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Home My WebLink AboutCC Res 4666 1998-11-23 RE$OLUTION NO. ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE NOISE ELEMENT OF THE GENERAL PLAN (NOISE ELEMENT AMENDMENT 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) I THE CITY COUNCn.. OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Bixby Ranch Company ("Applicant") has submitted applications for general plan amendments, zone changes, parcel 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. The Applicant seeks amendments to the General Plan to allow the implementation of the proposed Bixby Old Ranch Towne Center Plan, dated August 1997. To achieve consistency between zoning restrictions set forth in the Bixby Old Ranch Towne Center Development Plan and the General Plan, certain elements of the General Plan, including the Noise FJement, are proposed to be amended. Section 2. Pursuant to 14 Calif. Code of Regs. I I5025(a) and II D.C and ill of the City's LocaI CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEIR), to study the environmental impacts arising from the I 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 IS, 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. 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. Section 4. On November 9 and November 17, 1998, the City Council conducted a public hearing to consider the Planning Commission's recommendation. The City Council received into evidence the following reports and minutes: the Planning 1 Commission Staff Report dated September 9, 1998, and a Memorandum re: Transmittal of Environmental Quality Control Board Documents Received re: Final EIR Review - Bixby Old Ranch Towne Center FEIR, also dated September 9, 1998, all attachments thereto, and the Minutes of the September 9, 1998 Planning Commission Meeting; Planning Commission Supplemental Staff Report and Planning Commission Supplemental Staff Report # 2, both dated October 21, 1998, all attachments thereto, and the Minutes of the October 21, 1998 Planning Commission Meeting; Planning Commission Resolution 98- 37, recommending certification of the EIR for the Bixby Old Ranch Towne Center Development Project; and Planning Commission Resolution 97-38, recommending denial - Resolution Number~~~ I of General Plan Amendment 98-1 regarding the Bixby Old Ranch Towne Center Development Plan, and the draft Planning Commission Minutes of November 4, 1998; the Environmental Quality Control Board Staff Report of Augu~t 26, 1998 with all attachments and Minutes; Memorandum to Environmental Quality Control Board re: Communications to Include Within the Administrative Record, dated September 2, 1998, including all attachments; copies of handouts and overheads of the September 2 EQCB meeting and Minutes of the September 2, 1998 EQCB Meeting; Memorandum to the EQCB re: Transmittal of Archaeological Advisory Committee Recommendations, dated September 3, 1998, supplemental information received at the September 8 EQCB Meeting, and the Minutes of the Environmental Quality Control Board of September 8, 1998: EQCB Resolution No. 98-1, recommending the adequacy of the EIR, with modifications, to the Planning Commission/City Council, adopted on September 30, 1998, and the Environmental Quality Control Board Minutes of September 30, 1998; and, the Archaeological Advisory Committee Staff Report and Minutes of September 2, 1998, and Resolutions 98-1 and 98-2, adopted on September 2, 1998. The City Council also considered all public testimony and written information presented. The record of the hearings indicates the following: (a) Noise information for the Los AIamitos Armed Forces Reserve Center has been updated since the Noise Element was last revised, and that updated information is proposed to be provided within the Noise Element as appropriate. Section 5. Based upon substantial evidence in the record of the hearing, including the facts stated in fi 4 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to fiG 28-2600 and 28-2602 of the City's Code, the City Council hereby fmds: I (a) The proposed General Plan Amendments and Development Plan, as revised by the City Council, will provide a less intensive use than is presently allowed under current General Plan regulations, assuming maximum development. The proposed uses will generate additional noise, but less than considered significant, subject to the imposition of the mitigation measures forth in the EIR. (b) The proposed Bixby Old Ranch Towne Center Development Plan, and the necessary General Plan Amendments, as revised by the City Council: are beneficial to the short term and long term land use goals of the City of Seal Beach; promote the public health, safety and welfare; and are in the public interest. (c) Pursuant to Section 15168 of the CEQA Guidelines, an EIR has been prepared and has been certified by the City Council. This amendment is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant impacts, and the alternatives, 'and mitigation measures related to each significant environmental effect. No additional environmental documentation is- needed. Section 6. amended as follows: Based on the foregoing, the Noise Element is hereby I I. Page 12 of the Noise Element, Measurement Data, the third paragraph, is revised to read as follows: "The NAB Los Alamitos Anned Forces Reserve Center noise contour map represents contours 8e'.e1epel1 Incorporated by the California National Guard in the "Air Installation Compatible Use Zone (AICUZ) Study, Anned Forces Reserve Center, Los AIamitos Anny Airfield, Los AIamitos, Orange County, California", dated June 1, 1994, and the Orange County Airport Land Use Commission Airport Environs Land Use Plan (AELUP), based on he1ieepter epePMieft em Resolution Number t/t,J,/, pfe"/ioed a report prepared by the U. S. Army Environmental Hygiene Agency In 1987, titled "Noise Contours for Current Operations at Los Alamitos Army Airfield, Armed Forces Reserve Center, Los Alamitos, CaUfornia", Environmental Noise Assessment No. 52-34- 0424-88, dated 1987." 2. Page 16 of the Noise Element, Estimates ~f Future Noise Environment, Airport Noise, is revised to read as follows:. "The present CNEL contours associated with NA8 Los AIamitos Armed Forces Reserve Center were developed on the basis of 149,009 55,000 helieepter operations per year, approximately 97% of which are helicopter operations. This volume is much greater than the present level of operations, whIch In 1996 was approximately 43,700 operations. At present there are no plans have been submitted to restore fixed wing jet aircraft activity. lB faet, the military is reme.At1g Bl.1 epeflltienBl. BIll! tfIIilling ael:ivil:ies far jet airerttft f1!J.'ay (rem majer timan area;! ill CB:lifefftia and e6neeRtnttiRg tI1efR in outlying aret\3 3t1eh as NAil FBl.lell 8110 Lemeere. Thus, the contours for NA8 Los Alamitos Armed Forces Reserve Center in this element are in reality much closer to the airfield noise contours and flight paths th811 she,/II Indicated In the 1994 AICUZ Study BIll! -.viR meat Iikel) remain that way fer seme ftftte. " I 3. The Naval Air Station Los Alamitos noise contour map is replaced with Figure 6.2-1, Existing Noise Contours, page 23 of "Air InstaJlation Compatible Use Zone (AICUZ) Study, Armed Forces Reserve Center, Los Alamitos Army Airfield, Los Alamitos, Orange County, California", dated June I, 1994, prepared by the California National Guard. I Staff is hereby directed to revise the Noise Element accordingly. PASSED, APPROVED AND ADOPfED by the~ Council of the City of Seal Beach ~eeting thw~on the 8,{/fL day of WA~"u , 1998, by the following vote: . AYES: Councilmem NOES: CounciImembers ABSENT: ~~~ George rown Mayor I Resolution Number ~~'" STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } ss I I, Joanne M. Yea, City Clerk of Seal Beach, California, do ~ certify that the foregoing resolution is the original copy of Resolution Number t, on file in the office of the City Clerk, passed, approved, and adopted by the ~~ounciI of the City of h, at a regular meeting thereof held "on the "'"' day of , 1998. I I