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HomeMy WebLinkAboutPC Res 99-17 - 1999-05-03 RESOLUTION NUMBER 99-17 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING CUP NO. 99-7, PERMITTING A THREE-STORY 104-ROOM HOTEL, 117-SPACE PARKING LOT, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE 1-405 FREEWAY NORTHBOUND OFF-RAMP AND SEAL BEACH BOULEY ARD (COUNTRY SUITES BY AYRES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1 On May 27, 1999, the Ayres Group (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 99-7 and Height Variation 99-2 The applicant is proposing to build a three-story structure to house a 104-room all-suites hotel facility, a 117-space parking lot, landscaping and other ancillary facilities on property located at the northeast comer of the northbound 1-405 Freeway off-ramp and Seal Beach Boulevard Section 2 Pursuant to 14 Calif. Code of Regs ~ 15305 and ~ Il.B of the City's Local CEQA Guidelines, the Planning Commission determines as follows' The application for CUP 99-7 for the proposed hotel 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 scheduled to be held before the Planning Commission on June 23, 1999, to consider the application for CUP 99-7 The applicant and property owner requested the matter be tabled, and the Planning Commission determined to table the matter, Section 4. The applicant and property owner have requested the matter to be rescheduled before the Planning Commission, and accordingly a duly noticed public hearing was held before the Planning Commission on May 3, 2000, to consider the application for Conditional Use Permit 99-7 Section 5 The record of the hearing of May 3, 2000 indicates the following. (a) On May 27, 1999, the Ayres Group (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 99- 7 The matter was scheduled for public hearing on June 23, 1999, and was tabled at the request of the applicant and property owner. The applicant and property owner have requested the matter placed before the Planning Commission (b) Specifically, the applicant is proposing to build a three-story structure to house a 104-room all-suites hotel facility, a 117-space parking lot, landscaping and other ancillary facilities on property located at the northeast comer of the northbound 1-405 Freeway off-ramp and Seal Beach Boulevard C \My DooumentslRESOlClIP 99-7.Coon1ry SUItes by Ayres PC Resa doclL WIOS-Il.o0 Plannmg COnmllSSlOlI ResolutIOn No 99-/7 Country SUItes by Ayres - 104-Room Hotel May 3, 2000 (c) The subject property contains approximately 2000 acres of net useable area and is located at the northeast comer of the northbound 1-405 Freeway off- ramp and Seal Beach Boulevard (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 previously was 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 (f) The subject development area is proposed as a separate parcel, located on the southwestern portion of the property, described as Parcel 3 of Parcel Map 97-165, containing a total of 2 925 acres of land, comprised of 2000 acres of useable area and 0.925 acres of landscaped setback area The proposed dimensions of the gross lot area are 220 61 feet along Seal Beach Boulevard, having a depth of 499 31 feet along the northerly property line and 37623 feet along the 1-405 Freeway, and being approximately 272 feet in depth at the widest point along the proposed westerly lot line adjacent to Seal Beach Boulevard, including the radius for the 1-405 Freeway off- ramp/Seal Beach Boulevard intersection (g) Surrounding land uses and zoning are as follows North - Undetermined restaurant land uses within the Bixby Old Ranch Towne Center Commercial Overlay (C-2) Zone and across Lampson Avenue, 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 UselRecreation (pLUIR) Zone East - immediately to the east is the location of the Marriott Brighton Gardens Senior Care facility within the Bixby Old Ranch Towne Center Commercial Overlay (C-2) Zone, and approximately 1,500 feet to the east is the Bixby Old Ranch Tennis Club, proposed to be dedicated to the City and within the Public Land UselRecreation (pLUIR) Zone, based on City Council actions of November 23, 1998 West - across Seal Beach Boulevard, in the General Commercial (C-2) and Light Industrial (M-I) zones is the Bixby Old Ranch Office Park development, in the City of Seal Beach (h) The City Council has approved 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 of land set forth in this application (i) The City Council approved "MittgatlOn Momtormg Program" establish a number of speCific action measures, which have been proposed to reduce the identified environmental impacts to a level of insignificance in relation to this development application The applicable mitigation measures are proposed to be conditions of approval for this project (58 mitigation measures) G) The proposed style, height and bulk of the proposed hotel structure is consistent with surrounding commercial uses, which are a previously approved senior care facility and unknown restaurant uses in the same zoning area as the subject property These uses are to the east and north of the subject site, respectively. Similar development standards regarding building height and landscaping will apply to those future CUP 99-7 Country Sudc. by Ayres PC Reso 2 Plalllllng Comm....,on Re..olutloll No 99-17 COUlItry SUite.. by Ayres - J04-Room Hotel May 3, 2000 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 hotel 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. Section 6 Based upon the facts contained in the record, including those stated in ~5 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) Conditional Use Permit 99-7 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits hotels 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 3-story senior care 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 hotel 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 hotel facility will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood As the hotel facility is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a senior care facility and restaurant use, and any reSidential uses are in excess of 350 feet to the northwest, across Seal Beach Boulevard and to the rear of the Bixby Old Ranch Office Park development, and 150 feet to the west from the previously approved senior care facility with a 16-foot property line sound wall separating the two uses, staff is not recommending any specific noise related conditions at this time The Ayres Hotel Group owns, operates and manages hotel facilities in Costa Mesa, Yorba Linda, Orange, San Clemente, Corona, Cardiff by the Sea, Alpine, Ontario and Grapevine The proposed Country Suites is similar to an existing Country Suites in Ontario, approximately 2 blocks from Ontario International Airport which has room rates of$105-125 on weeknights and $80-100 on weekends. The proposed facility is a quality hotel facility and will be an asset to the community (d) Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use Section 7 Based upon the foregoing, the Planning Commission hereby approves Conditional Use Permit 99-7, subject to the followmg conditions 1. CUP 99-7 is approved for a 104-room, three-story hotel faCility, 117 space parking lot, landscaping and other ancillary facilities on property located at the northeast comer of the northbound 1-405 Freeway off-ramp and Seal Beach Boulevard at Bixby Old Ranch Towne Center (parcel 3 of Parcel Map 97-165) All development shall be in substantial compliance with the plans submitted as a part of the application, last edited April 4, 2000, 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: CUP 99-7 Country SUItes by Ayres PC Resa 3 Plannmg ComnllSSlOlI ResolutIOn No 99-/7 Country SUItes by Ayres - /04-Room I/otel May 3, 2000 The mitigation measures relevant to the requested development are set forth below (58 mitigation measures). Land Use: Mitil!ation Measure A-I' Detailed development plans for Development Areas A, Band D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans Geolot!V: Mitigation Measure C-I Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engmeer 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 Mitil!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 Mitigation Measure C-3: Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. Mitigation Measure C-4: Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected Mitigation Measure C-5: In excavations deeper than four feet but less than ten feet, a slope no steeper than I 5 to I (horizontal to vertical) shall be provided Steeper slopes or deeper excavations will be provided with shoring for stability and protection OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork Mitigation Measure C-6: All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. Mitigation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical) Mitigation 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 Miti2ation Measure C-9: Conformance with the latest Uniform, Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of CUP 99-7 Counlry Surt.. by Ayres PC Reso 4 Plalllllng CommlSSIOll ResalullOlI No 99-17 Counlry SUItes by Ayres - /04-Room Hotel May 3, 2000 seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavatlon of soft, broken rock and clayey soils within sheared zones will be required where development is planned Mitigation Measure ColD: 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 WaterlDrainal!e: Mitiltation 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. Mitil!:ation Measure D-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 MitilJation Measure D-7 Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach The report shall describe the existing drainage network, existing capacity, pre-and post- project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes Mitil!:ation Measure D-S' Prior to final design, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance with applicable NPDES permit requirements The Plan shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan Mitigation Measure 0-10. 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 Oualitv: Mitil!:ation 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 order to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and OCQIpants The project applicant shall reimburse City costs of an independent third party peer review of this Plan T1'II1/.'DOI1ationlOrculation Mitigation Measure F-l: Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the CUP 99-7 Country SUIIes by Ayres PC Reso 5 Planmng CommISSIon ResolutIOn No. 99-/7 COUlltry SUItes by Ayres - 104-Room Hotel May J, 2000 approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project Mitigation 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 BioIOflical Resources: 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 I 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". Mitigation Measure G-17. All landscaping shall be open and skirted as necessary to exclude rats from nesting in enclosed thickets of vegetation Enel"l!V: Mitigation Measure H-I Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site Mitigation Measure H-2. The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights-of-way in the areas of any existing easements. Mitigation Measure H-3 Building energy conservation will be largely achieved by compliance with Titles 20 and 24 of the Energy ConservatIOn Code Title 24, California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards Title 24, California Administrative Code Section 2-5452(i) and 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(f) and 1601(b) are Appliance Efficiency Standards Mitigation Measure H-4' In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the project Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems Noise: CUP 99-7 Country SUItes by Ayres PC Re'lO 6 Plallllmg COmmlSSlOlI Resoluholl No 99-/7 COUlItry SUItes by Ayres - J04-Room Ilolel May 3, 2000 Mitigation Measure J-l. Construction in areas within 500 feet of residential development shall be limited to the hours of 7 00 AM to 8 00 PM l)n 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 of8 00 AM to 5'00 PM on Monday through Friday Mitigation Measure J-3' All non-residential structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as set forth below o commercial- 50 CNEL; o hotel- 45 CNEL, and o senior assisted living - 45 CNEL Notwithstandmg 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 exceed 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 zoning regulations shall be submitted to the Director of Development Services in the form of an Acoustical Analysis Report describing in detail the exterior noise envirorunent 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 veritY compliance with all applicable design standards Mitigation M""'''''re J-4. Pnor 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 shall contain the approved notification language Notification shall also stipulate that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow Public Services: Mitil!lltion M""''''.re K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues. adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. Mitigation ~easure K.3; All new structures shall provide roofing materials of a Class B roofing assembly or better CUP 99-7 Country Surte. by Ayre. PC Res. 7 Plannmg Commission ReJoluhon No 99-17 Country SUites by Ayres - J04-Room Hotel May 3, 2000 Miti2lltion Measure K-4 All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the Citv of Seal Beach Mitigation Measure K-5. All water mains and hydrants shall provide required fire flows in accordance with reqllirements of the Orange County Fire Authority Mitigation Measure K-6 All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection Mitigation Measure K-7. The project proponent Will pay the statutrny school fee, as applicable to the project, to the Los Alamitos Unified School District Current capital facility rates allowed for the mitigation of school impacts in the State are set at $1.72 per square foot of as~hle space for residential construction and $0 28 per square foot for commercial/industrial projects. UtilitieslSen'ice Svstem.,: Mitigation Measure 1.-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 Beach Engineering Department for review and approval prior to project construction Mitigation Measure 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 Mitivtion Measure 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 Miti..ation Measure L-4 Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water- holding capacity of the soil Miti2lltion Measure 1.-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, estabhsh 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 Miti..ation Measure 1.-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 Mitilmtion Measure L-8. The project applicant shall be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach Mitigation Measure L-9 Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and church uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. CUP 99-7 Country Sud.. by Ayres PC Reoo 8 Plallmng CommISSIon Resolutloll No 99-17 CoulItry SUItes by Ayres - 104-Room Hotel May 3, 2000 Mitil!ation Measure L-I 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 Mltie:ationMeasureL-12 Prior to issuance of a building permit, the project proponent shall complete a Master Water Study for submittal to.the Seal Beach Public Wolks 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 Worlcs Department The project applicant shall reimburse the City for the costs ofan independent third party peer review of this study Miti"Jltion Measure L-13. Based on the recommendations contaIned In the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site water systems Aesthetics: Mitigation Measure M-I Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facility, or church uses, the project proponent shall submit project plans (including landscape plans and illustrative elevations) to the Director of Development Services for approval Said plans shall reflect the following. [] 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 [] 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 [] 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 [] All buildings and landscaping proposed for the site shall present a cohesive image with attention to compatible materials, building proportion, signage, and architectural styles [] 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 [] 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. [] Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapet elevation [] 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-l above CUP 99-7 Country S.de. by Ayres PC R... 9 Plallllmg CommlSS10ll Resolutloll No 99-17 COUlItry SUites by Ayres - 104-Room /lotel May J. 2000 Mitil!ation Measure M-3. Prior to approval of final project plans, a landscape plan for common areas of the project site including street trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Services, and the City Street Tree Division of the Public Works Department for approval after review and comment by the City Tree Preservation Committee Mitil!ation 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 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 Mitil!ation 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 Mitil!ation 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, church 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 concrete or high gloss tile should be avoided Mitigation Measure M-16' Interior parking lot landscaping shall cover no less than 5% of the parlcing lot areas on-site 3 The building height shall be reduced from 36 feet 8 inches to 35 feet to comply with the standards of the City, and the architectural features subject to Height Variation 99-2 shall be reduced In height from 43 feet 2 inches to 42 feet 4 This conditional use permit is approved subject to the final building plans indicating no 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 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 5 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 Ayres Group ("Ayres"), its successors or assigns, under this Conditional Use Permit The City agrees that the rights of Ayres, its successors and assigns, under this Conditional Use Permit shall continue to bind Ayres and the City, provided, however, that all conditions attached to this Conditional Use Permit are satisfied by Ayres, its successors or assigns. CUP 99.7 Country SUIte. by Ayres PC Reoo 10 Planlllng COlllnllOOlOn ResolutIOn No 99-17 CounlrySulfeo byAyres-l04-RoomHotel May 3, 2000 6 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 7 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 8. Prior to the final inspection and issuance of an occupancy permit, the apphcant shall submit one (I) duplicate mylar of all public or private improvement plans, two (2) copies (one original and one duplicate) of35mm microfilm of the public or private improvement plans, final structural calculations, and computer analysis, if any, for all buildings, and the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services The microfilm shall be in 4" x 6" jackets with 6 frames per jacket The computer analysis may be submitted on standard ffiM compatible floppy disks. 9. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) set of computerized data, which is compatible with the City ARCVIEW system or Autocad system, of the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal 10 This Conditional Use Permit 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 11 A modification of this Conditional Use Permit shall be obtained when c The establishment proposes to modify any of its current conditions of approval. c 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 (I) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date CUP 99-7 Coun1ly SUItes by Ayres PC Reoo 11 Plallllmg CommISSIOn ResolutlOlI No 99-17 COUlItry SUIte. by Ayres - J 04-Room Hotel May 3, 2000 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7?1/72...J-::> day of IJ:JF?Y . 2000, by the following vote. , BROWN, CUTULI, HOOD, AND LYON AYES Commissioners NOES Commissioners ABSENT Commissioners LARSON David Hood, Ph D Chairman of the Planning C ~:::z Whi~berg ~ "'tho p",",.. Co ,"". CUP 99-7 Country Surtes by Ayres PC RelO 12