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HomeMy WebLinkAboutPC Res 01-42 - 2001-10-03 .' RESOLUTION NUMBER 01-42 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW 01- 3, PERMITTING A SINGLE-STORY, 5,155 SQUARE FOOT ISLANDS RESTAURANT, P ARKlNG, LANDSCAPING AND OTHER ANC1LLARY FACILITIES ON PROPERTY LOCATED ON PARCEL 5 OF TRACT 15767 (BIXBY OLD RANCH TOWNE CENTER, AREA A) THE PLANNING COMMISSION OF II-IE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On August 15, 200 I, Urban Solution, Inc. (the "Applicant") filed an application with the Department of Development Services for Site Plan Rcview 01-3 and Conditional Use Permit 01-12. The applicant is proposing tu build a single- story, 5,155 square foot Islands Rcstaurant, on propcrty locatcd on thc cast side of Seal Beach Buulevard, approximately 960 feet north the intersection of St. Cloud and Seal Beach Boulevard. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ 11.C and III of the City's Local CEQA Guidelines, staff prepared an Initial 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 tu 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 Environmental Impact Report was reviewed 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 fuund, 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 ETR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660. certifying 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 ovcrriding considerations pursuant to the August 3, 1999 writ issucd by the Orange Cuunty Superiur Cuurt. The approval of this resolution is within the scope ofthe project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. Section 3. A duly noticcd public hearing was scheduled before the Planning Commission on October 3, 2001, to consider the application for Site Plan Review 01-3. Section 4. The record of the hearing of October 3, 2001 indicates the following: (a) On August 15, 2001, Urban Solution, Inc. (the "Applicant") filcd an application with the Department of Development Services for Site Plan Review 01-3 and Cunditional Use Permit 01-12. (b) The applicant is proposing to build a single-story, 5,155 square foot Islands Rcstaurant, on propcrty located 011 the cast sidc of Seal Beach Boulevard, approximately 960 feet north the intersection o[St. Cloud and Seal Beach Boulevard. C \My Documenl.IRESOISPR 01-3 (Islands RCSlnulanl) PC Rcsa duclL Wll 0-03-01 Planlll1lg CommISsIOn RemlutlOll 01-42 Sl/e Plan Review 01-3 Islands Restauran/- Old Ranch Town Cen/er October 3, 2001 (c) The proposed development is located in thc Gcncral Commercial (C-2) zone within the Old Ranch Towne Center, a 26.045-acre commercial shoppmg center site located at tile northeast comer of Seal Beach Boulevard and St. Cloud. Thc subject property is located, at the northerly portion of the shopping center site havmg approximately 150 feet of frontage on Seal Beach Boulevard. (d) The commercial shopping center includes 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. The center is currently being developed. Major tenants within the shopping center include: Target; Bed, Bath & Beyond; Ralph's Market; and Sav-On Drugstore. (e) Surrounding land uses and zoning are as follows: North - World Savings bank building as part of Old Ranch Towne Center in the General Commercial (C-2) zone. To the north of the shopping center is a 75-10t residential development being constructed by Centex Homes, in the Residential Medium Density (RMD) zonc. South & East - remaining portions of Old Ranch Towne Center m thc General Commercial (C-2) zone. West - across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center development, in the City of Seal Beach. (t) The City Council has approved requests by the Bixby Ranch Company for General Plan amendmcnts, zone changes, subdivision map approvals and development agreement approvals to confonn 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. (g) The City Council approved "Mitigation Monitorillg Program" establish a number of specific action measures, which have been proposed to reduce the identified environmental impacts to a Icvel of insignificance in relation to this development application. The applicable mitigation measures are proposed to be conditions of approval for this project (56 mitigation measurcs). (h) The proposed style, height and bulk of the proposed commercial structure is consistent with surrounding commercial uses, which include large and small scale commercial structures in the samc zoning area as the subject property. These uses are to the east, south, and north of the subject site, respectively. Similar development standards regarding building height and landscaping apply to those previously approved project eomponcnts. As approved by the City Council, there are sufficient mitigation measures approved by the City Cowlcil to ensure compatibility with adjoining land uses. The subject 5,155 square foot restaurant structure and the site proposed for development exceeds all standard developmcnt requirements of the City related to lot size, setbacks, lot coverage, otT-street parking, and landscaping. Section 5. Based upon thc facts contained in the record, including those statcd in 94 of this resolution and pursuant to the City Code, the Planmng Commission makes the following findings: (a) Site Plan Review 01-3, is consistcnt with thc provisions of the Land Use Element of the City's General Plan, which provides a "general comm(..'n:ial" designation for the subjcct property and penllits the proposed 5,155 square foot rcstaurant structure subject to approval of a "Site Plan Rcview", and the issuance of other appropnate discretIOnary land use entitlements (e.g., conditional use permits, hcight SPR 01-3 (Islands Rc.ldulUnl) PC Rosa 2 Planning CommissIOn ResolutIOn 01-42 SlIe Plan RevIew 01-3 Islands Restaurant - Old Ranch Town Cellle,. October 3. 2001 variations, planned sIgn program, etc.). The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and retleeted 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 5,155 square foot commercial structurc is consistent with surrounding commercial uses located within Old Ranch Towne Center, which include Target; Bcd, Bath & Beyond; Ralph's Markct; and Sav-On Drugstore. Similar dcvelopmcnt standards regarding building height and landscaping apply to these developments. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to cnsurc compatibility with adjoining land uscs. Thc subject development and the site proposed for development exceeds all standard development requirements of the City related to lot size, sctbacks, lot coverage, building height, off-street parking, and landscaping. Therefore, the site is adequate in sizc, shapc, 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 5,155 square foot restaurant structure as approved hercin will be compatible with surrounding uses and will not be detrimental to the surrounding ncighborhood. As the proposed structure is sufficiently screened from adjoining uses by landscaping and the adjoining uses are retail components of the same shopping center, with another commercial rctail complex located across Seal Beach Boulevard, staff is not rccommending any specific noise related conditions at this time that would be in addition to those imposed by the Environmental Impact Report. (d) Required adherence to applicable building and tire codes will ensure there will be adequatc watcr supply and utilities for the proposed use. Section 6. Bast-xl upon the foregoing, the Planning Commission hereby approves Site Plan Review Ol-3, subject to the following conditions: 1. Site Plan Review 01-3 is approved for a singlc-story, 5,155 square foot Islands Restaurant, including parking, landscaping and other ancillary facilities on propcliy located approximately 960 feet north of St. Cloud and Seal Beach Boulevard (Parcel 5 of Tract 15767). All development shall bc in substantial compliance with the plans submitted as a part ofthe application. 2. A minimum 2-foot wide landscape area be provided between thc pcdcstrian walkway and the adjoining driveway entrance/exit point for the shopping center 3. The applicant shall comply with the provisions of thc 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 sct forth below (56 mitigation measures): Land Use: Mitigation Measure A-I: Detailed development plans for Developmcnt Arcas A, B and D shall include walls, landscapcd butlers and building setbacks in order to climinatc potential conflicts with adjacent residcntial and recrcational uses. These detailed plans shall be submitted for review and approval by the Director of Development Serviccs prior to or concurrent with approval of final subdivision maps or plot plans. Ge(}!mzv: Mitigation Measure C-2: The project applicant shall incorporate measures to mitigatc cxpansive soil condItions, compressible/collapsible soil conditions and SPR 01-3 (Islands Rc,tamanl) PC Rc..u 3 Planning CommIssIOn Resolution 01-42 Sile Plan Review 01-3 Island:; Restal/rallt - Old Ranch TOWII Center Octoher 3,2001 liquefaction soil conditions, and impacts from trenching in site-specific Tentative TractJParcel Map Review and Rough Grading Plan Rcvicw 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 bc 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 uneertified fill matcrials will be removed. and replaced with compacted fill during site f:,rrading 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 cxisting 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 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the cntire duration of project earthwork. Mitigation Measure C-6: All grading procedures, tnc1uding soil excavation and compaction, the placement of backfill, and tcmporary excavation shall comply with City of Seal Beach standards. Mitigation Measure C-7: Pennanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vcrtical). Mitigation Measure C-9: Confonnance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate thc cffcct of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building pennits III order to insure that overexcavation of soft, broken rock and clayey soils within shcarcd zoncs will be required where development is planned. Mitigation Measure C-IO: 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/Drailltllle: Mitigation Measure D-5: The projcct shall reduce the impact of contaminants (oil, grease and rubbcr) by the use of Best Management Practices (BMP) used to conform to the requirements of the Nal.J.onal Pollution Discharge Elimination System (NPOES) provisions in the Clean Water Act. The BMP's uscd will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. Mitigation Measure 0-6: The amount of sedimcnt movcment during construction will be minimized by the use of NPOES 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 NPOES. Mitigation Measure 0-7: Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil cngineer in accordance WIth applicable SPR 01-3 (I.ldllu" Rc.ldUldlll).PC Rc,o 4 Plalllllllg CommlSSlO1I ResolutlOlI 01-42 Sile PlulI Review 01-3 1s/allds Reslaurallt- Old Rallch TowlI Center October 3,2001 requirl,menls of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing dminage network, existing capacity, pre-and post- project nm01f volumes, and any necessary improvements to accommodate proposed project runoJIvolumes. MiLigation Measure D-8: Prior to final design, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered dvil engineer or a rehristered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff: The plan shall be prepared in cooniination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance with applicable NPDES pcnnit 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 D-lO: All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. TrUlI!J'Dortatio,,/Circulation Mitigation Measure F-I: Prior to the 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 lohare" costs of highway improvements attributed to the proposed project. Biological Resources: 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. E"ergy: Mitigation Measure H-I: Development plans will be provided to the Southern California Gas Company tmd 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 casements. Mitigation Measure I-I-3: Budding 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 ratc standards. Title 24, California Administrative Code Section 2-5452(i) and (j) address pipe insulation requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(t) and 1601(b) arc Appliance Efficiency Standurdlo. Mitigation Measure H-4: In order to conserve energy devoted to spuce heating and air conditioning, active and paSSIve solar techniques will be SPR 01-3 (Islands Rcslaunml) PC Res" 5 Plannzng Commission ResolutIOn 01-42 Site Plan RevIew 01-3 Islands Restaurant- Old Ranch Town Center Octobed,2001 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 oricnting 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: Mitigation Measure J-I: 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 pcrmitted in these areas on Sundays or Federal holidays. Use of hcavy grading equipment (such as impact hammers and pile drivers) shall be limited to the houn; of8:00 AM to 5:00 PM on Monday through Friday. Mitigation Measure J-3: All non-residential stru1,1ures shall be sound attenuated a!:.rainst the combined impact of all present and projected noise from exterior noise sources to meet thc interior noise criteria as set forth below: o commercial- 50 CNEL; o hotel- 45 CNEL; and o senior assisted living - 45 CNEL. Notwithstanding any land use characterizations, all sensitive land use receptors (including the senior assisted living, Alzheimer's care/skilled 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 intclior noisc standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supctvision of a County-certified acoustical consultant that thesc 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 dcscribing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorpomted into the design of the project. Prior to the issuance of any Ccrtificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Sctvices to verify compliance with all applicable design standards. Public Services: Mitigation Measure K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detaileu project plans, improvement plans, and architectural elevations in relation to the following issues: auequate street and security lighting, clearly marked streets and building identification, adequate intemal circulation and surveillance for patrol officers, and provision of alann systems. Mitigation Mcasure K-3: All new structures shall provide roofing matcrials of a Class B roofing assembly or better. Mitigation Measure K-4: All new structW"es shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance With the provisions ofthc Code ofthe City of Seal Beach. Mitigation Measure K-5: All water mains and hydrants shall provide required firc flows in accordancc with requirements of the Orange County Fire Authority. Mitigation Measurc K-6: All structures shall be constructed pursuant to Unifonn Building Code requirements relative to fire protcction. &PR UI-3 (1.ldnds Re,taurant) PC Rc,u 6 Plallllillg CommisslOlI ResolutlOlI 01-42 Site Plall Relliew 01-3 1slands Restaurallt - Old Rallch TOWII Cellter October 3, 2001 Mitigation 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 facility rates allowed for the mitigation of school impacts in the Statc arc sct at $1.72 per square foot of assessable space for residential construction and SO.28 per square foot for commcrcial/industrial projects. UtilitieslSe,.vice Svstems: Mitigation Measure L-l: All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach Engineering Department for review and approval prior to project construction. Mitigation Measure L-2: The project applicant shall be required to pay their "fair-share" cost for improvcmcnt of any off-site water facilities necessary to serve the proposed project. Mitigation MeasureL-3: Automatic sprinkler systems, soil scnsors or other best available technology shall be utilizcd in the irrigation of the reconfigured golf course and other landscaped areas. 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 efficicnt 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 plwnbing fixtures; and establish pipe lllsulation requirements to reduce the amount of water used before hot water reaches the fixture. Mitigation Measure L-7: All sewer and reelaimed 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 shall be required to pay their fair share cost of any otT-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, restaunmt, senior care and church uses, detailed plans shall be submitted delineating the number, location, and general design of soild waste enclosures and storage areas tor recycled material. Mitigation Measure L-1O: The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid waste required by the City of Seal13each. Mitigation 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-sitc water systcms. Aesthetics: SPR01.3 (I.I.ml. Re.tnuranl).PC Rcso 7 Planlllllg CommISsion ResollltlOll 01-42 Site Plem Review 01-3 lslands Restaurant - Old Ranch Town Center October 3,2001 Mitigation Measure M -1 : Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facility, or church uses, the project proponcnt shall submit project plans (including landscape plans and 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 liccnsed landscape architect. lJ Concentrated perimeter landscaping shall be installed along Seal Bcach Boulevard, Lampson Avcnue 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 ~hall 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 A venue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with MitigatlOn Measure M-l 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 land~cape 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-IO: Prior to issuance of a building permit, a lighting plan for the project site specifying the location and type of all exterior light sources, including street lights, parking lot and driving range lights, shall be prepared and submitted to the Department of Development Services for approval. Mitigation Measure M-II : Strect, parking lot, and other common area lighting shall usc low or high-pressure sodium units, metal halide, clean lucalox or other eilicient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party revicw oflighting 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. SPR 01-3 (Islands Re.t.luCllllI1 PC Rcso 8 Planning CommlsslOll Resolution 0/-42 Site Plan Review 01-3 Islands Restaurant - Old Rallch Tuwll Center October 3,200/ Mitigation Measure M-l3: The landscape plan for the project shall concentrate landscaping along the periphery ofthe site and in other areas to minimi.le impacts on adjacent uses from automobile headlights and other light sourccs. Mitigation Mcasurc M-14: Commercial buildings as well as the proposed hotel, restaurant, church and senior care structures shall usc minimally reflective or tinted glass and all matcrials 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 conerete or high gloss tile should be avoided. Mitigation Measure M-16: Interior parking lot landscaping shall cover no less than 5% of the parking lot areas on-site. 4. Notwithstandmg any default or breach by Bixby Ranch Company under that certain Development Agrecmcnt 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 Islands Restaurants, its successors or assigns, under this Site Plan Review. Thc 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. 5. No commercial deliveries or trash disposal activities may occur in association with the operation of this business facility between the hours of 11 :00 P.M. and 7:00 A.M. 6. The applicant WIll prominently display these conditions of approval in a location within the business's customcr area that is acceptable to the Director of Development Services. 7. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) duplicate mylar of all public or private improvement plans, two (2) copies (one original and one duplicate) of 35mm 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 acccptablc 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. 8. 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. Rcfer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. 9. This Site Plan Review shall not become effective for any purpose unless an "Acceptance of Conditions" fonn has been signed by the applicant in the presence of the Director of Development Services, or notalized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 10. A modification of this Site Plan Review shall be obtained when: o The property proposes to modify any of its current conditions of approval. SPROI-3 (\;Jdllds Rc'laUlalll) PC Resa 9 Plallnillg CommISsion ResolutlOlI 01-42 Site Plan Review 01-3 Islands Restaurant - Old Rallch TOWIl Cellfel October 3, 2001 o There is a substantial change in the mode or charactcr of operations of the establishment II. The Planning Commission reservcs the right to revoke or modifY this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of the Citv 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. 12. In the event staff determines that security problems exist on the site, thc conditions of this pennit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. ] 3. Each business cstablishment shall have a public telephone listing. 14. Each business establishment shall comply with Section 13D, "Noise Control" of the Code of thc City of Seal Beach as the regulatIOns of that Chapter now cxist or may hereafter be amended. Should complaints be received regarding noise generated by a business establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 15. This Site Plan Review shall become null and void unless exercised within one (1) year of the date of final approval, or sllch extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Developmcnt Services a mimmum of ninety (90) days prior to such cxpiration date. PASSED, APPROVED AND ADOPTED by the Planning Commission of thc City of Seal Beach at a meeting thereof held on the 3'd day of October ,2001, by the following vote: AYES: Commissioners Brown, Cutuli, Hood and Sharp NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners David Hood, Ph.D. Chainnan of the Plan SPR 01-3 (Islands Reslauldlll) PC Rcso 10