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HomeMy WebLinkAboutCC Res 4833 2000-08-28 , RESOLUTION NUMBER~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH DELETING CONDITION NUMBER 2 (PRIOR TO ISSUANCE OF BUILDING PERMITS) OF CITY COUNCn. RESOLUTION NO. 4735, VESTING TENTATIVE TRACT MAP NO. 15797 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT) I THE CITY COUNCn. OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. Pursuant to the Subdivision Map Act, the Bixby Ranch Company has requested the deletion of Condition 2 (Prior to issuance of building permits) of City Council Resolution No. 4735, approving Vesting Tentative Tract Map 15797. Condition 2 requires that the construction of the residential portion of the Bixby Old Ranch Towne Center project ("the project") be deferred until after the commercial development has been constructed. Section 2. After a duly noticed public hearing on August 9, 2000, the Planning Commission has recommcnded the deletion of Condition 2, through the adoption of Planning Commission Resolution No. 00-31. The City Council held a properly noticed public hearing regarding the request on August 28, 2000. Section 3. Pursuant to the California Enviromnental Quality Act (CEQA) and the City's Local CEQA Guidelines, the City of Seal Beach ("the City") certified a Final Environmental Impact ("the EIR") for the project, including Tentative Tract Map No. 15797, by adopting City Council Resolution No. 4728. Resolution No. 4728 is hereby incorporated by this reference. The City has considered the request to delete Condition 2 and has reviewed the proposed amendment for compliance with the requirements of CEQA and the City's Guidelines and Enviromnental Procedures. The City Council finds that the proposed revision falls within the scope of the EIR in compliance with Public Resources Code Section 21166 of CEQA and Section 15162 of the CEQA Guidelines based upon, inter alia, the following: I (a) Substantial changes are not proposed in the project which will require revisions to the EIR. Indeed, no changes to the EIR are necessary. The Project Description of the project has not been changed by the proposed deletion of condition 2. The EIR fully analyzed the development of Development Area A for commercial development 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. Deferring residential construction was imposed as a condition to the Map by the City Council for reasons unrelated to enviromnental concerns and was not a mitigation measure to mitigate enviromnental impacts. The City hereby finds that the EIR and the Mitigation Monitoring Program prepared for the project adequately address the environmental effects of the proposed change. I (b) Substantial changes have not occurred with respect to the circumstances under which the project is being undertaken which will require revisions in the environmental impact report. The deletion of the condition neither constitutes changed circumstances nor will it result in changes in the circumstances surrounding the project per the certified EIR. (c) There is no new information, which was not known and could not havewbeen known at the time the environmental impact report was certified as complete. The environmental effects of the certified EIR and approved project have not been changed Resolution Number~ by the deletion of the condition. Moreover, deleting the condition would not result in new significant effects not previously identified. Section 4. Based on the information contained within the public record, including public testimony presented before the City Council on August 28, 2000, Planning Commission Resolution No. 00-31, and the Planning Commission Minutes and Staff Report of August 9, 2000, deletion of Condition 2 is appropriate for the following reasons: I CI No adverse impacts would be created if the condition is deleted. CI Adequate mitigation measures have been imposed by the City to ensure that each of the various project components of the Bixby Old Ranch Towne Center Development Project will not be detrimental to the environment. CI Elirnination of the condition may shorten the overall project construction period. Shortening the construction period may result in reduced short-term construction impacts. Section 5. Based upon the foregoing, the City Council hereby deletes Condition Number 2, Prior to Issuance of Building Permits, Resolution No. 4735, Vesting Tentative Tract Map No. 15797. PASSED, APPROVED AND ADOPTE~~~e City Council o}-l!1e City of fleal Beach at a meeting thereof held on the - day of ~/~L , 2000, by the following vote: AYES: Councilmembe NOES: Councilrnembers I ABSENT: Council members ABSTAIN: Councilmembers ~ t~df~ STATEOFCALlFORNlA COUN1Y OF ORANGE CITY OF SEAL BEACH } } } SS ~QIl. City I I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Nurnber ),76' ~ 3 on file in the office of the City Clerk, passed, approved, and adopted by the City Council ~~ City of Seal Beach, at r gular eting thereof held on the "" - day of ,2000.