HomeMy WebLinkAboutCC Res 4741 1999-08-23
RESOLUTION NUMBER .1/14/
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL BEACH APPROVING
HEIGHT VARIATION NO. 98-5, PERMITTING
THE CONSTRUCTION OF ARCHITECTURAL
FEATURES IN CONJUNCTION WITH A
PROPOSED 26.045-ACRE SHOPPING CENTER
ON PROPERTY LOCATED AT THE
NORTHEAST CORNER OF SEAL BEACH
BOULEVARD AND ST. CLOUD DRIVE
(BIXBY OLD RANCH TOWNE CENTER)
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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 Height Variation 98-5 on December 9, 1998, and approved the project through
the adoption of Planning Commission Resolution 98-48. On August 3, 1999, the Orange
County Superior Court issued a writ in the matter of City of Los A1amitos, 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 retying 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 ~~ D.C and ill
of the City's Locsl 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 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 Locsl 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 Otd Ranch Towne Center Development ptan Final Environmental Impact
Report (EIR) is adequate under CEQA. After considering the Final ElR 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 height variation.
Section 4. The record of the Planning Commission hearing of December 9,
1998 indicates the following:
a. On October 19, 1998, Kitchell Development Company (the
"Applicant") filed an application with the Department of Development Services for
Resolution Number 41'4/
various land use 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 of
five (5) non-habitable architectural features in excess of the 35-foot maximum height
limit, but within the allowable architectural feature height provision of 42 feet, in
conjunction with a proposed 286,967 square foot commercial shopping center.
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c. The proposed architectural features above the pennitted 35-foot
height limit are as follows:
. 42 feet for a Home Improvement Center (Retait 'A' on Site Plan,
580 feet east of Seal Beach Boulevard) Note: This item reflects
the Applicant's modification to the roof height, lowering it from 48
feet to 42 feet, and eliminating a Variance request.
. 37 feet for Home Improvement Center (Retail 'A' on Site Plan,
580 feet east of Seat Beach Boulevard)
. 37 feet for Retail 'B' on Site Plan, 580 feet east of Seal Beach
Boulevard
. 36 feet for a structure between the Retail "C" and' Retail "0"
structures
. 40 feet for Retail '0' on Site Plan, 580 feet east of Seat Beach
Boulevard
d. The Code of the City of Seal Beach The Code of the Citv of Seat
Beacb, (Code) states that no buitding or structure shall exceed the height limit for the
district and zone in which it is tocated. However, Section 28-2317(4) provides for height
variations for non-habitable architectural features. Specifically, Section 28-2317(4)(A)
states:
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"Scope: Non-habitable architectural features, such as spires, towers,
cupolas, belfries, monuments, porapets (not required by Uniform Bu,tlding
Code), domes and covered stairwells to open roof dec/cs may eJCceed the
height limit established for the district in which such structure is located to a
maximum of seven feet (7 J if granted pursuant to the procedures contained
in this section. "
e. The height limit for structures on the subject property which is
located in the General Commercial (C-2) zone of Planning District II is 35 feet. The
maximum height elevation of the proposed architectural features are 42 feet. The
maximum proposed height is within the seven foot (7') allowance provided for a non-
habitable architectural feature under Section 28-2317(4).
f. The subject shopping center property contains approximately
24.844 acres of net useable area and is located north of St. 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.
g. The subject property is legally described as Tentative Tract Map
No. 15767, and is currently located in the General Commercial (C-2) zone.
h.
Surrounding land uses and zoning are as follows:
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lJ North - Bixby Village residential development in the
Residentiat 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 Residential
Medium Density (RMD) Zone and Bixby Old Ranch Golf
Course in the Recreation-Golf(R-G) Zone.
Resolution Number 47t.1/
lJ West -Across Seal Beach Boutevard, in the General
Commercial (C-2) zone is the Rossmoor Center shopping
center development, in the City of Seal Beach.
i. The "Mitigation Monitoring Program" establishes a number of
specific action 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 Bpplication. 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. Given the distance from Seal Beach Boulevard, approximately 580
feet, the size of the proposed architectural features will not create an overpowering
presence from the street, and have been evaluated as part ofthe overall concept design for
the shopping center within the Bixby Old Ranch Towne Center EIR.
k. The proposed architectural features exceed the height limit by 2 to
7 feet, and are located 580 feet from Seal Beach Boulevard. The architectural features
are intended to provide relief for the elevations of the shopping center structures which
face Seal Beach Boulevard, and are oriented towards Seal Beach Boutevard.
Additionally, the proposed residential devetopment to the north and east of the shopping
center will be oriented towards the interior street system of that residential neighborhood,
and will not impact on any views of that residentiat neighborhood. Further, the
architectural features are only located along the front building elevations of the major
stores, and are located between 280 to 350 feet from the adjoining proposed residential
development.
Sec,tion 5. Based upon the facts contained in the record, including those stated
in fi4 of this resotution and pursuant to ~~ 28-2317 of the City's~, the City Council
adopts the findings of the Planning Commission and makes the following findings:
a. Height Variation No. 98-5, a request to permit a maximum oftive I
(5) non-habitable architectural features in excess of the 35-foot maximum height limit,
but within the allowable architectural feature height provision of 42 feet, in conjunction
with a proposed 286,967 square foot commercial shopping 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 architectural features subject to the approval of a height variation.
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 height variations are consistent with the General Plan.
b. The proposed architectural features are architecturally in keeping
with the overall design theme of the shopping center, with the roofing materials and
siding matching those of the shopping center.
c. The proposed architectural features are appropriate for the
character and integrity of the surrounding neighborhood, due to the distance of the
proposed architecturBI features from Seal Beach Boulevard and the Bixby Village
residential devetopment to the north and east ofthe shopping center.
d. No habitable living space is provided within the proposed
architectural features.
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Section 6. Based upon the foregoing, the City Council hereby approves
Height Variation No. 98-5, subject to the following conditions:
...
1. Height Variation 98-5 is approved for the construction of five (5) non-habitable
architectural features in excess of the height limit in conjunction with the
construction of the Bixby Old Ranch Towne Center.
2. All construction shall be in substantial compliance with the plans approved
through HV 98-5.
Resol.ution Number ,.'9-1
3. There shall be no habitable space or useable retait space permitted within the
architectural features.
4. This Height Variation shall not become effective for any purpose unless an
"Acceptance of Conditions" form has been signed by the Bpplicant in the presence
of the Director of Development Services, or notarized and returned to the
Planning Department; and until the ten (10) day appeat period has elapsed.
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PASSED, APPROVED AND ADOPfED by the ~cpuncil of the City of Seal
Beach at am' g thereo h d on the It L day of
, 1999, by the following vote:
AYES:
Councilmember
NOES:
Councilmembers .
ABSENT:
Councilmembers
MA><<f'
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STATE OF CAUFORNIA
COUNTY OF ORANGE
CITY OF SEAL BEACH
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I, Joanne M. Yeo, City Clerk of Seal Beach, California, do h~ <;.ertify that the
foregoing resolution is the original copy of Resolution Number J./- ~I on file in
the office of the City Clerk, passed, approved, and adopted by the Ci!y Council of the
Clly of ~2""" -.. """"'hdd 00 tho 0l.:J~.L da,
of , 1999.
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Req~lutlQn Nun~cr~__
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
Gity 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 Hlereof on the following
dates, to-wil
kUC; U s'r 1 <"2-
all In the year 1999.
I certify (or declare) under penalty of
perjury that the foregoing is true and
eon eel.
Dated al Seal Beach, CA,
thls~day of ruG...) J;., , 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
NonCE OF PUBUC HEARING - L Condition'" Use Permll 98-15 _ -
Marrfolt semor care 'Bailly
NOncE IS HEREBY GIVEN th.. In M. Eucalyptus Tree Permit 99-1 _
KcordBnel with the August 3. 1919 RemoVal of eUCBlypfUs frees wtlh-
Writ of Mlnds'e I..ued by Ih, In Areas -A- and .S- (commBlCraJ
Or.ng. County Supertor Court. thl development Breas)
CII, Council o' the City 01 S..I I
Selch will hold. public hearing on N Vesting TenlallYe Tract Map No
Monday, August 23, 1899 .. 7:00 15797 - 75.101 remdenllaJ subel!.
p.m. In the City Council Chlmbe.... Y1sJon
211 Etghth Street. h.1 Beach, e.1- O. Conddrot\al U.. Permit 99-5 _ Off. .
lfornl. to: t?remlse a1coholsal.. 81 SaY-On
1 ConsIder R8vt9IOfIS to the Blxbv Old Drug
Ranch Towne Center FlnafEIR Prolect Overview: The proposed
(SCH 97091077) - Certlflcadon of muced-use prqect consists or com-
r::IR by City Council, Adoption of marcial, residentIal, recreational,.
Statement or OveJndll'lg Conslder- t InstllUllOnaI, and open ~ usa.
allOM and as pr9VIOUSIy approved the c;:rty
. f CounCil In November 1 , and as
2. ReconSIder descnbed In the Revtsed EIR under
A General Plan Amendment 98-1 _ . conSlderetlon as part or thiS public
. Amendments to vanous elements.' hearing The EIR approval was
of the General PI8n 10 ITI8If1tM1 con- challenged by several partie. and
slslency between the General Plan. 1 the Cdy has Men instructed by the
and the approved prqecI Court to set BSIde, vacate, and void
RasolUbon No. 4660 approved on
1 Land Use Element Amendment November 23, 1998, certifying the
2. Open ~pacelConS8r- Final EIR for lI1e p~ecI; the Notice
vabon/Recrealton Element ot Determtnallen tiled on Novem-
3. Ek:ycle Route Element ber 24, 1998, and any and all
4. HoUIIMfJ Element acltons of any body that rely In
5 CIrculatIOn E1ernenl whole or in part on the ~ Ranch
8 NoIse Element EIA. Indudhg the Seal BeaCh PIen-
B. ZorwD\EWlge98-1-Arr-.dllIi8l1lB nIng CommiSSIon
10 Zontng Mep to malnlBln consIs- The lIIIe Is approximately 218 acres
tenty between the Zoning Map and In size Tt18 malor prqect compo-
the General Plan: nents are as tallows: (1) 288.987
Cf b Site Ga aJ square tool retail shooplng center
1. Tennis u - ner. (Cevelopment Area l""A1: (2) 104
f::"ti:'~ 10 Pubic room hotel, 15,000 square hi., of
- _ _ _ _ . reslaurwrts, 1eo-bed senior asSlst-
2. Development Areas ~ and B - ad hvlng facility, 5 acres greenbelt
-General Commercial (C-2) (Development Area "BW), (3) 157-
and Recreatton-Golt (R-G) 10 acre reconflgured prlvat. goll
General Commerclal (Co2) course and a prlvalelpubllc dnYfng
3 Development Area "C" - Gen. range (Oevempment Area -C'; (4)
.raI Commercial (C-2) end 75-101 detac:hBd reSIdential sutJdM.
Recreabon-Golt (A-G) to lion and 2 5 acre community park
Recreahon Golf (R-GJ (Developmenl Area -0-)' and (5)
4 Development Area "[jw - Gener- dedlCBtlOn of elnstlng 6 '35 Bixby
aI Commercial (C-2) and Old Ranch Tennis Club sfteto CIty
Recreation-Golf (R-G) to Rnl- (DeveloplTllnt Area -E1.
denbal Medtum o.nsity (RMD)
C T ,-- P I M N 97 f85 Code Sectlone: Seelion 28-2600
In__ .rea ap 0 - _ Zone Changes
- pan:eIIzlltion of 13 67-acre com- Section 28-2503-2504 _ Conch-
metdaI Ide bonal Use Permds
D. Tentaltie Tract Map No. 15787 - Section 28-1803 _ Planned Sign
parceltzation of 26 045-ecre com- Program
m8f'CIII shopping center Section 28-2317(4) _ Hetght
E. Dewtapment ARleement- Spec- Vanadons
Ifles ~88 ana responSIbilities or Section 28-2751.2770 _ Devel.
CIIy and B"oby Ranch Company 10 opmam Agraamanta
emue prqecl corIllIebon and com-
p118nC8 WIth aI mlllgatJon mealU8S SectlOl1 70-4 - Eucalyptus Tree
end condtIions Permits
F SnePlan Revt8W98.1-Sne~n Chapter 21 -SubdlYislons
. revfew for 28 045.ac:re shopping Applicant: BIXby Ranch Company
center development KItchen Development ~any
G. ConcIbonal Use Permll 98-16 _ MamoU Senior living Sa 88
drive-Ihrough window and 24-hour Owner: Bixby Ranch Company .
operaIIon fOr proposed drug store Kllchell Development COmpany
wdhll 2B D45-8C1e shopptng cen- Mamotl Senior Uvlng Servlces-
lar Ai the above t...". and place aI wer-
H. Condllonal Use Permit 98-17 - ested persona may b. heard If 80
home center and outdoor garden deSIred It you ch8Ilenge the proplsed
cenI8r acIlonS In court. ~ may be limited to
ratSW'IQ only those issues ~u or som.
I. SII, Plan R8Vlew 98-2 - freeway one elM raIsed 81 the public hearing
IdenlllicallOf1 stgn descnbed In this noUce, or In wnnen
J HekIIC VarIatIon 98-5 - archnec- correSPOndence dellYered 10 the City
, . tunil f8IIIures above 35-fooI height of Seal. Beach at, or prior to, the pub-
: IlmiI - . - lie heanng.
K. Planned Sign Program 98.1 _ DATED Thla9U\ day of A~.1999
ovaraIlhopplng cant... a1gn p.... JOanna !!.-Vao. CIty CIert<, _
gram . I PubllihidlntheSeBl8eichsUn'JOur-
nal._. g"l..c,q
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