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Home My WebLink AboutCC Res 4726 1999-08-16 RESOLUTION NO.~:l/a A RESOLUTION OF TIlE CITY COUNCIL OF THE CITY OF SEAL BEACH SETTING ASIDE, VACATING AND VOIDING CERTAIN ACTIONS PURSUANT TO THE AUGUST 3, 1999 WRIT ISSUED BY THE ORANGE COUNTY SUPERIOR COURT REGARDING THE BIXBY OLD RANCH TOWNE CENfER DEVELOPMENT PLAN ' .' I THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. On November 23, 1998, the City Council for the City of Seal Beach adopted Resolution No. 4660, certifYing an Environmental Impact Report (EIR) for the Bixby Old Ranch Towne Center Development Plan. Subsequent to such certification, the City adopted certain ordinances and resolutions and issued permits in reliance upon such EIR. Section 2. The City of Los Alamitos, the Rossmoor Homeowners Association and Century National Properties, Inc. filed a petition for writ of mandate challenging the City's action certifying tl1e EIR. Section 3. On June t8, 1999, the Superior Court for the County of Orange, Honorable William F. McDonald issued a minute order finding: (a) The EIR does not analyze impacts associated with increasing the size I of the commercial project on Area "A" above the 286,967 square foot project identified in the project description. (b) The EIR does not analyze impacts on schools arising from 75 single family homes. (c) TIle EIR docs not address whether revitalization of the Rossmoor Business Center, alone, instead of expansion, is reasonably foreseeable or speculative impact and thus the writ is granted to determine if anticipated revitalization of the Rossmoor Center is a speculative or reasonably foreseeable impact, and if the latter, whether it is significant and must be addressed in the EIR. (d) The writ is granted as to inadequate consideration and participation with the City of Los A1amitos regarding mitigation measures with respect to the Los Alamitos/Katella and D100mfieldlKatella intersections. (e) The finding that the increased lighting caused by a 286,967 square foot commercial development is not a significant cumulative impact should be supported by additional evidence and analysis, and or addressed by mitigation measures, alternatives, or a Statement of Overriding Considerations. Section 4. On August 3, 1999, the Court issued its writ compelling the City to I "set aside, vacate and void each of the following actions: (a) Resolution No. 4660 (b) The Notice of Determination issued on November 24, 1998; and (c) Any and all actions of any body of the City of Seal Beach, including but not limited to, the Seal Beach Planning Commission, that rely in whole or in part on the Bixby Ranch EIR." I I I Resolution NUmber~~~ Section S. Based on the foregoing, and pursuant to the August 3, 1999 writ, the City Council hereby sets aside, vacates and voids each of the following actions, subject to and pending further order from the court: (a) Resolution No. 4660 (b) The Notice of Determination issued on November 24, 1998; and (c) Any and all actions of any body ofthe City of Seal Beach, including but not limited to, the Seal Beach Planning Commission, that rely in whole or in part on the Bixby Ranch EIR. . PASSED, APPROVED AND ADOPTED by the City C7tltthe City of Seal Beach at a - ~~ ... "" ""' of , 1999, by the following vote: AYES: :at:-' Councilmembe NOES: ABSENT: 'b!f STATE OF CALIFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M Yea, City Clerk of Seal Beach, CaIi~ilJ, ~ hereby certifY that the foregoing resolution is the original copy of Resolution Number 1..e on file in the office of the City Clerk, passed, approved, and adopted by ~ Cjty Council of th It of Seal ach, at a regular meeting thereof held on the .% ~ day of 1999. Resolution 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 county afore- said; I am over the age of eighteen years, and nol a party 10 or inter- ested in the above-entitled mailer. I am the principal clerk of the printer of the SEAL BEACH SUN, a newspaper 01 general circulation, printed and published weekly in the Oity of Seal Beach, County of ;::prange and which newspaper has fbeen adjudged a newspaper of general circulalion by the Superior Court of the County of Orange, Slate of California, under the date of 2/21)/75. Case Number A82583; that Ihe notice 01 which the annexed is a printed copy (set in type not smaller Ihan 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: .~; c.J S'q- all in the year 1999 Ic-z.. I certify (or declare) under penalty of perjury that the foregoing is true and corr'ect Dated at Seal Beach, CA. this ~ day of Nc:,J J.,--, 1999. ~ A--- , Signature PUBLICATION PROCESSED ~Y: THE SUN NEWSPAPERS 216 Main Streel Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 This space is for the County Clerk's Filing Slamp I Proof of Publicalion of NOTICE OF PUBUC HEARING - l Condlllonal Use Permit 98-15 - - Mamott senIOr care facility NOncE IS HEREBY GIVEN thetl" M Eucalyptus Tree Permit 99.' _ eccord.nce wHh the August 3, .991 Removal of eucatvotUB trees 'NI1.h. WrIt 01 Mende.. I.sued by the In Areas -A- and .b- (commmclBI Onlnge County Superior Court. thl deveJopmenl areas) City Council o' the CI~ of 5..1 I N V 511 Be.ch will hold. public hurln, on . e rI9 TenlBllve Tracl Map No Monday, Augu1123. 1991.t:00 15797 - 75.lot resrdentlBlsubdl_ p.m. In the City Council Chsmbers, vision 211 EIghlh Slreet,Ss.1 Buch.CBI- 0 CondllIOn8lUsePerrml99-5_on.' Ifomls to: g:mlse alcohol sale. al Sav.On 1 ConSIder ReviSlOnllo the BIxby Old A Ranch Towne Center Final EIR Project Overview: The proposed (SCH 97091077) - Certrlk:alron of mlxed.use protect consists of com. I:IR by CIIy CounCil, Adoption 01 merclal. reSIdentIal, recreallonal,. Statement Of Overriding Conskler. t InstitutIOnal. and open space uses atlons and as previously approved by the City . 1 CoUncil In November 1998. and as 2. Reconsider. descnbed '" Ihe R8VIS8d EIR under A General Plan Amendment 98-1 - . ~eratlOn as part 01 this public AmendmentS to various elements:' hearrng The ErR approval was 01 the GenenII PIIw1 k>> maln1a1n con- . challenged by saveral parties and S1stency betWeen Ihe General Plan-1 the City "as been Instructed by the d the N'n\Hlld p...lect Courito set BSIde. vacate. and VOId an ap,..-.- '''I Resolutron No 4660 approved on 1 Land Use Element Amendment November 23, 1998, certifying the 2 Open Space/ConSBI. Fmal EIR lor Ihe P1D1ect, the NObce Y8l10~ecreallOn Elemenl of Delermlnatlf:~n fried on Novem. 3 Blcyc:le Route Element ber 24, 1998. and any and all 4 HoUSIng element acllons of any body Ihat rely In I 5 Clrculallon Element whole OJ In pari on the BIXby Ranch 6 No!se element EIR, including the Seal BeaCh Plan. 8 ZoneChenge98-1-Ame.O,III11s n1ngCommlsslon. to Zoning Map to marntarn conm. The alte Is approxllTl8l8ly 218 acrn _ _... Zoning Map BJ1d ,n _ Tho malor profBCl compo- the General Plan nents are 38 follows' (1) 286,967 1 Tennis Club Site _ General square fool retail shoppmg center . Commerdal (C-2)to Public (Developmenl Area -A-), (2) 104 Land Use fElli' room hotel. 15.000 square feel 01 . _" .... restaurants. 160.bed senior USlst. 2. Development Areas A I and 8 - ed IMIlg faCility. 5 acres greenbeK - General Commercial (C-2) (Developmenl Area "81, (3) 157- and Recreatton.GoII (A-G) 10 acre reconflgured prlvale golf General CommerclallC.2) course and a pnvale/publlc drivr!1S 3. Development Al'ea "C - Gen- rang. (Development Area "C;. (4) eral Comm8lcaal fC'~ and 75-Ji:J1 delached reSIdential subdlvr. Recrealron-Golt (A.G to lion and 2 5 acre community park Recreation Golf (R.G (Developmenl Area -D-)' and (5) 4. Development Area - -. Gen.... dedication of eXlslmg 6 ')'35 Bixby al Commercial (C-2) and Old Ranch Tenms Cfub SIte to City Recreatron.GoIf (A-G) to ReBi. (Development Area "E1. donllaJ Mod,,,", Oon8ily (RMD) C T . p--' ".- No 91 \65 Code Sections: Section 28-2600 . enlalMI -.........1&1" - _ Zone Changes - parcUzdon of 13 67-acre com. Section 28.2503.2504 _ Condl. mercia! Slle Ilona! Use Permits o TenlahVaTracl Map No 15767- Section 28-1803-Planned Sign parceltzatlon of 26 045-acre com- Program merclal shopptng center Section 28.2317(4) _ Height E Development Agreemenl- Spec- Venations Illes dutieS aner responslbllllles of Section 28-2'751-2770 _ DcNeI- CIIy and Bixby Ranch Company 10 opmenl Agreements ensure pn:lIed complellon and corn- . pIIance -lNdh all mdigabOn measures Sed"?n 7D-4 - Eucalyptus Tree and conditions Permfls ChBpter 21 - SubdIViSIOnS F. Sde Plan Review 98-1 - SIte plan reView lor 2B.045-ecre shopping Applles"l: BIXby Ranch Company cenler developmenl KItchen Development Compan)' G Conditional U,. Permft 98-16 _ Mamoll Senior LMng SeMCBS drtve-through WIndow and 24-hour Owner: Bixby Ranch Company operahOn lOr proposed drug store Kitchell DeVelopment COmpany wdhtn 26 Q45-aCfe shopping cen- Marrloll Senior LMng ServICes I ter Ai the above time and place all Inter- H Condlllonal Use Permit 98-17 - elted persons may be heard II so horne center and auldoor garden deSIred If you challenge thel?fOP.Osed center Bettons In courI. you may be IIl1'1lted to fBIl11lg onty 1hose Issues ~u or some. I. SIte Plan RevIew 98-2 - freeway one else raised 8tthe public heanng IdentifieallOtl sign described In thiS nobce, or In wrltl8n J HelQhl Variation 98-5 _ archdec- correspondence delivered to the City , . turaT features aboY8 35.foot height of Seat Beach ai, or p'1or to, the put). ! limn. . Ac hoanng. K. Planned Sign Program 98.1 _ DATEDThls9lhdayolAugu~,1ggg overall shopPing cenler sign pro- Joanne M..Yeo, CIty 08r'(, :: gram r PublIShed I'; the!il!ll Bnch SUn 'JoUr- nBl._ /r"J,."t!I"