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HomeMy WebLinkAboutCC Ord 1437 1998-11-23 ORDINANCE NUMBER ~ I AN ORDINANCE OF THE CITY OF SEAL BEACH ADOPTING ZONE CHANGE 98-1 (DEVELOPMENT AREAS "A" AND "B") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCil. OF THE CITY OF SEAL BEACH DOES ORDAIN 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. I Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and U H.C and ill of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental 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 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. 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. I Sectiqn 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 S. 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 documeniation prepared in conjunction with this project, and pursuant to U 28-2600 and 28-2602 of the City's Code, 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 Ordinance Number;l~~ , 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: (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. 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. S. Provides development that is at least fiscal1y neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise 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 SL 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. I (c) The proposed project will allow (or a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR; with I the provision of various land uses to address the identified objectives of the City. (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 ame~ded. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that t1ie 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, fue City Council hereby adopts Zone Change 98-1 (Development Areas "A" and "B"), and amends the Zoning Map of the City of Seal Beach as follows: ..' .. . (a) Those areas designated- as Development Areas A and B in the Bixby Old Ranch Towne Center Development Plan, as revised by the City Council and by the applicant as shown on proposed Tentative Tract Map No. 15767, dated 11-17- 98, shall be zoned General Commercial (C-2) with an Old Ranch Towne Center I Development Plan Overlay. , This proposed zone change is more particularly depicted in the maps attached hereto as Exhibit "A", designating Development ~fe!lS "A" and "B~~ with accompanying legal descriptions. Section 7, Based on the foregoing, the City Council hereby amends the Code of the City of Seal Beach as follows: Ordinance Number4 (a) Section 28-1405 is hereby added to Article 14 of Chapter 28 of the Code of the City of Seal Beach to read as follows: I "Section 28-1405. Old Ranch Towne Center Development Plan Overlay. There is established in the C-2 Zone the Old Ranch Towne Center Development Plan Overlay. All development in those portions of Planning District 6 designated as "Development Area A" and "Development Area B" in' the Bixby Old Ranch Towne Center Development Plan approved on November 23, 1998 shall be in conformance with, and limited to, the plans, specifications and proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards of the C-2 Zone. " PASSED, APPROVED AND ADOPTED by the ~ <;ouncil of the City of Seal Beach ~ng~ld on the PC:hit day of (Q , 1998. ~ Mayor Attest: STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } SS } I I, Joanne M. Yea, City Clerk of the City of Seal Beach, California, d~' certify that the foregoing ordinance is an original copy of Ordinance Number ~ , on file in the office 11:'- the City Clerk,' coo a meeting held on the G - day of , 1998, and passed, approved and~ted by the City Council of Beach at a meeting held on the 'tI'.t. day of , 1998 by the following vote: AYES: Councilmem NOES: ABSENT: I ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number /~., has been published p~rsuant to the Seal Beach City Charter and Resolution N~. Ordinance NUmber~ EXIllBIT "A" (Maps Depicting Development Areas "A" and "B", and accompanying Legal Descriptions) I : I 'I ~y!.:1 ill I:: ! 'II : I .1" f ~ I I I. Ln - ---6- "j '--J- ~ --;, , ARE A A TRUE POINT OF BEGINNING I ~ I:) .. - ): ZI/I !!!!!!!!! I !i i I I_I--"'-- I:) .. N Ilil! ~~~e Ill" ..I ...-...-----., , I I! B ""B BB II g~~i~~ ~I Bl!iiil~~ ~~ ",..~ l'll!i.. 127 9;P~ I ~~~J , J I I i I lii:JlI~ll! I'III,II!I "II~ dll,!:1 ....i! , . i'G'uil il!illm; mill! ~~fl~i ~~"~~I ~,'i!il ~'I ~I /I i 1'11'1,,' li: . I,ll ' 10-1 !I II II -.1..1 [~ · II e,I:,' I I 11I1"m OI' I :1'111 I I '1.'1 iI ~,J'm I i!I'I'I' III I ! d. jI " J l.ll:~' ;1 r; jI ",!HI ~IU J ._ 1- ._....._.... .... __11"_ . IIICUDDII KIU. ENaIcau ~_ 10 . I , , TENl'AfNE TRACT IMP' . i NO. 1~7'7 BIXBY RANCH COMPANY ---......-.. _-.ca_ I..... OLD RANCH TOWN CENlER Pall ....... Pili..... ..IJMtIl'.lIU I I~ < LLI c:::: < I Ordinance NumberMf-- --I I JI IH'I m ~ 'I, ill ,!I il I' I "ll ! II I Iii ~I I~ i 11;,i II~ II,' d I!ll~! 1111 B.9 .11 il,l!l ~ . ~~ ~~ ;~~ ~e III~! .Ii ~!J ~~~!!~~~~ el!' I'!! I Il) CD ... I ,.... en o 2 D.. <C ~ -' W o a: <C D.. W > - I- ~ 2 w I- 1111111 11:111 tl Lll '1Ill~ III H,ll r,1:Dlir~II:I:r ! lilml~ilililil~ I liilmClil,iild , 8alllil SliJ1i8 III III ~~~ II il !I!I!lII,M.. 'l'I'III;I'lllil II!"III"I I 111i1.l11.!.:!. BSStiEl iii S !!I III I l!lll !I ,I 1,I;iiii. I i I II I . I J . 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Ordinance NUmber4- Legal Descriptions - Development Areas "A" and "B" Area A (26 Acre RetaiUCommercial Center) In the City of Seal Beach, County of Orange, State of California, being a porti,on of Parcell of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of I Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map tiled in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest comer of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right-of-way of Seal Beach Boulevard a distance of231.24 feet to the TRUE POINT OF BEGINNING; thence S 89048' 30" E a distance of526.34 feet; thence S 000 11' 30" W a distance of 8.68 feet; thence S 890 48' 30" E a distance of 450.39 feet; thence S 440 48' 30" E a distance of 47.26 feet; thence S 000 11' 30" W a distance of 83.28 feet; thence S 450 11' 30" W a distance of 113.13 feet; thence S 000 11' 30" W a distance of 464.63 feet; thence N 890 48' 30" W a distance of74.75 feet; thence S 450 11' 30" W a distance of35.36 feet; thence S 000 11' 30" W a distance of 528.45 feet; thence N 890 48' 30" W a distance of 534.73 feet; S 450 11' 30" W a distance of 36.64 feet thence S 000 11' 30" W a distance of 58.69 feet; thence N 890 48' 30" W to the easterly right-of-way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence northerly along said right-of-way to the TRUE POINT OF BEGINNING. The above describes an area of26.045 acres, more or less. ..oil ..oil I Area B (8.57 Acre Hotel. etc. and 5 acre landscaDine: and street Darcel: include outline of e:reen belt) In the City of Seal Beach, County of Orange, State of California, being Parcels 1, 2 and 3 of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County Recorder of said county. The above describes an area of 13.567 acres, more or less. I PROOF OF PUBLICATION (2015.5 C.C.P.) ITATE OF CALlFpRNIA, ounty of Orange-,.~ I am a citizen of the United States and a resideht 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 t1as Been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the date of 12/24/75. Case Number A82583; that the notice of which the annexed is a printed 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 dates, to-wit: . /I~ all in the year 1998. I certify (or declare) under penalty of perjury that the foregoing is true and correct. I Dated at Seal Be~ CA, this0 dayof~ ~ ,1998. i ature PU3U~ATION OCESSED BY: THE SUN NEvVSPAPERS 216 Main Street Seal.Beach, CA 90740 (562) 430-7555 . (714) 759.7726 Ordinance Number /1~7 ,/ ThIs space for for the County CI~rk''5 Filing Stamp Proof of Publication of ..........i.....t.............................. ............................................... Paste Clipping of Notice SECURELY in This Space (-:.~..~.. 'SUMMARY' ~ . OROINANCE NUMBER 1437 ; :_ZONECHANOEll8-1'I.'.' , BIXBY OLD RANCH. '. I ,_ ';, TOWNE CENTER ';,.' . , . DEVELOPMENT PLAN ",I- _ , Ordinance Number 1437 of the CItY . "of Seal Beach adopt. Zone C}l8nA- ~ - 98-1. forDevelo~unenIAr88S ..... ;' ,-8- the Towne Center, Senior Care . FaCIlity, HaleI, and Restaurenll, and . edoplllhe BiXby Oad Ranch Towne ~ Center Development Plan Overlay. :Ordlnance Number 1437 wal Intro- duced at the regular City Council I . !'!WIlIng of Novediber 17th, 1998 and I firsI rHillng was approvod by Iho 101- Ioo.1ng...... .. .' I AYES: 1!!lYd, Brown, Do...., YOI! ~ ,NOES CIimpJJeJl MoIlon camod , ~ Ordinance Number 1437 Will recslV8 , second readlfflJ and be considered for adoptIOn at Ilia regular gty CounCil . meeting of November 23rd. 1998. Coples'Of Ordinance Number 1437 - are av8l1Bbae from the offtce ofltle 9Ily:' C1e.rI!L CIlv Hall, 211 -lith SIr8l!!. So8J Be....: te1op/Kine (582)431-2..7, r DATED THIS 20th day of November, ['1_", . , J~.M~v80~c;Iiy'aerk ' .:..... CIlyatSHlBeBch.. .",.' , :- Publi.h."d In ltie Sei.I'Seaeh Sun .., ,;11~B.. "i~.-L.!::-_...,:", .': "i Or~inance Number ~~;1 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 coun~y 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 ~as 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 \~an nonpareil), has been published in each .regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-\",it: " ~ ~ /07p all in the year 1998. I certiiy (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Bea~~, CA, this 03' dayof~~,.1998: 4A zr:~e PU3U::::ATION PROCESSED BY: THE SUN NEv'lSPAPERS 216 ~,'2in Street Seal Beach, CA 90740 (562) 430-7555 . (714) 759.7726 This space for for the County CIE!rk'-s Filing Stamp Proof of Publication of I ..........i.................................... ............,.................................. . ~-:-~50MMARY--;-'. , ORDINANCE NUMBEA lA37 - ZONE CHANGE 98-1 '/',_ > BIXBY OLD RANCH TOWNE; CENTER DEVELOPMENT PLAN OJ'ilI'~' ,N"mb';"M~ of m. C'~ ~s:e., .~n~'s 0". y~,no ., for eve ,nt 88:i A an ., he owne r: Sem r. ~re j ac,I.IV'~OI'1. an I~s.."r.~~r,;nd do 18 e"Blxb Olet-A nch 'f'oWhe I ~~~er evelopYr;ent pPan Overlay '\ rdin~mce Number 1437 was .ntrO- uced al the regular C1'Y CounCIl meettna or November 23rd 1998 Clnd first relUtlnl1 was approved bV th~ 101. I IoWlngvot.r , " _ '; , AYES Bovd, BroWn, Doan. Yosl ' NOES .C8'mpbell - Mollon c~rrled ' OPl8S1 f O(dmance Number 1~37 I ~,v"'-_Ih.olf1c.oflhe "" , '''hC1tv Hilll 211 - 8th Street eiU ac . te1epnone (562)431-2527 DATED THIS 24th day'of Nov 1998 JOlyannsSM IY~' Clty-CI.rk '. ' CI of~ sa Beach ". . -S.!L ~ PubksheC:f SitaJ 8Ii~h'Sun 12/03198 ---_t.-.-.:...._ I I