HomeMy WebLinkAboutCC Res 4738 1999-08-23
RESOLUTION NUMBER ~8
1
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
CONDITIONAL USE PERMIT NO. 98-17,
APPROVING A HOME IMPROVEMENT
CENTER BUSINESS OPERATION WITH AN
OUTDOOR GARDEN AREA ON PROPERTY
LOCATED AT THE NORTHEAST CORNER OF
SEAL BEACH BOULEVARD AND ST. CLOUD
DRIVE (RETAIL "A", BIXBY OLD RANCH
TOWNE CENTER) ,
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY
FIND, DETERMINE AND RESOLVE:
Section 1. The Planning Commission held a properly noticed public hearing
regarding Conditional Use Permit 98-17 on December 9, 1998, and approved the project
through the adoption of Planning Commission Resotution 98-46. On August 3, 1999, the
Orange County Superior Court issued a writ in the matter of City of Los A1amitos, et a1.
v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any Bpprovals
relying on the Final ElR. 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.
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Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ 11.C and III
of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft
Environmental Impact Report (OEIR), 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 DElR 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 Locat 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. '
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Section 3. Pursuant to the August 3 Writ, the City Council held a public
hearing on August 23, 1999 to consider approving this conditional use permit.
Section 4. The record of the City Council hearing of August 23, 1999
indicates the following:
a. Kitchell Devetopment Company (the "Applicant") filed an
application with the Department of Development Services for various land use
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Resolution Number L/1.!J!3
entitlements to develop the Bixby Old Ranch Towne Center 26.045-acre commercial
shopping center site.
b. Specifically, the applicant is proposing to construct a maximum
286,967 square foot commercial shopping center with parking, landscaping and other
ancillary facilities on property located at the northeast comer of Seal Beach Boulevard
and St. Cloud, as approved by the City Council through Site Plan Review 98-1, Revision
# 2. A component of the shopping center project includes a home improvement center
comprising 126,000 square feet with a 10,000 square foot outdoor garden center. .
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c. The proposed home improvement center comprises 126,000 square
feet with a 10,000 square foot outdoor garden center. Said structure is tocated at the
northeast comer of the proposed shopping center, approximately 580 feet east of Seal
Beach Boulevard. (Retail' A' on Site Plan).
d. Section 28-1400.(11)(g) requires a conditional use permit for a
"lumberyard/home improvement center." The proposed Home Improvement Center has
been classified as that type of land use by staff, and therefore requires conditional use
permit approval.
e. The subject shopping center property contains approximately
24.844 Beres of net useable area and is located north ofSt. Cloud Drive on the east side of
Seal Beach Boulevard. The property has approximately 1,307 feet of frontage on Seal
Beach Boulevard, and is approximately 975 feet in depth. The subject home
improvement center property is designated as Lot I of Tentative Tract Map No. 15767,
and contains 11.98 acres of land area. Lot I has approximately 122 feet of frontage along
Seal Beach Boulevard, is an irregular shaped parcel, being approximately 656 feet in
width and 976 feet in depth.
f. The subject property is legally described as Tentative Tract Map
No. 15767, Lot 1, and is currently located in the General Commercial (C-2) zone.
g. Surrounding land uses and zoning are as follows:
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lJ North - Bixby Village residential development in the
Residential Medium Density (RMD) Zone.
lJ South - Bixby Old Ranch Golf Course in the Recreation-Golf
(R-G) Zone.
lJ East - Bixby Village residential development in the Residentiat
Medium Density (RMD) Zone and Bixby Old Ranch Golf
Course in the Recreation-Golf (R-G) Zone.
lJ West - Across Seal Beach Boulevard, in the General
Commercial (C-2) zone is the Rossmoor Center shopping
center development, in the City of Seal Beach.
h. The site plan is consistent with the General Plan, which designates
the property for commercial uses
i. The ''Mitigation Monitoring Program" establishes a number of
specific Betion measures which have been proposed to reduce the identified
environmental impacts of the shopping center development to a level of insignificance in
relation to this development application. The applicable mitigation measures are
conditions of approval for Site Plan Review 98-1, Revision # 2 (92 mitigation measures),
and are incorporated herein by reference.
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j. The proposed shopping center development plan complies with all
City standards regarding minimum lot size, building setbBeks, lot coverage, building
height (except for those architectural features requiring height variation approval),
landscaping, and parking requirements.
Resolution Number~
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k. Due to the closeness of the adjoining home to the north and east as
part of the Bixby Village development, a condition should be placed on the business
operation requiring that no commercial deliveries or trash disposal BCtivities may occur in
association with the operation of this business between the hours of 10:00 P.M. and 7:00
A.M. In addition, a 10-foot high block wall should be provided along the property line
adjacent to the truckwell and the turning area to provide additionat visuat screening and
noise mitigation for this portion of the site, with a heavy landscaping treatment to be
provided to provide visual screening area for the truckwell/tuming area and the staging
area. In addition, mBterials stored in the staging area shall not be stored above the height
of the 20-foot high fence, and this,fence to be similar in nature to that proposed for the
garden center.
Section 5. Based upon the facts contained in the record, including those stated
in ~4 of this resolution and pursuant to ~~ 28-1400, 28-2503 and 28-2504 of the City's
Code. the City Council hereby adopts the Planning Commission findings and makes the
following findings:
a. Conditional Use Permit No. 98-17, a request to permit a home
improvement center within the Bixby Old Ranch Towne Center is consistent with the
provisions of the Land Use Element of the City's General Plan, which provides a
"general commercial" designation for the subject property and permits home
improvement centers and outdoor garden areas subject to the issuance of a conditioRlil
use permit. The use is also consistent with the remaining elements of the City's General
Plan, as the policies of those elements are consistent with, and reflected in, the Land Use
Element. Accordingly, the proposed use is consistent with the General Plan.
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b. Subject to the proposed conditions of approval, the proposed use of
the property as a Home Improvement Center with an outdoor garden area will be
compatible with surrounding uses and will not be detrimental to the surrounding
neighborhood. As the proposed location of the truckwell area and outdoor staging area is
approximatety 60-70 feet from the nearest proposed residential uses, additional visual and
noise related conditions to reduce potential impacts from these business operations of the
fBCility are proposed.
c. The proposed style, height and bulk of the proposed structure is
consistent with surrounding uses. The height of the proposed structure, with the
exception of architectural feature along the front of the structure vary from 24 to 28 feet,
is less than the allowed 35-foot height in the C-2 zone. In addition, the structure is
separated from proposed adjoining residential uses by 60-70 feet, including the provision
of 8 and 10-foot high walls Bnd heavy landscaped areas. The structure is setback
approximately 580 feet from Seal Beach Boulevard, and 110 feet from the north property
line. Between the proposed residences to the north and the main structure is as-foot
landscaped area, a 60-foot driveway/parking area, and the 50-foot wide "Garden Center".
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d. The proposed style, height and bulk of the proposed structure is
consistent with surrounding commerciat uses, which include an existing shopping center
in the same zoning area as the subject property, directly BCross Seal Beach Boulevard.
As approved by the City Council, there are sufficient mitigation measures adopted by the
City Council to ensure compatibility of the entire 26.045-acre shopping center with
adjoining land uses. The subject shopping center development and the site proposed for
the home improvement center development exceeds all standard development
requirements ofthe City related to lot size, setbacks, lot coverage, building height (except
for those architectural features proposed for approval by height variations or variances),
off-street parking, and landscaping. Therefore, the site is adequate in size, shape,
topography and location to meet the needs of the proposed use of the property as a home
improvement center with an outdoor garden area. In addition, the structure is separated
from proposed adjoining residentiat uses by 60-70 feet, including the provision of 8 and
10-foot high walls and heavy landscaped areas. The structure is setbBCk Bpproximately
580 feet from Seal Beach Boulevard, and 110 feet from the north property line. Between
the proposed residences to the north and the main structure is a 5-foot landscaped area, a
60-foot driveway/parking area, and the 50-foot wide "Garden Center".
Resolution NUmber~~~
e. Required adherence to applicable building and fire codes will
ensure there will be adequate water supply and utilities for the proposed use.
Section 6. Based upon the foregoing, the City Council hereby approves
Conditional Use Permit No. 98-17, subject to the following conditions:
1. CUP 98-17 is approved for a 126,000 sq. ft. Home Improvement Center with a 10,000
square foo~ Garden Center at Bixby Old Ranch Towne Center (Retail" A"), Lot 1 of
Tentative Tract Map No. 15767, as shown on the Bpproved Site Plan 98-1, Revision #
2.
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2. No trash disposal activities may occur in association with the operation of this
business between the hours of 10:00 P.M. BOd 7:00 A.M.
3. A 10-foot high block wall shall be provided along the property line adjacent to the
truckwell and the turning area to provide additionat visual screening BOd noise
mitigation for this portion of the site, with a heavy landscaping treatment to be
provided to provide visual screening area for the truckwell/turning area BOd the
staging area.
4. Materials stored in the staging area shall not be stored above the height of the 20-foot
high fence, BOd this fence to be similar in nature to that proposed for the garden
center.
5. The applicant will prominentty disptay these. conditions of approval in a location
within the business's customer area that is acceptable to the Director of Development
Services.
6. This Conditional Use Permit shall not become effective for BOy purpose unless an
"AcceptBOce of Conditions" form has been signed by the applicant in the presence of
the Director of Development Services, or notarized and returned to the Planning
Department; and until the ten (10) day appeal period has elapsed.
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7. A modification of this Conditional Use Permit shall be obtained when:
IJ The establishment proposes to modify any of its current conditions of approval.
IJ There is a substantial change in the mode or character of operations of the
establishment, such as to a warehouse hardware store or other retail use.
8. The Planning Commission reserves the right to revoke or modify this Conditional Use
Permit if any violation of the approved conditions occurs, BOy violation of the Code
of the Citv of Seal Beac!!, occurs, or for those reasons specified by Article 28, BOd in
the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal
Beach.
9. In the event staff determines that security problems exist on the site, the conditions of
this permit may be amended, under the procedures of the Code of the City of Seal
Beac!!, to require the provision of additional security measures.
10. The establishment shall have a public telephone listing.
II. The establishment shall comply with Section 130, "Noise Control" of the Code of the
City of Seal Beach as the regulations of that Chapter now exist or may hereafter be
amended. Should complaints be received regarding noise generated by the
establishment, the Planning Commission reserves the right to schedule this permit for
reconsideration and may require the applicantlbusiness operator to mitigate the noise
level to comply with the provisions of Chapter 130.
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12. This Conditionat Use Permit shall become null and void unless exercised within one
(1) year of the date of final approval, or such extension of time as may be granted by
the Planning Commission pursuant to a written request for extension submitted to the
Resolution Numbe~;r~~
Department of Devetopmenl Services a minimum of ninety (90) days prior to such
expiration date.
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PASSED, APPROVED AND ADOPTED by the City 9luncil of the City of Seal
Beach at a mr;;, thereo.J,.held on the ~J day of
~1A~ ' 1999, by the following vote:
AYES: Councilmem
NOES: Councilmembers tJ'I~/!
LI1-' -A
ABSENT: Councilmembers / ~
~r
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STATE OF CAUFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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SS
I, Joanne M. Yea, City Clerk of Seal Beach, California, dO~~ that the
foregoing resolution is the original copy of Resolution Number on file in
the office of the City Clerk, passed, approved, and adopted by e City Council of the
City OZealBeach, aljl ~uIar meeting thereof held on the -1.8 ~ "" . day
of "tJPfl- , 1999.
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Resolution NUmber~l'~
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 malter.
I am the principal clerk of the printer
of the SEAL BEACH SUN, a
newspaper of general circulation,
printed and published weekly in the
Oity of Seal Beach, County of
~prange 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
supplemenllhereof on Ihe following
dates, to-wit:
kli(.; U,(<f 1 <"2-
all in the year 1999.
I certify (or declare) under penally of
perjury that the foregoing is true and
correct.
Dated at Seal Beach, CA,
this~day of rue,...) J'1, 1999.
A~
,
~
Signature
PUBLICATION PROCESSED ~Y:
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
NOTICE OF PUBUC HEARING - L Condlllonal Use Perm't 98.15 _ -
Marnon Hnlor care 'aallly
NOTICE IS HEREBY GIVEN that in M Eucalyptus Tree Perm,t 99-1 _
accord.nee with the August 3. '991 Removal of eucalyptus lrees W1lh-
Writ 0' Mendal. '..ued by the In Areas -N and .S- (commercial
or.nlb': County SU~rlar Courts the development areas)
~1Ch :~~~dO: ~':I~I~::ng Be:: . N Vesting TentallVe Tract Map No
Mondey. Augus' 23, '998 1":00 15797 - 75.101 residential subdf..
p.m. In the City Council Chambers, V1sJon
211 Eighth Street, Seel Belch. ea.. . 0 CondJtfonaJ Use Permd 99-S _ Off- .
Homl. to: premise alcohol sales al Sav.On
1 ConsIder RevIsIons 10 the BIXby Old Drug
RanCh Towne Center FlnafEIA Prolec:1 Overview: Th. proposed
(SCH 97091077) - CerMicabon of rribcsd-use project conSIsts ot com-
EIA by City CounCil: Adopllon ot merclal, resutenllal, recre.llonal,.
Slalemenl of Overndlng Conlider- t InsllNbonal, and open ~ uaaa
allons. and as prlMously approved lhe QIy
. CounCil In November 199 ,and as
2 Reconsider' f descnbed In the ReVIsed EIA under
A. General Plan Amendment: 98-1 _ . conslderallon as part of this publIC
Amendmenls 10 various elemenls _ I hearing The EfR approval was
of Ihe General Plan to maintain con- challen!\,ed by several parties and
SISlency beIWeen the General Plan -I Ihe Qty as ~n Instructed by Ih8
and lhe approved projecl Court 10 selaSlde. vacale, and void
Resolullon No 4660 approved on
1 land Use Element Amendment November 23, 1998. certifying the
2, Open SpacelConser- FmaI EIR tor th8 PfOiecI; lhe NObte
vatlonJRecreatJOn Elemenl of Determlnatl"n tiled on Novem-
3. Bicycle Route Element ber 24, 1998, and any and all
4. HOUSIng Element actions ot any body Ihal rely In I
5 CUcUlatlon Element whole or In pari on the ~ Ranch
8 NOise Element EIR, mcfudtng Ihe Seal Beach PI....
B ZoneChwlge98-1-Amel.dl._1Ib nmgCommlSS<<N1.
to Zoning ~ap to maintain conSI. The sll81S approximately 218 acres
Iency between.... Zomng Map and In.... The malor P"'Iocl oompo-
the General Plan: nents are as follows' (1) 286.987
1 Tennis Club Site _ General square fool rela" s~plng center
. Convnercfal (C-2) to PubliC (Oevelopmenl Area A1: (2) 104
lend Use CP.lln room holel. 15.000 square feet of
Ala "A" d "B- . restaurants, 1BO-bed semDr BSslst.
2, Development as an - ed INfng facility, 5 acres greenbelt
- General Commercial (Co2) (Development Area -B1, (3) 157-
end Recreation-Golf (R-t"i) 10 acre recontlgured prtvate golf
General Commercial (C-2) course and a prlvatelpubllc dnvtng
3 Development Area -r;:> - Gen- range (Development Area -C"), (4)
eral Comm8l'Clal (C-~ and 75-rol detached residential SUbdMo
Recreallon-Golt (A-G to eton and 2 5 acre community park
Recreation Golf CR-? . (Development Area -01: and (5)
4 Development Area D . Guner. dedication of existing 6 735 BIXby
aI Commercial (C-2) and Old Ranch TenRls Cfub site 10 City
Racreallon-God (R-G) 10 Raa!- (Davalopmant Araa "E1
dentlal Medium Oenslty (RMD)
Cod, Sections: Section 28-2600
C. Ten1B1tv8 Parcel Map No, 97.165 -Zone Changn
- parcehzadon of 13.67..acr& a;m. Section 28-2503-2504 _ Condl.
merClal srte donal Use Permits
D. Tentative TrBCI Map No 15767 - Secbon 28-1803 _ Planned Sfgn
parceUzallon of 26 045-acre com- ProgUlm
merclal shopping center SscUon 26.2317(4) _ Height
E Development Agreemenl- Spec- Variations
Ihes duties and responslbll1lJ8S of Seellon 28-2751-2nO _ D~-
0Iy and BIXby Ranch Company to opm8f1l Agreements
ensure ordecI completfon and com-
pIlance"WIth all mdlg8bon measures Section 7D-4 - E~yptus Tree
and condlbons PermllS
Chapter 21 - SubdIVISIOns
F. Slle Plan Review 98-1 - Site plan
review tor 26 Q45-acre shopping AppUcanl: BIXby Ranch Company
center development KItchell DeveIOpmenl Company
G Condlllonal Use permn 98-16 _ Mamoa Senior lIVing SeMC8s
drive-through WindOW and 24-hour Owner: Bixby Ranch Company -
operalion fOr proposed drug store K"dchell Development COmpany
Wllhln 26.045-acle shopping cen- Marnoll serllor lrvlng SeMces
ler Ai the abDYBllm8 and pSace aD Inter- I
H. Condlllonal Use Permit 98.17 - esled persons may be heard If so
home center and outdoor garden deSired If you chaJlenge the proposed
clf'lIer actions In court, ~ may be hmded to
raising onty those Issues you or seme-
l, SIIB Plan RevIew 98-2 - freeway one else r8lsed at the publIC heanng
idenlfftcatlon IIgn '''. described In thIS notice, or In wnnen
J Height Variation 96-S - archltec- correspondence delivered 10 Ihe City
, . tural fealures above 35-fooI height of Seal Beach Bl, or pnor 10, the pub-
1 IImll ~ Ilc hearing,
I K. Planned Sign Program 98.1 _ DATEDlhts9lhdayofAugull,1999
overall shopping center sign pro- Joanne M.,Yeo, CIty Clerk ;. _'
gram I PubIIsh8d in IhIJ.JeaI BelICh SUn 'Jour-
nal,_~"a..9q-