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HomeMy WebLinkAboutPC Res 01-12 - 2001-04-04 RESOLUTION NUMBER 01-12 A RESOLUTION OF TI-IE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW 01- 1, PERMITTING A SINGLE-STORY, 9,000 SQUARE-FOOT RETAIL! COMMERCIAL! RESTAURANT BUILDING, A DETACHED ATM STRUCTURE, 101-SPACE PARKING LOT, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED ON THE EAST SIDE OF SEAL BEACH BOULEVARD BETWEEN NORTHBOUND I-405 FREEWAY OFF-RAMP AND LAMPSON AVENUE THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section I. On February 26, 2001, Russell Stout and Associates (the "Applicant") filed an application with the Department of Development Services for Site Plan Review 01-1. The applicant is proposing to build a singlc-story, 9,000 square-foot retail/commercial/restaurant building, a detached ATM structure, lOl-space parking lot, landscaping and other ancillary facilities on property located on Parcel 2 of Parcel Map 97-165, on the east side of Seal Beaeh Boulevard, between the northbound 1-405 Freeway off-ramp and Lampson Avenue. Section 2. Pursuant to 14 Calif: Code of Regs. * 15025(a) and *~ II.C and III of the City's Local CEQA Guidelincs, staff prcparcd an Initial Study and a Draft Environmental Impact Report (DElR), to study the enviromnental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments. The DEIR was circulated for public revicw 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 Pinal Environmental Impact Rcport was reviewed by the Planning Commission at a public hearing hcld on September 9, October 21, and Novembcr 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, certifying the Final EIR and adopting a statclllcnt of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the E1R and a statement of ovelTiding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within thc scope of thc project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is hereby incorporated by this reference. The City of Seal Beach, in consideration of the proposed building and usc adjustments in Area B of the Bixby Old Ranch Towne Center Project, has reviewed the project for compliance with the rcquirements of thc California Environmental Quality Act (CEQA) Statutes and Guidelines and thc City of Seal Beaeh environmental procedures. In this regard, the City has reconsidered the Bixby Old Ranch Towne Center EIR, previously certified by the City of Seal Beach on August 23, 1999, and the Mitigation Monitoring PrognuTI prepared for the project. Based upon its review, the City finds the proposed project falls within the scope of the Bixby Old Ranch Towne Center EIR in compliancc with Section 21166 of the California Environmental Quality Act (CEQA, Pub. Res. Codc C \My DOCUIDL'lII.\RESO\Sllc Plall Review 0 1-1.PC Reso.doc\LW\04-04-01 Plannmg Comml~sio" Resolution 01-12 Site Plan RevIew 01-1 Bixby Old Ranch Towne Center - Area B Parcel Map 97-165, Parcell April 4, lOO 1 ~ 21000, et seq.) and Section 15162 of the CEQA Guidelines based upon the following findings: (a) Substantial changes arc not proposed in the project, which will require major revisions of the environmental impact report. The proposed adjustments in building arca and usc arc minor in character. Certification of the Bixby Old Ranch Towne Center EIR considered the development of Area B for commercial development. (b) Substantial changes have not occurred with respect to the circumstances under which the project is being undertaken which will rcquire major revisions in the environmental impact report. The proposed adjustments in building area and use would not result in changes in circumstances surrounding thc projcct pcr the certified EIR. (c) There is no new infonnation, which was not known and could not have been known at the time the environmental impact was certified as complete, that has become available. The environmental effects of the certified EIR and approvcd project have not been changed by the proposed adjustments in building arca and use. Moreover, the proposed adjustments in building area and use would not result in new significant impacts not previously identified. Section 3. A duly noticed public hcaring was scheduled before the Planning Commission on March 21, 200 I, to consider the application for Site Plan Review 01-1. Said hearing was opened and continued to April 4, 2001, at the request of the property owner. Section 4. The record of the hearing of April 4, 2001 indicates the following: (a) On February 26, 2001, Russell Stout and Associates (the "Applicant") filed an application with the Dcpartment of Development Services for Site Plan Review 01-1 (b) The applicant is proposing to build a single-story, 9,000 square- foot retail/commercial/restaurant building, a detached A TM structure, 10 I-space parking lot, landscaping and other ancillary facilities on property located on Parcel 2 of Parcel Map 97-165, on the east side of Seal Beach Boulevard, between the northbound 1-405 Freeway off-ramp and Lampson Avenue. (c) The subject property contains approximatcly 1.35 acres of net useable area and is located on the east side of Seal Beach Boulevard, between the northbound 1-405 Freeway off-ramp and Lampson Avenue on west-central portion of the site. (d) The subject property is legally described as Parcel 2, Parcel Map 97-165, 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 ofI"ranlp. (e) The entire development site is 13.567 acres in area and previously was developed with two holes ofthe Bixby Old Ranch Golf Course on the eastern portion of the site, with the western portion of the site being vacant. (1) The subjcct development area is proposed as a separate parcel, located on the west-central portion of "Development Area B' property, described as Parcel 2 of Parcel Map 97-165, containing a total of 1.59 acres ofland, comprised of 1.35 acres of useable 'area and 0.24 acres of landscaped setbaek arca (Notc: The City has accepted a dedication of the 0.24-acre landscaped setback area). The proposed dimensions of the gross lot area are approximately 152 feet along Seal Beach Boulevard, Site Plan ReVIew 01-1 PC Resa 2 Plalllllllg Comnll~~ion Resolution 01-12 Site Plan RevIew 01-1 Bixbv Old Ranch Towne Center - Area B . Parcel Map 97-165, Parcel 2 Apri/4,2001 having a depth of approximately 475 feet along the northern property line and 461 feet along the southerly property line, and approximately 125 feet along the proposed easterly lot line adjaeent to the previously approved Marriott Brighton Gardens Assisted Care facility. (g) Surrounding land uses and zoning are as follows: North - Immcdiatcly to the north is the previously approved 10,000 square foot restaurant/bank building approved through Site Plan Review 00-2, in the Bixby Old Ranch Towne Center Commercial Overlay (C-2) Zone. Across Lampson Avenue is the Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. South - Previously approved 104-room Country Inn by Ayres within the Bixby Old Ranch Towne Center Commercial Overlay (C-2) Zone and 1-405 Freeway, with the Seal Beach Weapons Support Facility located south of the Frccway, in the Public Land Use/Recreation (PLU/R) Zonc. East - immediately to the east is the location of thc Marriott Brighton Gardcns Senior Carc facility within the Bixby Old Ranch Towne Center Commercial Overlay (C-2) Zone, and approximately 1,500 feet to the east is the Bixby Old Ranch Tennis Club, proposed to be dedicated to the City and within the Public Land Use/Recreation (PLU/R) Zone, based on City Council actions of November 23, 1998. West - across Seal Beach Boulevard, in the General Commcrcial (C-2) and Light Industrial (M-1) zones is the Bixby Old Ranch Office Park development, in the City of Seal Beach. (h) The City Council has approved requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject arCH to conform to the proposed uses of land set forth in this application. (i) The City Council approved "Mitigation Monitoring Program" establish a number of specific action measures, which have been proposed to reduce the identificd environmental impacts to a level of insignificance in relation to this development application. The applicable mitigation measures are proposed to bc eonditions of approval for this project (57 mitigation measures): G) The proposed style, height and bulk of thc proposed commcrcial structure is consistent with surrounding commercial uses, which are a previously approved senior care facility, a 104-room 3-story hotel, and a 10,000 square foot commercial structure in the same 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 prcvious1y approved and future developments. As approvcd by the City Council, there are sufficient mitigation measures approved by the City Council to ensure compatibility with adjoining land uscs. The subject 9,000 square foot commercial structure and the site proposed for dcvc10pmcnt excceds all standard devc10pment requirements of the City related to lot sile, setbacks, lot coverage, ofT-street parking, and landscaping. Section 5. Bascd upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (a) Site Plan Review 01-1, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits the proposed 9,000 square foot commercial structure subject to approval of a "Site Plan Review", and the issuance of other appropriatc discrctionary land use entitlements (e.g., conditional use pennits, height Site PldD RevIew 01-1 PC Reso 3 Planning CommissIOn Resolution 01-12 Site Plan Review 01-1 Bixby Old Ranch Towne Center - Area B Parcel Map 97-165, Parcel 2 Apnl4,2001 variations, planned sign program, etc.). The use is also consistent with the remaining c\cmcnts of the City's General Plan, as the policies of those elements are eonsistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistcot with the General Plan. (b) The proposed style, height and bulk of the proposcd 9,000 square foot commercial structure is consistent with surrounding commercial uses, which include an existing professional office development in the same zoning area as the subject property, directiy across Seal Beach Boulevard. In addition, the properties adjacent to the subject sitc have received approvals for a 3-story 162-room Marriott Senior Care facility, and a 3-story 104-room hotel facility, and a 10,000 square foot commercial building. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The subject development and the site proposed for development exceeds all standard development requirements of the City related to lot sizc, setbacks, lot coverage, building height, off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and loeation 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 9,000 square foot commercial structurc as approved herein will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the proposed structure is sufficiently screened from adjoining uscs by landscaping and the adjoining uses are a golf course and similar eommercial uses, with a professional office complex located across Seal Beach Boulevard, staff is not recommending 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 fire codes will ensure there will be adequate water supply and utilities for the proposcd use. Section 6. Based upon the foregoing, the Planning Commission hereby approves Site Plan Review 01-1, subject to tile following conditions: 1. Site Plan Review 01-1 is approved for a single-story, 9,000 square-foot retail/office/commercial building, a detached ATM structure, lOl-space parking lot, landscaping and other ancillary faeilities on property located at the southeast comer of Seal Beach Boulevard and Lampson Avenue, at Bixby Old Ranch Towne Center (Parcel 2 of Parcel Map 97-165). All development shall be in substantial compliance with the plans submitted as a pm1 of the application. 2. The applicant shall comply with the provisions of the following Mitigation Measures as adopted by the City Council in ccrtifying the Bixby Old Ranch Towne Ccnter EIR: The mitigation measures relevant to the requested development are set forth below (57 mitigation measures): Lalld Use: Mitigation Measure A-I: Dctailed devclopmCllt plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminatc potClltial conflicts with adjacent residential and recreational uses. TIlese detailed plans shall be submitted for review and approval by the Director of Development Serviees plior to or concurrent with approval of final subdivision maps or plot plans. GeolofEV: Mitigation Measure C-1: Prior to issuance of a grading pcnnit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The Sile PI.1l Review 01-1 PC Reso 4 Plallllmg Commio'sion Resollltion 01-12 Site Plan Review 01-1 BIxby Old Ranch Towne Center - Area B Parcel Map 97-165, Parcel 2 ApTll4,2001 report shall include the infonnation and be in a fonn as required by the Orange County Grading Manual, Section 5.4 and the Orangc County Excavation and Grading Code, Section 7-1-819. Project proponent shall reimburse City costs of independent third-party peer review of said geotechnical report. Mitigation Measure C-2: The projeet applieant shall incorporate measures to mitigate expansive soil eonditions, comprcssible/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 prcpared 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 en!,rineering geologist and a registered civil engineer, and shall be completed to the satisfaction ofthe City Engineer. Project proponent shall rcimburse City costs of independent third-party pecr review of said site-specific reports. Mitigation Measure C-3: Loose and soft alluvial soils, expansive clay soils and all existing unccrtificd 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 thc initiation of project grading in any dcvclopmCllt 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 tcn 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 !,'fading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. Mitigation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). Mitigation Measure C-8: Graded, but undeveloped land shall be maintained weed-free and planted with interim landscaping within ninety (90) days of completion of grading, unlcss building pcrmits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. Mitigation Measure C-9: Confonnance with the latest Uniform Building Codc and City Ordinanees can be expected to satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavation of soft, broken rock and clayey soils within sheared zones will bc required where dcvclopment is planned. Mitigation Measure C-IO: The potential on-site liquefaction hazard shall be mitigatcd by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. Water/Drailla~e: Mitigation Measure D-5: The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practiees (BMP) used to confonn to the requirements of the National Pollution Discharge Elimination Stle Plan RevIew 01-1 PC Reso 5 Planning Commission R~olution 01-12 SIte Plall ReVIew 01-1 BIXby Old Ranch TOIVne Center - Area B Parcel Map 97-165, Parcel 2 Aprz14.2001 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 uscd to biologieally treat the contaminated runoff: Mitigation Measurc D-6: Thc amount of sediment movement during construetion will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fenees, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. Mitigation Measure D-7: Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in aceordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the cxisting drainagc network, existing capacity, pre-and post- project runoff volumes, and any necessmy improvements 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 cnginccr or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coonlination with the Regional Water Quality Control Board, Orange County, and thc City of Seal Bcach to insure compliance with applicable NPDES permit requirements. The Plan shall include a combination of stru,-1ural and non-structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. Mitigation Measure D-l 0: All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. Au' OualiJv: Mitigation Measure E-l : Prior to the issuance or initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to detennine which control measures are feasible, recommend implementation eonditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and occupants. The projcct applicant shall reimburse City costs of an independent third party peer review of this Plan. TransvortationlCirclllatio" Mitigation Measure F -1: Prior to the application of eaeh 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. Biological Resources: Mitigation Measure G-13: All mature trees lost as a result of projeet development shall be replaced pursuant to the following ratios: a) eucalyptus: 4 to I using 24-ineh box trecs; and b) non-eucalyptus: 2 to 1 using 36-inch box specImens. Mitigation Measure 0-14: All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito brccding. These watcr bodies shall also bc stocked with mosquito fish. Slle Pldn Revl<wOl-I.PC Reso 6 P/alllllng CommissIOn ResolutIOn 01-12 Sue Plan Review 01-1 Brx:by Old Ranch Towne Center - Area B Palcel Map 97-165. Parcel 2 Apn/4,200/ 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 landseaping shall bc open and skirted as necessary to exc1udc rats from nesting in enclosed thickets of vegetation. Energy: Mitigation Measure H-1: Development plans will be provided to the Southern California Gas Company and thc Southern California Edison Company as they become available in order to facilitate engineering, design and construetion of improvements necessary to provide electrical, natural gas, and telephone services to thc Bixby Old Ranch site. Mitigation Measure H-2: The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights-of-way in the areas of any existing easements. Mitigation Measure H-3: Building energy conservation will be largely aehievcd by eompliance with Titles 20 and 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2-5307(b) is the Califomia Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has celiified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Section 2-5452(i) and CD 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(1) 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 adcquatc roof overhangs, making sure that walls arc properly insulated, and installing simple heat storage systems. 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 equipment (such as impact hammers and pile drivers) shall be limited to the hours of8:00 AM to 5:00 PM on Monday through Friday. MitigationMeasureJ-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 bclow: o commercial- 50 CNEL; o hotel - 45 CNEL; and o senior assisted living - 45 CN EL. Notwithstanding any land use characterizations, all sensitive land use receptors (including the senior assisted living, Alzheimer's carelskilled nursing facility) shall be sound SIte Plan RevIew 0 I-I.PC ReM' 7 Plannlllg CommISSion Resolutlon 01-12 Site Plan Review 01-1 BLr:by Old Ranch Towne Center - Area B Parcel Map 97-165. Parcel 2 Apnl4,2001 attenuated against present and projected noise levels, which shall be the sum of all noise impacting the project, so as not lo exceed an exterior noise standard of 65 CNEL in outdoor living areas and an intcrior noisc standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County-certified acoustical consultant that thesc standards will be satisfied in a manncr eonsistent with applicable zoning rehrulations shall be submitted to the Director of Development Services in the fonTI of an Acoustical Analysis Report describing in detail the exterior noise cnvironment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. Prior to the issuance of any Certificates of Use and Oceupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verify compliance with all applicable design standards. Mitil!'dtion Measure J-4: Prior to the issuance of building permits, thc applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer, rentcr, or lesscc of noise sensitive land uses (e.g., senior assisted care units) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levels above State and City standards or policies for noise scnsitivc land uses. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restri,,1ions (CC&R's) recorded on the title of each noise sen~;tive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uscs shall contain the approved notifieation I~ruage. Notification shall also stipulate that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be aeknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver tlle executed disclosure form to the City Clerk within three working days after the close of escrow. Public Service. Ii: Mitigation Measure K-2: The City of Seal Beach Development Services and Policc 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, III 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 requircmcnts of the Orange County Fire Authority. Mitigation Measure K-6: All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. Mitigation Measure K-7: TIle project proponent will pay the statutory school fee, as applicable to the projeet, to the Los Alamitos Unified Sehool 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 commerciallindushial projects. Sile Plan ReView Ol-I.PC Resa 8 Pla/llllllg Cmllllllssion ResolutIOn 01-12 Site Plan Review 01-1 Bixby Old Ranch Towne Center - Area B Parcel Map 97-165, Parcel 2 April 4. 2001 Utilities/Service 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 improvement of any off-site water facilities necessary to serve the proposed project. Mitigation Measure L-3: Automatic sprinkler systems, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. 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 capaeity 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 usc of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the usc 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 Beaeh and the County Sanitation District of Orange County. Dctailed improvement plans shall be prepared and submitted to the City of Seal Beaeh 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 off-site wastewater transmission or treatment facilities as well as required sewer eonneetion fees to the City of Seal Beach. Mitigation Measure L-9: Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and church uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. Mitigation Mcasurc L-lO: The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid wastc required by the City of Seal Beach. Mitigation Measure L-12: Prior to issuance of a building pennit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Publie Works Department. The study should assess available water resources and improvements to the water system required to scrvc thc proposed project and meet fire flow demands. The specific contents of the study should be detennined in coordination with the Public Works Department The project applicant shall rcimbursc the City for the costs of an indepcndcnt third party peer review of this study. 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 ofTset project impacts on off-site water systems. Site Plan Re.lew 01-1 PC Rosa 9 Plallnlllg COnlnlLvsiOIl ResolutlOlI 01-12 Site Plall Review 01-1 Bixby Old Rallch Towlle Cellter - Area B Parcel Map 97-165, Parcel 2 April 4, 2001 Ae!l"tlJet;cs: Mitigation Measure M-1: Prior to issuance of building permits for any proposed commercial, hotel, restaurant, senior care facihty. or church uses, the project proponent shall submit project plans (including landseape plans and illustrative elevations) to the Director of Developmcnt Services for approval. Said plans shall reflect the following: D All open arcas not used for buildings, including but not limited to: parking lots, service areas, walls, walkways, and eourtyards shall be attractively landscaped in accordance with landseapc plans prepared by a licensed landscape architect. a Concentrated perimeter landscaping shall be installed along Seal Bcach Boulevard, Lampson A venue and the 405 Frceway northbound off-ramp in order to maintain and enhance views from along these roadways. D A fully automated irrigation system shall be included in the landscape plans for thc project and all landscaped areas should be maintained in good condition throughout the life ofthe project. D 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 plane, and other such methods in order to reduce the visual impaet of thc project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor Highlands and the 405 Freeway. D Rooftop equipment shall be screened from all off-sitc vantage points and mechanical cquipmcnt shall be contained within rooftop enclosures. Rooftop sereening materials shall be complimentary in material and eolor to the building's exterior. o Rooftop structures, unless an integral part of the building's design, shall not exceed the maximum allowed parapct 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 [mal project plans, a photomontage showing illustrative project elevations in their proposed setting shall bc 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 otl:ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M-1 above. Mitigation Measure M-3: Prior to approval of final project plans, a landscape plan for common areas of the project site including strcct trees, shall be prepared by a licensed landscape architect and submitted to the Director of Development Serviccs, and the City Street Tree Division of the Public Works Department for approval after review and comment by the City Trec Prcservation 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 ~md 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 usc low or high-pressure sodium units, metal halide, clean luealox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an indcpendent third party review of lighting plans. SIte Plan RevIew 01-1 PC Reso 10 Planning Commission ResolutIOn 01-12 Site Pltm Review 01-1 Bixby Old Ranch Towne Center-Area B Parcel Map 97-165, Parcel 2 April 4, 2001 Mitigation Measure M-12: All outdoor lighting should be shielded, direeted downward, and have sharp cut-ofT qualities at property lines, in order to minimize light and glare spillovcr effects. Mitigation Measure M-13: The landscape plan for thc project shall coneentrate landscaping along thc pcriphery of the site and in other areas to minimize impacts on adjacent uses from automobile headlights and other light sourccs. Mitigation Measure M-14: Commercial buildings as well as thc proposed hotel, restaurant, church and senior eare structures shall use minimally reOective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off-site areas, particularly the AFRC, the 405 Freeway, Scal Beach Boulevard, Lampson Avenue, and adjaeent residential uses. Mitigation Measure M-15: Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. Mitigation Measure M -16: Interior parking lot landscaping shall cover no less than 5% of the parking lot areas on-site. 3. This Site Plan Review is approved subjcct to the final building plans indicating no encroachment into the "greenbelt" area to be offered for dedication to the City, as established in Final Parcel Map 97-165. This will maintain the integrity of the greenbelt area in accordance with the provisions of the various General Plan Amendments, Zone Changes, Parcel Map, and Development Agreement provisions which this site is subject to. The issue of the "greenbclt" arca being an easement area or dedication to thc City will be the decision of the City Council when they consider approval of Final Parcel Map 97-165. 4. Notwithstanding any dctimlt or breach by Bixby Ranch Company under that ccrtain Devclopment Agreement entered into between the City of Seal Beaeh and Bixby Ranch Company, as adopted by City of Seal Beach Ordinancc No. 1440, the City agrees that such default or breaeh shall not affect or impair the rights of Retail Properties Group, Inc. ("Applicant"), its successors or assih'llS, under this Sitc Plan Review. 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 suceessors or assigns. 5. Thc applicant shall comply with the following conditions of the City Engineer prior to issuance of a certificate of occupancy or final inspeetion of the subjcct structure: o Provide a traffic signal in accordance with the recommendation of "Revised Trip Generation Analysis for "Area B" of the Bixby Old Ranch Master Plan- Replacement of Approved High-Turnover and Quality Restaurant Space, Seal Beach, California", Linscott, Law & Grcenspan letter report, dated February 9, 2001. Said traffic signal shall be designed for two phase operation and shall be intereonnectcd with the existing traffic sih'llal at the Seal Beach Boulevard/Lampson Avenue intersection and shall be designed to the City of Seal Beach spccifications. o Provide a right turn/deceleration lane for eastbound traffic on Lampson Avenue at the above mentioned signalized intersection. Right turn lane to be designed in accordance with City of Seal Beach standards and criteria. 6. No commercial deliveries or trash disposal activities may occur in assoeiation with the opcration of this business facility between the hours of 10:00 P.M. and 7:00 A.M. Sile Plan ReVIew 0 I-I PC Reso 1l Plalllllng Cummis5ion ResolutlOIl 01-12 Site Plall Review 01-1 Bixby Old Rallch TOWlle Cellie,. - Area B Parcel Map 97-165. Pa,.cel2 Ap,.114,2001 7. The applicant will prominently display these conditions of approval in a location within the business's eustomer area that is acceptable to the Dircctor of Development Services. 8. 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) of35mm microfilm of the public or private improvement plans, final structural ealculations, 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. 9. Prior to the final inspection and issuance of an occupancy permit, the applicant shall submit one (1) set of computerized data, which is eompatible 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 "Specifieations for Digital Submission" as maintained by the Surveyor's Otlice of the County of Orange for specific requirements of individual submittal. 10. This Site Plan Review shall not become effective for any purpose unless an "Aeccptanee of Conditions" fOlm has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 11. A modification of this Site Plan Review shall be obtained when: o The property proposcs to modify any of its current conditions of approval. o There is a substantial change in the mode or character of operations of the establishment. 12. The Planning Commission reserves the right to rcvoke or modify this Site Plan Review 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. 13. In thc event staff determines that security problems exist on the site, the conditions of this pennit may be amended, undcr the procedures of the Code of thc Citv of Seal Beach, to require the provision of additional security measures. 14. Each business cstablishment shall have a public telephone listing. 15. Each business establishment shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hercaftcr bc 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 requirc thc applicantlbusincss opcrator to mitigate the noise level to comply with the provisions of Chapter 13D. 16. This Site Plan Revicw shall becomc null and void unless exercised within one (1) year of thc date of final approval, or such extension of time as may be granted by the Phuming Commission pursuant to a written request for extension submitted to the Department of Development Serviccs a minimum of ninety (90) days prior to such expiration date. Site Plan ReVIew 0 I-I PC Reso 12 Planning COlllIIIlSsIOn ResolutIOn 0/-12 Site Plall Re-"iew 01-1 Bi;l:by Old Ranch Towne Center - Area B Parcel Map 97-165, Parcel 2 April 4. 2001 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 4th day of April 2001, by the following vote: AYES: Commissioners Brown, Cutuli, Hood, Ladner and Sharp NOES: Commissioners None ABSENT: Commissioners None ABSTAIN: Commissioners None David Hood, Ph.D. Chairman of the Planni Commission Site Plan RevIew U I-I PC Reso 13