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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from Santa Fe Springs Waste Water Disposal Company(predecessor in interest to the City) under an "Abandonment of Superseded State I-Iighway" made by the California Highway Commission in 1965.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Keith R. Till Development Services Departm: City Manager Attachments: (2) Attachment 1: "Quitclaim Deed"—Abandonment of Superseded State Highway Attachment 2: "Quitclaim Deed"—Grant of Easement Quitclaims,SFS w water Co cc Ste-Report 2 J Approval of Quitclaim Deeds-Bixby Old Ranch Towne Center Project,Area B City Council Staff Report May 22, 2000 ATTACHMENT 1 "QUITCLAIM DEED" - ABANDONMENT OF SUPERSEDED STATE HIGHWAY Quiedaima,SFS waste water Co.cc Staff Report 3 F-ila yp "rZ i f\r STATUS MEMO To: Mayor Campbell and Members of the City Council Attention: Keith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. 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'' Q ..\\x, 1 _-- _" • ane IOvae iris • 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 4 Ce Q ' .. J I - z Z • �' ic„..t. wl., ,...,, • t�a a . s a. ...,: /y' ., .QN rti Y' /• / iii t ,&:J111 :Ifsi..:,.:.....A:i.,.•,:,..e..8,wat:i:i*ff,,.:ni:,...i..,:i:i o s ��sars V ,�}��,e fir. 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