HomeMy WebLinkAboutCC Res 4734 1999-08-23
RESOLUTION NUMBER ~if
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
TRACT MAP NO. 15767 (BIXBY OLD RANCH
TOWNE CENTER DEVELOPMENT PLAN)
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE AND RESOLVE:
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Section 1. After a duly noticed public hearing he 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. 4668, approving Tentative Tract Map No.
15767 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 aI. 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 Regs. ~ 15025(a) and ~~ n.c and ill I
of the City's Loca1 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 Loca1 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. On August 23, 1999, the City Council conducted a public
hearing to consider revisions to the EIR 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.
Section 3. The City Council held properly noticed public hearings regarding I
this map on November 9 and November 17, 1998. The City Council held another public
hearing on August 23, 1999 to reconsider approving this map pursuant to the August 3
writ issued by the Orange County Superior Court
Section 4. Tract Map No.15767 creates the proposed 26.045-acre "retail-
commercial" site and further parcelize 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:
Resolution Number4fM
Parcel Number Proposed Use Gross Area Landscape
Setback
Area
lJ Lot 1 "Commercial Retail" site 11.984 acres 0.113 acres
lJ Lot 2 "Commercial-Retail" Site 3.905 acres 0.037 acres
lJ Lot 3 "Commercial-Retail" Site 4.959 acres 0.100 acres
lJ Lot 4 "Commercial-Retail" Site 0.764 acres 0.157 acres
I lJ Lot 5 "Commercial-Retail" Site 0.524 acres 0.108 acres
lJ Lot 6 "Commercial-Retail" Site 1.126 acres 0.226 acres
lJ Lot 7 "Commercial-Retail" Site 1.216 acres 0.244 acres
lJ Lot 8 "Commercial-Retail" Site 1.567 acres 0.216 acres
TOTAL 26.045 acres 1.201 acres
(a) This proposed parceli:zation results in a total of 24.844 acres of
useable property for the proposed "retail -commercial" parcels.
(b) This tract map provides 1.201 acres of landscaped easement area
along Seal Beach Boulevard to the City of Seal Beach across the entire frontage of the
"commercial-retail" parcels, with that landscaped easement area being a total of 40 feet in
width, including a reserved area 3Q-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 developments and allow for off-road bicycle paths, in addition to pedestrian
walkways.
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Section 5. Based upon substantial evidence in the record of the hearing,
including the facts stated in ~4 of this resolution, and in the environmental
documentation prepared in conjunction with this project, and pursuant to n 28-2600
and 28-2602 of the City's Code, the City Council hereby finds:
(a) The 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) Tract Map 15767 is consistent with the General Plan, as
amended, and the Bixby Old Ranch Towne Center Development Plan in that the map
would allow the construction of retail-commercial uses in accordance with the approved
General Plan and Zoning Map amendments approved by the City Council relating to the
subject development. '
(c) The site is physically suitable for the 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".
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(d) The site is physically suitable for the proposed density of
development, and generally conforms 10 the development standards as established
through Zone Change 98-1.
(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.
Resolution Number 41:11
(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, a revised EIR I
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, Tract Map 15767, is hereby approved,
subject to the attached conditions shown as "Exhibit A" , which is incorporated herein by
reference.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal
Beach at a ~ thereo~ on the ~E1id ~ day of
~~A , 1999, by the following vote:
AYES:
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Councilmemb
NOES:
Councilmembers
ABSENT:
y
Mayor
if:
STATE OF CALIFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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SS
I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Number 4'7134 on file in
the office of the City Clerk, passed, approved, and adopted by the City Council of the I
City of ~, at a regular meeting thereof held on the ..:2;1",- ,,/ . day
of ~ ,1999.
~wJ)l t
. Clerk
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Resolution Number~;1~~
"EXIllBIT A"
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 Revised
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.
* * * *
Resolution Number~.1~
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 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
newspaper of general circulation,
printed and published weekly in the
Gily of Seal Beach, County of
;:,.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 date 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"
kli(.;u~r
all in the year 1999
1<"2-
I certify (or declare) under penalty of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this~dayof ruG...JJ'-, 1999.
A~
,
~
Signature
PUBLICATION PROCESSED I:3Y:
THE SUN NEWSPAPERS
216 Main Street
Seal Beach, CA 90740
(562) 430-7555 . (949) 759-7726
This space is for the County
Clerk's Filing Stamp
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Proof of Publication of
NOllCE OF PUBUC HEARING - L CondOlonal U.. Pa'm1198-15 _ -
MBmon semor care fBCIIlly
NOTICE IS HEREBY GIVEN that In M Eucalyptus Tree Permll 99., _
accord.nee with the /wgu113, .991 Removal of eucalVplus lrees with.
Writ o' Mlnde'e I.sued by the In Areas -A" and B- (commerclar
Orange County Superior Court. the development aress)
City Council 01 the City of s..r I N
Beach will hold. public hearing on . Vesting Tenlaltve Tract Map No.
MandlY, AuguI' 23, 1999 a. 7:00 15797 - 15-101 reSfdentfal subdl-
p.m. In the cny Counctl Chambel"l. V1Skm
211 EIgh1h _ S..I........ Ca~ O. Cond_ Use Penna 99-5 _ Off- '
.tornl. to: ~'e,,"se alcohol saI.. al SaY-On
1 ConSIder R8Vlslont to the 80cby Old OI'UA
Ranch Towne Cenle, FlnafEIR ProJlct OVerview: The proposed
(SCH 97091077) - Cerbflcatlon of mixed-use P/'ClIect consists of com-
~IR by City CounCil: Adoption of merclal. residential. recreational..
Statement Of Ovellldlng Conslder- t InslttuUonal. and open ~ u...
allons and lIS previously approved the City
. f Council In November 19 ,and as
2. ReconskIer: descnbed In the Revtsed EIR ooder
A. General Plan .Amendment 98-1 _ _ c<mslderabon as pari 0' this public
Amendments 10 vanoul elements. 1 hearing The ErR approval was
of the Gener&I F'tar'l to mElInIaIn con- - chellenged by several part.es and
81stency between Ihe General Plan -I the CIty nas been Inslructed by I~e
and the approved prOject Court to set DeM, vacate, ancf VOId
ResoluUon No 4660 approved on
1 Land Use Element Amendment November 23. 1995. certlfyrng the
2 Open Sp8Ce/Conser- Frnal EIR for the prtlIect, Ih8 NOtice
vallOn/ReCreatlon Elemenl of Determination hied on Novem-
3 BIcycle Route Element ber 24, 1995: and any and all
4 HOUSIng Element aellon! of any body that rely In
5 OrcUlation Elemenl whole or in part on the SIxby Ranch
6. NOlie Element EIR Incluc::llng the Seal BeaCh PIm-
S Zone D1ange 98-1 _ Amendments nlng Commission
to Zoning ~ap 10 ml1lnlaln comds- The site 18 apprmamatety 218 acres
tency between the Zoning Map 8I1d In "ze. The mBiar Pl'Olecl compo-
the General Plan: nents are as follows' (1) 286.987
1 TemII Club SIlI- General Iquare fool retail ~plng eenler
Conwneraal (C-2) 10 Public (Development Area A"), (2) 104
Land UIe 'PilI' room hotel. 15,000 square 'eet 01
... and "B- . restaurants. 160-bed 181\10I' usIst-
2 DevekJpmenl AreBl " - ed hVVlg laclllty, 5 acres greenbelt
- General Commercial (C-2) (Development Area -S1' (3) 157.
and R8CIe8tion-GolI (R..o) to acre reconflgured pllvele goll
GenereI CommerdalfC.2) course and a prfvale/publle; dnvl~
3. Developmenl Area .C" - Gen- range (Development Area .C1. (4)
eral Commerclal~-~ and 7s.tOt detached reSldenballubdM-
RecreatJon-GoIf .G 10 slon and 25 acre commumty
Reaeatlon GoII -G (Developmenl Area -D.)' ant%')
4. Osvelopr'll8f!I Nee - - Gener. dedication of eJOsIlng 8.735 Bix~
al Commercial (C-2) and Old Ranch TenniS Club slle 10 CIIy
Recreallon-Gotf (R-G) 10 ResI- (Development Aru-e-)
dentlal Medtum Oensky (RMO)
C T P I M N 97-185 Code Seellon.: Section 28-2600
. enlatMt BIC8 ap o. _ Zone Changes
- p..~ of 13,87-acre com- $eClIDl1 28-2503-2504 _ Condl-
merclal SII8 1I0nal Use PennllS
o TentalMtTract Map No. 15767- Sedlon 28-1803- Planned Sign
parcellZBbon of 28 045-BCre com- Program
melClal shopping center Seellon 28-2317(4) _ Helghl
E. Development Aareemenl- Spec- VarlallOnB
tt.es duUes ana re&pOnslblkt189 at SeclIon 28-2751-2nO _ oevel-
CIty and Bncby Ranch Company 10 opment Agreements
ensure prdect completIOn and corn-
plrance Wnh ~ mlbgatlon measures S~n 70-4 - Eucalyptus Tree
imd condftfona Perroils
R-~.. 1 SlI Ian Chepter 21 - SubdMslons
F.SItePiIIn aVR:...98. - ep
review for 26 045-ac;re shopping Applicant: Bbcby Ranch Company
canter development Krlchell Developmenl Company
G. Conditional Use Permll 98-16 _ Marnotl SlInlor lrvlng S8MC8S
drlve-1f1rouah wrndoW and 24-hour Owner: SIJ!by Ranch Company
operatfon fOr proposed drug slore Krtchell O8Velopmenl Company
WIItHn 28 045-acre shopping can- Marrlon SenIor living Services
ler Ai the above time and place an Inter-
H. Condlllonal Use Permit 98-17 - esled person! may be heard If so
home center and outdoor garden desired "you chaftenge the proposed
center BClionlln court. ~ may be IImrlecl to
IlIisina oriy those Issues you or sam.
I Site Plan ~ 98-2 - freeway one else raised .1 the pubtic hearing
ldenUflcadon SIgn descrrbed In this nota, or '" wnllen
J Height Variabon 98-5 - archllec- correspondence delivered 10 the City
. . turalfaabns abova 35-foot halghl of Baal Beach at. or prior 10, Iha pub-
: Ilmll - . lie; heamg:
K Planned Sign Program 98.1 _ DATED Thls 9th day of August. 1999
overd shopping center sign pro.. Joanne M.,YBO, Chy Clerk. _ _
gram " , PubIihad In iI'ia B.iaI Baach Sun Jou,-
naI. "'MD", ~'IZ I q9
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