Loading...
HomeMy WebLinkAboutPC Res 01-47 - 2001-12-05 RESOLUTION 01-47 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW 01-4 FORA 3-LOT SINGLE-FAMILY RESIDENTIAL NEIGHBORHOOD ON PROPERTY LOCATED ON THE EAST SIDE OF SEAL BEACH BOULEVARD, AT THE INTERSECTION OF SEAL BEACH BOULEVARD AND PLYMOUTH DRIVE (OLD RANCH TOWNE CENTER, AREA D - CENTEX HOMES) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On October 8, 2001, Hunsakcr & Associates (the "Applicant") tiled an application with the Department of Development Services for Tentative Tract Map 16306 and Site Plan Review 01-4. The applicant is proposing to subdivide land and to construct a 3-home single-family, detached housing project as an additional component to the existing Old Ranch development by Centex Homes. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and III of the City's Local CEQA Guidelines, staff prepared an rnitial Study and a Draft Environmental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Environmcntal Impact Report was rcviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, ccrtifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticed public hearing was sehcduled before the Planning Commission on December 5, 2001, to consider the application for Site Plan Review 01-4. Section 4. The record of the hearing of December 5, 2001 indicates thc following: (a) On October 8, 2001, Hunsaker & Associates (the "Applicant") tiled an application with the Department of Development Services for Tentative Tract Map 16306 and Site Plan Review 01-4. (b) The applicant is proposing to subdivide land and to construct a 3-home single-family, detached housing projcet as an additional component to the existing Old Ranch by Centex Homes development. (c) The applicant is proposing to subdivide land and to construct a 3-home single-family, detached housing project as an additional component to the existing Old Ranch by C.IM~ DocmnenlllIRESO\S.le PI.n ReView 01-4 (Cenlex).PC Reso.doe\LW\12-06-01 Planning Commission Resolution 01-47 Site Plan Review 01-4 Celllex lIomes - Old Ranch Towne Center December 5, 2001 Centex Homes development. Proposed lot sizes range between 6,098 and 7,405 square feet. The proposed single-family homes are aIl2-story, between 3,013 and 3,305 square feet ofliving area. (d) The subject property is located on the easterly side of Seal Beach Boulevard, south of Plymouth Drive (Development Area D). (e) The subject area is currently located in the Residential Medium Density (RMD) zone, on an irregular parcel of land having approximately 187 feet of frontage on Seal Beach Boulevard, being approximately 138 feet deep. The subject property is 0.60 :!: acres in area and is vacant. (1) The subject development area is a separate parcel, located on the minor portion of "Development Area D" property, descnbed as Parcel 1 of Parcel Map 2000-191, containing a total of 0.60 :!: acres ofland. (g) Surrounding land uses and zoning are as follows: North - across Plymouth Drive is a Mobil service station in the General Commercial (C-2) Zone. South - Approved Bixby Old Ranch Towne Center currently under construction, in the General Commercial (C-2) Zone. East - immediately to the east is the previously approved Old Ranch residential development, currently under construction by Centex Homes. West - across Seal Beach Boulevard, in the General Commercial (C-2) zonc is thc Rossmoor Center 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. The proposed uses of land set forth in this application confonn to the General Plan land use designations and zoning of the subject property, as well as to Vesting Tentative Tract Map No. 15797. (i) The City Council approved "Mitigation Monitoring Program" establish a number of specific action measures, which have been proposed to reduce the identified environmental impacts to a level of insignificance in relation to this development application. The applicable mitigation measures are proposed to be conditions of approval for this project (44 mitigation measures). (j) The proposed style, height and bulk of the proposed residential structures are consistent with existing residenttal uses to the east and commercial uses presently being constructed to the south, which are part of a previously approved 286,000 square foot commercial shopping center in the C-2 zone. These uses were considered as a total project by the City Council in certifYing the Bixby Old Ranch Towne Center Final Environmental Impact Report (SCH 97091077). As approved by the City Council, there are sufficient mitigation measurcs approved by the City Council to ensure compatibility of this residential neighborhood with adjoining land uses. (k) The subject 3-10t single family residential subdivision and the site proposed for development complies with the roadway alignments and widths and the permitted lot sizes approved in Vesting Tentative Tract Map No. 15797. The proposed residential neighborhood exceeds all standard development requirements of the City related to setbacks, lot coverage, building height, living area, off. street parking, and landscaping. (I) This site was initially planned for a community police and community cable television facility as part of the overall Old Ranch development. The City Council ultimately determined to acquire the leasehold interests of the Old City Hall for use by community cable television and detennined that the provision of public facilities on the subject SIte Plall ReVIew 01-4 (Cenlex).PC Reso 2 Plalllllllg COIIIIIIISSIOII ResolutlOlI 01-47 Site Plan Review 01-4 Celltex HOllies - Old Rallch Towne Center December 5, 2001 property was not desirable. Thc City Council entered into Operating Memorandum Number Two with the Bixby Ranch Company on July 12, 2001. (m) In pcrtinent part Opcrating Memorandum Number Two states: ". . and City has determined it does not need such dcdication and construction. In licu thcreof: Owncr shall pay to City Two Hundred and Ten Thousand Dollars ($210,000.00) within ten (10) days of execution of this OM2. In addition, if Owner transfers such property, and the transfer results in the construction of morc than the 75 residences contemplated by DA Section 3.1.1.1, then the City shall be entitled to receive from Owner an additional One Hundred Thousand Dollars ($100,000.00) within ten (10) days after approval of a subsequent land subdivision entitlement by City." (Operatmg Memorandum Number Two, Section 11.2) (n) The proposed project is in compliance with the provisions of Opcrating Memorandum Number Two. Section 5. Based upon the facts contained in thc rccord, including those stated in ~4 of this rcsolution and pursuant to the City Code, the Planning Commission makes the following fmdings: (a) Site Plan Review 01-4, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "Residential Medium Dcnsity" dcsignation for the subject property and permits the proposcd 3-lot singlc family residential neighborhood subject to approval of a "Sitc Plan Rcview", and the issuance of other appropriate discretionary land use entitlements (e.g., subdivision maps, etc.). The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements arc consistcnt with, and reflected in, the Land Use Element. Accordingly, thc proposed use is consistent with the General Plan. (b) The proposed style, height and bulk of the proposed 3-10t single family residential neighborhood is consistent with adjoining residential and commercial uses, which include a new residential neighborhood developmcnt dircctly to thc east, being developed by the same homebuilder. In addition, the properties adjacent to the subject site to the south have received previous approvals for a commercial shopping center and mitigation measures were imposed by the City Council at the time of certification of the Bixby Old Ranch T ownc Ccntcr Final Environmental Impact Rcport (SCH 97091077) to ensure compatibility of the proposed residential and commercial uses. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The subjcct 3-10t singlc family residential subdivision and the site proposed for development complies with the roadway alignments and widths and the permitted lot sizes approved in Vesting Tentative Tract Map No. 15797. Thc proposcd rcsidential neighborhood exceeds all standard developmcnt requirements of the City related to setbacks, lot coverage, building height, living area, off-street parking, and landscaping. (c) Subject to the proposed conditions of approval, thc proposed use of the property as a 3-10t single family residential neighborhood as approved herein will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As approved by the City Council, there are sufficient mitigation mcasurcs adopted by the City Council to ensure compatibility with adjoining land uses. (d) Required adherence to applicable building and fire codes will ensure there will bc adcquatc watcr supply and utilities for the proposed use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Site Plan Review 01-4, subject to the followmg conditions: I. Sitc Plan Rcvicw 01-4 is approved for a 3-10t single-family residential addition to the previously approved 75-10t neighborhood in substantial compliance with previous City Council approvals of thc Bixby Old Ranch Towne Center project on property located on S,le Plan RL"Vlew 01.4 (Centex) PC Reso 3 Planning COnl/lllSSlOn ResolutIOn 01-47 SUe Plan RevIew 01-4 Cel/tex Homes - Old Ral/ch Towne Center December 5,2001 the east side of Seal Beach Boulcvard, south of thc intersection of Seal Beach Boulevard and Plymouth Drive. All residential development shall be in substantial compliance with the plans submitted as a part of the application. 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 thc rcquested dcvclopment are set torth below (44 mitigation measures): Lalld u...e: Mitigation Measure A-I: Detailed development plans for Development Areas A, B and D shall include walls, landscaped butTers 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. Geology: Mitigation Measure C-I: Prior to issuance of a grading pennit, the projtx..1 proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the information and be in a t01m as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavalion and Grading Code, Section 7-1-819. Project proponent shall reimburse City costs of independent third-party peer review of said geotechnical report. Mitigation Measure C-2: The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site-specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site-specific reports shall be approved by a certified engincering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. 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 1.5 to I (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided WIth shoring tor stabihty 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 till slopes shall not exceed 2 to 1 (horizontal to vertical). Mitigation Measure C-9: Confonnance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic Sac Plan RC>lcw 01-4 (CC"Dlo') PC Ro." 4 PIWlllillg CQ1l11m~~iull Re~ulutioll 01-47 Site Plan Review 01-4 Celllex Ilomes - Old Ranch Towne Center December 5, 2001 groundshaking. Contonnance 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 bc rcquircd where devclopment is planned. Mitigation Measure C-lO: The potential on-site liquefaction hazard shall be mitigated by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted till as required. Water/Dmillaf!e: Mitigation Measure D-5: The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used to conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biolof:,rically treat the contaminated runoff. Mitigation 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 balcs and rock check dams. The construction and condition of the BMP's will be periodically Inspected during construction and repaIrs will be made, when necessary, as required by the NPDES. Mitigation Measure D-7: Prior to final project design, a project specific Drainagc Rcport shall be prepared by a registered civil engineer In accordance with applicable requirements of the Omnge County Flood Control District nnd the City of Seal Beach. The report shall describe the existing drainage network, existing capacity, pre-and post-project runoff volumes, and any necessary improvcments 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 rcgistered profcssional hydrologist to protect watcr resourccs from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coonlination with the Regional Water Quality Control Board, Orangc County, and thc City of Seal Beach to insure compliance with applicable NPDES permit requirements. The Plan shall include a combinallon of structural and non- structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. Mitigation Measure D-I 0: All projcct drainagc facilitics shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. TraI,soorlatio,,;CirculatiOl' Mitil!8.tion Measure F-I: Prior to thc application of each building pennit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project. Biolof!ical Resources: Mitigation Measure G-16: All structures shall be constructed in a manncr to cxclude 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 ofvcgctation. Enel"lzv: Sile Plan ReView 01-4 (Centex) PC Reso 5 PIWI/IlIlg CommISSIOn Resolution 01-47 Site PI'III Review 01-4 Cenfex Homes - Old Ranch Towne Celller December 5, 2001 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 easemcnts. 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 Codc 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 watcr used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(t) 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 bc cncouraged 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 thc sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. Noise: Mitigation Measure J-l : Construction in areas within 500 feet of residential development shall be limited to the hours of7:00 AM to 8:00 PM on Monday through Saturday. Construction 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 8:00 AM to 5:00 PM on Monday through Friday. Mitigation Measure J-2: All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to cxceed an cxtcrior 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 thesc standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows: A. Prior to the rccordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval. The report shall describe in detail the extenor 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 satisty "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures requircd to satisfy the exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report (s) have been incorporated into thc design of the project. Site Plan RevlewUI-4 (Cenlcx) PC Reso 6 Planning CommissIOn ResolutIOn 01-47 Site Plan Review 01-4 Celltex I/omes - Old Ranch Towne Center December 5, 2001 C. Prior to the issuance of any building penuits, all freestanding acoustical barriers must be shown on the projects plans illustrating height, location and consuuction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to venfY compliancc with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent, third party peer review of this evidence. Mitigation Measure 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 assistcd care units and residential uses) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levcls above State and City standards or policies for noise sensitive land uses. Such notification shall be included in all initial escrow documents as well as all subsequent sales or lease documents. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights and that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow. Public Services: Mitiuation Measure K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. Mitigation Measure K-3: All new structures shall provide roofing materials of a Class B roofing assembly or better. Mitigation Measure K-4: All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the Citv of Seal Beach. Mitiga1:J.on Measure K-5: All watcr mains and hydrants shall provide required fire flows in accordance with requirements ofthe Orange County Fire Authority. Mitigation Measure K-6: All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. Mitigation Mca<;ure K-7: The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in thc State arc sct at $1.72 per square foot of assessable space for residential construction and $0.28 per square foot for commercialJindustrial projects. Utilitie.v/Service SVstelll!i: Sile Plan Review 01-4 (Cenlex) PC Reso 7 Plannmg CommISSIOn Rel>olution 01-47 Site Plan RevIew 01-4 Celllex Homes - Old Ranch Towne Center December 5. 2001 Mitigation Measure L-I: All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach Engineering Department for review and approval prior to project construction. Mitigation Measure L-2: The project applicant shall be required to pay their "fair- share" cost for improvement of any off-site water facilities necessary to serve the proposed project. Mitigation Measure L-4: Mulch and other soil covers shall be utilized In all landscaped areas in order to reduce irrigation demands and increase the water-holding capacity of the soil. Mitigation Measure L-5: The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. Mitigation Measure L-7: All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation District of Orange County. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. Mitigation Measure L-8: The project applicant shal1 be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as wcll as required sewer connection fees to the City of Seal Beach. Mitigation 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. Aesthetics: Mitigation Measure M-3: Prior to approval offinal project plans, a landscape plan for common areas of the project site including street trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Services, and the City Street Tree Division of the Public Works Department for approval after review and comment by the City Tree Preservation Committee MitigatIon Measure M-lO: 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 Devclopment Services for approval. Mitigation Measure M -11: Street, parking lot, and other common area lighting shall usc low or high-pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. The project proponent shall reimbursc thc City for the costs of an independent third party review of lighting plans. Mitigation Measure M-12: All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. Mltigation Measure M-13: The landscapc plan for the project shall concentrate landscaping along the periphery of the site and in other areas to minimize impacts on adjacent uses from automobilc headlights and other light sources. S.le Plan RevICW 01-4 (Cenlex) PC Resa 8 Pla1l1111lg COIIUI/lSSlOn Resolution 01-47 SIte Plan RevIew 01-4 Centex Homes - Old Ranch Towne Center December 5, 2001 Mi tigation Measure M -15: Paved area'! should be textured, and large expanses of concrete or high gloss tile should be avoided. 3. 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 Bcach Ordinance No. 1440, the City agrees that such default or breach shall not affect or impair the rights of Centex Homes, its successors or assigns, under this Site Plan Rcvicw. The City agrees that the rights of Applicant, its successors and assigns, under this Site Plan Review shall continue to bind Applicant and the City, provided, however, that all conditions attached to this Site Plan Review are satisfied by Applicant, its successors or assigns. 4. Prior to the final inspection and issuance of an occupancy pennit, the applicant 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, fmal structural calculations, and computer analysis, if any, for all buildings, and the record drawings of grading, landscape and improvement plans to, and in a manner acceptable to, the Director of Development Services. The microfilm shall be in 4" x 6" jackets with 6 frames per jacket. The computer analysis may be submitted on standard IBM compatible floppy disks. 5. Prior to the final inspection and issuance of an occupancy pennit, the applicant sha\1 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 thc Surveyor's Office of the County of Orange for specific requirements of individual submittal. 6. This Site Plan Rcvicw 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. 7. A modification of this Site Plan Review shall be obtained when the project proponent proposes to modify any ofits current conditions of approval. 8. The Planning Commission reserves the right to revoke or modify this Site Plan Rcview if any 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 City of Seal Beach. 9. The applicant shall indemnify, defend and hold hannless City, its officer~, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the nghts pennittcd by this Site Plan Review, and from any and all claims and losses occurring or resulting to any person, finn, corporation or property for damage, injury or death arising out of or connected with the perfonnance of the use permitted hereby. Applicant's obligation to indemnifY, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the CIty in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damagcs, judgments, verdicts, court costs or attorneys' fccs in any such lawsuit or action. 10. This Sitc Plan Review shall become nu\1 and void unless exercised within one (1) year of the date of final approval, or such extension of time as may bc grantcd by thc Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimwn of ninety (90) days prior to such expiration datc. Slle Plan ReVIew 01-4 (Centex) PC Reso 9 " Planlllllg Commission ResollltlOn 01-47 Site Plt/n Review 01-4 Cente.'( Homes - Old Ranch Towne Center December 5. 2001 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 5th day of December , 2001, by the following vote: AYES: Commissioners Brown, Ladner, and Sharp NOES: Commissioners Cutuli and Hood ABSENT: Commissioners ABSTAIN: Commissioners Site Plan ReVIew 01-4 teente.) PC Rcso 10