HomeMy WebLinkAboutPC Res 01-39 - 2001-09-19
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Plannmg Commission Resolution 01-39
CUP 01-11 & SIte Plan Review 01-2
RESOLUTION NUMBER 01-39
A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING CUP
NO. 01-11 & SITE PLAN REVIEW 01-2,
PERMITTING TWO THREE-STORY STRUCTURES
TO HOUSE A 155 UNIT, 219 BED FACILITY (126
UNIT ASSISTED LIVING FACILITY AND A 29 UNIT
ALZHEIMER'S CARE FACILITY) PARKING LOT,
LANDSCAPING AND OTHER ANCILLARY
FACILITIES ON PROPERTY LOCATED
APPROXIMATELY 500 FEET EAST OF THE
SOUTHEAST CORNER OF LAMPSON AVENUE
AND SEAL BEACH BOULEVARD (SUNRISE
ASSISTED LIVING FACILITY)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACI-I DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 11, 2001, Sunrise Assisting Living Facility (the
"Applicant") filed an application with the Department of Development Services for Conditional
Use Permit 01-11 and Site Plan Review 01-2. The applicant is proposing to build a three-story
and a one-story structure to house a 155 unit facility (126 assisted living facility, 29 unit
Alzheimer's care facility), parking lot, landscaping and othcr ancillary facilities on property
located approximately 500 feet east of the southeast corner of Lampson A venue and Seal Beach
Boulevard.
Section 2. Pursuant to ] 4 Calif. Code of Regs. g 15305 and ~ 11.8 of the
City's Local CEQA Guidelines, the Planning Commission determines as follows: The
application for CUP 01-11 & Site Plan Rcvicw 01-2 tor the proposed senior care facility is
within the scope o[the project anal)'7..ed in the Bixby Old Ranch Towne Center EIR, certified by
the City Council on November 23, 1998, through thc adoption of City Council Resolution No.
4660. Said resolution and the Findings and Statement of Ovcrriding Considerations are
ineorporatcd herein by reference.
Scction 3. A duly noticed public hearing was held before the Planning
Commission on September 19, 2001, to consider the application for CUP 01-11 & Site Plan
rcview 01-2. At the public hearing the applicant spoke in favor of thc request, with persons
appearing both in favor of and in opposition to the request.
Section 4.
The record of the hearing of September 19,2001 indicates the
following:
(a) On July 11, 2001. Sunrise Assisted Living (the "Applicant") tiled an
application with the Department of Development Services for Conditional Use Permit 01-11 &
Sitc Plan Rcview 01-2.
(b) Specifically, the applicant is proposing to build a three-story and a one-
story struclure to house a 155 unit facility (126 assisted living facility, 29 unit Alzheimer's care
facility), parking lot, landscaping and other ancillary facilities on property located approximately
500 feet east of the southeast corner of Lampson Avenue and Seal Beach Boulevard.
Planning Commission Resolution 01-39
CUP 01-11 & Site Plan Review 01-2
(c) The subject property contains approximately 3.892 acres of net useable
area and is located approximately 500 feet east of the southeasterly comer of Seal Beach
iloulevard and Lampson Avenue.
(d) The subject property is 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
otl:'ramp.
(e) The entire development site is 13.567 acres in area and currently is
developed with two holes of the Bixby Old Ranch GolfCoursc on the eastern portion of the site,
with the western portion of the site being vacant.
(1) Surrounding land uses and zoning are as follows:
North - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone.
South - 1-405 Freeway, with the Seal Beach Weapons Support Facility
located south of the Freeway, in the Public Land Use/Recreation (PLU/R)
Zone.
East - approximately 1,500 feet to the east is the Bixby Old Ranch Tennis
Club, currently in the General Commercial (C-2) zone and proposed to be
dedicated to the City and placed in the Public Land UseIRccrcation
(PLU/R) Zone, based on City Council actions of November 23, 1998.
West - Approximately 19,000 square feet of retail area in two separate
buildings and a hotel in a General Commercial (C-2) zone. Across Seal
ileach Boulevard, in the Gencral Commercial (C-2) and Light Industrial
(M-I) zones is the Bixby Old Ranch Office Park development, in the City
of Seal Beach.
(g) The "Mitigation Monitoring Program" establishes a number of specific
action measures which have been proposed to rcduce the identified environmental impacts to a
level of insignificance in relation to this developmcnt application. The applicable mitigation
measures are proposed to be conditions of approval for this project (62 mitigation measures):
(h) The proposed style, height and bulk of the proposed structure is consistent
with surrounding commercial uses, which are a hotel devclopment and restaurant uses in the
same zoning area as the subject properly. Similar developmcnt standards regarding building
height and landscaping will apply to those future developments. As approved by the City
Council, there are sufficient mitigation measures approved by the City Council to ensure
compatibility with adjoining land uses. The subject senior care facility and the site proposed for
dcvclopment exceeds all standard development requirements of the City related to lot size,
setbacks, lot coverage, oIT-street parking, and landscaping.
Seclion 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's Code, the
Planning Commission makes the following findings:
(a) Conditional Use Permit 01-11 is consistent with the provisions ofthe Land
Use Element of the City's General Plan, as recently amended by the City Council, which
provides a "general commercial" designation tor the subject property and permits senior care
facilities and hospitals subject to the issuance of a conditional use permit. The use is also
consistent with the remaining elements of the City's General Plan, as the policies of those
elements are consistent with, and ret1eeted in, the Land Use Element. Accordingly, the proposed
use is consistent with the General Plan.
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Planning Commission Resolution 01-39
CUP 01-11 & Sltc Plan Rcvicw 01-2
(b) The proposed style, height and bulk of the proposed structure is consistent
with surrounding commercial uses, which are a proposed hotel development and restaurant uses
in the same zoning area as the subject property. Similar development standards regarding
building height and landscaping will apply to those future developments. As approved by the
City Council, there are sufficient mitigation measures approved by the City Council to ensure
compatibility with adjoining land uses. The subject senior care facility and the site proposed for
development exceeds all standard development requirements of the City related to lot size,
setbacks. lot coverage, of I-street parking, and landscaping. Therefore, the site is adequate in size,
shape, topography and location to meet the needs of the proposed use of the property.
(c) Subject to the proposed conditions of approval, the proposed use of the
property as a senior care facility will be compatible with surroWlding uses and will not be
detrimental to the surrounding neighborhood. As the senior care facility is sufliciently screened
from adjoining uses by landscaping and the adjoining uses are a hotel and restaurant use, and any
residential uses are in excess of 1300 feet to the west and 3200 feet to the east from the proposed
senior care facility, staff is not recommending any specific noise related conditions at this time.
(d) Required adherence to applicable building and fire codes will ensure there
will be adequate water supply and utilities for the proposed use.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Conditional Use Permit 98-15, subject to the following conditions:
1. CUP 01-11 and Site Plan Review is approved for 2 three-story structures to house a
155 unit, 219 bed assisted care facility (126 assistcd care & 29 alzheimer's units),
parking lot, landscaping and other ancillary facilities on property located at the
southeast corner of Lampson avenue and Seal Beach Boulevard at Bixby Old Ranch
Towne Center (Parcel 4 of Parcel Map 97-165)
2. The applicant shall comply with the provisions of the following Mitigation Measures
as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR:
The mitigation measures relevant to the requested development are set forth below
(62 mitigation measures):
Lalld Use:
Mitigation Measure A-I: Detailed development plans for Development Areas A, B and
D shall inelude 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 [mal f>ubdivision maps or plot plans.
Mitigation Measure A-2: Detailed plans for areas adjacent to Lampson Avenue
(Development Areas C, D and E) shall include perimeter landscaping and building
setbacks to insure compatibility with the Scenic Highways Element of the City General
Plan. These detailed plans shall be submitted for review and approval by the Director of
Development Services prior to or concurrent with the approval of final subdivision maps
or plot plans.
GeolollV:
Mitigation Measure C-l: Prior to issuance of a grading permit, the project proponent
shall submit a geotechnical report to the City Engineer for approval. The report shall
include the information and be in a form as required by the Orange County Grading
Manual, Section 5.4 and the Orange COWlty Excavation and Grading Code, Section 7-1-
819. Project proponent shall reimburse City costs of independent third-party peer review
of said geotechnical report.
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Planning Commission Resolution 01-39
CUP 01-11 & Site Plan Review 01-2
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 lI1ld 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 uneertified 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: Tn excavations deeper than four feet but less than
ten feet, a slope no steeper than 1.5 to 1 (horizontal to vertical) shall be provided.
Steeper slopes or deeper excavations will be provided with shoring for stability and
protection. OSHA safety requirements shall be adhered to throughout the entire
duration of project earthwork.
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:
(horizontal to vertical).
Permanent cut and fill slopes shall not exceed 2 to 1
Mitigation Measure C-8: Graded, but undeveloped land shall be maintained
weed-free and planted with interim landscaping within ninety (90) days of completion
of grading, unless building permits are obtained. Planting with interim landscaping
shall comply with NPDES Best Management Practices.
Mitigation Measure C-9: Conformance with the latest Uniform Building
Code and City Ordinll1lces can be expected to satisfactorily mitigate the effect of
seismic groundshaking. Conformance with applicable codes and ordinances shall
occur in conjunction with the issuance of building permits in order to insure that
overexeavation of soft, broken rock and clayey soils within sheared zones will be
required where development is planned.
Mitigation Measure C-I 0: 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.
WaterlDraillaee:
Mitigation Measure D-4: The inlet capacity of on-site catch basins will be
constructed a minimum of25% larger than that required by the City Engineer in order
to reduce the potential for debris blockage during major storms.
Mitigation Measure D-5: The project shall reduce the impact of contanlinants (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
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Planning Commission Resolution 01-39
CUP 01-11 & Site Plan Review 01-2
and grease separators and/or vegetated areas used to biologically treat the
contaminated runoff.
Mitigation Measure D-6: The amount of sediment movcmcnt during construction
will be minimized by Ihe use of NPDES BMP's, including, but not limited to.
sandbags, silt fences, straw bales and rock check dams. The construction and
condition of the BMP's will be periodically inspected during construction and repairs
will be made, when necessary, as required by the NPDES.
Mitigation Mcasure 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 dminage network, existing capacity, pre-and post-project runofi'
volumes, and any necessary improvements to accommodate proposed project runoIT
volumes.
Mitigation Measure D-8: Prior to final design, a comprehensive Water Quality
Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered
professional hydrologist to protect water resources from impacts due to urban contaminants
in surfacc water runoff. TIle plan shall be prepared in coordination with the Regional Water
Quality Control Board, Orange Counly, and the City of Scal Beach to insure compliance
with applicable NPDES pennil requirements. The Plan shall include a combination of
structural and non-structural Besl Management Practices (BMPs) as outlined in Countywide
NPDES Drainage Area Managemenl Plan.
Mitigation Measure D-lO: All project drainagc facilities shall be kept free from
vegetation and debris that causes any runotTto become impounded for more than five
days.
Air Oualitv:
Mitigation Measure E-!: Prior 10 the issuance of initial grading or building permils, 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 detennine which control
measures are feasible, recommend implementation conditions. and establish methods of
applying conditions to contractors, buyers, lessees, tenants and occupants. The project
applicant shall reimburse City costs of an indcpendent third party peer review of this Plan.
TrallsDortatioll/Circulatioll
Mitigation Measure F-l: Prior to the application of each building permit, the applicant
shall pay Cily Traffic Impact fecs and/or post security in a manner meeting the approval of
the Direclor of Public Works for the "fair share" costs of highway improvements attributed
to the proposed project
Mitigation Measure 1'-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.
Biolollieal 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 trecs; and b) non-eucalyptus: 2 to 1 using 36-inch box specimens.
Mitigation Measurc 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 waler bodies shall also be stocked with mosquito fish.
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Planning Commission Resolution 01-39
CUP 01-] I & Site Plan Review 01-2
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 ofvcgctation.
Enerl!V:
Mitigation Measure H-1: Development plans will be provided to the Southern
California Gas Company and the Southern California Edison Company as they
become available in order to facilitatc 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 cascmcnt restriction, construction guidelines, protection of line cascments,
and potcntial amendments to rights-of-way in the areas of any existing casements.
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) addrcss
pipe insulation requirements which can reduce the amount of water used before hot
water reaches equipment or fixtures. Title 20, California Administrative Code
Sections 1604(t) and 1601(b) are Appliance Efficiency Standards.
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 tllat walls are properly insulated, and installing
simple heat storage systcms.
Noise:
Mitigation Measure J-1: Construction in areas within 500 feet of residential development
shall be limited to the hours of 7:00 AM to 8:00 PM on Monday through Saturday.
Construction activities shall not be pennitted in these areas on Sundays or Federal holidays.
Use of heavy grading cquipment (such as impact hammers and pile drivers) shall bc limited
to the hours of 8:00AM 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 thc swn of all noise impacting the project, so as
not to exceed an extcrior noise standard of 65 dB CNEL in outdoor living areas (e.g., for
senior assisted living units) and an interior standard of 45 dB CNEL in all habitable rooms.
Evidence prepared under the supervision of a County-certified acoustical consultant that
these standards will be satisfied in a manner consistent with applicable zoning regulations
shall be submitted as follows:
A. Prior to the recordation of a final tract/parcel map or prior to the issuance of
Gmding Pennits, at the sole discretion of the City, an Acoustical Analysis Report shall be
submitted to the Director of Development Services, for approval. The report shall describe
in detail the exterior noise environment and preliminary mitigation measures. Acoustical
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Plannmg Commission Resolution 01-39
CUP 01-11 & Site Plan Review 01-2
design features to achieve interior noise standards may be included in the report in which
case it may also satisfy "B" below.
B. Prior to the issuance of any building pcnnits, an acoustical analysis report
describing the acoustical design features of the structures required to satisfy the exterior and
interior noise standards shall be submitted to the Director of Development Services for
approval along with satisfactory evidence which indicates that the sound attenuation
measures specified in the approved acoustical report(s) have been incorporated into the
design of the project.
C. Prior to the issuance of any building pennits, all freestanding acoustical barriers
must be shown on the project plans illustmting height, location and construction in a manner
meeting the approval of the Director of Development Serviccs.
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 verify compliance with all applicable design standards.
E. TIle project applicant shall reimburse the City for the costs of an independcnt,
third party peer review of this evidence.
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:
a) commercial - 50 CNEL;
b) hotel-45 CNEL; and
c) sernor 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 projccted noise levels, which shall be the sum of all noise impacting thc
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 pennits, 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 fonn of an Acoustical Analysis Report describing in detail the exterior noise environment
and the acoustical design features required to achieve the interior noise standard and which
indicate that the sound attenuation measures specified have becn incorporated into the design
of the project.
Prior to the issuance of any Certificates of Usc and Occupancy. field testing in accordance
with City policies shall be required by thc Director of Development Services to verily
compliance with all applicable design standards.
Mitigation Measure J-4: Prior to the issuancc of building pennits, the applicant shall
agree by executing an agreement with the Director of Development Services requiring that
thc applicant will provide to each prospective buyer, renter, or lessee of noisc 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 Scrvices 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 literatw"e 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 usc as a Disaster Support Area, noise levels could significantly
increa~e for an wlknown period of time due to increases in airfield opcrations. The
agreement shall also provide that prior to the close of escrow with initial buyers, the written
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Planning Commi~sion Resolution 01-39
CUP 01-11 & Site Plan Review 01-2
disclosure must be acknowledged and signed by all initial buyers, their signature notarized
and deposited in escrow with instructions to the escrow holder to dcliver the executed
disclosure form to the City Clerk within three working days after the close of escrow.
Public Services:
Mitigation Measure K-2: The City of Seal Beach Development Services and Police
Departments shall review and approve all detailed project plans, improvement plans.
and architcctural 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.
Mitigation Measure K-5: All water mains and hydrants shall provide required fire
flows in accordance with requirements of the Orange County Fire Authority.
Mitigation Measure K-6: All structures shall be constructed pursuant to Uniform
Building Code requirements rclative to fire protection.
Mitigation Measure K-1: TI1C project proponent will pay the statutory school fcc, 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 assessable space for residential construction and $0.28 per square foot for
commercial/industrial projects.
Utilities/Service Sv...tems:
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 preparcd 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 thc
proposed project.
Mitigation Mea'lurc L-3: Automatic sprinkler systems, soil sensors or other best
available technology shall be utilized in the irrigation of thc reconfigured golf course
and other landscaped areas.
Mitigation Measure L-4: Milich 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. Thcse laws mandate the use of low volume flush toilets in all
buildings; establish efficiency standards that set thc 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 fixturc.
Mitigation Measure L-7: All scwer and reclaimed water lines and any related
facilities shall be designed and installed pursuant to the requirements of the City of
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Planning Commission Resolution 01-39
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Seal Beach and the County Sanitation District of Orange County. Detailed
improvement plans shall be prepared and submitted to the City of Seal Bcach and the
County Sanitation District of Orange County for review and approval prior to project
construction.
Mitigation Measure 1.,-8: The projcct applicant shall be required to pay their fair
share cost of any off-site wastewater transmission or treatment facilities as well as
required sewer conncction fees to the City of Seal Beach.
Mitigation Measurc L-9: Concurrent with approval of site plans for proposed
commcrcial, hotel, restaurant, senior care and church uses, detailed plans shall bc
submitted dclincating the number, location, and general design of solid waste
enclosures and storage areas for recycled material.
Mitigation Measure 1.,-10: 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 Bcach.
Mitigation Measure L-12: Prior to issuance of a building pcnnit, thc project proponent
shall complete a Master Water Study for submittal to the Seal Beach Public Works
Department. Ibe 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 detennined in coordination with thc Public Works
Department. The project applicant shall reimburse the City for the costs of an independent
third party peer review of this study.
Mitigation Measure L-13: Based on the recommendations containcd in the Master Water
Study, the project proponent shall pay a fair share of the cost required to offSet project
impacts on off-site water systems.
Aesthetics:
Mitigation Measure M-l: Prior to issuance of building penn its for any proposed
commercial, hotel, restaurant, senior care facility, or church uses, the project
proponent shall submit projcct plans (including landscape plans and illustrative
elevations) to the Director of Development Services for approval. Said plans shall
reflcct thc following:
D All open areas not used for buildings, including but not limitcd to: parking lots,
service areas, walls, walkways, and courtyards shall be attractively landscaped in
accordance with landscape plans prepared by a licensed landscape architect.
D 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.
o 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.
[J All buildings and landscaping proposed for the site shall present a cohesive image
with attention to compatible materials, building proportion, signage. and
architectural styles.
o To the degree feasible, the bulk of buildings shall be minimized through
articulation of the building mass with offsets, stepped terraces, changes in planc,
and other such methods in order to reduce the visual impact of thc project as
viewed from Seal Beach Boulevard, Lampson A venuc, Rossmoor Highlands and
the 405 Freeway.
o Rooftop equipment shall be scrccncd from all off-site vantage points and
mechanical equipment shall be contained within rooftop enclosures. Rooftop
screening matcrials shall be complimentary in material and color to the building's
cxtcrior.
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Planning Commission Resolution 01-39
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o Rooftop structures, unless an integral part of the building's design, shall not
exceed the maximum allowed parapet elevation.
o 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 proponcnt 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
Otliee Park would be altered by the proposed project. The photomontage shall
demonstrate compliance with Mitigation Measure M-I above.
Mitigation Measure M-3: Prior to approval of final project plans, a landscape plan for
common areas of the project site including street trees, shall be prepared by a licensed
landscape architect and submitted to the Director of Development Services, and the
City Street Tree Division of thc Public Works Department for approval after review
and comment by thc City Tree Preservation Committee
Mitigation Measure M-6: A Eucalyptus Tree Removal Permit shall be obtained by the
project proponent as required for the proposed removal of on-site eucalyptus trees
with a trunk diameter bTfeater than 12 inches prior to or concurrent with tentative
parcel/tract maps or grading permits.
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 Development Services for approval.
Mitigation 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.
Mitigation Measure M-12: All outdoor lighting should be shielded, directed
downward, and have sharp cut-off qualities at property lines, in order to minimize
light and glare spillover effects.
Mitigation Measure M-B: The landscape plan for the project shall concentrate
landscaping along the periphery of the sitc and in other areas to minimize impacts on
adjacent uses from automobile headlights and other light sources.
Mitigation 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 selceted with attention to minimizing glare impacts
to off-site areas, particularly thc AFRC, the 405 Freeway, Seal Beach Boulevard,
Lampson Avenue, and adjacent residential uses.
Mitigation Measure M-15: Paved areas should be textured, nnd 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 parking lot areas on-site.
3. The applicant shall have prepared a detailed site-specific evaluation of CO
concentrations, with said report to be reviewed by a City-selccted independent third
party expert in air quality analysis. Said report shall analyze existing nnd projected
CO concentration levels at the specific site, identify those areas which exceed any
state or federal standards, and propose site specific mitigation measures necessary to
reduce any exceedence of a state or federal CO standard to a level less than
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significant. Building permits shall not bc issucd wItil said report is approved by the
City and all recommended mitigation measures are fully incorporated into final
construction plans.
4. The applicant shall comply with all site-specific noise mitigation recommendations
for thc proposed project, as recommended by Gordon Bricken and Associates, dated
July 12,2001 and supplemented on August 27,2001, and as summarized below:
o Mitigation to comply with the City's exterior noise regulations would involve a 22
foot high sound wall placcd along the property line near the freeway as detailed on
the site plan.
o A minimum four foot (4') barrier is required in a small area along Lampson
A venue.
o The recommendcd soundwall shall be installed along the property Iinc, as
proposed by the applicant.
o It should bc noted that Mitigation Measure J-2 requires the City to have an
indcpcndent, third party review of these recommendations. This will occur when
final construction plans have been submitted to thc City, and building permits will
not be issued until all concerns of the independent third-party review have been
addressed in the final construction plans for the proposed project.
5. No commcrcial 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 A.M.
6. The applicant will prominently display these conditions of approval in a location
within the busincss's customer area that is acceptable to the Director of Dcvclopment
Services.
7. Notwithstanding any default or breach by Bixby Ranch Company under that certain
Developmcnt Agreement entered into between the City of Seal Bcach and Bixby
Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440, the City
agrees that such defimlt or breach shall not affect or impair thc rights of Sunrise
Assisted Living, Inc. ("Sunrise"), its successor or assigns, under this Conditional Use
Permit. The City agrccs that the rights of Sunrise, its successors and assigns, under
this Conditional Usc Permit shall continue to bind Sunrise and the City, provided,
however, that all conditions attached to this Conditional Use Pcrmit are satisfied by
Sunrise, its successors and assigns.
8. This Conditional Use Permit shall not bccomc effective for any purpose unless an
"Acceptance of Conditions" form has becn 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.
9. A modification of this Conditional Use Permit shall be obtained when:
o The establishment proposes to modify any of its current conditions of approval.
o There is a substantial change in thc mode or character of operations of the
establishment.
10. Thc Planning Commission reserves the right to revokc or modify this Conditional Use
Permit 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 Citv of Seal Beach.
11. 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 rcquire the provision of additional security measures.
12. The cstablishment shall have a publie telephone listing.
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Planning Commission Resolution 01-39
CUP 01-11 & Site Plan Review 01-2
13. The establishment shall comply wilh 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 applieantlbusiness operator to mitigate the noise
level to comply with the provisions of Chapter 13D.
This Conditional Use Permit shall become null and void unless exercised within one (1) year of
the date offinal 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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal
Beach at a meeting thereof held on the 19lh day of September, 2001, by the following vote:
Hood, Brown, Ladner
AYES: Commissioners
NOES: Commissioners
Cutuli
ABSENT: Commissioners Sharp
David Hood, Ph.D.
Chairman of the Planning Commission
Whittenberg
Secretary of the Planning CommiSSIOn
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