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Home My WebLink AboutCC Res 4841 2000-09-25 I I I , RESOLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PARCEL MAP 2000-191 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. On Novcmber 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. Thcreafter, the Council adopted Resolution No. 4707, approving Tentative Tract Map 15797, on May 10, 1999. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. 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 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR, subject to and pending further Court order. . Section 2. Pursuant to 14 Calif. Code of Rcgs. ~ 15025(a) and ~~ II.C and III 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 Gencral Plan amendments, ineluding this amcndmcnt. 111C DEIR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliancc with the provisions of the California Environmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review pcriod, 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 Rcsolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact RepOlt (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and Novcmber 17, 1998, the City Council adopted City Council Resolution No. 4660, cCltifying 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 statemcnt of overriding considcrations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within thc scope of the project analyzed in the Final EIR, as reviscd, and City Council Resolution No.4728, re-certifying thc Final EIR and adopting a statement of overriding considerations, is hereby incorporated by this reference. Section 3. The City Council held another public hearing on August 23, 1999 to reconsider the Bixby Old Ranch Towne Center approvals pursuant to the August 3 writ issued by the Orange County Superior Court, and adopted Resolution No. 4735, approving Vesting Tentative Tract Map 15797, subject to conditions. Scction 4. The City Council hereby finds and determines: (a) At the time of approval by the City Council of V"ITM 15797, the parcel for City use was established as a 50' x130' parcel, indicated as Parcel 77 on the approved V"ITM. Since that approval, the size of the anticipated structure for the City police/community television facility has increascd over that set forth in the development agreement. (b) In order to accommodate the increased size of the structure and the necessary off-strcet parking areas, it is necessary to approve the requested parccl map to increase the size of the City parcel from 6,500 square feet to approximately 22,651 square feet. Resolution NUmber~~/ (c) Parcel Map 2000-191 will be approved with thc omission of signatures pursuant to Section 66436(a)3 of the Subdivision Map Act for certain easements within the boundary of this map, where those intercsts are stated on the parcel map, but are not shown on the parcel map. (d) In accordance with the provisions of Government Code ~ 66474.1, the determination to approve a final parcel map is a ministerial action and "A Icgislative body shall not deny approval of a final or parcel map if it has previously approved a tentative map for the I proposed subdivision and if it finds that the final or parcel nUlp is in substantial compliance with the previously approved tentative map". (e) In this case, Parccl Map 200-191 is in substantial compliance with the previously approved Vesting Tentative Tract Map No. 15797 for the Centex homcs development. The numbcr of residential lots and the configuration of those lots are not changed by the subject parcel map. The only change is to the configuration of the parcel. idcntified for future City utilization as the City police/community television facility. Scction 5. Applicant seeks to establish the following uses as part of the Bixby Old Ranch Towne Center Development Plan: (a) Parcel Map No. 2000-191 will create two parcels for the proposed rcsidcntial development and the City police/community television facility on Seal Beach Boulevard. Below is a sumrnary of the proposed lots for Parcel Map 2000-191: Parcel Number Prooosed Use Gross Area o Parcel 1 o Parccl 2 City police/community telcvision facility Residential Site (75 residential lots) 0.52 acres 15.13 acres TOTAL 15.65 acres I Scction 6. Based upon substantial evidcnce in the record, including the facts stated in ~ 4 and 5 of this rcsolution, and in the revised environmental documentation prepared in conjunction with this projcct, and pursuant to ~~ 28-2600 and 28-2602 of thc City's Code, the City Council hereby finds: (a) The Parcel Map is beneficial to the short term and long term land use goals of the City of Seal Beach; will promote the public hcalth, safety and welfare; and is in thc public interest. (b) The Map is consistent with applicable General Plan elements and the Bixby Old Ranch Towne Ccnter Devclopment Plan in that thc Map requires preservation of casements that are consistent with said plans. (c) The design of thc parcel map will not interferc with existing easemcnts, acquired by the public or utilitics that serve the public, becausc the parcel map will prescrvc and maintain those existing easemcnts. (d) The site is physically suitable for the proposed subdivision. (e) The dcsign of the subdivision is not likely to cause substantial environmcntaI damage as all mitigation measures contained in the Environmental Impact Report (EIR) to protect the environmcnt will be implementcd. I (f) Pursuant to Section 15168 of the CEQA Guidelincs, a revised EIR has been prepared and has bccn certificd by the City Council. This subdivision is within thc scope of the certified EIR, which adequatcly describes the general environmental setting of the project, its significant environmental impacts, and the alternatives, and mitigation measures related to each significant cnvironmental effect. No additional environmcntal documcntation is needed. Resolution Number #~/ (g) Parcel Map 2000-191 is in substantial compliance with previously approved Vesting Tentative Tract Map No. 15797. Section "1. Based upon the foregoing, the City Council of the City of Seal Beach does approve Tentative Parcel Map No. 2000-191, subject to the following conditions: I. Conditions of approval shall be those mitigation measures relating to the various land uses of the subject property, as determined by the City Council upon City Council approval of the "Mitigation Monitoring Program" for the Bixby Old Ranch Towne Center Development Plan Environmental Impact Report, and those conditions, fees, dedication requirements and other duties imposed pursuant to the Development Agreement between the City of Seal Beach and the Applicant. I 2. The City Engineer and City Clerk are instructed to execute Parcel Map 2000-191 upon final approval as to accuracy and compliance with all required Subdivision Map Act requirements by the County of Orange Public Facilities & Resources Department. PASSED, PPROVED AND ADOPTED by the City cou~~ the City of Seal Beach at a mectin ther f Id on thc ~ - day of , 2000, by the following votc: . AYES: Councilmembe NOES: Councihnembe ABSENT: Councilmembers I ABSTAIN: Councilmembers -jJW;;;,d') f!~ Mayor I A STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I I, Joanne M. Yeo,. City Clerk of Seal Beach, Califo~ lip hereby certify that the foregoing resolution is the original copy of Resolution Number 'J././ 0 file in the office of the City Clerk, passed, approved, and adopted b~e City Council of the (;;' of eal h, at a regular ~g thcrcof held on the c::2. ~ day of ~ , 2000. i J;~I>>;( ~ ~ City Clerk