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Home My WebLink AboutCC Res 4668 1998-11-23 RESOLUTION NUMBER ~Il A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE TRACf MAP NO. 15767 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section I. 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. Section 2. Pursuant to 14 Calif. Code of Regs. G I5025(a) and GG II.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. I 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 COl1\mission 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, and did not therefore make a recommendation to the City Council regarding Tentative Tract Map No. 15767. 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 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, 1 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 of General Plan Amendment 98- I 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 August 26, 1998 with all Resolution Number "/h6B 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. I Section 5. Tentative Tract Map No. 15767 will create the proposed 25- acre .retaiI-commercial" site and further parce1ize the .retail-commercial" site into 8 . commercial parcels, with reciprocal access easements for all these parcels. A summary of the proposed parcels is provided below: ParceI Number Proposed Use Gross Area Landscape Setback Area lJ Lot 1 .Commercial Retail" site I 1. 768 acres lJ Lot 2 .Commercial-RetaiI" Site 4.065 acres lJ Lot 3 .Commercial-Retail" Site 4.857 acres lJ Lot 4 .Commercial-Retail" Site 0.783 acres lJ LotS .Commercial-Retail" Site 0.524 acres I lJ Lot 6 .Commercial-RetaiI" Site I.I 72 acres lJ Lot 7 .Commercial-Retail" Site 1.216 acres lJ Lot 8 .Commercial-Retail" Site 1.527 acres TOTAL 25.912 acres o.ern acres 0.028 acres 0.075 acres O. 12 I acres 0.081 acres 0.176 acres 0.183 acres 0.171 acres 0.912 acres (a) This proposed parcelization results in a total of 25.000 acres of useabIe property for the proposed .retail -commercial" parcels. (b) This tract map provides 0.912 acres of landscaped easement area along Seal Beach Boulevard to the City of Seal Beach across the entire frontage of the .commercial-retaiI" parcels, with that landscaPed easement area being a total of 40 feet in width, including a reserved area 3O-feet wide for landscaping and pedestrian walkways. The purpose of this landscaped easement area is to provide protection for as many of the existing eucalyptus tree row along Seal Beach Boulevard as possible, provide screening of the proposed deveIopments and allow for off-road bicycle paths, in addition to pedestrian walkways. Section 6. Based upon substantial evidence in the record of the hearing, including the facts stated in fi 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to fifi 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: I (a) The proposed Tentative Tract Map is beneficial to the short term and long term land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest. (b) Tentative Tract Map 15767 is consistent with the General Plan, as amended, and the Bixby Old Ranch Towne Center Development Plan, as amended by the City Council, in that the map would allow the construction of retail-commercial Resolution NUmber~~~ uses in accordance with the approved General Plan and Zoning Map amendments approved by the City Council relating to the subject developm~t proposal. (c) The site is physically suitable for the proposed, type of development, as conditioned by the appropriate General Plan Amendments and. Zone Change approvals, subject to compliance with all appropriate mitigation measures as set forth in the "Bixby Old Ranch Towne Center Development Plan EIR". , (d) The site is physically suitable for the proposed density of I development, and generalIy conforms to the development standards as established through Zone Change 98- I. (e) The design of the subdivision is not likely to cause substantial environmental damage because all mitigation measures contained in the EIR done for this project have been incorporated as conditions of approval and will. be implemented. (f) The design of the subdivision is not likely to cause serious public health problems because all necessary utilities and services are available to serve the project. (g) The design of the subdivision will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision because all easements will be adequately preserved, maintained and/or abandoned with new easements created. (h) The discharge of water from the subdivision into the existing community sewer system will not violate existing requirements prescribed by the local regional water quality control board. (i) Pursuant to Section 15168 of the CEQA Guidelines, an EIR has '1 been prepared and has been certified by the City Council. This subdivision is within the scope of the certified E1R, which aaequately describes the general environmental setting of the project, its significant environmental impacts, and the alternatives, and mitigation measures related to each significant environmental effect. No additional environmental documentation is needed. Section 7. Based upon the foregoing, Tentative Tract Map 15767, dated November 17, 1998 is hereby approved, subject to the attached conditions shown as "Exhibit A", which is incorporated herein by reference. PASSED, AP~ROVED AND ADOPTED by the ~Cil of the City of Seal Beach ~eeting th~f held on the day of i)~bJ 1""" ' 1998, by the following vote: AYES: Councilmemb ~ I NOES: ABSENT: A ~Ji~ Geo~rown ' Mayor Resolution Numbe~&;~ I STATE OF CALII:9RNIA COUNfY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yea, City Clerk of Seal Beach, California, do ~l certify that the foregoing resolution is the original copy of Resolution Number A on file in the office of the City Clerk, passed, approved, and adopted by the ~ Council of the City ~h, ~reguIar meeting thereof held on the 'tS.t,L\ day of ~~J ,./"' , 1998. k "EXIllBIT A" 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 .. .. I