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HomeMy WebLinkAboutCC Ord 1436 1998-11-23 ORDINANCE NUMBER 1~.Jto AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 98-1 (BIXBY OLD RANCH TENNIS CLUB SITE) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN I AS FOLLOWS: Section 1. The Bixby Ranch Company (' Applicant") has submitted applications for general plan amendments, zone changes, subdivision maps and development agreement approvals for the Bixby Old Ranch Golf Course and Tennis Club property and adjoining properties (collectively "application ") with the City of Seal Beach. To achieve consistency between zoning restrictions set forth in the Bixby Old Ranch Towne Center Development Plan and the General Plan, as amended, the Zoning Ordinance and Zoning Map of the City of Seal Beach is proposed to be amended. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C and m of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Fnvironmental Impact Report (DEIR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related General Plan amendments, including this amendment. The DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Fnvironmental Quality Act (CEQA) and the City's Locai CEQA Guidelines. Upon completion of the public review period, a Final Environmental Impact Report was reviewed by the Planning Commission at a public hearing held on September 9, October 21, and November 4, 1998. After the public hearing, the Planning Commission' found, I 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 statement of overriding considerations. The approval of this ordinance is within the scope of the project analyzed in the Final EIR, and City Council Resolution No. 4660 is hereby incorporated by this reference. Section 3. After a duly noticed public hearing, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding Zone Change 98-1. Section 4. On November 9 and November 17, 1998, the City Council conducted a public hearing to consider the Bixby Old Ranch Towne Center Development Plan, including Zone Change 98-1. Section 5. Based upon the foregoing, the City Council hereby finds, inter alia: (a) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to n 28-2600 and 28-2602 of the City's .QxIl:, the City Council hereby finds that proposed Zone Change 98-1, as revised by the City Council, will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further finds that approval of the subject applications, as revised by the City Council, will promote the public health, safety and welfare. Therefore, the City Council finds that the requested zone changes, as revised by the City Council, will be in the public interest, and makes the following findings of fact: I Ordinance Number~ I (b) The proposed zoning changes, as revised by the City Council, for the application, will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes..- . . 6~ 3.. Creates a comprehensive development program for under- utilized and vacant~properties. .:\ 1/ii',' 4. i"fermt~;\development that does not interfere with the operational capjl!>ilities onlle ~ Alanntos Armed Forces Reserve Center. \~' ?5.'UJ"Provi<!ei development that is at least fiscally neutral and, more likely, flscii1IYfbdtenCi81 to :th~6ty. "'~t6J(J(j:J,~~~uate1y mitigates project-related traffic and noise impacts. I . 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic' impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The proposed project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR, with the provision of various land uses to address the identified objectives of the City. I (d) _ The proposed Bixby Old Ranch Towne Center Development Plan, as revised by the City Council, and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project as proposed will be developed over time consistent with the plans submitted by the Project Applicant and as revised by the City Council. Section 6. Based on the foregoing, the City Council hereby adopts Zone Change 98-1 (Bixby Old Ranch Tennis Club Site), and amends the Zoning Map of the City of Seal Beach as follows: (a) The property generally known as the Bixby Old Ranch Tennis Club, bounded by Lampson Avenue, Basswood, and the 1-405 Freeway right-of-way, consisting of approximately 6.74 acres, shall be zoned Public Land Use/Recreation (PLU/R). I This proposed zone change is more particularly depicted in the map attached hereto as Exhibit "A", designating the "Tennis Club" properly, with an accompanying legal' description. PASSED, APPROVED AND ADOPTED by the ~Counci1 of the City of Seal Beach n~eetingl;~ld on the 'A~ day of h".. , 1998. Ordinance Number /~ , I rk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, ~bY certify that the foregoing ordinance is an original copy of Ordinance Number ;. on file in the office of rJ1M City Clerk, in~ at t?ng held on the /1:. - day of ~b." 1998, and passed, approved and i1dopted by the City Council of ~ of S~ch at a meeting held on the 0'llJ,,~ day of .J,.. 1998 by the following vote: AYES: Councilmemb I NOES: ABSENT: Councilmembe ABSTAIN: Councilmember and do hereby further certify that Ordinance Number J/~ has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. I I 110 < 110 I~ a:l - = >< i.u I " , ", . I: "..... .-::: .' " '" !;~ , " " , ", ", ", / '" ,." ,',1 " ' '--../ /./ " '( " / ", '" / '" =f " Y. ~ , , ' .. ... , ",', ~, , ',". ., ,.., ", ' '-, '~,~, ',- " " ~".. : ", ',,- '\., ! " ~"- \. /' "," ".. " ~ \ ' . \., \x" ! '\. '" '" t .. \ \. ! I~ \\\ i ~i .. \ \ : \ \.. ! . \ \ i '\ .. '. I . \ \ /' \ \'. , '. . \, i .\ \tft \. I \ \\ : \ \ . j \ \ \: . . 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I I I~ ., Ordinance Number /~/ ~ H I BIT RAR Legal Description - Bixby Old Ranch Tennis Club Property Bixbv Old Ranch Tennis Club Prooerty In the City of Seal Beach, County of Orange, State of California, being an undivided I portion of Sections 31 and 32, Township 4 South, Range II West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as fo\1ows: Beginning at the intersection ofthe northerly line of Parcel 1 of the land described in the deed to the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point being the beginning of a curve in said southeasterly line, concave northwesterly having a radius of 1040.00 feet, a radial to said point bears S 00011'56" W; thence northeasterly 930.35 feet along said curve through a cent'~.;.l angle of 51015'17"; thence N 38056'39" E 145.00 feet along said southeasterly linu to the westerly corner of Parcel 3 of the land described in Book 7594, Page 609 of Qfficial Records; thence N 89008'14" E 39.05 feet along the southerly line of said Parcel 3 to the southwesterly line on Parcel 2 described in said deed; thence S 51003'21" E 89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle of37038'25" to a point to which a radial bears S 01018'14" W, said point being the beginning of a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave southwesterly having a radius of 15.00 feet; thence I southeasterly 23.27 feet along said curve through a central angle of 88053'42"; thence S 00011'56" W 220.78 feet along said westerly line to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly 21.49 feet along said curve through a central angle ofJo047'03" to the beginning ofa reverse curve concave easterly having a radius of 70.00 feet; thence southerly 109.69 feet along said curve through a central angle of 89047'00" to said northerly line of the land of the Sate of California; thence N 89048'04" W along said northerly line to the point of beginning, The above describes an area of6.735 acres, more or less. I PROOF OF PUBLICATION (2015.5 C.C.P.) lATE OF CALIFORNIA, unly 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 nas Been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of._ ."' 24/75. Case Number A82583; that e notice of which the annexed is a rinted copy (set in type not smaller t..han nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dat!3s; to-wit: ./ / /drC::. all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Bea this ':5 day of I 98. Si ture PU3U::::ATION PROCESSED BY: THE SUN NEv"SPAPERS 216 Main Street Seal Beach, CA 90740 (552) 430.7555 . (714) 759.7726 Ordinance Numberl'~ This space for for the County CIElrk"s Filing Stamp Proof of Publication of ..........i.................................... ............................................... - SUMMARY - .. -' ORDINANCE NUMBER 1438 - ZONE CHANGE IlII-l/ _ BIXBV,OLD RANCH ." TOWNE CENTER . . , DEVELOPMENT PLAN .. Ordinance Number 1438 of the City of Soal Beach adopt, Zone Change ! 98-1. for the BPcbv Old Ranch Tenms ;" Club Site. and adoPts the BIXby Otd . Ranch Towne Cenler DeveloJ!iment I~ Platt Otdlnana Numbet 1436 wu Introduced at the r,gUlar CItY Council I ,meeting of NovembBl17th. '998 and ' fIrBI..oillng-wu.,,_ by tho foI. lowing vohi' - . , AVES'~. Brown, Coone. Vost NOES, CoinpboQ , . MoIloo carrled Ordinance Number 1438 WIll recelY8 .eecond raadl~ and be conSIdered far : ~Ion 81th. regular CIty Council ~\ meellng at Na\tOmber 23td. 1998 Cop.e. Of Ordinance Number 1438 ....8r8 8Y8I1abJe from the afIk:e oIlhe PlY. ,ClerkhCllv Hell. 211 ,8th ~....SoIiI ,.Booc .101ophono(582)431-2..,, ' I- DATED THIS 20th .ay of Novambar, I 1998. .. i Joanne M, Yea. q.ty Clerk . CoIy 01 Soal Beech . r: 1~~ed In the S,8al B~~~~ ~un Ordinance Number /~/" " PROOF OF PUBLICATION (2015.5 C.C.P.) 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. 1 am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper of general circulation, printed. and published weekl'! in the City of Seal Beach, County of Orange and which newspaper tlas Been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 2724/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller \han 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: /.Rk / all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this 13 day o.l dJLP~1998. 4~?1:::: . PU3U::::ATION PROCESSED BY: THE SUN NEvVSPAPERS 216 ~,lain Street Seal.Beach, CA 90740 (562) 430-7555' (714) 759.7726 This space for for the County CIElrk'-s Filing Stamp I Proof of Publication of ....I.t...il...II.............................. ............................................... " SUMMARY;; ~- , ORDINANCE NUMBER 1436 . -ZDNECHANGEfA'1./. .BIXBYOLb RANCIf WNE',. CENTER DEVELOPME PI:AN Ordlnan.ce Number 14~6 of ~~ CltV I of Se~aeach ado8\s one a\9le~ -, theBxb d an h en . ~~u~ '~, an~ :.oXOOIS lha ~1'bY ~~ anc owns e8'nlar Deve opment", Ian rdmance Number 1436. received se~ond readl~a bOd was adopted at the regular ,By Council meeting of Noverrfber 2 rd, 1998 by the fol!9Wln9 vote . AVES BOY.. Brown. Dosna VOS' . I NOES...Cdmpbell : Motion cern~ I Caples of o~mBnce ~mber'1436 ~ e.allab'e m lf1a 0 of "'" QtVl erkLCl'IHa ,211-8th treel",Sedl Ben. te ephone (5621 4 1-25~ 7 DATED'FHIS 24th day of Nov . 1998 Joanna M, Y100. CIty Clark .' CIty Of Seal Beach . . - Published ~a1 ~~_ ~un 12103198 I I