submitted to the Director of Development
Services for approval along with satisfilctory evidence which indicates that the sound
attenuation measures specified in the approved acoustical report(s) have been
incorporated into the design of the project
C. Prior to the issuance of any building permits, all freestanding acoustical
barriers must be shown on the project plans illuslrating height, location and construction
in a manner meeting the approva1 of the Director of Development Services
D. Prior to the issuance of any Certificates of Use and OcaJpancy, field
testing in accordance with T'rtIe 25 regulations shall be required by the Director of
Development Services to verifY compliance with all applicable design standards
E. The project applicant shall reimburse the City for the costs of an
independent, third party peer review ofthis evidence
Mitip;on M......'re J-3' All structures sha1l 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 forth below.
a) commercial- 50 CNEL;
b) hotel-45 CNEL,
c) senior assisted living - 45 CNEL, and
d) residential- 45 CNEL
Notwithstanding any land use characterizations, all sensitive land use receptors (including
the senior assisted living, Alzheimer's carelskilled nursing facility) shall be sound
attenuated against present and projected noise levels, which shall be the sum of all noise
impacting the project, so as not to e<<:eed an exterior noise standard of 65 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-certified acoustical consultant that these standards will be satisfied in a manner
consistent with applicable wning regulations shall be submitted to the Director of
Development Services in the form of an Acoustical Analysis Report desaibing in detail
the exterior noise environment and the acoustical design features required to achieve the
CUP 98-.' PC Resolution
7
Planmng CommISSIon Re.ol.hon 98-43
Concilhonal U.e PermIt No 98-15
Bnghton Gardens - Mamott Semor Care FacilIty
December 9, 1998
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 shaI1 be required by the Director of Development Services
to verifY compliance with all applicable design standards
Mitimrtion Measure J-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 shall be formalized in written Covenants, Conditions and Restrictions (CC&R's)
recorded on the title of each noise sensitive land use building site In addition, each
advertisement, solicitation and sales brochure or other literature regarding noise sensitive
land uses sha11 contain the approved notification language Notification shall also
stipulate that the area is subject to occasional overflights, and that in the event the Los
Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could
significantly increase for an unknown period of time due to increases in airfield
operations The agreement sha11 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 esaow with instructions to the esaow holder to
deliver the executed disclosure form to the City Clerk within three working days after the
close of escrow
Public Services:
MitioRtiQn 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.
MitioRhon Measure K-3: All new structures shall provide roofing materials of
a Class B roofing assembly or better.
MitioRtion 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.
Mitigl'rionMeasureK-5' All water mains and hydrants shall provide required
fire flows in accordance with requirements of the Orange County Fire Authority.
MitiOlltion Measure K-6: All structures shall be constructed pursuant to
Uniform Building Code requirements relative to fire protection
Mitimrtion Measure K-7: The project proponent will pay the statutory school fee,
as applicable to the project, to the Los Alamitos Unified School District Current capital
fitcjlity rates allowed for the mitigation of school impacts in the State are set at $1 72 per
square foot of assessable space for residential construction and $0 28 per square foot for
commercial/industria1 projects
Utilities/Service Svstems:
Mitimrtion Measure L-1. 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
CUP 98-1S PC RaolulJon
8
Planning Comnu..,on ne.oIuhon 98-43 .
Condlllonal U.e Pen",1 No 98-15
Bnghlon Gardens - Mamo/l Senior Care FacIlity
December 9, 1998
Beach Engineering Department for review and approval prior to project
construction.
Mitipinn M......re 1.,.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.
Mitiglltion Messure 1.,.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
Mitimrtion MessureL4: Mulch and other soil covers shall be utilized in all
landscaped areas in order to reduce irrigation demands and increase the water-
holding capacity of the soil.
MitigAtion M......"e 1.,.5. The proposed project shall comply with local and
State laws requiring water efficient plumbing fixtures in order to mmimize 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
MitigHtlonM.......reL-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
MitigationM......'reL-8: The project applicant shall be required to pay their
fair share cost of any off-site wastewater transmission or treatment facilities as
well as required sewer connection fees to the City of Seal Beach
MitigAtion Measure 1.,.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 Measure 1.,.1 0 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
Mitiglltion Measure 1.,.12' Prior to isaJance of a building permit, the project
proponent shall complete a Master Water Study for submittal to the Seal Beach Public
Works Department The study should assess available water resources and
improvements to the water system required to serve the proposed project and meet fire
flow demands The specific contents of the study should be determined in coordination
with the Public Works Department. The project applicant shall reimburse the City for the
costs ofan independent third psrty peer review of this study
MitioAtion Measure 1.,.13: Based on the recommendations contained in the Master
Water Study, the project proponent shall pay a fair share of the cost required to offset
project impacts on off-site water systems
Aesthetics:
Mitigation Measure M-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 (includmg landscape plans and
CUP 98-15 PC ReoolullOD
9
PlannIng CommJsslan Resolutran 98-43
Cond.tJ(Jl/al Use Perm.t No 98-/5
Bnghtan Gan/e... - Moma/l Sen.or Care Facrl.ty
December 9, /998
illustrative elevations) to the Director of Development Services for approval
Said plans shall reflect the following:
.
lJ All open areas not used for buildings, including but not limited to' parking
lots, service areas, walls, walkways, and courtyards shall be attractively
landscaped in accordance with landscape plans prepared by a licensed
landscape architect
lJ 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
lJ 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.
lJ All buildings and landscaping proposed for the site shall present a cohesive
image with attention to compatible materials, building proportion, signage,
and architectural styles.
lJ 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
lJ 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.
lJ Rooftop structures, unless an integral part of the building's design, shall not
exceed the maximum allowed parapet elevation
lJ 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-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
Mitill8tion Measure M-I0. Prior to issuance of a building permit, a lighting
plan for the project site specifying the location and type of all exterior light
sources, including street lights, parking lot and driving range lights, shall be
prepared and submitted to the Department of Development Services for approval
Mitigation Measure M-II. 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 ofan independent third party review of lighting plans
CUP 98-1S PC Resolubon
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Planning CommISSIon Re.oluhon 98-43
Condlllonal U.e Pernlll No 98-15
Bnghlon Gardens - MaTTIoli Semor Care FacIlIty
December 9, 1998
Miti28tion 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
Mitillation 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.
Mitillation 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
Mitigation Measure M-15: Paved areas should be textured, and large expanses of
concrete or high gloss tile should be avoided.
Mitillation Measure M-16. Interior parking lot landscaping shall cover no less than
5% of the parking lot areas on-site.
3. The applicant shall have prepared a detailed site-specific evaluation of CO
concentrations, with said report to be reviewed by a City-selected independent
third party expert in air quality analysis Said report shall analyze existing and
projected CO concentration levels at the specific site, identify those areas which
exceed any state or federal standards, and propose site specific mitigation
measures necessary to reduce any exceedence of a state or federal CO standard to
a level less than significant. Building permits shall not be issued until said report
is approved by the City and all recommended mitigation measures are fully
incorporated into final construction plans
4. The applicant shall comply with all site-specific noise mitigation
recommendations for the proposed project, as recommended by Gordon Bricken
and Associates, dated August 10, 1998, and as summarized below.
lJ "Mitigation to comply with the City's exterior noise regulations would
involve a 16 foot high sound wall placed opposite the secured court area either
at the freeway or at the court."
lJ "A minimum four foot (4') barrier is required in a small area along Lampson
Avenue Please see Exhibit 8 for the location"
lJ The interior requirements can be met by using sound rated windows The
windows will require Sound Transmission Class ratings in the 26 to 40 range
depending on the location."
lJ The recommended soundwall shall be installed along the property line, as
proposed by the applicant.
lJ It should be noted that Mitigation Measure J-2 requires the City to have an
independent, third party review of these recommendations This will occur
when final construction plans have been submitted to the City, and building
permits will not be issued until all concerns of the independent third-party
review have been addressed in the final construction plans for the proposed
project.
5. With the Applicant's consent, the building height shall be reduced from 36 feet to
35 feet to comply with the standards of the City, and that a future height variation
be requested by the Applicant for the proposed architectural features
6. This conditional use permit is approved subject to the final building plans being
revised to not allow for any encroachment into the "greenbelt" area to be offered
for dedication to the City, as established in Final Parcel Map 97-165 This will
maintain the integrity of the greenbelt area in accordance with the provisions of
the various General Plan Amendments, Zone Changes, Parcel Map, and
CUP 98-15 PC Rcoo1utJOD
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PlmJn/ng CommIssIon Re.wluhon 98-43
CondmOlUJi U.e PermIt Na 98-Jj
Bnghton Garde". - Mamott Semar Care FacIlIty
December 9, 1998
Development Agreement provisions which this site is subject to. The issue of the
"greenbelt" area being an easement area or dedication to the City will be the
decision of the City Council when they consider approval of Final Parcel Map 97-
165.
7 Notwithstanding any default or breach by Bixby Ranch Company under that
certain Development Agreement entered into between the City of Seal Beach and
Bixby Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440,
the City agrees that such default or breach shall not affect or impair the rights of
Marriott Senior Living Services, Inc ("Marriott"), its successors or assigns, under
this Conditional Use Permit. The City agrees that the rights of Marriott, its
successors and assigns, under this Conditional Use Permit shall continue to bind
Marriott and the City, provided, however, that all conditions attached to this
Conditional Use Permit are satisfied by Marriott, its successors or assigns
8 No commercial deliveries or trash disposal activities may occur in association
with the operation of this business between the hours of 10 00 P M. and 7 00
AM
9. The applicant will prominently display these conditions of approval in a location
within the business's customer area that is acceptable to the Director of
Development Services
10. This Conditional Use Permit shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the applicant to 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
11. A modification of this Conditional Use Permit shall be obtained when
lJ The establishment 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
establishment
12. The Planning Commission reserves the right to revoke or modifY this Conditional
Use Permit ifany violation of the approved conditions occurs, any violation of the
Code of the City of Seal Beach, occurs, or for those reasons specified by Article
28, and in the manner specified in Article 25, of Chapter 28 of the Code of the
Citv of Seal Beach.
13 In the event staff determines that security problems exist on the site, the
conditions of this permit may be amended, under the procedures of the Code of
the City of Seal Beach. to require the provision of additional security measures
14 The establishment shall have a public telephone listing
15. The establishment shall comply with Section 13D, ''Noise Control" of the Code of
the City of Seal Beach as the regulations of that Chapter now exist or may
hereafter be amended. Should complaints be received regarding noise generated
by the 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
16 This Conditional Use Permit shall become null and void unless exercised within
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 minimum of ninety (90)
days prior to such expiration date.
CUP 98-15 PC ResolutrOll
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Planning Comnuil3,on R..ol.llon 98-43
CondlllonaJ U.. P.n",t No 98-15
Bnghton Ganl.... - Mamott Semor Care FacilIty
Decemb.r 9, 1998
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 14th day of December, 1998, by the
following vote:
AYES: Commissioners
Brown, Cutull, Larson, Lyon
NOES: Commissioners
Hood
ABSENT Commissioners
None
~.v
Chairman of the Planning Commission
e Whittenberg
Secretary of the Planning Commission
CUP 98-13 PC Resolution
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