HomeMy WebLinkAboutItem R r
May 22, 2000
STAFF REPORT
To: Mayor Campbell and Members of the City Council
Attention: Keith R. Till, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: APPROVAL OF QUITCLAIM DEEDS - BIXBY OLD
RANCH PROJECT, AREA B
SUMMARY OF REQUEST
Approve quitclaim deeds and authorize City Manager to execute said documents on behalf of the City
of Seal Beach.
DISCUSSION
As part of the approvals for the Bixby Old Ranch Towne Center project relating to Area B, the
approval of two separate "quitclaim deeds" are appropriate to clear up some remaining title issues
relating to the subject site. Area B is the property located between the northbound I-405 Freeway off-
ramp, Seal Beach Boulevard and Lampson Avenue.
The quitclaim deeds will revert certain interests in easement areas previously retained by the City of
Seal Beach to Bixby Ranch Company to provide clear title to the subject properties. Quitclaim deeds
are proposed from the City to Bixby Ranch Company for:
❑ the city's interests derived from Santa Fe Springs Waste Water Disposal Company(predecessor in
interest to the City) under an "Abandonment of Superseded State I-Iighway" made by the
California Highway Commission in 1965.
o The city's interests derived from Santa Fe Springs Waste Water Disposal Company (predecessor
in interest to the City) under a"Grant of Easement" for water line purposes in 1966.
The appropriate"Quitclaim Deeds" are provided as Attachments 1 and 2, respectively.
AGENDA ITEM %/
e:1My Doasnents1Bixby Towne Cater EIR\Quitc'laims,SFS waste water Co.CC Staff Reportdoc\LW O5-16.00
J
Approval of Quitclaim Deeds-Bixby Old Ranch Towne Center Project,Area B
City Council Staff Report
May 22, 2000
FISCAL IMPACT
None. Action necessary to clear title to the subject property.
RECOMMENDATION
Approve quitclaim deeds and authorize City Manager to execute said documents on behalf of the City
of Seal Beach.
NOTED AND APPROVED
cyj:(Z- (.)./7"
Whittenberg, Director Keith R. Till
Development Services Departm: City Manager
Attachments: (2)
Attachment 1: "Quitclaim Deed"—Abandonment of Superseded State Highway
Attachment 2: "Quitclaim Deed"—Grant of Easement
Quitclaims,SFS w water Co cc Ste-Report 2
J
Approval of Quitclaim Deeds-Bixby Old Ranch Towne Center Project,Area B
City Council Staff Report
May 22, 2000
ATTACHMENT 1
"QUITCLAIM DEED" -
ABANDONMENT OF SUPERSEDED STATE HIGHWAY
Quiedaima,SFS waste water Co.cc Staff Report 3
F-ila yp "rZ i f\r
STATUS MEMO
To: Mayor Campbell and Members of the City Council
Attention: Keith R Till, City Manager
From: Lee Whittenberg, Director of Development Service
Subject: BIXBY OLD RANCH TOWNE CENTER —
PRELIMINARY LANDSCAPE DEVELOPMENT,
AREA "B"
Date: May 22, 2000
REQUEST
Provide any comments determined appropriate to Staff by Thursday, June 1, 2000.
DISCUSSION
As a requirement of the approved "Mitigation Monitoring Program" for the Bixby Old Ranch
Towne Center EIR, landscape plans for the common open space areas along Seal Beach
Boulevard and Lampson Avenue are required to be provided to the City for review and approval
prior to certain development activities taking place. The applicant has submitted a "Preliminary
Landscape Development" plan and a "Preliminary Landscape Development Plan & Plant Material
Photos of Old Ranch Town Center", prepared by DiLallo Landscape Architecture, Inc., dated
April 17 and April 25, 2000, respectively.
These "preliminary" landscape documents are being submitted to the Planning Commission and
City Council for information and comment purposes. The Planning Commission reviewed the
"Preliminary Landscape Development " plans on May 3, 2000, and provided some comments to
staff for consideration in the development of the"final" landscape plan for the subject area.
The City Council may also wish to provide any comments determined appropriate to allow the
landscape architect to consider the comments/concerns of the City Council in the development of
the"final" landscape plan for the subject area.
The Planning Commission approved Eucalyptus Tree Permit 99-1 on April 21, 1999, and the City
Council subsequently re-approved this permit on August 23, 1999, allowing the removal of 84
eucalyptus trees within this area, and requiring the replanting of a minimum of 336 new
eucalyptus trees as the required mitigation. The subject "preliminary" plan does not specify the
C:My Documents\Bixby Towne Caller EIR\Arca B,Prelim Landscape Plan.CC Status Memo.doc\LW05-17-00 —+ em g
City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
number of trees to be planted, but indicates the conceptual design plan for the landscape and off-
road bicycle path/pedestrian walkway as required in the approval documents for the project. The
"final" landscape plan will be verified to ensure compliance with all appropriate mitigation
measures adopted by the City Council.
Overview of Proposed "Preliminary Landscape Development" Plan:
As indicated above, the "Preliminary Landscape Development" has been prepared for City review
and comment prior to formal submission of the "final" landscape plans as required by the adopted
Mitigation Monitoring Program of the City.
The "Preliminary Landscape Development " plan indicates the required greenbelt area along Seal
Beach Boulevard and Lampson Avenue as required by the City Council approvals of the Bixby
Old Ranch Towne Center project. This greenbelt area provides the required off-street, 12-foot
wide bikeway/sidewalk along Lampson Avenue, and indicates the preliminary landscape concepts
for tree plantings, shrub/groundcover plantings, and turf plantings within the greenbelt area.
The approved 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 feet along the north-bound I-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.
The City Manager, City Engineer, and Director of Development Services have had several
meetings with the landscape architect to discuss the preliminary design concepts for this greenbelt
area, and the subject documents are the landscape architect's representation of the discussed
design concepts. They are provided for review and comments by the City Council.
Again, at this stage of the design process, the overall design concepts are requested to be
reviewed and commented upon by the City Council. The hope is to ensure the Planning
Commission, and ultimately the City Council, are satisfied with the basic design concepts.
The landscape palate proposed by the landscape architect includes the following plant materials:
Trees
o Bottle Tree o Gaity Girl Tea Tree
o White Iron Bark (eucalyptus) o Cajeput Tree
o Nichol's Willow-Leafed Peppermint o Canary Island Pine
(eucalyptus) ❑ California Sycamore
o Red Iron Bark Gum (eucalyptus) o California Pepper
o Coral Gum (eucalyptus) ❑ Windmill Palm
Arta B,Prelim Landscape PIan.CC Status Memo 2
City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
o Evergreen Palm o Mexican Fan Palm
Shrubs
o Strawberry Tree o Statice
o Ceanothus `Joyce Coulter' o Photinia
o Julia Phelps Ceanothus o Mock Orange
o Pink Escallonia ❑ Monrovia Pyracantha
o Daylily o Hawthorn
o Toyon o Rosemary
o Texas Privet ❑ Shiny Xylosma
Ground Cover
o Spreading Acacia o English Ivy
o Myoporum ❑ Turf
Provided below are the adopted "Mitigation Measures" which relate to the landscape issues for
the subject area for the information of the City Council. Note that particular provisions relating to
the greenbelt area are noted by bold and italicized text:
G13. All mature trees lost as a result of project development shall be
replaced pursuant to the following ratios: a) eucalyptus: 4 to 1 using 24-inch
box trees; and b) non-eucalyptus: 2 to 1 using 36-inch box specimens.
(Required in accordance with Eucalyptus Tree Permit 99-1, discussed above)
MI. Prior to issuance of building permits for any proposed commercial,
hotel, restaurant, senior care facility, or residential uses, the project proponent
shall submit project plans (including landscape plans and illustrative elevations) to
the Director of Development Services for approval. Said plans shall reflect the
following:
o All open areas not used for buildings, including but not limited to: parking lots,
service areas, walls, walkways, and courtyards shall be attractively landscaped
in accordance with landscape plans prepared by a licensed landscape architect.
o Concentrated perimeter landscaping shall be installed along Seal Beach
Boulevard, Lampson Avenue and the 405 Freeway northbound off-ramp in
order to maintain and enhance views from along these roadways.
o A fully automated irrigation system shall be included in the landscape plans
for the project and all landscaped areas should be maintained in good
condition throughout the life of the project.
Area B,Prelim Landscape Plari.CC Status Memo 3
City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
o All buildings and landscaping proposed for the site shall present a cohesive
image with attention to compatible materials, building proportion, signage, and
architectural styles.
o All proposed signage and identification used for buildings, parking lots, access
roadways, etc. shall comply with the sign ordinance of the City of Seal Beach.
o To the degree feasible, the bulk of buildings shall be minimized through
articulation of the building mass with offsets, stepped terraces, changes in
plane, and other such methods in order to reduce the visual impact of the
project as viewed from Seal Beach Boulevard, Lampson Avenue, Rossmoor
Highlands, and the 405 Freeway.
o Rooftop equipment shall be screened from all off-site vantage points and
mechanical equipment shall be contained within rooftop enclosures. Rooftop
screening materials shall be complimentary in material and color to the
building's exterior. Rooftop structures, unless an integral part of the building's
design, shall not exceed the maximum allowed parapet elevation.
o Service areas shall be screened from off-site view and trash containers shall be
enclosed using materials complimentary to the commercial buildings.
M3. Prior to approval of final project plans, a landscape plan for
common areas of the project site including street trees, shall be prepared by a
licensed landscape architect and submitted to the Director of Development
Services, and the City Street Tree Division of the Parks and Recreation
Department for approval, after review and comment by the City Tree
Preservation Committee. This plan shall include a 40-foot landscaped setback
along the Seal Beach Boulevard frontage containing the existing eucalyptus
tree row.
M4. An inventory and relocation plan for existing trees on-site shall be
submitted to the Development Services Department for approval prior to
issuance of building permits. Where trees cannot be relocated the City shall
require the replacement of mature trees pursuant to the following ratios: a)
eucalyptus: 4 to 1 using 24-inch box trees and b) non-eucalyptus: 2 to 1 using
36-inch box specimens.
M6. A Eucalyptus Tree Removal Permit shall be obtained by the project
proponent as required for the proposed removal of on-site eucalyptus trees with
a trunk diameter greater than 12 inches prior to or concurrent with tentative
parcel /tract maps or grading permits. (This measure has been complied with
through the approval of Eucalyptus Tree Permit 99-1, approved by the Planning
Arca B,Prelim Landscape PtanCC Status Mara 4
City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
Commission on April 21, 1999, and re-approved by the City Council on August
23, 1999. Please refer to Attachments 2 and 3)
M 10. Prior to issuance of a building permit, a lighting plan for the project
site specifying the location and type of all exterior light sources, including street
lights, parking lot and driving range lights, shall be prepared and submitted to
the Department of Development Services for approval. The project proponent
shall reimburse the City for the costs of an independent third party review of
lighting plans.
M13. The landscape plan for the project shall concentrate landscaping
along the periphery of the site and in other areas to minimize impacts on
adjacent uses from automobile headlights and other light sources.
FISCAL IMPACT
None. Costs of development of the Landscape Development Plan are the responsibility of the Bixby
Ranch Company.
Attachments: (4)
Attachment l: "Preliminary Landscape Development" plan and "Preliminary
Landscape Development Plan & Plant Material Photos of Old
Ranch Town Center", prepared by DiLallo Landscape Architecture,
Inc., dated April 17 and April 25, 2000, respectively. (Previously
provided to City Council)
Attachment 2: Planning Commission Minutes, April 21, 1999
Attachment 3: City Council Resolution No. 4743, adopted August 23, 1999 (re-
approval of Eucalyptus Tree Permit 99-1)
Attachment 4: Photos of similar greenbelt landscaping
* * * *
Area B,Prelim Landscape PIan.CC Status Memo 5
City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
ATTACHMENT 1
"PRELIMINARY LANDSCAPE DEVELOPMENT"
PLAN AND "PRELIMINARY LANDSCAPE
DEVELOPMENT PLAN & PLANT MATERIAL
PHOTOS OF OLD RANCH TOWN CENTER",
PREPARED BY DILALLO LANDSCAPE
ARCHITECTURE, INC., DATED APRIL 17 AND
APRIL 25, 2000, RESPECTIVELY
Area B,Prelim Landscape PIaaCC Status Memo 6
PRELIMINARY LANDSCAPE DEVELOPMENT PLAN
& PLANT MATERIAL PHOTOS
OF
OLD RANCH TOWN CENTER
FOR
MR. RON BRADSHAW
BIXBY RANCH COMPANY
3020 OLD RANCH PARKWAY, SUITE
SEAL BEACH, CA 90740
DiLALLO LANDSCAPE ARCHITECTURE, INC.
APRIL 25,2000
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• City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
ATTACHMENT 2
PLANNING COMMISSION MINUTES, APRIL 21, 1999
Area B,Prelim Landscape PIan.CC Status Memo 7
City of Seal Beech Planning Commission- Minutes of eta April 21, 1999 Meeting
' 1 Mr. Whittenberg suggested that the wording 'not to exceed 42.25 square feet in size' be
2 added to condition number 1. For clarification purposes, Mr. Steele stated that the
3 42.25 square feet be added to condition number 2 since this condition relates to plans.
4 The worsting added to the condition should read: 'except that the maximum area of the
5 covered roof access structure shall not exceed 42.25 square feet.'
6
7 SECOND by Cutuli.
8
9 Chairman Brown clarified that the motion is to approve the height variation and to
10 reduce the size of the covered roof access structure from 52.50 to 42.25 square feet.
11
12 MOTION CARRIED: 4 — 1
13 AYES: Brown, Cutuli, Lyon and Hood
14 NOE: Larson
15
16 Mr. Steele advised there is a ten-day calendar appeal period to the City Council. The
17 Commissioner action is final tonight and the appeal period begins tomorrow morning.
18
19 A ten-minute recess was called at 9:20 p.m.
20
21 The meeting reconvened at 9:30 p.m.
22
' 3 5. Eucalyptus Tree Permit No. 99-1 (continued from April 7, 1999 meeting)
24 Bixby Old Ranch Towne Center Project
25
26 Applicant/Owner: Bixby Ranch Company
27 Request: Remove of all eucalyptus trees greater than 12-inches in
28 diameter, measured 4.5 feet above grade, in conjunction
29 with the proposed Bixby Old Ranch Towne Center Project.
30 The areas where the trees will be removed include the entire
31 project area, except for the historic eucalyptus grove area
32 along Seal Beach Boulevard and the golf course area.
33
34 210_112=
35 Mr. Whittenberg delivered the staff report (Staff report on file in the Planning
36 Department for inspection.) Responses to the issues raised at the previous staff
37 meeting are addressed in the supplemental staff report. Included in the report is
38 information from the development agreement relating to the removal of eucalyptus
9 trees. The tree permit request is a follow-up permit application that is required by City
40 ordinance specifically regarding eucalyptus trees. For clarification, Mr. Whittenberg
41 stated that this permit is not for removal of trees along the landscape area along Seal
42 Beach Boulevard. The arborist for the developer submitted a letter addressing some of
43 the concerns raised at the last meeting and Mr. Whittenberg discussed some of these
issues.
Papa 10
City of Seal Beach Planning Commission- Minutes of the April 21, 1949 Meeting
1
(1 Commission Questions to Staff
2 Commissioner Cutuli asked where the replacement trees would be planted. Mr.
3 Wittenberg responded that it is unknown at this time and the landscape plans will be
4 submitted once building permit applications we submitted. Mr. VVhittenberg also
6 mentioned that most of the replacement trees would not be planted in the same location
6 that they are in now.
7
S Commissioner Cutuli then asked if the trees would be replaced with like for like. Mr.
9 Wittenberg responded that the eucalyptus trees needed to be replaced with of
10 eucalyptus and other non-eucalyptus trees could be replaced with different species than
11 what originally existed. Commissioner Cutuli further explained that his concern that
12 existing tall eucalyptus trees may be replaced with a eucalyptus species that does not
13 grow as quickly. Mr. VVhittenberg explained that the staff and the arborist were aware of
14 these concerns, but there is no Code or development agreement requirement that
15 similar species be replaced.
16
17 Commissioner Larson asked if the conditions to the number and type of trees to be
18 replanted had been decided by a contract with the City through the Council. Mr.
19 Whittenberg responded that that was correct.
20
21 Mr. Whittenberg corrected an item from page 8 from the staff report that the actual
22 number of trees to 1,220 trees will be replaced, not 1,620. Staff recommends approval )
23 of the proposed tree permit through resolution number 99-6 that is found in the staff
24 report from April 7, 1999.
25
26 public Hearing
27
28 Chairman Brown opened the public hearing.
0 Ron Bradshaw • Bixby Ranch Company
1 Mr. Bradshaw stated that the intent was not to avoid coming back with an application for
2 the area identified as the windrow and that the trees outside of that area were always
contemplated for removal as part of the project. The arborist has gathered the
background information for the removal of trees within the windrow area and that
information will be discussed with Mr. Whittenberg and the City's tree committee. Mr.
Bradshaw also stated that a landscape architect had been consulted with since the last
7 meeting for perimeter landscaping. The intent of the developer is to enhance the
windrow area and place trees throughout the rest of the properties. Mr. Bradshaw
9 anticipates that a landscape plan will be available when additional applications are
40 submitted for development of the various parts of the project. Mr. Bradshaw mentioned
41 that Ph. Appiegate (the arborist) was available for questions.
42
43 Sandra MacSween • 12200 Montecito
44 Ms. MacSween questioned why items number 5 and 6 were before the Commission is
45 the project has been approved already. Ms. MacSween stated that she was pleased
l46 that the developer and the City had taken an interest in preserving the trees but was
Page 11
City of Seal Beech Planning Commission- Minutes of the April 21, 1999 Meeting
1 concerned that the trees were being seen as two different issues and that they should
2 be considered as one issue. Ms. MacSween stated that in her discussions with Mr.
3 Whittenberg that the trees between Lampson Avenue and St. Cloud would remain
4 intact. Mr. Whittenberg clarified that the area is the prime preservation area, but that
6 the diseased and damaged trees will need to be removed. Ms. MacSween asked that
6 the Commission do the least amount of damage possible to the trees since the project
7 has been approved already.
8
9 Ms. MacSween made a statement regarding the changing architectural appearance of
10 Main Street.
11
12 Sue Corbin • 240 7"' Street
13 Ms. Corbin had a question about the sufficiency of the environmental impact report
14 regarding habitats and why the project was not subject to California Coastal Act
15 requirements.
16
17 Rea Clewlev • 940 Catalina Avenue
8 Mr. Clewley opposes the application and that the discussion regarding the project this
9 evening is mute. Mr. Clewley stated his observation of heavy equipment along the
• windrow.
r1
22 Commissioner Hood had a question about the removal of trees and their effect on the
3 windrow. Mr. Applegate explained how groves develop and the effect of wind along the
24 groves. Mr. Applegate stated that in this particular situation, the proposed irrigation will
25 assist in making some of the trees less susceptible to wind damage. Commissioner
•6 Hood asked if the presence of heavy equipment could cause root damage to trees. Mr.
•7 Applegate responded that compaction could damage the root system. He also stated
•8 that himself, Mr. Bradshaw and the consulting engineers had been at the site today and
29 did not see any heavy equipment near the windrow.
30
31 Chairman Brown Dosed the public hearing.
32
33 Commission Deliberation
34 Commissioner Lyon had no comments.
35
36 Commissioner Cutuli had no comments.
37
38 Commissioner Hood commented that he felt embarrassed for delaying the matter since
39 he was expecting a copy of the windrow plan but did have sufficient information at this
40 time to evaluate the application. Commissioner Hood remarked that this process is to
41 inform the public so that it could be understood and reassure them that the project is
42 being done the best way posslole. Commissioner Hood then made several comments
43 about development in the Seal Beach area.
44
Commissioner Larson had no comments.
46'
Pape 12
City of Seal Beach Planning Commission- Minutes of the April 21, 1999 Meeting
l
1 Chairman Brown had no comments.
2
3 Mr. Steele stated for clarification purposes that the environmental impact report had an
4 extensive review of biological resources and habitats. W. Whittenberg stated that the
5 Coastal Zone boundary within the City does not exceed north of Westminster Avenue
6 and the boundary has not changed since the inception of the Coastal Act.
7
8 MOTION by Larson; SECOND by Lyon to approve Eucalyptus Tree Permit 99-1 through
9 Resolution No. 99-6.
?_,I
10
11 MOTION CARRIED: 4— 0
12 AYES: Brown, Cutuli, Larson and Lyon
13 ABSTAIN: Hood
14
15 Mr. Steele advised there is a ten-day calendar appeal period to the City Council. The
16 Commissioner action is final tonight and the appeal period begins tomorrow morning.
7
18 6. Vesting Tentative Tract Map Number 15797
19 Seal Beach Boulevard and Rossmoor Center Way— Bixby Old Ranch Properties
20
21 Applicant/Owner: Bixby Ranch Company
22 Request To approve a 75-lot residential subdivision with recreation
23 facilities and private roadways in conjunction with the
24 approved Bixby Old Ranch Towne Center Project.
25
26 Staff Reoort
27 Mr. Whittenberg delivered the staff report. (Staff report on file in the Planning
28 Department for inspection.) The request is a vesting tentative map application for the
29 creation of 75 residential lots in conjunction with the Old Bixby Towne Center Project.
30 The project was initially approved by the City Council and this application is for the
31 specific subdivision design. The vesting map complies with the conditions of approval
32 of the General Plan Amendment, Zone Changes and the stipulations of the
33 development agreement that limit the number of residential parcels to 75.
34
35 The proposal is to place a 75 lot residential subdivision at the northern portion of the
36 development near Seal Beach Boulevard and Rossmoor Center Way. The proposed
37 park exceeds the cities land dedication by approximately 70%.
38
39 The Planning Department and City Engineer have reviewed the vesting map and
40 conditions of approval we included. The 111 conditions of approval we based on
41 mitigation measures of the environmental impact report (EIR) and the Planning and
42 Engineering Departments of the City.
43
44 Staff is recommending two changes to the conditions of approval. The 10-foot
J
45 landscape area is created by a recorded easement to ensure that no structures could
46 be placed in this area and the responsibility of maintenance will be with the property
Page 13
City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
ATTACHMENT 3
CITY COUNCIL RESOLUTION NO. 4743,
ADOPTED AUGUST 23, 1999 (RE-APPROVAL OF
EUCALYPTUS TREE PERMIT 99-1)
Area B,Prelim Landscape PIan.CC Status Memo 8
RESOLUTION NUMBER
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF SEAL ,BEACH APPROVING
EUCALYPTUS TREE PERMIT 99-1 (BIXBY
OLD RANCH TOWNE CENTER PROJECT)
THE CITY COUNCILOF THE CITY OF SEAL BEACH DOES HEREBY
FIND,DETERMINE AND RESOLVE:
Section 1. The}ming Commission held a properly notioed public Bearing
regarding Eucalyptus Tree%mit 99-1 an April 21, 1999, and approved the project
•
trough the adoption OC?laeeieg Commission Rssokrtios 99-6 Oa August 3, 1999,the
Omar County Superior Quo issued a writ in the matter of City d Los Alamitos, a 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 or the Final FIR, subject to and
pending further Court order.
Section 2 Pursuant to 14 Calif Code of kegs § 15025(a) and §§ II C and ID
of the City's Local 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 Local 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 Cit}
Council adopted City Council Resolution No 4660,certifying the Final FIR and adopting
a statement of overriding considerations On August 23, 1999, the City Council
conducted a public bearing to consider revisions to the FIR and a tatemeru of overriding
considerations pursuant to the August 3, 1999 writ issued by the Orange Couuny 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 res retaoa
Sadism 3. Puramit so the Atom 3 Writ, the City Council held a public
lining on August 23, 1999 to consider approving this conditional we pewit.
•
f $ancon 4. Tr sward of the !burring Commissioe hearing of April 7 and
r .Cif 4 Awl 11.1999 ssdcalaas tY .
41;� ,_. a • Oa Mid 17, 1999, Bixby Ranch Company Or 'APplicasr")
riled applications we the Department of Development Services for parnita 4o remove
-', .ncalyptus trees as a aompeeem die >ocby Oid Ranch Towne Com project
• ire.
b. Specifically,The applicant is proposing to remove eucalyptus trees
• as the subject property as a component of the Bixby Old Ranch Towne Cerner project
implementation, located st the nort}tast and southeast corners of Seal Beach Boulevard
c Yh caaamarai,UEroy}w Pawl WI et'naw(It e.Meal)do:lII'OLJ•„
and Lampson Avenue More specifically, the following eucalyptus tree removals have
been requested
)
o Area A Shopping Cass - Permit request to remove all eucalyptus trees within
this area (Note this permit does not include any eucalyptus trees within the 40'
wide windrow to be dedicated by right or easement to the City) The report of the
erboria indicates there are 100 eucalyptus trees subject to the permit requirements
within this ria,and all of these trees will be removed
o AnaliostiWicinktvidemiscant - Paresis towels so remove $4 eucalyptus
trees within this area (Note this permit does not include any eucalyptus trees
within the greenbelt area to be dedicated by tight or easement to the City) The
span of the arborist indicates there we 96 eucalyptus trees aubjec to the permit
requirements within this wee,and 12 oldest trees will be retained.
o Area C Golf Carne-Permit repeat to remove 121 eucalyptus trees within this
area The project epplioaat iediates there we 334 eucalyptus trees subject to the
permit requirements within this arise aid 113 of these trees will be retained
c. Chapter 7D of the Code of the City of Seal Beach sets forth the
standards for the grunting of eucalyptus tree permits.
d The City Council adopted "Mitigation Monitoring Program" for
the Bixby Old Ranch Towne Center project establishes a number of specific action
measures which have been proposed to reduce the identified environmental impacts of
the requested eucalyptus tree removals to a level of insignificance in relation to this
development application The applicable mitigation measures are conditions of approval
for Eucalyptus Tree Permit 99-1 (5 mitigation measures), and are incorporated herein by
reference
e The report of the arborist, Greg Applegate, indicates the following
regarding the subject eucalyptus trees,by area
o Area A -all or nearly all of the eucalyptus have been topped or severely treaded.
litany appear to be coreposed of stump sprouts and abwost no seedling are
growing in this area. Swollen bares udcate internal decay on many of the
eucalyptus As one would aspect, trees that haver had poor care or have been
tapped have generally lower ratings. Almost no trees were rated at 10. The
average structural condition was 5.67%. The average health rating was 3.98%.
Thu average rod condition was 5.66. Topped trees are rarely rated over 3 and
topping effects both the structured condition, the health and rod caution. In
this project many trees are in poor health, most haw been tapped others have
adwaxed decoy from poo pruning in the past, ad still others haw defects that
are not cnrreciable. Trees !Law bfe-span and this stock of trees is. thie to
improper pruning ad environmental factors in effect "elder/y".
o Area B-In contrary to the findings gs qlthe IIA all or waarly all of she eucalyptus
!have been tapped or severely headed and almost no seedling are growing in this
area The eecalyprsa growing eking the aide q/the Son Diego Freeway are
sopped wry severely because they are nadir the power lines Otherwise this
groat of aces B M slightly better condition doer Area A. Al one would expect,
trees that haw ewes pelted by tor ban:or how been topped how generally lower
maws No ries were rats dat 10. The average tutees of condition was 4.77%.
The average health mein ww 3.03. The average trod condition war 4.66.
Taped sneers ire .ere& rooted over 3 and t ppsg effects both the trucrunal
covd'tiort, ower health wed root condition. As a grow the trees in Are B have
grown past esoi 5' ase aid an a sbr beer part of their hers. In as project
Harry gees ore in poor health or Mw been topped end still others how defects
that our not correctable. Trees Mw life-.quarts and this stock of trees is, due to
improper priming ad envirarrwaw!factors, to effect "elderly. Trees that are
• oibviaurs, irreversible decline or aro conspicuous hazard trees are )
recommended for r moval."
Section 5 Based upon the facts contained in the record,including those stated
in it of this resolution and purauuu to Chapter 7D of the Cny's fit. the City Council
adopts the findings of the Manning Commission and makes the following findings
a The requested eucalyptus tree removal permits are within the scope
of the analysis contained within the Bixby Old Ranch Towne Center Environmental
Impact Report,A;remised,and a further eaviroorsteetal aataJysis is required
b. Eucalyptus Tree Permit 99-1. a request to remove 305 eucalyptus
trees within the Bixby Old Ranch Towne Center project area is consistent with the
ataada-ds for granting permits of CJhepter 7D of the Cade of the Civ of Seal Beath for
the following reasons:
0 The o todition of the atsnfvpazs tradal with rrsoetx to disease. darter of falling_
As indicated by the eonsuhing
arborist,regarding taw tr+aas withal l Area A'. . .tailor nearly dl cedes eucalyptus
have been tapped or atrve ely headed awry appy to he ociesposed of stump
sprouts and almost aro seedling we grown m this arra Sbol/err Ames bdicate
internal decay OR wary of the eucalyptus As ane world expect, trees that have
had poor care or have been topped how generally lower ratings. Almost no trees
were rated at 10. 77w average structural cadition vias 5.67%. 77w ~rage
health rating»vas S.98 77w average root condition Ircu 5.66. Topped trees are
rarely rated over S and topping effects both the structural condition, the health
and root condition. In this project marry trees we in poor health, most haw been
tapped others have advanced decay from poor pining in the post, and still
others have defects that we not correctable. Trees hove life-spars and this stock
of trees is, due to improper pruning and environmental factors, in effect
"elderly'
The consulting arborist indicates the following for the trees within Area B ''In
corm=to the ftndrngs of the FIR dl or nearly all of the eucalyptus haw been
topped or severely headed and almost no seedling are growing in this area The
eucalyptus growing along the side of the San Diego Freeway are sapped verb
severely because they are under the power lues. Otherwise this group of trees is
in sightly better earadntton than Area A As one world expect, trees that haw
been pelted by golf balls or have been topped have generally lower ratings No
trees were rated at 10. The average structural condition was 4 77h. The
average health rating was 5.05. 77w average root condnnon was 4.66. Topped
trees are rarely rated over S and tapping effects both the structural condition, the
health old root condition As a group the sees in Area B how grown pest middle
age ad we in the latter pan of their lives. In this project heap trees are in poor
health or haw been sopped ad still others haw defects that are not correctable
Tats have life-spans and this stoat of trees is. aline to improper prwung and
environmental factors, in effect "elderly". Trees that are in obvious, irreversible
decline or we corspicwass hazard trees are recnwme ted for removal.
As istdioted by the consulting arborist, 'The esccolyprrs:rowng Bang the side of
Ow Sar Argo Freeway we tipped miry severely because they we seeder thepower
D
oggloczungging Area A is tgproninwdy 25-acres in arae are dee required
tae iupboe neat poems would reigiite a weal or 100 sew emalypas arses to be
prones! io mane lie 100 existing Dees so be terecnad, either within or
murex iatety ataoent es this proposed shopping center devdopmatt. The site is
adequate in viae and drape to a000munodate this number of trees Area B is
approximately 13.7 acres in area, including the 5-acre greenbeh area to be
dedicated in fie or by easement to the City, aid the required tree replacement
program would require a total of 336 new eucalyptus trees to be provided to
aepiaae dee $4 existing tress to be removed, either within or immediately adjacent
to this proposed development. The site is adequate to size and shape to
accommodate this number of trees. Area C is approyimatel10 acres in area and j
will comprise the reconfigured Bixby Old Ranch Golf Course. and the required
tree replacement program would require a total of 483 new eucalyptus trees to be
provided to replace the 121 existing trees to be removed, either within or
immediately adjacent to this proposed development. The site is adequate in size
and shape to acaoannodase this number of trees.
Overall, a iota) of 305 eucalyptus trees are requested to be removed, and 1,220
new eucalyptus trees will be required to be planted in accordance with the adopted
`rtuuta.xvn measures'.
o The extent to which ahernative denkipment_pians which do not endanger trees
cannot achieve the same intensity of uses as the prpposed glans_ and the extent tp
which the cost of alternative develpipment plans is prohibitive: The City Council
uxtsidered several aha•oatives to the approve~) project which were discussed and
evaluated within the 'Alternatives' section of the Bixby Old Ranch Towne Center
ER. The City Council ultimately determined to certify the EIR, approve the
project, and adopt the appropriate Statement of Findings and Overnding
Considerations. The requested eucalyptus tree removal permits are within the
scope of the certified Elk and reflects the project as approved and as conditioned
by the City Council in its adoption of the `Mitigation Monitoring Program
Further, the report of the project arborist indicates. `/tl the 'Matrix of Findings
and recommendations a large number of trees hale h:eel recommended f,r
removal 117ule tree presenutlill is a w urthw Jule and e.ononneu/h arra.t,,,
goal there are mangy utuaikes where the cast of preservation outwelgll, funtr,
benefits to he gained In thl%project man) trees are in poor health must ha',
heen top/e•J, other.+ hare advanced desert from poor pruning in the post. anJ still
others hale defects that are not correctable Trees have life-spans ata/this Ann.A
of trees 1.A, due 10 Improper pruning and environmental ((sass. in e.f/e t
-elder/i-. Trees that are In obvious. irreversible decline or are hazard trees ars'
re(.cumnte tlJed fig-removal
c Required adherence to applicable mitigation measures ss II ensure
that all appropriate actions to reduce environmental impacts to a Ieel of insignificance
are completed and an adequate number of replacement trees will he pro%ided in
accordance with the adopted "Mitigation Monitoring Program for the requeaed
eucalyptus tree"removals
Section 6 Based upon the foregoing. the Citi Council herehappro es
Eucalyptus Tree Permit 99-I, subject to the following conditions
Eucalyptus Tree Permit 99-1 is approved for the following tree removals
within Areas A.B and C
o Area A• Shopping Center - Permit request to remove all eucalyptus trees
within this area (Note this permit does not include an eucalyptus trees
within the 40' wide windrow to be dedicated by right or easement to the
City) There shall be no more than 100 eucalyptus trees removed from this
area A total of 400 new eucalyptus trees shall be provided to replace the
J00 existing trees to be removed, either within or immediately adjacent to
this proposed shopping center development.
o Ara B lnstnutionalfiaelhratwranr - Permit request to remove 84
eucalyptus trees within this area (Note this permit doves not include am
eucalyptus trees within the greenbelt area to be dedicated by right or
easement to the City) There are 96 eucalyptus trees subject to the permit
requirements within this area, and not more than 84 of these trees arc
permitted to be removed A total of 316 new eucalyptus trees shall be
provided to replace the 84 existing trees to be removed, either within or
immediately adjacent to this proposed development.
o Area C Golf Course - Permit request to remove 121 eucalyptus trees
within this area The project applicant indicates there are 234 eucalyptus
trees subject to the permit requirements within this area. and 113 of these
trees will be retained Not more than 121 trees shall be removed in this
area Abd of 484 new eucalyptus trees to be provided to replace the 121
existing trees to be removed, either within or immediately adjacent to this
propos develo'pmersi-
2 All w>Kalypius tree removals and the replanting program shall be in
accordance with the reports submitted by the consuhing arborist, Greg
Applegate, relating to Area A and Area B, respectively dated February 19,
1999 and March 10, 1999.
3 Not more than 100 times shall be removed from Area A Not more than 84
trees shall be removed from Area B. Not more than 121 trees shall be
removed from Aria C.
4 All eucalyptus tree removals shall be in compliance with Mitigation Measures
G-11,G-13,M-1,M-5 and M-6,as adopted by the City Council on August 23.
1999
5 This Eucalyptus Tree Permit shall not become effective for any purpose
unless an "Acceptance 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) dad appeal period
has elapsed
6 A modification of this Eucalyptus Tree Permit shall be obtained when the
property owner proposes to modify any of the conditions of approval for this
Eucalyptus Tree Permit
7 The Planning Commission reserves the right to revoke or modify this
Eucalyptus Tree Permit if any violation of the approved conditions occurs.
any violation of the Code of the Cita of Seal Beach. occurs. or for those
reasons specified by Article 28, and in the manner specified in Article 25. of
Chapter 28 of the Code of the City of Seal Beach
8 This Eucalyptus Tree 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 Department of Development Services a minimum
of ninety(90)days prior to such expiration date
PASSED, APPROVED AND ADOPTED by the City Council of the City of seal
Beach at a-meeting thereof held on the •
day of
, 1999,by the following vote:
•
AYES: Canncilmernbers • ,
NOES: Cohncilmembers r
ABSENT: Cancilm hers
Mayor
ATTEST.
City Clerk
STATE OF CALIFORNIA
COUNTY OF ORANGE } SS
CITY OF SEAL BEACH
1, )cane M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the
foregoing resolution is the original copy of Resolution Numbcr - •- on file in
the office of the City Clerk, passed, approved, and adopted by the City. Council of the
City of Seal Beach, at a regular meeting thereof held tin the = day
of , 1999.
Cit) Clerk
• City Council Status Memo-Area B Preliminary Landscape Plan
Bixby Old Ranch Towne Center Project
May 22, 2000
ATTACHMENT 4
PHOTOS OF SIMILAR GREENBELT LANDSCAPING
Area B,Prelim Landscape PIan.CC Status Memo 9
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