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Home My WebLink AboutCC Res 4733 1999-08-23 RESOLUTION NUMBER ~ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATNE PARCEL MAP NO. 97-165 (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. 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 this map. On November 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. Thereafter, the Council adopted Resolution No. 4667, approving Tentative Parcel Map 97-165 as more particularly set forth in Section 7, below. 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 ElR, subject to and pending further Court order. Section 2. Pursuant to 14 Calif. Code of Regs. fi 15025(a) and fifi n.c and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Fnvironmental 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 Fnvironmental Quality Act (CEQA) and the City's Local CEQA Guidelines. Upon completion of the public review period, a Final Fnvironmental 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 (ElR) 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 ElR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the ElR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No.4728 is hereby incorporated by this reference. I Section 3. The City Council held properly noticed public hearings regarding Resolution No. 4667 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting this Resolution pursuant to the August 3 writ issued by the Orange County Superior Court I Section 4. Applicant seeks to establish the following uses as part of the Bixby Old Ranch Towne Center Development Plan: Resolution Number4133 (a) Tentative Parcel Map No. 97-165 will create four parcels for the proposed Brighton Gardens Senior Care Facility, hotel, site and two restaurant sites at the southeast comer of Seal Beach Boulevard and Lampson A venue. Below is a summary of the proposed lots for Parcel Map 97-165: Parcel Number Setback Proposed Use Gross Area Landscape Area I lJ Lot 1 lJ Lot 2 lJ Lot 3 lJ Lot 4 lJ Restaurant Site Restaurant Site Hotel Site Brighton Gardens Site Dedication Area to City TOTAL 3.004 acres 1. 768 acres 2.925 acres 5.383 acres 0.487 acres 13.567 acres 1.816 acres 0.281 acres 0.925 acres 1.491 acres 0.487 acres 5.000 acres (b) This parcel map provides 5 acres of landscaped easements to the City of Seal Beach around the overall site perimeter, with those landscaped easement areas varying in width from 48 to 60 teet along the north-bound 1-405 Freeway/Seal Beach Boulevard off-ramp, 69 feet along Seal Beach Boulevard between the off-ramp and Lampson Avenue, and 50 to 129 feet along Lampson Avenue. The purpose of these landscaped easement areas is provide visual screening of the proposed developments and allow for off-road bicycle paths, in addition to pedestrian walkways and roadway and future on/off ramp provisions. Section 5. Based upon substantial evidence in the record of the hearing, including the facts stated in ~ 4 of this resolution, and in the revised environmental documentation prepared in conjunction with this project, and pursuant to ~~ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: I (a) The Tentative Parcel 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) The Map is consistent with applicable General Plan elements and the Bixby Old Ranch Towne Center Development Plan in that the Map requires dedications that are consistent with said plans. (c) The design of the parcel map will not interfere with existing easements, acquired by the public or utilities that serve the public, because the parcel map will preserve and maintain existing easements. (d) The site is physically suitable for the proposed subdivision. (e) The design of the subdivision is not likely to cause substantial environmental damage as all mitigation measures contained in the Environmental Impact Report (EIR) to protect the environment will be implemented. I (f) Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council. This subdivision is within the scope of the certified EIR, which adequately 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 6. Based upon the foregoing, the City Council of the City of Seal Beach does approve Tentative Parcel Map No. 97-165, subject to the following conditions: Resolution Number~ 2. 1. 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. Prior to Final Map approval, the final configuration of Lots 1 through 4 and the dedication area shall be shown on the proposed Final Map. Minor changes in the size and configuration of Lots 1 through 4 and the dedication area will not require an amendment to this tentative parcel map. I PASSED, APPROVED AND ADOPTED by the City Coun,il of the City of Seal ""'" "~ "r" hdd 00 !he ;;23 if.L my of ILA , 1999, by the following vote: AYES: Councilmemb NOES: ABSENT: r I Mayor STATE OF CAliFORNIA COUNTY OF ORANGE CITY OF SEAL BEACH } } } SS I, Joanne M. Yea, City Clerk of Seal Beach, California, do 7:/Jy. certify that the foregoing resolution is the original copy of Resolution Number '7 ~!3 on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the Oly of ~. "':p"'" """"'" _hdd 00 !he 0( dAd. day of 1-'<2, 1999. I PROOF OF PUBLICATION (2015 5 C.C.P.) STATE OF CALIFORNIA, County of Orange I -J am a citizen of the United States and a resident of the county afore- said; I am over the age of eighteen years, and not a party to or inter- ested in the above-entitled mailer. I am the principal clerk of the printer of the SEAL BEACH SUN, a newsp?per of general circulation, printed and published weekly in the Gity of Seal Beach, County qf ;:,.Orange and which newspaper has ;'been adjudged a newspaper of general circulation by the Superior Court of the County of Orange, State of California, under the dale of 2/24/75. Case Number A82583; that the notice of which the annexed is a printed copy (set in type not smaller than 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: I .~;u,("r 1<"2- all in the year 1999. I cerllfy (or declare) under penally of perjury that the foregoing IS true and COI rect Dated at Seal Beach, CA, thls~dayof NG...JJ''-,1999. A~ , ~ I Signature PUBLICATION PROCESSED I:3Y: THE SUN NEWSPAPERS 216 Main Street Seal Beach, CA 90740 (562) 430-7555 . (949) 759-7726 Resolution Number~;r~ This space is for the County Clerk's Filing Stamp Proof of Publication of NOTICE OF PUBUC HEARING - L Cond,lIonal Use Perm1198-15 _ . Mamott l8n1or care facility NonCE IS HEREBY GIVEN th8t In M Eucalyptus Tree Permit 99., _ accordance with thl August 3. 1988 Removal of euca/ypfus trees with. Writ 01 Manda't I..ued by the In Areas -A- and "S. (commerclBl Orange COUnty Su.-rlor Cou'\. the development areas) City Council of the City 01 5..1 . N Beach will hold. public h.artn, on . Vesting rentatlve Tract Map No Mondey, AUJJu1123. Iggg at '00 15797 - 75-'01 residential lubdl- p.m. In the City Council Chambers, VISion 211 Eighth Street" S..I Beach., c."" 0 CondIbonar u. Perm1199-S _ Off. . Ilornls to: bern'58 alcohol sales at SaY-On 1 ConsIder A~ to Ihe Bocby Old ruq Ranch Towne Cenl., Final EIR ProJect Overview: The proposed (SCH 97091077) - CertJficatJon of mxed-use project conSISts of com- EIA by City CounCil; Adopllon of merclal, reSidential, recreahonal.~ S1atemen1 of Ovemdl19 ConIlder. t InsblUllonal, and open ~ace uses Bllons and as pr8VIously approved the City . f Council In November 1 . and as 2. ReconSIder. descnbed In the Aevrsed EIA under A aeneral Plan Amendment 98-1 _ . conslClerBlIOn as part of this pubhc Amendments to various &temenls:' hearing The EtA approval was of the General Aan to meinlatn con- challenged by several parties and S1stencv between the General Plan -I the City has been InstnJcIed by the and the approved project Court to set aSIde, vacate, and void Aesolubon No. 4660 approved on 1 Land Use EIemenI Amendment November 23, 1998, certlfyr~= 2 Open SpaceJConser- Final EIR fat the prqect; the vatlonlRecreatton Element 01 DelermlnaMn flied on Novem- 3 BIC)'CIe Routs Element ber 24, 1998, and any and all 4. HOUSing Element actions 01 any body thai rely In 5 CirculatIOn EJement whole or n part on the Bixby Ranch B Noise Element EIA, IrdJdlng the Seal Beach Plan- B Zore ChanAe 98-1 -AmendmenIs nlng CommlsslOfl to Zoning ~ap to maintain canst8- The siIe Is apprmllrnBl8fy 218 acres tency _Ihe Zonmg Map and In IIZO Tha major projacl oompo- the General Plan' nents are as follows' (1) 286,967 CI S. Ganoral square loot rerall shoDpttlg center 1. TenniS Ub 118 - (Oevelopmenl Area '""-), (2) 104 ~u::MVn2) to PublIc room holel, 15,000 square leal of - . _ _ . resIBUranls, 1 eo-bed senior assist- 2 Development Areas -A BIld B - ed living facility, 5 acres greenbelt - General Convnerd~Co2} (Devekipmenl Area -Bi, (3) 157- and Recreallon-Golf fA to acre reconflgured prfvate golt General Commerc&al course and a prlvale/publlc drlVfng 3. DovaIopm... Area"C - Gan. ranga (DoYoIopmonl Area -c1: (4) araJ Commo_ (C~ and 70.lOIdotachad __ ...bel"", Aecreahon-GolI A-G 10 &iOn and 2.5 acre community _bon Golf m. (Davalopmanl Aria "D"), an~ 4. Development Area - . - Gener- dedlC8llon of eXIBtrng 6 '35 Bixby 81 Commercial (Co2) and 0Jd Ranch Tenms Cfub site to City . Recreabon-Golf (A-G). to Rest- (08Y8Io~menl Area -E"). . dential Medium OIInsfly CAMD) Cod. Sections: Section 28-2600 C TentatlY8 PIII'C8I Map No 97-185 -Zone Changes - pan:eIzabon of 13.67.acre com- Section 28-2503-2504 _ Condl- rnerdallde bona! Use Permlls D. TentallV8 Tracl Map No 15767- Section 28-1803-Planned SIgn parcellzation of 26 D45-acre com- Program mercia! shopping center Section 28-2317(4) _ Helghl E Development Aareemenl- Spec.. Variations llies duties ana responSlblUtles of Secllon 28-2751-2no _ DeveJ. City and BIXby Aanch Company to oprnent Agreemsnts ansunJ""" oompIaUon '"'" oom- pItanc8 WIth "" mIIgaItOn measures Sedlon 70-4 - Eucalyplus Tree and conditions Permlfs F. 51te Plan AevfeW' 98-1 _ Sde plan Chapter 21 - SubdIVisions review tor 2B.045-acre shopping Applicant: Btxby Aanch Company center development Kttchell Development Company Marrtott Senior LMng SeNlc..'- a. Conditional Use Permit 98-16 - dl'lve-lhrouah wndow and 24-hour Owner: BIxby Ranch Company operatton fOr proposed drug store Khchen Development Company wdhln 2B 045-acre shopping cen- Mamon SenIOr LMng SeMCeS t81 . Ai the Bbove time and place an Inter- H Condltionlll Use Permit 98-17 - ested persons may be heard II so . home center and ourdoor garden desired If you challenge 0. DroDOSed center acItons II courr, ~ may be llmiled to nusinA onty thos8 Issues you 01 SOIT'I8- I. SIte PIIIn .Revlew 98-2 - fre8W'ay one else raleed al the publIC heanng lCIenllllcalion sign described In this notice, or In written J Hlrghl Variation 98-5 _ archaec- correspondence deltv8red to the City . ..... _a..... 36-1o?i halghl of Baal Beach aI, or prfor 10. tho p..... I Ilmll lie heanng. -K. Planned Sign Program 98-1 _ DATED thIS 9th day of August. 1999 overd shopping center Bign pro- Joanne M. Yea, CIty C1lri' ,-' gram . I Publihiclln the &tal Semi ~ 'Jour- naI._ T'/~. 99-