HomeMy WebLinkAboutCC Ord 1436-A 1999-08-23
ORDINANCE NUMBER //:Jt ~I}-
AN ORDINANCE OF THE CITY OF SEAL
BEACH RE-ADOPTING ZONE CHANGE 98-1
(BIXBY OLD RANCH TENNIS CLUB SITE,
DEVELOPMENT AREA "E")
I
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN
AS FOLLOWS:
Section 1. After a duly noticed public hearing to consider, inter alia, Zone
Change 98-1, 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. On November 23, 1998, after conducting duly noticed public hearings, the
City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final
Environmental Impact Report and adopting a statement of overriding considerations for
the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No.
1436, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to
change the wning of the subject property designated as Development Area "En, as more
particularly depicted in the maps attached hereto as Exhibit" A'. On August 3, 1999, the
Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et a1.
v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals
relying on the Final EIR. On August 16, 1999, the City Council adopted Resolution No.
4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR, subject
to and pending further. Court order.
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a) and ~~ D.C and ill
of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft
Environmental Impact Report (OEIR), 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 Environmental Quality Act (CEQA) and the City's Local CEQA
Guidelines. Upon completion of the public review period, a Final Environmental Impact
Report was reviewed by the Planning Commission at a public hearing held on September
9, October 21, and November 4, 1998. After the public hearing, the Planning
Commission 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 statement of overriding considerations. On August 23, 1999, the City Council
conducted a public .hearing to consider revisions to the EIR and a statement of
overriding considerations pursuant to the August 3, 1999 writ issued by the Orange
County Superior Court. The approval of this ordinance is within the scope of the
project analyzed in the Final EIR, as revised, and City Council Resolution No. 4728 is
hereby incorporated by this reference.
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Section 3. The City Council held properly noticed public hearings regarding
Ordinance No. 1436 on November 9 and November 17, 1998. The City Council held
another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1436
pursuant to the August 3 writ issued by the Orange ~ounty Superior Court
Section 4.
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
Ordinance NumberJ'~~~
conjunction with this project, and pursuant to ~~ 28-2600 and 28-2602 of the City's
~, the City Council hereby finds that Zone Change 98-1 will be beneficial to the
short term and long term land use goals of the City of Seal Beach.' The City Council
further fmds that Zone Change 98-1 will promote the public health, safety and welfare.
Therefore, the City Council finds that Zone Change 98-1 will be in the public interest,
and makes the following findings of fact:
(b) Zone Change 98-1 will conform land uses to those set forth within
the General Plan for the subject area, and provide a comprehensive development which I
accomplishes the following goals of the City in achieving sustainable development on the
subject property:
1.
2.
recreational purposes.
3. Creates a comprehensive development program for under-
utilized and vacant properties.
4. Permits development that does not interfere with the
operational capabilities of the Los Alamitos Armed Forces Reserve Center.
5. Provides development that is at least fiscally neutral and,
more likely, fiscally beneficial to the City.
6. Adequately mitigates project-related traffic and noise
Preserves the existing golf course.
Dedicates the' Old Ranch Tennis Club to the City for
impacts.
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 project will allow for a reasonable range of land uses on the I
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.
(d) The Bixby Old Ranch Towne Center Development Plan 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
concurrently with this approval.
(e) The establishment of a Bixby Old Ranch Towne Center Concept
Plan zoning overlay will ensure that the project will be developed over time consistent
with the plans approved by the City Council.
Section 5. 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 I
(PLU/R).
This zone change is more particularly depicted in the map attached
hereto as Exhibit "A", designating the "Tennis Club" property, with an accompanying
legal description.
Ordinance NUmberJ'~-~
PASSED, APPROVED AND ADOPTED by the City Coun~f the City of Seal
""" " a~.... 00 ... .u - day of
,1999.
Mayor if
I Attest:
STATE OF CALIFORNIA }
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH }
I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do
the foregoing ordinance is an original copy of Ordinance Number
the office JZ, Ie City Clerk, introd at meeting hel on the
.... day of . 1999, and passed,
approved ~~~ted by the City Council of th of Seal Beach at a meeting held on
the '11ft. day of , 1999 by the following
vote:
AYES:
Councilmembe
I
NOES:
Councilmember
ABSENT:
Councilmembe
ABSTAIN: Councilmembe
and do hereby further certify that Ordinance Number /~-~been published
pursuant to the Seal Beach City Charter and Resolution N~:'~
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Ordinance Number /.~ ..,f-
EXIllBIT "A"
(Map Depicting Bixby Old Ranch Tennis Club Site,
and accompanying Legal Description)
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Ordinance Number~~~~~
Legal Description - Bixby Old Ranch Tennis Club Property
Bixbv Old Ranch Tennis Club Prooel"ty
I
In the City of Seal Beach, County of Orange, State of California, being an undivided
portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base
and Meridian, in the Rancho Los Aiamitos, as per the map filed in Book 14, Page 31 of
Deeds, in the Office of the County Recorder of said county, described as follows:
I
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 central angle
of 51015;17"; thence N 38056'39" E 145.00 feet along said southeasterly line to the
westerly comer of Parcel 3 of the land described in Book 7594, Page 609 of Official
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
southeasterly 23.27 feet along said curve through a central angle of 88053'42"; thence S
0001l'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 of30047'03" 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.
.. ..
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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.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oily of Seal Beach, County of
!>prange 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.
klf(; c.) ~'<f
all in the year 1999
Iq,-
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA.
this~day of f\Jc:,...) J:,--, 19~.
o
A~
,
Signature
PUBLICATION PROCESSED I?Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
. (562) 430-7555 . (949) 759-7726
This space is for the County
Clerk's Filing Stamp
I
Proof of Publication of
NOTICE OF PUBUC HEARING - l Conditional Use Perm'198-15 _ .
Maman sentof' care faclllty
NOTICE IS HEREBY OIVEN Ihllt In M Eucalyptus T,e. Permll 99-1 _
eccordance with the Augus. 3, .9811 Removat of eucaJrptus trees With.
Wrll of Menda'e 'Slued by Ihe In Areas ~A~ and 0- (commercial
Orange County Superior Court. the developmenl areas)
City CounCil of the City 0' 58.1 . N V
Be.ch will hold. public h..ring on asrlng TentatIVe Tract Map No
Monday, August 23, 1999 at 7.00 ~5797 - 75.101 resldentlal8ubdl_
p.m. In the City Council Chambers, SIOI1
211 EIghth Street, Seal Be.ch. Cal- O. CondJbOnaI Use Permd 99-5 _ Off. .
"omla to: gremlSB alcohol sales at Sav-On
1 Consoder R............ ... Sb<by Old rug
Ranch Towne Center Final EIR Project Overview: The proposed
(SCH 97(91077) - CerlJflc8tlon of mixed-use pIllIect conSists of corn-
EIR by City CounCil: Adoption of merclal, resrdentlal, recreational,..
Statement Of Overriding conSlder- InsblUlIonal, and open space uses
atlons. and as previously approved by the CtIy
CoUnctlln November 1998. and as
2. Reconllder' descnbed In Ihe Revtsed EIR under
A General Plan Amendment 98-1 _ :onSlderatlon as part 01 Itus pubbc
. Amendments to YBnous elaments hearing. The EIR approval was
01 the General Plan to marntaln con.. challenged by several parties and
liltency between the General Plan the. CIty has been lOStNcted b1 the
at1d the approved prOject. Court 10 set 8Slde. vacate. and veld
ResolubOn No 4860 approved on
1 Land Use Element Amendment November 23. 1998, certifying the
2. Open SpaceJConser- Final EIR for the PlOJect. the N""0bc8
vabon/RecreallOn Element 01 DetermlnetlOn filed on Novem-
3 Bacycfe Route Element ber 24. 1998, and any and all
4 HoUSl~ Element actions 01 any body that rely In
5. Circulation Element whole or In part on the ~ RaI1ch
6. NOtIIe Element EIA. IIlCIudlngthe Seal BeaCh Plan-
B. Zana Change 98-1 -Arnandm8nts RIng ComrnlSSIOrI.
to Zonmg Map to mamtam conIlS- The IIht Is apprmcimalely 218 acres
...... bolw8en lho Zon"ll Map ond In .,ze Th. mSfDr projocl camp., I
the General Plan. nents are as follows' (1) 286.967
1. TeMls Ctub SIte - General i3( ~:'e~ofootpm':~r:o~,)~g(i")~:
Comrnel'Clal (C-2) to Public .
Land Use (Pi 11\ room hotel. 15.000 square leel of
I A_ _A_ and 'S- . restaurants. 160-bed senior 8&SI&I-
2. Dave opment rv.as n - ed INIng facility, 5 acres greenbelt
- General Commerdal (C-2) (Development Area -81. (3) 157-
and Recreation-Golf (R-G) to acre reconllgured private golf
General CommerCIal (C-2) course and a prtvale/publlc dnVl!1Q
3 IlOYOlapm.nl At...C' - Gen- '''''110 _ont Atoa .C'). (4)
sral Commercial (C~21 and 75-kJt detached reSldentlalaubdM-
Recreatlon.GoIf (t:I.G to SIan and 2 5 8Cle commumty park
Recreallon Gotr (R-G (Oevslqpment Area -0-) and (5)
4. Development Area -0- - Gener- dedk:atlon 01 eXIsting 61'35 BIxby
aI Commercial (C-2) and Old Ranch Tenms Club Site to CdY
Roc..-n-GoN IR-G) .. Rosi- (Development At.. 'Ej,
- denllal Medium Oenslty CRMD)
C. ~- p--' M No 97 1"~ Code Section.: Secllon 28-2600
TenIaUY. an.-. ap . . - _ Zone Changes
- pan::ekzBIIon of 13.67-BCt8 com- Seellon 28-2503-2504 _ Con(l,-
mel'Clal SIte bonBI Use P8l'mlts
O. Tentative Tract Map No 15767- Sedlon28-1803- Ptanned Sign
~lZatlOn of 26.045-acre com- Program
merdal shopping center Section 28-23t 7(4) _ Helghl
E. OlM1lopment Agreament- Spec- VanatlOns
Illes dubes and responstl)llltles of Section 28-2751-2nO _ Davel-
City and Bixby Ranch Company to opment Agroements
onsulO pnlIocI ~ and corn- E aIyp
p11anC8 WIIh all rrutJgallon rnaas&HB Section 70-4 - uc IUs Tree
and condlbons Permits
F SrtePlanReYlew98.1-SlIe~an Chapter21-SubdlYlslOllS
review tor 26.045-acr. shoppIng Appn~.nt: Bixby Ranch Company
center development KltcheU Oevefopmenl Company
dill a! U P 198 18 Marrlon Senior LivIng SeMen
G Con on 58 erml ~ -
dnve-through window and 24-hour Owner: BIxby ABnch Company
operatIOn fOr proposed drug store Kttchell DevelOpment Company
Within 26 045-acre shopPing can- Mamon Senior LMng SaMces
tar Ai the above lime and place all Inter-
H Condllional Use Pen",1: 98-17 - ested persons may be heard II so
home center and outdoor garden deSired II you challenge the proposed
centBl' acbOns In court, you may be lunited to
raiSIng arty those ISSUes ~ or &Om. I
I. SIte Plan AevIBw 98-2 - freeway me else rBlSed at the public hearmg
ldBnullcatlOll SIgn' described In thiS notJce, or In wntten
J Helgt'll Vanatlon 98-5 _ archltec- correspondence delivered to the CIIy
. tural features above 35-toot helghl of Seal Beach at, or prior to, the pub-
: 11mb. - - Uc hearing.
, K. Planned Sign Progr~m 98.1 - OATEDThIs.9th dayofAu,gu~ 1999
overaH shopping center IItgn pro- Joanne M.-Yeo, CIty DerIf.,.. :.
gram . , ~ Inlho5lPl80sch ~;a.-
naI.~~U' ~',a,.".
Ordinance Number"~~~~ --
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
-j 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
Oity of Seal Beach, County of
t:>,Orange and which newspaper has
;rbeen 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
dales, to-wit:
t4vG...> f" y 2--<:;;;
all in the year 1999.
Proof of Publication of
...............................................
...............................................
I
_. 0".' SUMMARV' . .
" ORDINANCE NUMBER
1438.A - BIXBY OLD RANCH;
TOWNE CENTER - ZONE
CHANGE 98-1 - TENNIS
CLUB SITE . .
1_ Ordlllll1C8 Nuinbor 1438-A of tho City
, of __ r&-8do... Zone Chang.
- 98-1.forthe Boc~ Old Ranch Tenrill
: Club site, establIShing the zoning 88
Public Land UN/ReCreatIon O,dJ.
, nance Number 1438-A. was Introduced
I; ot tho regular odJOl!mod mooling hold
I on the 18th day of August. 1999 by
the following vole:. ~
: AVES,~, OGene, Snow, Voot,
I NOES, campbell ,. M -I' . "od
. I. . otonClll'II
" cOple. of o'rdinance Number 1438-A
. ...avolIabI...."IIlo..-ofthoClljl
, Clerk, CItv Hell, 211 . 8th StI00t. Seal
, Ilooch; telephon. (582) 431.2627.
;1 DATED THIS 19th day of August, .
1999. :
;..Joonno M:V.c;, Cltyaoitc' . ,
t atyof~Beach1- "'::: ~ ~~. .
... .Publlshed In the Se" Beach Sun"
r '8f28J9Q, " .
.' ',.'
I certify (or declare) under penally of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this '7..6 day of ..LI-v.:; -'.f~. 1999.
I
~~
Signature
PUBLICATION PROCESSED I;3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
Ordinance Number /~ -1-
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
Oity of Seal Beach, County of
l'>.Orange and which f!ewspaper 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
I
...............................................
...............................................
:r -, ',SUMMARY, '.
- OROINANCE NUMBER
1436-A - BIXBY OLD RANCH
TOWNE CENTER - ZONE
I . CHANGE 98-1 :.. TENNIS
'CLUB SITE _-
OlCilnance NUfJlber"43S-A of the CIty
0/ Seal Beach .._ Zon. Chong8
98-1 for the Bixby Old Ranch Tenrus
. . CJub she, estabIrshlng the zorwng des-
Ignation as Public l8nd UselR.cre.
. allan Ordinance Number 1436-A.
r f8CiloNed second reading Bnd was
adopted allhe ~ular ~umed/r8g-
ular CIty Council meetlnd held on tf1e
23rd dSy 01 Auguot, 1llllll by tho fol.
,I lOWIng vote. . " .
" AYES, Boyd. Doono, Snow Yosi
',NOES: C8mpboII . '. '
- . . '_carried
. Caples ofOldIn&nc8 Number 1438-A'
. ..._lromth.ofIicooftho~
l. Clerk, Cttv Hall, 211 - 8th S1root, So8I
BollC/l.tolophono (582) 431-2527
I. DATED THIS 24tti day of AugUII,
1999. ".. ,
Joame M, Yea, CIIy Oerk . ,
"CltyofSoollloach. - . .
f. Published In the Se.1 Beach'Sun
-~'" '.:". -,-'_::",~.J
I
~ePr~~ '-
all in the year 1999.
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach. CA.
this "'2. day of ~~~R"-.... 1999.
/L.-.. ~-
Signature
PUBLICATION PROCESSED I;3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
I