HomeMy WebLinkAboutCC Ord 1467 2000-09-11
ORDINANCE NUMBER I!btL
I
AN ORDINANCE OF THE CITY OF SEAL
BEACH AMENDING THE DEVELOPMENT
AGREEMENT BETWEEN THE CITY AND
THE BIXBY RANCH COMPANY, DELETING
SECTION 3.1.2.7 PROJECT PHASING
(TIMING OF RESIDENTIAL CONSTRUCTION)
RELATING TO THE OLD RANCH TOWNE
CENTER DEVELOPMENT PLAN
,
,
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
Section 1. Pursuant to Government Code Sections 65864 through 65869.5 and
Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California, and in
accordance with the provisions of Section 4.8, Modification. Amendment or Extension of
that certain development agreement approved by the City of Seal Beach ("City'') on August
23, 1999 (the "Development Agreement"), the Bixby Ranch Cornpany has requested an
amendment to Section 3.1.2.7 of the Development Agreernent. Section 3.1.2.7 of the
Development Agreement provides that construction of the residential portion of the Bixby
Old Ranch Towne Cenier project ("the project"), be deferred until after construction of
the commercial ponion.
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Section 2. After a duly noticed public hearing on August 9, 2000, the Planning
Commission recommended approval of the proposed amendment to the City CounCil. The
City Council held a properly noticed public hearing regarding the proposed amendment on
August 28,27 - .
Section 3. Pursuant"~ the California Environmental Quality Act (CEQA) and
the City'sk?cal CEQA,Guide@~, the City certified a Final Environmental Impact ("the
ElR") for,'the BixbY'"'Old Rant Towne Center project ("the project"), including the
Developm,l!t Agree~n~ by !IctB ting City Council Resolution No. 4728. Resolution No.
4728 is here~.in9~te~ Q:Yi" s reference. The City has considered the proposed change
to the Phasin~~1*6f,,' e Development Agreement and has reviewed the proposed
deletion fpr corn1'lli~lth thcJrequirements of CEQA and the City's Guidelines and
Environmental Procedures. The City Council finds that the proposed revision falls within
the scope of the EIR in cornpliance with Public Resources Code Section 21166 of CEQA
and Section 15162 of the CEQA Guidelines based upon, inter alia, the following:
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(a) Substantial changes are not proposed in the project which will
require revision to the EIR. Indeed, no changes to the ElR are necessary. The Project
Description of the project has not been changed by the proposed deletion to the
Development Agreement. The ElR fully analyzed the development of Development Area A
for commercial developrnent and Development Area D for residential development. At the
time the Draft EIR was prepared, deferring the residential portion of the project until the
commercial portion was completed was not contemplated. Section 3.1.2.7 was added to the
Development Agreement by the City Council for reasons unrelated to environmental
impacts and was not added to mitigate any environmental impacts.
(b) Substantial changes have not occurred with respect to the
circumstances under which the project is being undertaken which will require revision to
the ElR. The deletion of Section 3.1.2.7 neither constitutes a changed circumstance nor
will it result in changes in the circumstances surrounding the project per the certitied
EIR. '
(c) There is no new information, which was not known and could not
have been known at the tirne the environmental impact report was certified as complete.
Ordinance Number /1/61
,
The environmental effects of the certified EIR and approved project have not been
changed by the proposed changes to the Developrnent Agreement. Moreover, the
proposed changes to the Development Agreernent will not result in new significant
effects not previously identified.
Section 4.
consistent with the
Development Plan.
Section 5. Based upon the foregoing, the City Council hereby approves the I
proposed Development Agreement amendment, eliminating Section 3.1.2.7 - Project
Phasing (Timing of Residential Construction) Relating to the "Bixby Old Ranch Towne
Center Development Plan", as recorded on July 10,2000, in Official Records, County of
Orange, docurnent 2000358646.
The City Council hereby finds that the proposed amendment is
City's General Plan and the Bixby Old Ranch Towne Center
Section 6. The time within which to challenge the subject amendrnent is
governed by Government Code Section 65009.
Section 7. Upon adoption, the City Clerk is hereby instructed to record this
ordinance in the Official Records, County of Orange.
PROVED AND ADOPTED by the ~~Council of the City of Seal
ee 'ng ereof held on the =-- day of
,2000.
f~c4~
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
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I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, ~,bY cenify that
the foregoing ordinance is an original copy of Ordinance Number " on file in
the officeAA# the City Clerk, introd at a meeting held on the
~ 'day of , 2000, and passed,
approved and adhlff by the City Council of ch at a meeting held on
the ' day of , 2000 by the following
vote:
AYES:
Councilmembe
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NOES:
ABSENT:
ABSTAIN: Councilmembe
and d ereby further cenify that Ordinance Number I~ IJ 1 has been published
pant 0 the Seal ch Ci Charter nd Resolution N~
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Ordinance
Number I.t/h 1
,
PROOF OF PUBLICATION
(2015,5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
~?
,
Proof of Publication of
all in the year 2000.
.......... . .: NOTICE OF- --.
. <.', PUBUC H!'AR1NG ,
'_ NonCE IS HEREBY QIVEN triat
the Planmng CamnusslOA of the City
.......... of Seal Beach Will hold a publiC hear- I.........
109 on Wednesday. August D, 2000.
at 7'30 p m. In the Clly Council
Chambers. 211 Eighth Street, Seal
. Beach, to conSIder the follOWIng Item
PrapoHd Amend.ment to Davel-
_ opment Agr..ment Section
3.1.2.7. ProJect Ph..lng (TIming
of A.llden.I.1 Construction) and
tQ City Council R..olutlon No.
4735, V..tlng TenlMlve Treet
Map No. 15787. Condition Num-
ber 2, Prior to l.auancI ot Build-
Ing Penn". Blxb, Old Rench
Towne Center Project
REQUEST: Ellnunala Sechao 3 1 27
of the Development Agreement
(Ordlliace No 144Q-A) and Condi-
tion Number 2. Prior 10 Issuance of
. BUilding Permits, of City Council
Resoluflon No 4735 regarding
-Vesting Tentative Tracl Map No
15797 Elimination of theSe provI-
SionS and conditions would remove
the current prolect phasing provI-
sions and conditions regarding the
required approval of tnterlor lath or
drywall Inspections for the com.
. mercaal construcllon of certain spec-
Ihed portions of DeV8topment Atea
A (Identmed as Retall-A-, -8-. "C-,
l ~d MO") prior to Issuanc, of bUlld-
ling permits lor the reSldentlat pro-
lect permitted within Development
Area -Ow (maximum of 75 sJngle.
, fanuly ~omes) Elimination of these
pl'OVlSlons and dond.tona would per.
mlt construction of the reSidential
f i prosect permllled'Wllhln oevelop.-
menl Area -OM to proceed pnor 10'
Completion of any commerCial
.. .development .
, ENVIRONMENTAL REViEW: An
. Envtronmntallmpact Report (SCH
97091077) has been cerllfled for
Ihls prolect ~nd IS on file at the
. Department of Development'Ser_
Vices, 211 Elgth Street The pro-
posed amendement IS wlthm the
'. scope of the preViously certified
- EIR, .
....CODE SECTIONS: 28-2767. af Ihe
- Code of the CIW of Seal BRach
: APPJ.lCA"!T. Bixby Ranch Compa-
ny: ' .' .... .
OWNER: Bixby Rarich Company .' '"
At ihe.above lime and place all
Interested persons may be heard If
so deSired If you challenge the pro.
posed CounCil actions In court, you
may be limited to raising only ~ose
,lssuelS~ou or someone else raised
. at the PUbllc'heanrig descnbed If! thiS
I nOllce, or In wnllen correspOndence
dehvered:to the City of Seal Beach-
: at, 'or pnol' fl?, Ihe publiC heann".
: DATED THIS 24th day of July, 2000 -
I lje.Wtunenberg, . .', ". .
I . Director of Development Ser:..lces .
I. Published In Ihe Seal Beach Sun
~olJrnal, 7/27/00 _...' r>, :f.~-_.
l .' _ . ~. ,1.~,-. ~ .'-.~
..........
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach
this .;l? day of , 2000.
Si~e
PUBL~~~~SEDB~
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number
/4~1
f
PROOF OF PUBLICATION
(2015.5 C.C.P.)
This space is for the County
Clerk's Filing Stamp
STATE OF CALIFORNIA,
County of Orange
I
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-g;/ 7 !o 0
all in the ye~r 2000! ,
Proof of Publication of
Dated at Seal Beac~
this /7 day of ' 7 ' 2000.
~
i" 'NoncEoi';=--: ,
-_ PUBUC HEARING .
.......... "N011CEISHEREBYGIVENthltthe '.........
aty CauncII......aty of__
. will. hold. publlc.........ng on 1Ion-'
day, Auguol2ll, 2OllO,ll\ 7:00 p,m.ln
.......... the City Council Chamb.rI. 211 .........
Eighth Street. sell Bueh. Callro,.
I nta. to further conalder the fallOwIng
.It.m: - .~ .
, P~Amendm"'1o D_p-
ment Agreement Secbon 3.1.2 7 .
, Prated Phaslng cn"*'il OI_n. -
_ 1181 CanstrucIIon) .... 10 CIty COunal
, R_ No, 4735, V-.g T_-
bve T fad: Map No 5797, Condl\Ion
'.' Number 2. PrIOr to IS8U8I1C8 of Bulld-
'. '')II!'"fllUIS Il&xby Ol~ RoI)ch TaMlll -'
~., . ~~ . Center.Pni!BCt.~...'.
':A..et: EhlUNl18$ecilan3., 27.
, ..the DeveI_ Agre.,",,", (Ordo-
nace No 144Q.A) and ConddIon Nwn-
I.ber 2. Prlor,to Issuance of BUilding
I Permits, of City Council Resolution
"Noi4735 rogord'llg VosIJn9 Toni....
II Tract Map No. 15797. ElunlnallDn of
1I1.18,pnM1ions and c:ondItrons would
. remove the currenl prOfect phasing
L provisions and condlbons regarding
: the required approval of InterIQI lath
or d~walllnspectl~ns for the com-
o meraal construction of certain speci-
. 1Ied pOftlOns of DeVelopment Area A
'. (Idenhhed as,Retad ~A~, -8-, Me- and
Mo-) pnor to Issuance of bUlldmg per-
-':mlls for Ihe restdenlial prqecl permll-
led Wlthm Development Area -0-
(maximum of 75llKlg1o-lanuly hornos),
, Ellmmatlon of these prOVISIOns and
, Conditions would permd conStruction
--....-alflRllod__--
, '" Dovo/OpmonI Area "D' 10 pt<iciood 10
I PflOr to complebon of any commercial
, development . "_ -
'::EnvirOnmentid Revi";: An Envwon-
monlal'""""" RopoIt (SOi 970!110m
I has been certified '9' thiS prqecl and
. IS on Me allhe Department of [)evel-
,-opmenl SeMees, 211 Eighth SIre8t
r The proposed amendment IS WlIhU1 the
I, ~ oIlhe compIebon of PfeVlously
-CllI1_EIR' -,
I ' Cad. Soctlono: 28-2767 of ~
. of Ihs- Cdv of Ssal Raaroh ..
:', AP,olcont ll..cbV Ranch Componv
;': ~...: BudJy Ranch Company .-
. At the abclVo..... ond pIaoo alI_-
. eSled persons may be heara If so _
r'desnd If you chaIIengelhe proposed
- 8CIIons.. court, you may be IImlIed to
, raisfrig only thqse 18SU88 you or IOme.
~0n8 el88 r81sed at the publIC hearing
J descnbed WI hi nDIEe, or.. wnIIen cor-
, responcUlnce delivered to the CIIV of
~.S8a"B8ac!l a1,.~ p~ to: ~ pubbc_
J:~' ,.. _ r,
,DATEDThIS'l!IhdoyalAugUBI,2000 .
,-JOarineYeo _". ":, :..:."
CltyClolk _ _.' ,_,
pubrfshed In the 8eaJ Seach Sun"
O./17~,' -, - -
I
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Sign
PUBLICATION PRO SSED BY:
THE SUN NEWSPAPERS
216 Main Street
Se~1 Beach, CA 90740
(562) 430-7555 . (949) 759-7726
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Ordinance Number 1~~j7
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
9/7
all in the year 2000.
Proof of Publication of
...............................................
...............................................
~:.~RDIN~E~~14&7,:
,AMENDMENT DEVELOPMENT
, AGREEMENT. PROJEct -
, PHASING. BIXBY OLD:
RANCH-TOWNE CENTER
-" DEVELOPMENT PLAIN -
. .cirdnace'NUmoGr 14f;17 of.. CIIv'ai
'Seal B~ach a'll&ndll th& Bhcby Old
_Towno CenIer~_ PI...
l>vlhe cteteIIon of ::iecllorl2.1.2.7 retaI-
Irioto~IllI"',ph...ng,m""'__
Iv'he bm!ng of lhe resldenllal con-
iIIucbon. 0nInanc8 Nwnbg 146;" was
lntroducod at tho regula, J;d~_ Council
. m88bng of Auguil 8th. 2O(JJ an f11111
.=U1.g~.~bythetolICWMg
'AvEs. '~"lsrson, Doane, Yost
Noes, cam_ Mollon c:arrfeel
-- Onlonance Nu. 1487 wII r8CllIVe
second readlQa and be can&ldm-ed for
\BdO~l.Ion at ttie regular City Council
meeting of Septei'hber 11th, 2000
'~OI ordrnince number 1467 are
'8Y8Ilable from Ihe offlce of the City
C1eaecrtc,,_QIv Hal, 211 "8Ih Slr!!"....SoliI
_l8lephane(562)431-=, .
,DATED'I)!os 2!llh day rl Aupt, 2OllO.
_~s~iot~CIert(',_. ',-"
'PWIIShed Illhe S8BI Beim sUi; 9I1/tXJ
.. . -, ~ -... .
........
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Bea9hp. __
this 7 day of ~ ' 2000.
~~~~
. Sig fe
PUBLICATION PROCESSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
Ordinance Number
I~l
PROOF OF PUBLICATION
(2015.5 C.C.P.)
STATE OF CALIFORNIA,
County of Orange
This space is for the County
Clerk's Filing Stamp
, I am a citizen of the United States
and a resident of the county afore-
said; I am over the age of eighteen
years, and not a party to or inter-
ested in the above-entitled matter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
City of Seal Beach, County of
Orange and which newspaper has
been adjudged a newspaper of
general circulation by the Superior
Court of the County of Orange, State
of California, under the date of
2/24/75. Case Number A82583; that
the notice' of which the annexed is a
printed copy (set in type not smaller
than nonpareil), has been published
in each regular and entire issue of
said newspaper and not in any
supplement thereof on the following
dates, to-wit:
9'/....< I It) 0
.
I
Proof of Publication of
...............................................
...............................................
all in the year 2000.
. " I .
. -.. '. SUMMARY'- :.
'd.. ORDII\IANCE NUMBER 1487 .
. .'''AMENDMENT DEVELOPMENT .
AGREEMENT. PROJECT,P"'ASING
_ BIXBY OLD RANCH TOWNE CEN-
, :rel DEVELOPMENT P~N,
, ~
QldInBCe Number 1487 of the CIty of
Seal Beach amends the BI)CbV bid
Ranch Towne Cenhor lleveIpmonl Plan
hi the delebon of SectIon 3 1 27 reiat.
V'IQ to PJOI8d. 'PhBSll'lg. more spaahcal-
~ the Ill1llng at the I'8Sldenbal constrUC-
tion 0n:I10MC8 Number 1467 t8C8IV8d
'_ ..ad~andwasadaPe<l althe
regular City Council meebng of Sap-
-teri1barl11h;2000 an firsl reading was
awoved by !he ""Iowlng_
. .. - ,
AYES'eoy., Doane, Urson, Yost
N?ES. .Campbell Mabon earned
. c;c;p. d<Jrdnanc:e tbnt.li67 ere
avUable from 1hB aIIce of the CIty Clerk. -
City Hall, 211 - 8th Street. SeaI~.
telephone (~431-2527 . '
'DATEDl11IS1211i,dey,a1~,~ '
JoanrMtM Yea. CItV Clerk _ ~ .
QlyolSealBea<:l1,:, " '. ' ,
P~bllshed,ln.,he S~al a'each Sun
9121100 . ,.:';, "... .... I- .
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I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Bea~
this c? / day of. ' 2000.
4~~
Sign e
PUBLICATION PRO SSED BY:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555. (949) 759-7726
I