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HomeMy WebLinkAboutCC Ord 1453 1999-11-08 ORDINANCE NUMBER /~~ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, CALLING AND GIVING NOTICE OF THE HOLDING OF A SPECIAL MUNICIPAL ELECTION ON TUESDAY, MARCH 7th, 2000, CONSOLIDATED WITH THE PRIMARY MUNICIPAL ELECTION TO BE HELD ON SAID'DATE CONSOLIDATED WITH THE STATEWIDE PRIMARY ELECTION, FOR THE SUBMISSION TO THE QUALIFIED VOTERS AN ORDINANCE. I WHEREAS, the city Council of the City of Seal Beach on August 23rd, 1999, adopted Ordinance Number 1437-A providing for readoption of Zone Change 98-1 (Development Areas "A" and "B") and adopting the Old Ranch Towne Center Development Plan Overlay (BiXby Old Ranch Towne Center); and WHEREAS, the Ordinance was published as required by law; and WHEREAS, pursuant to authority provided by Division 9, Chapter 3, Article 2 (commencing at Section 9235) of the Election Code of the State of California, a petition has been filed with the legislative body of the City of Seal Beach signed by more than ten percent of the registered voters of the City to repeal the Ordinance or submit it to a vote of the voters; and WHEREAS, the city Clerk has caused the records of registration to be examined and ascertained that the petition is signed by the requisite number of' voters, which is so certified; and I WHEREAS, the City Council has not voted in favor of the repeal of the Ordinance; and WHEREAS, the City Council is authorized and directed by statute to submit the Ordinance to the voters. NOW, THEREFORE, ~HE CITY COUNCIL OF THE CITY OF SEAL BEACH, CALIFORNIA, DOES RESOLVE, DECLARE, DETERMINE AND ORDER AS FOLLOWS: Section 1. That pursuant to the requirements of the laws of the State of California relating to charter cities, there is called and ordered to be held in the city of Seal Beach, California, on TueSday, March 7th, 2000, a Special Municipal Election for the purpose of submitting the fOllowing Ordinance: Shall Sections 4, 5 and 6 of Ordinance Number 1437-A, which change YES the zoning to commercial pursuant to the Old Ranch Towne Center plan, NO be repealed ? Section 2. That the text of the Ordinance submitted to the voters is attached as Exhibit A. I Section 3. That the ballots to be used at the election shall be in form and content as required by law. Section 4. That the City Clerk is authorized, instructed and directed to procure and furnish any and all official ballots, notices, printed matter and all supplies, equipment and paraphernalia that may be Ordinance Number /~~ necessary in order to properly and lawfully conduct the election. I Section 5. That the polls shall be open at seven o'clock a.m. (7:00 a.m.) of the day of the election and shall remain open continuously from that time until eight o'clock p.m. (8:00 p.m.) of the same day when the polls shall be closed, except as provided in Section 14401 of the Elections Code of the State of California. Section 6. That in all particulars not recited in this Ordinance, the election shall be held and conducted as provided by law for holding municipal elections. Section 7. That notice of the time and place of holding the election is given and the City Clerk is authorized, instructed and directed to give further or additional notice of the election, in time, form and manner as required by law. Section 8. That the City Clerk shall certify to the passage and adoption of this resolution and enter it into the book of original Ordinances. PASSED, AP City of Se day of OPTED by the City Council of eting thereof held on the , 1999. th~~ <r- I Mayor 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 hereby certify that the fo~~ng ordinance is an original copy of Ordinance Number ~ on file in the office of the city Clerk, was passed, approved and adopted by the City Council of~the City o~al Be9c~ ~t a meeting thereof held on the (2'1.! day of ~dL1'I1.fJ..t./(./ , 1999 by the following vo Councilmembe AYES: NOES: I ABSENT: and 0 hereby certify that Ordinance Number 1453 has been 1 shed as required by law. Ordinance Number lf~ EXHIBIT .A. ORDINANCE NUMBER /1.1 7-1f - AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98-1 (DEVELOPMENT AREAS "A" AND "B") AND ADOPTING TIlE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) I THE CITY COUNCn. 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 Fnvironrnenlal Impact Report and adopting a slatement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the eouncil adopted Ordinance No. 1437, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to change the zoning of the subject property designated as Development Areas "A" and "B", as more particularly depicted in the maps attached hereto as Exhibit "A". On August 3, 1999, the Orange eounty Superior Court issued a writ in the matter of eity of Los Alamitos, et al. v. City of Seal Beach ordering the eity to vacate Resolution No. 4660 and any approvals relying on the Final EIR. On August 16, 1999, the eity Council adopted Resolution No. 4726, vacating Resolution No. 4660 and any approvals relying on the I Final EIR, subject to an.fl pending further Court order. .. \. Section 2. : ~~uant to 14 Calif. Code of Regs. G 1502S(a) and n n.e and m of the City'! ~ GEQ'A Guidelines, staff prepared an Initial, Study and a Draft Fnvironmenlal.~~ R~rt (DEIR), to study the environmenlal impacts arising from the .~. ... '::s:. J propo,sed Bi~bY,,\015l.;i.mmch Towne Center Development Plan and related Zoning amendments,. mcliJding tHis amendment. The DEIR was circulated for public review and commenffu;.ri~~pri1;rs, 1998 to May 29, 1998, in compliance with the provisions of the California Fnvironmenlal Quality Act (eEQA) and the City's Loca1 eEQA Guidelines. Upon completion of the public review period, a Final Fnvironmental 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 eommission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmenlal Impact Report (EIR) is adequate under CEQA. After considering the Final ElR 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 ElR and adopting a slatement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the ElR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange Coun~Superior Court. The I approval of this ordinance is within the scope of the project analyzed in the Final EIR, as revised, and City eouncil Resolution No. 4728 is hereby incorporated by this reference. Section 3. The eity Council held properly noticed public hearings regarding Ordinance No. 1437 on November 9 and November 17, 1998. The eity eouncil held another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1437 pursuant to the August 3 writ issued by the Orange eounty Superior Court. Section 4. Based upon the foregoing, the eity eouncil hereby fmds, inter alia: Ordinance Number /~ I (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 If 28-2600 and 28-2602 of the eity's .QxI.c, the eity Council hereby finds that Zone ehange 98-1 will be beneficial to the short term and long term land use goals of the eity of Seal Beach. The eity eouncil further fmds that Zone ehange 98-1 will promote the public health, safety and welfare. Therefore, the eity eouncil finds that Zone ehange 98-1 will be in the public interest, and makes the following findings of fact: (b) Zone Change 98-1 will confonn 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. 2. recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Pennits development that does not interfere with the operational capabilities of the Los Alamitos Anned Forces Reserve eenter. S. 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. I 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and -cut-through traffic" impacts by prohibililig any development south of St. eloud Drive and limiting exiting movements from the retail shopping center at SI. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at SI. eloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the ElR, 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 tenn 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 concurn:ntly with this approva1. (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 eouncil hereby adopts Zone Change 98-1 (Development Areas -A" and -B"), and amends the Zoning Map of the eity of Seal Beach as follows: I (a) Those areas designated as Development Areas A and B in the Bixby Old Ranch Towne eenter Development Plan, shall be zoned General eommercial (e-2) with an Old Ranch Towne eenter Development Plan Overlay. This zone change is more particularly depicted in the maps attached hereto as Exhibit -A", designating Development Areas -A" and -B", with accompanying legal descriptions. Section 6.. Based on the foregoing, the City eouncil hereby amends the Code of the eity of Seal Beach as follows: Ordinance Number I'~~ (a) Section 28-1405 is hereby added to Article 14 of ehapter 28 of the eode of the City of Seal Beach to read as follows: "Section 28-1405. Old Ranch Towne eenter Development Plan Overlay. There is established in the e-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 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 e-2 Zone. " I PASSED, APPROVED AND ADOPTED by the eity Council of the City of Seal ..... " a '7 ""1-.... '" ~. .:.?~ day at fA:;) , 1999. Mayor Attest eity Clerk I STATE OF eAllFORNIA COUNTY OF ORANGE eITY OF SEAL BEAeH } } SS } I, Joanne M. Yea, eity Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number / Q~ 7 ~ 7t on file in the office of I the eity elerk, introd at meeting held on the / I'D <Ii. day of , 1999, and passed, approved and ~ted by the City eouncil of Beach at a meeting held on the A.~ day of , 1999 by the following vote: AYES: Councilmember NOES: Councilmembers ABSENT: coUncilmemberS~ ABSTAIN: Councilmembers~ and do hereby further certify that Ordinance Number /I..$?-I/-rtas been published pursuant to the Seal Beach eity eharter and Resolution Number 2836. I t:J I I I I' I ill! ~ ilil sllll ll) (D - I r"'oo 0') o 2 c.. e:( ~ ...J W U a:: e:( c.. w > - .... e:( .... 2 w .... Ordinance Number /~ EXHIBIT" A" (Maps Depicting Development Areas "A" and "B", and accompanying Legal Descriptions) \, ~~ t\ <( u ; - U<( (f)CO ~~ ,'I <cW ~ --.J (f) : I ~:'r. j. " .: : , I . . I ,~ .' I' 11111 1'1 ,. ill! " ,;I IIII1 II I ~II I~ i 19' I' !..! I! 111:i! II I ! !l! ir.!1 Ii 'I~ 111"~ir~ ~~ii :"j! Illbl illl!~1 I';~ ~ Il'lln :,11! I illlllll;a ! j! II !~511 f iiU15111lJIiI~ ~ 1!lll!! .Il I. II I.. d ,il I .1 ii! '" J 1..1.....11....... !i!I. . I II I 11,11'1' I,ll I' J,I I' j,lllatl:1 n.! I ~ IUd:I!!lall:I.~ ! iliill~ilil'lil!' i !;'I'IIII!I'II"I~ I lli: 111,11'1' ElIiiIBS BSIiiIB III ,.. !lim.II!!!I! 'I'I"II;!,'I/I'I ""11"1 ' I!I!I!IIG !!:!l 8E18E1E1EJ B 1m !! II! I II I! ! III II II !!II ; I i I i!i 1111 III Iii i31 I , . , --I I II I ' I ! f . I I ~ ~ I S ~ /1 ,/ I ,\ , \ \, , " , ~ u <( co ~ w (f) i!I:' i!I:' ! , ROSSIlOOR: CENTER WAY'. );: Zl/) O~' (f)I"" OlD :r>~ -02 rrllD I"" (f)~ rrl -1 aJ :r> .10 INA I , I , I I ,"' --------~ ~~ ClDUJl ORNE ---------., I I o Ordinance Number ;I~~ :\ \ I, , 1" 'II I, , I, , TRUE POINT OF BEGINNING .....~'I."....IIII'I'.II ~ Ilii I r.m'li Y'I"; mil;)P1 Pili ~llrll!$lil. ~ lui~lj!i " a! ~ i, ~!IJ!!1 ~ !~I!i ~ IIi:! e ~~I'I ml c .. ~ I!III'IIII'I ~ ~I ! .' II".. ~ 1m II,;, "! !I Z I c '1 "", I I Iz ".1 1 I" lil'!I' ,I' · .J! z. I Sl ai' IJlI ., 1',:1 ' i!I:"11 !jl' IIlIIII1 ! 1'-"1' I 'lJ I 111:.Ii :' Illil . , oj. :'111 J ,_ ~--f1' r- " 0 il.!~-- ~ "'I ~-- - -n-~ lI- It \ it = I L 1.;-- ~ II I I Q) :'e!1 I :1"' I , ~- - --------- !I I " I I :1 I r \--ij ~ I, il .- !~ :' , -- -- ~ ---.~t-~ ---~:::-- ----:--~r~ I :11 . I ' I 5 I :: I I I .. I I I I I I I I I I I S--9P-- I I . , I - - - - "lIfP- I I I 5 I -t I I , I- ii! , I _____-.J I ; I ! . . - 11"'I'I'il!', 111;ill lil!lill~ I !l,! liil I "11 I! I 1- ....._.._..n... "'..'''''1,1_... I I!!!!!!!! I ~ I liiiliiii II liiliiiii II Ii Iii lii I I I ;I~. ., L -- """"'" I , lENTAl1\IE lRACT MAP I NCLEDON KIRK ENGlNl!ERI - - - - -- . -0' 0 + NO. 15767 BIXBY RANCH COMPANY ,.. .... ...... UK 114 . . ..-.a._ I~ - 0'14) ...__ (1"" __,., OLD RANCH TOWN CENTER ... ('141..1-111'I I Ordinance Number I~~ / Legal Descriptions - Development Areas " A" and "B" Area A (26.045 Acre RetaiVCommercial Center' I In the eity of Seal Beach, County of Orange, State of ealifomia, being a portion of Parcell of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the eounty Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, 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, 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 ofthe eounty Recorder of said county; thence southerly along the easterly right-of-way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE POINT OF BEGINNING; thence S 890 48' 30" E a distance of 526.34 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 45011' 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 of 74.75 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. .. .. I Area B (8.57 Acre Hotel. etc. and 5 acre landscaDin2 and street Darcel; include outline of 2reen belt) In the eity of Seal Beach, eounty of Orange, State of ealifornia, being Parcels 1, 2 and 3 of the map filed in Book IS, 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 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 count}' afar€:- said; I am over the age o~ 1~;ghtE:en 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 n~wspaper 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: NO 1/ ?-~ '/) {$(:..?.-s ::J1W"'2- 7 all in the year 1999. I certitf (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this ~ day of ::J ~ /l,- ~ Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 ,1999. This space is for the County Clerk's Filing Stamp I Proof ot Publication ot - - 'Sectlonl. ThatlhepollSshallbe~ . OROINANCE NUMBER 1453 a' S8Y8f1 o'cfock a,m (700 a m) of An ordinance of the City Council the day of the election and shall of the C1ty of SeI) Beach. California I remain open COntinuously from that call1n, arid giving notice Or the hal~ lime until 81ght o'clock p m (8'00 . Ing 0 a special munlclJNII election J I pm) of the same day when the polls . an Tuesday March 7th, 2000. con- I.~ iharbedosed.exce~BsprowliKIln aolld8lect with the primary munlcl- Secbon 14401 ofthEi Elections Code palellCtlon to bl held on .lld d... (" of Ihe State of California con.olldated with the .....wid. prf.. I ! Section II. That In all partICulars not mary.leellon.forlheaubmluionlo le1 reeded In Ihls Ordinance, the elee- the qualified voters en ordlneRC8. ~ lion shall be held and conducted as Wheru..lhe City Council of the City I proVided by law for holdmg munlCt- of Seal Beach on August 23td 199!J. - . jH\l,~leellons. - . . . adopledOrdlnance!Qumberi437-A' rsec.Ton-7.....Til8IilOtIC8~fthe-t1,;Mct I .provldlng for readoption of Zone r:-~ of holdma the e1echon 18 gIVen . Changa 98-1 (Development Areas ( and the City Clerk IS authorized -A-and -B-) and ado~tlng the Old Instructed aild dlrecled to give fur~ I Ranch Towne Center Development N ther or additional notICe of the elee- Plan Overlay (Bixby Old Ranch I tlon, In lime, form and manner al , Towne Cant8l'), and required by law. I Where.s. the Ordinance was pub- ; U Section i. Thai th; Clly Clerk shall IIshed as requl* by law, snd . ~ 10 the passage and ~ of .Wher.... pursu.m 10 authollty pro- IS this resolullon ana enter Illnlo the Vlded by DM9IOn 9, C~er :'I. Artl- book of anginal On:Mances , cia 2 (commencl~ at Seellon 92351 PASSED, APPROVED AND ADOPT- of the EleCllon CaGe of the State 0 ED by the City CounCd of the City 0' I California,s petl'lon has been hied Seal Beach at a m88llng thereof tield Wllh the 18Ql!!la1ive boc;iy at tI\e C\ty on the day of of Seal Beach signed bY more than -------t999 I -ten percent of tht i'eoIsIei'ed voters of . . Ihe Cily 10 repeal die Onhnance or: Mayor. autvnll II to a vote of the voters, and Anast. I Wherea.. the CIty Clerk has caUsed Cdy Clerk the records of regiSlratIon to be exam- 1 "ed and 8SC8II8Ined that the petdlon STATE OF CALIFORNIA I . IS Signed by the reqUISite number of ,COUNTY OF ORANGE SS voters, which IS so cerbhed, and CITY OF SEAL 8EACH Wh,o'de..',the CltY,Ch ounell hla., "hot I, J08M8 M Yea, CIty Clerk ofltis C:dY va e In avor of e repea 0 I a . of Seal Beach, Caftforrua, do hereby - Ordinance, and certify thal.lhe foregcmg OI'dmance II . Wh.r.... the City Council IS aUlho- I an orlgmal copy ofOrcDnance Num- - nzed and dlreclei::l by statute 10 sub- I bar 1453 on blelll theofhce oflhe Qty mil: the Ordinance 10 the volers. I Clerk, wal passed. approved and NO",!, THEREFORE, THE CITY ,ado_I.>lIheCttyCouni:llofIhaCly COUNCIL OF THE CITY OF SEAL of Seal Beach al a meel/ng Ihereol BEACH, CALIFORNIA, DOES' held on the 8th day of November RESOLVE, DECLARE, DETERMINE I 1~ by Ihe ~I~ng vote: . AND ORDER AS FOLLOWS ~. I AYES Counalmambers Boyd Camp- Section 1. That pursuant to the bell, Doane, Snow, Yost ' requirements of Ihe I8INI of lhe State f NOES None of California relating 10 charter cdl8s, I ABSENT N . there IS called andOrdwed lobe held, . one.. _.'" . m the City of Seal Beach, Catdorma. l ,and do here~ certlfy 1h8t Ordl~e- on Tuesdav, Mard171h, 2000. a Spa.. ! Number t453 has been published as clal MUnlclpal Ejection for the pur- [".reqUlred by, law pose of submrtltng the following ordi- nance Joanne M Yea Shall Sechons 4, 5 and 8 of Ordl- City Clerk .nance Number 1437.A. which I' Published Ih S al B I change the zaRing to commercial - In e e each Sun ~ pursuanl to th.,Ofd Ranch Towne . 1t/~5,'12/23199, 1127100,. . Center plan, bit repealed - . YES' NO Seellon 2. That "Ihe text of the Ordi- nance 8ubmltted to the voters II ',. a.ttached as ~ A. , Seellon 3. 1l1aI the ballots 10 be used . at Ihe electIOn shall be In form and I I content as required by law . .. , S.ctlon 4. That the' City .Clerk I. authorized, Instructed,and directed '_ to procure and furnish any and all , ofIIciaI ball!*: notIC8S, pnntBd maaer . I' ... all SUpPIlBB, _omant ard flB'!Io . ... phemalla that may be necessary In I. order to properlV and lawfully con- I ducllhe election - . . ~ -- .. ~_._._- I I I 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 count}' afore- said; I am over the age o~ c.;ghtE:en 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: -t-J ov ~( \)Y.e, ~ ~J_171 all in the year 1999. I certify (or declare) under penalty of perjury that the foregoing is true and co rrect. Dated at Seal Beach, ~f\' I this ?/c day of :JArV 1999. -Lv -he- Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 Ordinance Number J'~~ This space is for the County Clerk's Filing Stamp ...Proof of Publication or EXHIBIT "A" - -'" _ - ORDINANCE. Section 3. The City Council held NUMBER 1437 A properly nollced public hearings . . :regwdlng Ordinance No. 143701;1 . I An ordinance of the CI~ Or S..,' November 9 and November 17, Buch .....daptlng Zone Cltenge es.., 1998. The City Council held another 1 (D've~o ment ...... "An and "B") pUblic hearing on August 23. 1999 arid ad Ing the Old Rench Towne I..to reconsider iidopllng OrdInance No . Center velopment Plan Overlay 1437 pursuant 10 the August 3 wnl .(BlXby Old Ranch Towne Cente.... ISSUed by the OIange County Sups- . " 'nor Cou~ ,The Cdy Council of the CIIy ot Said :, , Beach does ord8ln as foIlowi '.1 SecIion4 Based upon thefolegol~ Secbon 1. After a duly notK:ed ~ubhc the 0Iy Cwd h~ finds, ~'* all': heanng 10 consider IfJI8f aha Zone ,_I (a) Based upon subslan- I Change 98-1, the P~ cOmmls- t.... 8Yldence In the record of the ~ SlOn l'8COmI11ended denial Of Genearf Counal heannas regarding the appti- . Plan Amendmenl 98-1, and did not I calIOfltatlo' and In Ifie erMrorvnentat doc- therefore make a rac::ommendahon to:ll umen n prepared 111 conjunction , the City Council regardmg Zone" : ~llh thiS prolect, and pursuant to q.ange 98-1 On NlMlI11ber 23 1998, . .128-2600 and 2.-2802 01 tho City's ! afler~~noticePLtiChea'_ 1",.QQdIlhe CIty Council hereby flnds_ i!19s, tho CIIv Of SOollleaCh adopted "'I_ Zon. Chong. 98-1 wdI be be... - I ~ CouncdResolubon No 4660, C81'- J efJcIaI to the short term and long term I ~ the Fnd ErMronmentallmpad; ,land use goale of the City of Seal~ , ov::~a::g:,~:~n&~li:~n~~~~~I== , Ranch Tovme Center PITll8d, There. the public heam;, safely and wellare. , _.1110 Counal_d ORin""", ~ tho CIlr CoUnal ~ndo_ No 1437, amendlng.the Zonarq Ordl- Zone Change 98- 'It'II1 be 11 the pub- nanca and ZonIng Map of the 0Iy of lie Interast.. iInd makes the follOWIng I Seal Beach to cRange1he zoning of findings or fad . the subject property deslgnateaas . (b)Zone~e98-1 wdI , Developmenl Areas~A- and -8-, as conform IaiKI uses to those set forth more_do_..1I1o mops wlIhln 111. Genoral Plan forlho sub, I attached herefo as Exhlbil-Aft On 'jed area. and provide a ~hen- ~ust 3, 1999,1he Orange County slve development which accorn- 'SuponorCoulllllUlldswnt"lI1omol_ ~lI1ofol""""sooalo~~ I ter of Cdv oflDs Alamo:. at v Cty 11'I ~....,.. dE of Seal Beach ordering the Cdy 10 ; on the subject property . vacate Resolubon No 4660 and 8!1V 1, Preserves the 8X1Ibng. ;wprovals reIvInR on the FInaf SR on golf course August1S, ~999,the CIIY Council , 2 Dedicates Ihe Old ado~ ResoIuhon No, 4726, vacat- Ranch Tenms Club to the City tor Ing Resolution No 4680 and any Il'8Cr8abonal ~rposes. , 'aPiJrOVaIS reIylng onlhe FInai BR, all). , , 3 Creates a comprehen- Jea to and pencing l\dw Court order. , SIV8 developmenl program for under- . ' uIIllZ8d and vacant properties SecllOl'l 2, Pursuant to 14 CallI Code . 4, Permits ttevelopmenl of F.'egs '15025(a) and 1111 C and III that does not Inteffere With the QP8r- of the City's I..ocaI CEQA Gudehnes, atlonal capablllll8S of the Los A1arm- staff Prepared an Il'lIbaI Study: and a t08 Armed Forces Reserve Center. Drall Envlronmenlallmpact Report 5 Provides development (CEIR), to study the environmental that I, at least fiscally neutral and, I !!'lpacts "W:~ from the proposed more likely, fiscally beneflClal to the ,tIllCbyOld TOMl8CentetDewl- . CIty. opment Plan and related ZOning .' S Adequately mltlgatea amendments, Induellng thiS amencf- project-related traffiC and noise men! Tho DEJR WOS_ for lllb- Impoets 'c rtWIew and corrwnent from Ap. 15, 7 Responds to concerns 199810 May 29, 1998, In comPlrance from Ihe unlncorporaled commun~ .wlth the prowllons of the California 01 Rossmoor re,p.:atdmg noise, IlgliI Envrcnmantal Quality A1::J. (CECA) and , and glare, and CUI-throught traffic- the CAty's Local CEOA GUidelines Impacts I:)y prOhl~dlng any develop- Upon complebon of the publIC revt8W I rnent souIh Of SI CIouiI 0nV8 and km- penod, a Fin. El'Wlronmenlallmpact Illng eXiting movements from the Report was ravJ8Wd ~ the Planmng rel8l1 shoppmg center at St. Cloud CommiSSIOn at a publIC heanng hBla Dnve 10 I1!iiI ar1d IefI turn movements on September 9, October 2f. and 'only EXIlmg Ihe Shopr.1ng center , November 4, 1998, Aher the publiC across Seal Beach Bou evard at 5t r.eanng, the PIannng Cc:msslon fDlJ1d. Cloud Drive Inlo the Rossmoor com- II'lI'Olqi the adopbor1 rl PlEmIlg c:.om: mundy will be physically prohlblbed miSSIOn AesoukmnNo 98-37 Iflat the BIxby Old Ranch Towne Center DeveI- (c) The project Will allow opment Plan Final Envlronmenta' for a reasonable rBnQe of land uses Im~act Report tEIR) " adequaled on the SlIbJecI prop~, ~n= . untter CEOA Aher conSfdenng the the venous SIte constraints Final EtR and pubhc ~ Ih8r8to Ullhe EIR, WIIh the provision of var. aI a public heail~~ Novemtier9 iEf'Id IOUS land uses to aadress the Idend. ,Nov8mbet 17, 1996, the ~CoooaI lied objectlV8softhe Cdy adopted City CounaI ResolUlIOl'l No,' . :.4680, certifying the Final EIR and" ~ (d), The Bixby Old RanCh ~aslaler1'l8rtof~con- ~Towne Center Developmenl Plan I sd8rB1tons On AuguII 23, 199ft, the and the necessary zoning changes ~ Counal condUCted a p&.tic heF I Will not be itelnmental to tha stiert 'Ing 10 conmder I'8VISIOOIIDIhe EIR and f term or long Ierm goals or ~V88 , I a statement of ovemdlng cOnsldera- of the Cd,. Of SearBeach anit are In. 1 bons p.nuantto the Augusl3, 1999 ',the II'lteresl of the public health, saIe- 'wrltlssue.d by the Orange Counly I,!vandwellare, lbe zone change set Suoenor CouiI The appfOvai of this fBrth herein IS consIstent With Ihe ordinance Is WIIhln the ~ of 1he ' General Plan, as amended concur- project anaIvzed II'1Ihe FINlI EIR, as rfIntly With lhIa approval, ""'sod, ond CIty Counc:iI _... I ;;...r;~ horotiy noo."..oIbol by lID Ordinance Number J'~~:r 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 cour,~/ afor6- said; I am over the age 0: ':.:ghtsen 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: N oV '2- S ?;gc.. 2:S all in the year 1999. Fc~ 3 I certify (or declare) under penalty of perjury that the foregoing is true and correct. Dated at Seal Beach, CA, this -:) day of r€-"l> 1999. A.. r-r Signature PUBLICATION PROCESSED BY: THE SUN NEWSPAPERS 216 Main Street Seal Beach; CA 90740 (562) 430"7555 . '(9~9). 7S9-7726 . ., '. ' i' This space is for the County Clerk's Filing Stamp . . le)The ~hmenl of a B1~Old_Towne~Con. , .. cep! Plan ZDnlRQ overfay Will ensure . IhilIhe prqecl wi! be d8YllkJped over ! time consllatent with the plans . ap~ed by the Clry Coundl . . Section 5 Based.on the fore- noIng, the CIty Counalhotebv adapts Zone Change 98-1 (Oeveropmenl Areas .A~ and .B.)~d amends lhe ZorJng map of Iho ~.. of SealIleach I asfolrows. . . (a) Thoso ..... do.gnat- .' ' I. ad as Development Area A anaB an I , . the BIXby Old Ranc;h Towne Center I. Development Plan. shall be zoned General Commercial (C-2) WIth and I Old Ranch Towne Center Develop- ment PI~ Overlay. ThIS zone change Is more particularly depicted In Ihe maps BIIachted IMi_.. E>hobrt 'A',_" -.gDove__'A'101d'S', WlIh accomPl!"Y"glegal desc:npoons - SectIOn 8. Based on the fore- gomg, the Cltv CounCil herebY, amends the Code of the Cttv of ss!!!. lluI;b ..follows, - fa) Section 28-1405 Is hereby added to ArtJcle 14 of Chap- ter 28 of the Code of the C11y of Seal Beach to read as follows. - .Secllon'2B-1405 Old Ranch Towne Center Development Plan Overlay. There IS established In the C-2 Zoite the Old Ranch Towne Cen- ter Development Plan Overlay. All development In those Flortlons of Planmng Duttrlcl 6 deSignated as "Oevelopment Area A" and .Oevel- opment Area B" In the Bixby Old . Ranch Towne Center DeveloPment Plan shall be In confonnance With, and limited to, Ihe pian., speclflca. lions and proposed uses so . approved All land uses subject to . UMi overlay shall complywdh ttie oth- BfWII8 ~lIcable dev8f9pment stan. dards of the C-2 Zone." . PASSED. APPROVED AND ADOPT- . ED by !he cnv Coun'" ., !he C'W 01 Seal Beach a( a meebng thaRlof IieId on the ?3rd day 01 Aug~st. 1999 Attest Mayor 'lIlryl.A8rK STATE OF cALIFORNlAt" COUNTY OFORANGE SS - CITYOF SEAL BEACH ..._ I, Joanne M. Yea, Cdy Cerk ofttie qty of Seal Beach, Callbrua, do herebY cerltfy that the foregOing ordinance Is en ilrio'""'.... oIlJnlInenco Num- ber 143' -A an fire In the office of the . Ctl.,. C181k, Introduced at a rnM!J!l1I '. held ,",!he 16111clay 01 August, ''''~ . and ~d, 8PPf0V8d Brii:t adopted I., by tile Crty CoUriaI 0I1ho Cdy 01 Seal , B8ach at a meeting held on \he 23rd , ~yof~u~,l~by~foIlOWl.~ I ,AYES' Coun~embers"; ';: '_' . Bovd DoaRlll Snow Yom', NOES,' Counclimemeberl ~-' . I .. ~ .'ABSENT:CounCllmembers.NONE I ." .' .~ _ _ _ ~ I ABSTA!~,~uncHniomhera: NONE lO1d do heraby further c:anlfy IhaI 0nlI- ' j' nance Number 1437.A has been , _ed _10 Iho Seal Basch ~o.~ CharI8J' ""!' R"."?IUb.,", N~ber : I', ... - ". .' '...~. ..', lIll)'l..ilenc:" . t' - . .- -. . ",., '.- -, ....' " '. ':.- .., -' - : ~~a~jD~~~IJU'~"A'~'B.;.1 I and BCcom~ng Legal descnp. !:: I ",ii-~ ' . I i' I '- , ------ II;;. .. ".1lL '. Iil! .. ~-' - r- ';.~.~ I - ..- _--:-- " . ~~~ i'..em Rei~llICom- In t el ~ ~ eat Beach, County 0' Orange, tate of California. being a portkJil of Parcell of the map filed In Book 18, Page 14 of PB/'cel Maps. In the OffIce of the County Recorder of SBId coun!)', and bBlng an undIVIded portion of the North- easl quarter Of Sechon 31 Town- ," ,tup 4 South, Range 11 West. San I BernardinO Base and Meridian. In the Rancho Loa A1amllos, as per Ihe map filed In Book 14, Page 31 01 Deeds. In the OffIce of the Coun. ty Recoraer of laid county, lT10Ie Precisely descnbed as foaIows , - B~lnnlng at the southwest comer of Parcel 201lho map hied In Book 16,' P~e 14 of Pan:el Maps. In the 0fhc8 . of the Counly Recorder of said COUIl- ty, thence southerly along the east- erly right-of-way of Seal Seach BouievBrd a distance of 231 24 feet to the TRUE POINT OF BEGIN- NING, thence S 891 48' 30. E a dls-- lance of 526.34 feet, thence S ()(JII 11' 3D" W a distance 01 8 68 feet", thence S 891148' 30- E a distance 0 . 450 39 feet, thence S 44' 48' 30" E a diStance of 47 28 feet. thence S (JOI 1" 30" W a distance of 83 28 feet, thence S45' tl'3O"Wadl&lance 0 113 13leet, thence S 00.'" 30" W " distance of 464 83 feet, thence N 891 48' 30~ W a distance of 74 75 leet, thence S 451 11' 30. WadIs- tance of 35 38 feet, thence S 0QI1,' 30. W a dlslance of 528 45 feet,lthence N 89' 48' 30" W 8 distance of534,73f8et S45",'3O"Wadls- tanee of 36 64 feet thence S 00' ,,' .. - 30. W a distance of 58,69 feet; thBnCe N 88' 48' 30" W to Ihe easl- I 'erly rlght-ot-way 0' Seal Beach , Boulevard, a distance of approxl- I mateIy 289.78 feet; thence nothlertv " along...d nghl-or.way 10 lhe TRUE . -POINT OF BEGINNING. - I The abOve describes an area. of I . .26 045 san. mol'8 or less. J ...... .' I 1!i-!~l.r,:i :!~bi?~~I' -I t In the CUy'of Seal Beach: Counly of O,....a, SIalo or Call1orn... boong I~' Parc81s 1, 2 and 3 of the map f111iCt I m Book 15, p. 11 of Parcel . '- '.Mapa"." the Ofhce of the County i Rec~er of sard county" .;- I' The I.Ibove descnbes an area Of 13587 acres, mol'8 or less .." I 'P~bll~hed In Ihe Se&t Beach ~~n. 11n5, 12J!23199,2I3IOO,