The URL can be used to link to this page

Home My WebLink AboutItem O August 23, 1999 STAFF REPORT To: Mayor and Members of the City Council Attention: Keith R. Till, City Manager From: Lee Whittenberg, Director of Development Services Subject: RE-ADOPTION OF ORDINANCES AND RESOLUTIONS RELATING TO BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN: General Plan Amendment 98-1 to Land Use and Housing Elements; Site Plan Review 98-1: General Plan Open Space/Conservation/Recreation, Bicycle Route, Housing, Circulation, and Noise Elements; Zone Change 98- 1; Development Agreement; Tentative Parcel Map No. 97- 165; Tentative Tract Map No. 15767; Vesting Tentative Tract Map No. 15797; Conditional Use Permit 98-15; Conditional Use Permit 98-16; Conditional Use Permit 98- 17; Conditional Use Permit 99-5;Site Plan Review 98-2; Planned Sign Program 98-1; Eucalyptus Tree Permit 99-1 GENERAL DESCRIPTION Applicant: Bixby Ranch Company Kitchell Development Company Marriott Senior Living Services Owner: Bixby Ranch Company Kitchell Development Company Marriott Senior Living Services Location: Bixby Old Ranch Golf Course and Tennis Club Properties AGENDA ITEM (� C:\My Documents\Bixby Towne Center EIR\CC Reconsideration-Ords and Resos.doc\LW\11-0498 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Request: Re-Approve all actions set aside by Resolution No. 4726. Environmental Review: The proposed mixed-use project consists of commercial, residential, recreational, institutional, and open space uses as previously approved by the City Council in November 1998, and as described in the Revised EIR. The EIR approval was challenged by several parties and the City has been instructed by the Court to set aside, vacate, and void Resolution No. 4660 approved on November 23, 1998, certifying the Final EIR for the project; the Notice of Determination filed on November 24, 1998; and any and all actions of any body that rely in whole or in part on the Bixby Ranch EIR. The City Council took that action on August 16, 1999 by adopting Resolution No. 4726. The "Revisions to EIR" document and the Final EIR have been presented to the City Council for certification. Action on these matters cannot be taken unless the City Council has certified the Revised Final EIR and adopted the Statement of Overriding Considerations. Recommendation: After taking public comment during the public hearing, reviewing and considering the proposed General Plan amendments, Zone Changes, Parcel and Tract Maps, Development Agreement, and other land use entitlements, staff recommends the City Council approve the ordinances and resolutions as presented. DISCUSSION: On August 3, 1999,the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City Council to set aside, vacate and void Resolution 4660, Notice of Determination and any and all City actions that relied on the Bixby Ranch EIR. On August 9, 1999, the City Council adopted Resolution No. 4726, setting aside, vacating and voiding Resolution 4660, Notice of Determination and all City actions that relied on the Bixby Ranch EIR. The Bixby Old Ranch Towne Center Concept Plan is a mixed-use development consisting of a variety of commercial/retail, hotel, restaurant, senior care, recreation, residential, and institutional land uses. The nature and extent of this project is identical to the project described in the EIR's project description, with the exception of the changes made prior to the City's adoption of Resolution 4660 (i.e., 75 homes, additional parkland, shifting of the Towne Center north). The substantive language of each of the Ordinances and Resolutions for your consideration tonight is identical to the Ordinances and Resolutions previously approved by the City, with the following exceptions: CC Reconsideration-Ords and Resos 2 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Sta,f)"Report August 23, 1999 Table 1 of the Land Use Element and Housing Element Resolutions has been revised to indicate a maximum of 286,967 square feet at the Towne Center. Please note that those tables are not incorporated into either the Land Use Element and Housing Element. Bixby Towne Center site plan has been revised to reflect a maximum of 286,967 square feet, inclusive, of commercial retail space at the Towne Center. The Ordinances and Resolutions have been revised to incorporate the additional environmental documentation and to include non-substantive modifications. The Court required a confirmation that the Project Description reflects that the shopping center development in Development Area A consists of a maximum of 286,967 square feet of gross leasable area(inclusive of any outdoor ancillary uses). Accordingly, the site plan has been revised to show a maximum of 286,967 square feet of gross leasable area (inclusive of any outdoor ancillary uses). Area A consists of 26.045 acres instead of the 25 acres previously indicated. This change results from shifting the commercial center to the east to accommodate additional eucalyptus windrow preservation mitigation within the creation of a 40-foot parkway. The commercial center is proposed at 286,967 square feet, exactly the size proposed in the EIR. All structural square footage is included in the calculation. The character of the Center is the same as reported in the Final EIR, and the layout is typical for a center of this type. A review of other details comparing the two plans reveals that there are the same number of access points, approximately 64 more parking stalls, no reduction in the required parkways, and only a slight reconfiguration of the footprints of buildings to "right-size" the Center at 286,967 square feet. The net acreage indicated on the plan is 25.29 acres (as opposed to gross acreage of 26.045 acres) which closely corresponds to the approximately 25 acres previously described in the EIR. The residential lot lines are included for illustrative purposes only and are not a component of the Area A site plan for the commercial center. In order to allow for the increased parkway, and to insure that no commercial uses were located south of the intersection of St. Cloud, the entire center was shifted slightly, and enlarged by 1.045 acres. These changes were provided in response to public concerns, and were done prior to the City's certification of the FUR on November 23, 1998. Since the building square footage of the Center did not change with this increase in land area to accommodate the creation of a parkway for tree protection, there was no increase in intensity at all. RECONSIDERATION OF PREVIOUS ACTIONS The City Council has before this evening many items for re-adoption, based upon the Writ of the Court ordering the City to vacate these actions. The following summarizes each item: 1. REVISED ITEMS CC Reconsideration-Ords and Resos 3 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 a) Land Use Element Resolution and Housing Element Resolution The Land Use Element serves as the central framework for the entire General Plan and is intended to correlate all land use issues into a set of coherent development policies. The Housing Element sets forth the City's local housing policy and includes information on existing housing conditions and constraints, as well as opportunities for expanding and improving the housing supply. The Resolutions have been revised so that Table 1 (see below) indicates that the Old Ranch Towne Center is 286, 967 square feet, inclusive of the outdoor garden center, and 26.045 acres, and the acreage tables within each Element have been revised to reflect the 26.045 acres. CC Reconsideration-Ords and Resos 4 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 TABLE 1 PROPOSED PROJECT LAND USES A 26.045 Old Ranch Towne Center 286,967 square feet acres (includes commercial/retail and restaurant uses, includes a 10,000 square foot outdoor garden center) B 13.57 Old Ranch Business Hotel, Restaurant(s)and acres Senior Care Facilities • Hotel 104 rooms • Restaurants(2) 15,000 square feet • Senior Assisted Living Facility 90 units • Senior Alzheimer's Care Facility 25 beds • Senior Skilled Nursing Facility 45 beds • Greenbelt 5.0 acres C 157.29 Reconfiguration of Bixby Old Ranch Golf 157.29 acres acres Course and provision of a Public/Private Driving Range(including sod faun) D 15.649 Bixby Village acres • Single Family Homes 75 Single Family • 2.5 acre Community park Homes • Community Police Facility 2.5 acres 0.16 acres E 6.735 Old Ranch Tennis Club 6.735 acres acres (dedication of existing tennis club to the City for public recreation purposes and its conversion to public use) TOTAL 219.286 acres b) Site Plan Review 98-1,Revision # 2 The revised site plan reduces the square footage from the previously approved 286,967 square foot center plus 28,100 square foot Outdoor Garden Center(Revision#1) to a total of 286,967 square feet (inclusive of a 10,000 square foot Outdoor Garden Center). This CC Reconsideration-Ords and Resos 5 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 request results in a reduction of 28,100 square feet (8.9 % reduction). Prior to Revision #1, the site plan approved by the Planning Commission in December, 1998, was 299,000 square feet, plus a 28,100 square foot Outdoor Garden Center. Thus, the site plan has been reduced approximately 14%. Building Footprint(net) 286,967 square feet* 26.0% coverage Parking Footprint 735,618 square feet 66.8% coverage Landscaping Footprint (net) 79,000 square feet 7.2% coverage Note: * includes 10,000 square foot Outdoor Garden Center The plan proposes to provide 1,564 parking spaces, an increase of 153 parking spaces (10.8% increase) from the previous revised site plan approved. The revisions to the approved site plan are to the allowed building areas for the various structures. No changes to the location of the structures, the parking lot arrangement, the access points to the shopping center, the internal circulation pattern of the shopping center, the required landscape easement along Seal Beach Boulevard, or the remaining landscaped areas of the project are proposed. The requested reduction in building area and the increase in parking does not create any environmental impacts. Pursuant to the Writ, each of these items must be reconsidered in light of the Revised Final EIR. 2. ADDITIONAL ITEMS General Plan Elements The previously approved General Plan amendments in which there are no substantive changes are to the "Open Space/Conservation/Recreation", "Bicycle Route", "Circulation" and "Noise" elements of the General Plan. These amendments provide internal consistency between the various general plan elements and between the General Plan and the Bixby Old Ranch Towne Center development. Pursuant to the Writ, each of these General Plan Amendments must be reconsidered in light of the Revised Final EIR document. Open Space/Conservation/Recreation Element This element defines open space and classifies various types of open space, identifies those parcels being used for open space purposes and discusses in concept future open space needs of the community. This amendment adjusts the number of acres of various recreation and open space uses already identified in the General Plan to conform with the CC Reconsideration-Ords and Resos 6 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 proposed development in relation to the Bixby Old Ranch Golf Course and Tennis Club. Most significantly, this amendment will provide that the golf course property will be limited to open space/golf uses for at least a thirty (30) year period, that the Tennis Club facility has been offered for dedication to the City, that a 5-acre open space buffer will be provided around the Lampson Avenue/Seal Beach Boulvard/I-405 property, and that a 2- 5-acre park facility will be provided in conjunction with the 75-lot residential subdivision. Bicycle Route Element This element of the General Plan indicates the location of existing and proposed bicycle routes within the City. This amendment clarifies the provision of off-street bicycle routes as proposed in the Bixby Old Ranch Towne Center plan. Circulation Element This element provides direction to the City in its efforts to attain a feasible and efficient system of transportation, incorporating many modes of transportation in a manner that will best serve the residents of Seal Beach and still blend with a regional transportation network. In providing this direction, this element is designed to satisfy State requirements regarding general plans and circulation elements. This amendment is minor in nature, indicating that impact fees from the Bixby Old Ranch Towne Center plan will be utilized, in addition to other City revenue sources, for the widening of the Seal Beach Boulevard overpass at the I- 405 Freeway. Noise Element The Noise Element identifies noise sources within the City and the impacts of those noise sources on land uses within the City. This amendment updates noise level information at certain locations within and adjacent to the Bixby Old Ranch Towne Center project. Zoning Amendments Pursuant to the Writ, each Zone Change Ordinance must also be reconsidered in light of the Revised Final EIR document. Provided below is a brief overview of each Zone Change: Zone Change 98-1 — Amendments to Zoning Map to maintain consistency between the Zoning Map and the General Plan: u Tennis Club Site—General Commercial (C-2)to Public Land Use(PLU) ❑ Development Areas "A" and "B" — General Commercial (C-2) and Recreation- Golf(R-G) to General Commercial (C-2) u Development Area "C" — General Commercial (C-2) and Recreation-Golf(R-G) to Recreation Golf(R-G) CC Reconsideration-Ords and Resos 7 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 o Development Area "D" - General Commercial (C-2) and Recreation-Golf(R-G) to Residential Medium Density (RMD) Development Agreement Pursuant to the Writ, the Development Agreement must be reconsidered in light of the Revised Final EIR document. The Development Agreement specifies duties and responsibilities of City and Bixby Ranch Company to ensure project completion and compliance with all mitigation measures and conditions, as approved and adopted by the City Council in certifying the EIR , as revised, and adopting the Mitigation Monitoring Program. Additional project enhancements are also set forth within the development agreement. The basic purpose of the development agreement is twofold. For the City's benefit, the development agreement formalizes the developer's duty to construct and/or fund a number of public improvements on a specific schedule, and requires the developer to dedicate the Bixby Old Ranch Tennis Center and other open space areas as part of the project. In exchange for these promises by the developer, the City would commit not to change the laws and policies applicable to the development of the proposed project and to "vest" the developer's right to develop the property as of the effective date of the development agreement. Subdivision Maps Pursuant to the Writ, each of the maps must be reconsidered in light of the Revised Final EIR document. Parcel Map No. 97-165 This Parcel Map would allow the parcelization of the 13.67-acre commercial site at the intersection of Lampson Avenue and Seal Beach Boulevard, creating four parcels for the proposed Brighton Gardens Senior Care Facility, the proposed Country Suites hotel site , and two restaurant sites. This 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 along the north-bound 1-405 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-roan bicycle paths, in addition to pedestrian walkways. Tract Map No. 15767 CC Reconsideration-Ords and Resos 8 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 This map creates the 26.045-acre "retail-commercial" site and further parcelizesthe "retail-commercial" site into 8 commercial parcels, with reciprocal access easements for all these parcels. The map also indicates a dedication of 1.201 acres of landscaped easement area along Seal Beach Boulevard to the City of Seal Beach across the entire frontage of the "commercial-retail" parcels, with that landscaped easement area being a total of 40 feet in width, including a reserved area 30-feet wide for landscaping and pedestrian walkways. The purpose of this landscaped easement area is to provide protection for as many of the existing eucalyptus tree row along Seal Beach Boulevard as possible, provide screening of the proposed developments and allow for off-road bicycle paths, in addition to pedestrian walkways. Vesting Tentative Tract Map No. 15797 VTTM 15797 creates the interior roadways, the proposed residential subdivision, the proposed open space and community park area, and a parcel of land to be developed with a police substation/community television studio. This map subdivides the 15.64-acre parcel into 75 single family residential lots; private roadways, open space and community park areas; and a 50' x 130' lot for locating the community police facility/television studio. A summary of the proposed subdivision is provided below: ❑ 75 single family residential lots, with minimum lot sizes of 4200 square feet, and an average lot size of 4,914.73 square feet [minimum lot size of 2,500 square feet permitted in the Residential Medium Density (RMD)Zone] ❑ private street, utility, open space and community park lot, comprising 7.029 acres o lot, 50' x 130', for utilization by the City for a community policing/television studio facility o Private roadway system, only providing access to the residential subdivision with a single access point at the intersection of Seal Beach Boulevard and Rossmoor Center Way. Section 21-32.C.2 requires the dedication of 762 square feet of land area for each single- family residence for park dedication purposes. The proposed 75-lot subdivision would require 57,150 square feet (1.31 acres) of dedicated park land. The proposed park area is approximately 99,000 square feet (2.27 acres), approximately 73% more land dedication than required by the provisions of the Code of the City of Seal Beach. During the Planning Commission consideration, question regarding access from the residential community into the commercial center and emergency vehicle access were raised. In response to those questions, the applicant has provided supplemental drawings indicating an access point between the residential community and the shopping center immediately to the rear of Lot 77. In addition, an emergency vehicle access "crash gate" is proposed to be located at the southerly side of the intersection of"B" Street and "F" Street. This access location will provide sufficient maneuvering area for Orange County Fire Authority vehicles to access all areas of the residential subdivision if the main access roadway at Seal Beach Boulevard is not accessible. Staff recommended the Vesting Map CC Reconsideration-Ords and Resos 9 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 be conditioned to reference the approval of these additional access points into the residential subdivision. Additional permits The following permits have previously been issued by the City. Pursuant to the Writ, each approval must be reconsidered in light of the Revised Final EIR document. Conditional Use Permit 98-15 Proposal to build a three-story and a one-story structure to house a 160-bed facility (90- bed assisted living facility, 25-bed Alzheimer's care facility and a 45-bed skilled nursing facility), parking lot, landscaping and other ancillary facilities on property located approximately 500 feet east of the southeast corner of Lampson Avenue and Seal Beach Boulevard. The Planning Commission approved this request on December 9, 1998, subject to 16 conditions. No appeal was filed on the decision of the Planning Commission. Conditional Use Permit 98-16 Request for a drive-through window and a 24-hour business operation for a proposed Sav-On Drug Store within the shopping center, building located approximately 105 feet east of Seal Beach Boulevard, north of St. Cloud Dr. (Retail 'E' on Site Plan). The Planning Commission approved this request on December 9, 1998, subject to 13 conditions. No appeal was filed on the decision of the Planning Commission. Conditional Use Permit 98-17 Request for a Home Center to be located at the northeast corner of the proposed shopping center, approximately 580 feet east of Seal Beach Boulevard (Retail 'A' on Site Plan). The Planning Commission approved this request on December 9, 1998, subject to 12 conditions. No appeal was filed on the decision of the Planning Commission. Conditional Use Permit 99-5 Request for a land use entitlement to sell beer, wine, and liquor in conjunction with a 24 hour pharmacy to be located on Site "E" of the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. The Planning Commission approved this request on June 9, 1999, subject to 22 conditions. No appeal was filed on the decision of the Planning Commission. Site Plan Review 98-2 CC Reconsideration-Ords and Resos 10 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 Request for a freeway identification sign for the proposed Bixby Old Ranch Towne Center. Sign location is adjacent to the I-405 Freeway, east of the proposed Marriott Senior Care Facility, on property designated Public Land Use/Recreation (PLU/R), and is proposed to be 50 feet in height, with a sign area of 267 square feet. The PLU/R zone has no height regulations. The Planning Commission approved this request on December 9, 1998, subject to 5 conditions. No appeal was filed on the decision of the Planning Commission. Height Variation 98-5 Request to allow architectural features above the permitted 35-foot height limit as follows: ❑ 42 feet for Retail 'A' on Site Plan, 580 feet east of Seal Beach Boulevard ❑ 37 feet for Retail 'A' on Site Plan, 580 feet east of Seal Beach Boulevard ❑ 37 feet for Retail `B' on Site Plan, 580 feet east of Seal Beach Boulevard ❑ 40 feet for Retail 'D' on Site Plan, 580 feet east of Seal Beach Boulevard The Planning Commission approved this request on December 9, 1998, subject to 4 conditions. No appeal was filed on the decision of the Planning Commission. Planned Sign Program 98-1 Request to approve a Planned Sign Program for the proposed Bixby Old Ranch Towne Center shopping center, including building signs, monument signs, and temporary signs. The Planning Commission approved this request on December 9, 1998, subject to 3 conditions. No appeal was filed on the decision of the Planning Commission. Eucalyptus Tree Permit 99-1 Proposal to remove a total of 305 eucalyptus trees on the subject properties in conjunction with: o the construction of the proposed commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast corner of Seal Beach Boulevard and St. Cloud, as recently approved by the City Council. o the redesign and reconfiguration of the Bixby Old Ranch Golf Course, including the relocation of the driving range, as recently approved by the City Council; and o the institutional/hotel and restaurant uses at the southeast corner of Seal Beach Boulevard and Lampson Avenue. CC Reconsideration-Ords and Resos 1 1 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 The Planning Commission approved this request on April 7, 1999, subject to 8 conditions. No appeal was filed on the decision of the Planning Commission. RECOMMENDATION After review and consideration of the proposed General Plan amendments, zone changes, Tentative Parcel and Tract Maps, Development Agreement and other discretionary land use entitlements,the appropriate action for the City Council would be to approve each ordinance and resolution(Refer to Attachments 1 through 23). NOTED AND APPROVED e Whittenberg, Director Keith R. Till Department of Development Set`vices City Manager er Attachments: (20) Attachment 1: Resolution No. , A Resolution Of The City Council Of The City Of Seal Beach Amending The Land Use Element Of The General Plan (Land Use Element Amendment 98-1, Bixby Old Ranch Towne Center Development Plan) Attachment 2: Resolution No. , A Resolution Of The City Council Of The City Of Seal Beach Amending The Housing Element Of The General Plan (Housing Element Amendment 98-1, Bixby Old Ranch Towne Center Development Plan) Attachment 3: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Site Plan Review No. 98-1, Revision # 2, Approving The Site Plan For A 286,967 Square Foot Commercial Shopping Center, Including A 10,000 Square Foot Outdoor Garden Center, With Parking, Landscaping And Other Ancillary Facilities On Property Located At The Northeast Corner Of Seal Beach Boulevard And St. Cloud Drive (Bixby Old Ranch Towne Center) CC Reconsideration-Ords and Resos 12 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Attachment 4: Resolution No. , A Resolution Of The City Council Of The City Of Seal Beach Amending The Open Space/Recreation/Conservation, Bicycle Route, Circulation and Noise Elements Of The General Plan (Open Space/Recreation/Conservation, Bicycle Route, Circulation and Noise Element Amendments 98-1, Bixby Old Ranch Towne Center Development Plan) Attachment 5: Ordinance Number 1436, An Ordinance Of The City Of Seal Beach Re-Adopting Zone Change 98-1 (Bixby Old Ranch Tennis Club Site, Development Area"E") Attachment 6: Ordinance Number 1437, An Ordinance Of The City Of Seal Beach Re-Adopting Zone Change 98-1 (Dvelopment Areas "A" And "B") And Adopting The Old Ranch Towne Center Development Plan Overlay (Bixby Old Ranch Towne Center) Attachment 7: Ordinance Number 1438, An Ordinance Of The City Of Seal Beach Re-Adopting Zone Change 98-1 (Development Area "C") And Adopting The Old Ranch Towne Center Development Plan Overlay (Bixby Old Ranch Towne Center) Attachment 8: Ordinance Number 1439, An Ordinance Of The City Of Seal Beach Re-Adopting Zone Change 98-1 (Development Area "D") And Adopting The Old Ranch Towne Center Development Plan Overlay (Bixby Old Ranch Towne Center) Attachment 9: Ordinance Number 1440, An Ordinance Of The City Of Seal Beach Re-Adopting A Development Agreement Between The City Of Seal Beach And Bixby Ranch Company, Regarding The "Bixby Old Ranch Town Center Development Plan" Attachment 10: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Tentative Parcel Map No. 97-165 (Bixby Old Ranch Towne Center Development Plan) Attachment 11: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Tentative Tract Map No. 15767 (Bixby Old Ranch Towne Center Development Plan) CC Reconsideration-Ords and Resos 13 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Attachment 12: Resolution No. , A Resolution Of The City Council Of The City Of Seal Beach Approving Vesting Tentative Tract Map No. 15797 (Bixby Old Ranch Towne Center Development Plan, Development Area"D") Attachment 13: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Cup No. 98-15, Permitting A Three-Story And A One-Story Structure To House A 162-Bed Facility (91-Bed Assisted Living Facility, 26-Bed Alzheimer's Care Facility And A 45-Bed Skilled Nursing Facility), Parking Lot, Landscaping And Other Ancillary Facilities On Property Located Approximately 500 Feet East Of The Southeast Corner Of Lampson Avenue And Seal Beach Boulevard (Marriott Brighton Gardens Assisted Living Facility) Attachment 14: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Conditional Use Permit No. 98-16, Approving A Drive- Through Window For Pharmacy Purposes And A 24- Hour Drug Store Operation On Property Located At The Northeast Corner Of Seal Beach Boulevard And St. Cloud Drive (Retail "F", Bixby Old Ranch Towne Center) Attachment 15: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Conditional Use Permit No. 98-17, Approving A Home Improvement Center Business Operation With An Outdoor Garden Area On Property Located At The Northeast Corner Of Seal Beach Boulevard And St. Cloud Drive (Retail "A", Bixby Old Ranch Towne Center) Attachment 16: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Conditional Use Permit No. 99-5, Approving Sale Of Liquor In Conjunction With A 24-Hour Drug Store Operation On Property Located At The Northeast Corner Of Seal Beach Boulevard And St. Cloud Drive (Retail "F", Bixby Old Ranch Towne Center) Attachment 17: Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Site Plan Review No. 98-2, Approving A Freeway Identification Sign On Property Located At The Southeast Corner Of CC Reconsideration-Ords and Resos 14 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Seal Beach Boulevard And Lampson Avenue (Bixby Old Ranch Towne Center) Attachment 18: Resolution Number , 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) Attachment 19 Resolution Number , A Resolution Of The City Council Of The City Of Seal Beach Approving Planned Sign Program 98-1, Permitting Building, Monument And Temporary Signs In Conjunction With A 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) Attachment 20: 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) CC Reconsideration-Ords and Resos 15 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 1 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN (LAND USE ELEMENT AMENDMENT 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) CC Reconsideration-Ords and Resos 16 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE LAND USE ELEMENT OF THE GENERAL PLAN (LAND USE ELEMENT AMENDMENT 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. After a duly noticed public hearing the Planning Commission recommended denial of General Plan Amendment 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Resolution No. 4661, amending Land Use Element of the General Plan as more particularly set forth in Section 7, below. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final ER. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final FIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 DEER 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 (FIR) is adequate under CEQA. After considering the Final MR 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 FIR and adopting a statement of CC Reconsideration-Ords and Resos 17 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Resolution No. 4661 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting this Resolution pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. Based upon the foregoing, the City Council hereby finds, inter alia: (a) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds that General Plan Amendment 98-1 (Land Use Element) will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further finds that General Plan Amendment 98-1 (Land Use Element) will promote the public health, safety and welfare. Therefore, the City Council fmds that General Plan Amendment 98-1 will be in the public interest, and makes the following findings of fact: (b) General Plan Amendment 98-1 (Land Use Element) will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. CC Reconsideration-Ords and Resos 18 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the MR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The general plan amendments set forth herein achieves consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5. Applicant seeks to establish the following uses as part of the Bixby Old Ranch Towne Center Development Plan: CC Reconsideration-Ords and Resos 19 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 PROPOSED PROJECT LAND USES ................................................................................................................................................................................................................................................. ...... .:. .:. . .:.....:.......:::::::::: A 26.045 Old Ranch Towne Center 286,967 square feet acres (includes commercial/retail uses and maximum building area restaurant uses) B 13.567 Old Ranch Business Hotel, Restaurant and acres Senior Care Facilities • Hotel 104 rooms • Restaurants(2) 15,000 square feet total • Senior Assisted Living Facility 90 units • Senior Alzheimer's Care Facility 25 beds • Senior Skilled Nursing Facility 45 beds • Greenbelt 5.0 acres C 157.29 Reconfiguration of Bixby Old Ranch Golf 157.29 acres acres Course and provision of a Public/Private Driving Range(including sod farm) D 15.649 Bixby Village acres • single family homes 75 SFH • 2.5 acre community park 2.5 acres • Community Police Facility 0.16 acres E 6.735 Old Ranch Tennis Club 6.735 acres acres (dedication of existing tennis club to the City for public recreation purposes and its conversion to public use) TOTAL 219.286 acres (a) The subject area is comprised of eight (8) parcels, comprising a total of approximately 219.286 acres. Presented below is a summary of current General Plan and Zoning land use designations for the proposed Bixby Old Ranch Towne Center Plan area, as revised by the City Council: CC Reconsideration-Ords and Resos 20 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 EXISTING AND PROPOSED GENERAL PLAN AND ZONING DESIGNATIONS ::::NUME : c : ,,'' :i�' i::i::::::::::i:;;::.:i;;::;: #: ::::::::::::::::i: :::::£i* l$. .G::: iinerROM$KREM :::: E47IGAhl ENRRU ::'.. ZONI ... PLAN:............._._<::>::::-....... Q-P, Quasi-Public, R-G, Recreation/ 203.01 acres 196.31 acres 157.290 acres Golf Course Golf RMD, Residential RMD, Residential None None 12.99 acres Medium Density Medium Density C-G, General C-2, General 15.3 acres 22.0 acres 34.612 acres Commercial Commercial PLU,Public Land Use PLU, Public Land 0.0 acres 0.0 acres 14.495 acres Use Total 218.31 acres 218.31 acres 219.286 acres (b) If the Bixby Old Ranch Towne Center Development Plan is adopted by the City Council, the Land Use Element, among other elements of the General Plan, will need to be amended as proposed herein so that the Bixby Old Ranch Towne Center Development Plan and the General Plan are consistent. In that the Bixby Old Ranch Towne Center Development Plan provides zoning restrictions for the project area, zoning would likewise be consistent with the General Plan. Section 6. Based upon substantial evidence in the record of the hearing, including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with this project as reflected in Table 1, and pursuant to §§ 28- 2600 and 28-2602 of the City's Code, the City Council hereby finds: (a) The proposed General Plan Amendments will conform land uses to those set forth within the Land Use Element for the subject area and provides a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. CC Reconsideration-Ords and Resos 21 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (b) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR as revised, with the provision of various land uses to address the identified objectives of the City. (c) The Bixby Old Ranch Towne Center Plan, and the necessary General Plan Amendments will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The amendments are consistent with the General Plan, as amended. (d) Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council. This amendment is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant impacts, and the alternatives, and mitigation measures related to each significant environmental effect. No additional environmental documentation is needed. Section 7. Based on the foregoing, the Land Use Element is hereby amended as follows: 1. Page 12 of the Land Use Element is revised to read as follows: "5. COLLEGE PARK EAST PLANNING DISTRICT 5.1 City Parks Issue: There is a lack of City park space in this district. What land use decisions can be made to help rectify this situation? CC Reconsideration-Ords and Resos 22 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Potential: Due to the lack of available vacant land for park space, the only apparent solution is to apply conscientious design methods to the present parks ftitel ; - _• •. .• . . - _. - _:•-- ••• - to create desirable and usable park space. The dedication to the City of the Bixby Old Ranch Tennis Club property for a recreation facility provides an additional 6.74-acre recreational facility within this neighborhood. In addition, the provision of an additional 2.5-acre neighborhood park in conjunction with the Bixby Village development exceeds the park standards of the City. 5.2 Vacant (7.85 acre) parcel of land located on Lampson Issue: Potential. •- - .- . • - -- Y•- - - - _- ' • 5.2 5 Noise generated by the Los Alamitos Naval Air Station Armed Forces Reserve Center and the San Diego Freeway. Issue: What can be done to minimize the noise impact on adjacent lands? Potential: The resolution of the noise generated by the mien Armed Forces Reserve Center rests with the decisions reached on the €uye-arse future operational characteristics of the Los Alamitos Naval Air Station Armed Forces Reserve Center. Refer to the Noise Element for further discussion regarding noise impacts of the Los Alamitos Armed Forces Reserve Center. CC Reconsideration-Ords and Resos 23 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Specific design solutions such as extremely high cement block fences esti have aided in lowering the noise level perceived by the residents adjacent to the San Diego Freeway. The Statc Division of .ab, c» 2. Page 15-16 of the Land Use Element is revised to read as follows: "LAND USE TABLE The following table depicts the existing and proposed land use acreage for each land use category in the General Plan. Proposed/ Designation Developed Undeveloped Total Residential Low 670.6 0.0 670.6 Medium 652.5 63975- 0.0 652.5 639.5 High 161.0 0.0 161.0 Commercial Limited Commercial 2.3 0.0 2.3 Professional Office 0.0 0.0 0.0 Service 55.8 0.0 55.8 General 162.5 6 0.3 .1-870 162.8 44976 Industrial Light 126.2 0.0 126.2 Oil Extraction 28.2 0.0 28.2 CC Reconsideration-Ords and Resos 24 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 LAND USE TABLE (Continued) Proposed/ Designation Developed Undeveloped Total Ouasi-Public Golf Course 264.8 310.5 0.0 264.8 310.5 Wetlands 32.8 0.0 32.8 Public City Parks 81.4 424 7.0 88.4 79.2 City Schools 13.4 0.0 13.4 Flood Basin 34.7 0.0 34.7 Beaches 52.0 0.0 52.0 Police Station 1.5 0.0 1.5 Fire Stations 1.0 0.0 1.0 Civic Center 0.6 0.0 0.6 City Yard 3.0 0.0 3.0 P.E. R/W 8.2 0.0 8.2 Towne Center Greenbelt 12.4 0.0 12.4 Military 5 000.0 0.0 5,000.0 TOTAL: 7,364.5 7.3 7,371.8" 3. Pages 18 and 19 of the Land Use Element are revised to read as follows: "3. MEDIUM DENSITY RESIDENTIAL PROPOSALS (Minimum lot area of 2500 square feet per dwelling unit). (Minimum lot area of 250 square feet per dwelling unit in District 1 south of Pacific Coast Highway). The medium density classification allows for a number of housing types; single family housing in clusters, town house (i.e., a group of dwellings with common walls), two family housing arrangements on single lots, and other similar forms of multiple family housing. Existing Medium Density Residential CC Reconsideration-Ords and Resos 25 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 There are four five existing medium density areas in the City: Leisure World, Suburbia, Bridgeport, the Old Ranch Condominiums, and the residential neighborhood located in Old Town between the Coast Highway, the Pacific Electric Right-of-Way, Seal Beach Boulevard, and Twelfth Street. With the exception of the Old Town neighborhood, Tthese residential neighborhoods are very stable areas that are not subject to change during the life span of the Land Use Element. The medium density residential neighborhood in the Coastal Area is less stable, experiencing some replacement of older residential units with new residences, generally on a one for one replacement. at deftstip This transition is due mainly to the combination of rising land costs, older structures, and a tremendously inviting beach environment. Proposed Medium Density Residential At present, there is one area of proposed new medium density residential development and one area experiencing some private rehabilitation within an established medium density neighborhood. The area under experiencing private rehabilitation is the neighborhood in Old Town -- .. ... . _. ,_. ; - - .: - .... - . :- . - - - - ; This area is proposed to remain as medium density with a minimum lot area of 2500 square feet per dwelling unit. This lot area will facilitate the consolidation of lots so that a combination of one and a half lots will allow a duplex or two-unit structure. A small portion of this residential neighborhood is designated as high density (standards discussed in following section), the frontage lots along Electric Avenue and Twelfth Street. The proposed Bixby Village residential area north of the 26-acre Bixby Old Ranch Towne Center commercial center will consist of a maximum of 75 residential lots on approximately 13 acres of land. This residential neighborhood has been designed to be compatible with the adjoining "Rossmoor Highlands" community in the City of Los Alamitos." 4. Pages 26 and 27 of the Land Use Element are revised to read as follows: "4. GENERAL COMMERCIAL LAND USE 4.1 Existing General Commercial Uses CC Reconsideration-Ords and Resos 26 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 There are several areas that are classified "General Commercial" according to the current City ordinances. These are primarily areas of auto service stations, located on major arterials. The Rossmoor Center, by current zoning classification is considered a general use, but in actual use it is a mixture of general and service uses. Because of the great number of general commercial uses, the Rossmoor Center area, should remain as a general commercial classification. In 1999, the City approved General Commercial zoning designations for a total of 34.6 acres north of the San Diego Freeway on Seal Beach Boulevard; 26 acres located generally across from the Rossmoor Center and 8.5 acres located at the corner of Lampson Avenue and Seal Beach Boulevard. These areas of commercial development will relate well to the existing general commercial uses of Rossmoor Center, and also have excellent access from Seal Beach Boulevard. 4.2 Proposed General Commercial Land Uses north of the San Diego Freeway. A benefit to be derived from the Y.. - . . . - Y. .. - • - • . " 5. Page 30 of the Land Use Element is revised to read as follows: "1. PARKS AND OPEN SPACE 1.1 Existing Parks and Open Space The principal recreation and open space area for the City is the beachfront. Because the beachfront is more of a regional recreation attraction, it does not serve the immediate park and open space needs for the northern portion of the community. The Coastal Area and Marina Hill are well served by both the excellent beachfront and the fairly natural and un-improved Gum Grove Park. The College Park West neighborhood is served by Edison Park which is approximately 26 acres. The College Park East neighborhood . . . • .•• - . _ ;;•- , • .. : . : - deficiency is served by four neighborhood parks and recently acquired CC Reconsideration-Ords and Resos 27 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 6.74-acre Tennis Club facility dedicated to the City by the Bixby Ranch Company. These facilities provide a total of 12.84 acres of neighborhood and special use parks within the neighborhood. In addition, Arbor Park, comprising 13 acres, serves this neighborhood in addition to providing recreational opportunities to the entire community. Lastly, a 2.5-acre neighborhood park has been provided to serve the recreation needs of the 75 lot Bixby Village residential development. " Staff is hereby directed to revise the Land Use Element accordingly. 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the CC Reconsideration-Ords and Resos 28 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 29 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 2 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN (HOUSING ELEMENT AMENDMENT 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) CC Reconsideration-Ords and Resos 30 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE HOUSING ELEMENT OF THE GENERAL PLAN (HOUSING ELEMENT AMENDMENT 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. After a duly noticed public hearing, the Planning Commission recommended denial of General Plan Amendment 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Resolution No. 4664, amending the Housing Element of the General Plan as more particularly set forth in Section 7, below. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final EER. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEER), 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 DEER 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 City Council adopted City CC Reconsideration-Ords and Resos 31 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 E[R 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 FIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings,regarding Resolution No. 4664 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting this Resolution pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. Based upon the foregoing, the City Council hereby finds, inter alia: (a) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby fmds that General Plan Amendment 98-1 (Housing Element) will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further fmds that General Plan Amendment 98-1 (Housing Element) will promote the public health, safety and welfare. Therefore, the City Council fmds that General Plan Amendment 98-1 will be in the public interest, and makes the following fmdings of fact: (b) General Plan Amendment 98-1 (Housing Element) will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. CC Reconsideration-Ords and Resos 32 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the FIR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The general plan amendments set forth herein achieves consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5. Applicant seeks to establish the following uses, as revised by the City Council, as part of the Bixby Old Ranch Towne Center Development Plan: CC Reconsideration-Ords and Resos 33 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 PROPOSED PROJECT LAND USES A 26.045 Old Ranch Towne Center 286,967 square feet acres (includes commercial/retail uses and maximum building restaurant uses) area B 13.567 Old Ranch Business Hotel, Restaurant acres and Senior Care Facilities • Hotel 104 rooms • Restaurants(2) 15,000 square feet total • Senior Assisted Living Facility 90 units • Senior Alzheimer's Care Facility 25 beds • Senior Skilled Nursing Facility 45 beds • Greenbelt 5.0 acres C 157.29 Reconfiguration of Bixby Old Ranch 157.29 acres acres Golf Course and provision of a Public/Private Driving Range (including sod farm) D 15.649 Bixby Village acres • single family homes 75 SFH • 2.5 acre community park 2.5 acres • Community Police Facility 0.16 acres E 6.735 Old Ranch Tennis Club 6.735 acres acres (dedication of existing tennis club to the City for public recreation purposes and its conversion to public use) TOTAL 219.286 acres (a) The subject area is comprised of eight (8) parcels, comprising a total of approximately 219.286 acres. Presented below is a summary of current General CC Reconsideration-Ords and Resos 34 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Plan and Zoning land use designations for the proposed Bixby Old Ranch Towne Center Plan area, as revised by the City Council: EXISTING AND PROPOSED GENERAL PLAN AND ZONING DESIGNATIONS < >' P: SIU) N :>::>:ll�l�fi�l €L li'LAI:"� <>� ` >' RAL Q-P, Quasi-Public, R-G, Recreation/ 203.01 acres 196.31 acres 157.290 acres Golf Course Golf RMD, Residential RMD, Residential None None 12.99 acres Medium Density Medium Density C-G, General C-2, General 15.3 acres 22.0 acres 34.612 acres Commercial Commercial PLU, Public Land Use PLU, Public Land 0.0 acres 0.0 acres 14.495 acres Use Total 218.31 acres 218.31 acres 219.286 acres (b) If the Bixby Old Ranch Towne Center Development Plan is adopted, the Housing Element, among other elements of the General Plan, will need to be amended as proposed herein so that the Bixby Old Ranch Towne Center Development Plan and the General Plan are consistent. In that the Bixby Old Ranch Towne Center Development Plan provides zoning restrictions for the project area, zoning would likewise be consistent with the General Plan. Section 6. Based upon substantial evidence in the record of the hearing, including the facts stated in § 5 of this resolution, and in the revised environmental documentation prepared in conjunction with this project as reflected in Table 1, as revised, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: (a) The proposed General Plan Amendments will conform land uses to those set forth within the Land Use Element for the subject area and provides a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. CC Reconsideration-Ords and Resos 35 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff-Report August 23, 1999 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (b) The proposed project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR as revised, with the provision of various land uses to address the identified objectives of the City. (c) The proposed Bixby Old Ranch Towne Center Plan, and the necessary General Plan Amendments will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The amendments are consistent with the General Plan, as amended. (d) Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council. This amendment is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant impacts, and the alternatives, and mitigation measures related to each significant environmental effect. No additional environmental documentation is needed. Section 7. Based on the foregoing, the Housing Element is hereby amended as follows: 1. Table 16 - Seal Beach Acreage by General Plan Land Use Designation is revised to read as follows: CC Reconsideration-Ords and Resos 36 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 "TABLE 16 Seal Beach Acreage by General Plan Land Use Designations Proposed/ Designation Developed Undeveloped Total Residential Low 670.6 0.0 670.5 Medium 652.5 63975- 0.0 652.5 6394 High 161.0 0.0 161.0 Commercial Limited Commercial 2.3 0.0 2.3 Professional Office 0.0 0.0 0.0 Service 55.8 0.0 55.8 General 162.5 44976 0.3 4-870 162.8 449.6 Industrial Light 126.2 0.0 126.2 Oil Extraction 28.2** 0.0 28.2** Quasi-Public Golf Course 264.8 310.5 0.0 264.8 310.5 Wetlands 32.8 0.0 32.8 Public City Parks 81.4 72.2 7.0 88.4 79.2 City Schools 13.4 0.0 13.4 Flood Basin 34.7 0.0 34.7 Beaches 52.0 0.0 52.0 Police Station 1.5 0.0 1.5 Fire Stations 1.0 0.0 1.0 Civic Center 0.6 0.0 0.6 City Yard 3.0 0.0 3.0 P.E. R/W 8.2 0.0 8.2 Towne Center Greenbelt 12.4 0.0 12.4 Military 5,000.0 0.0 5,000.0 CC Reconsideration-Ords and Resos 37 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 TOTAL: 7,364.5 7.3 7,371.5" Portions of this acreage may be appropriate for residential redevelopment when oil production uses terminate. Accordingly, the portion of the Hellman Ranch presently designated for oil production/future development has been included in the Housing Element as a potential area for residential uses (see p. 62) 2. Table 17 - Vacant Site Analysis is revised to read as follows: "TABLE 17 Vacant Site Analysis General Plan/ Name Acres Zoning Status "2. Bixby Old Ranch** 20 C-2 and R-G Speeifie Ply (See note on following page) Application and-General Plan/Zoning amendments approved in 1999 that include a 13 acre residential component expected in +9949 recreational uses, the owners of the property have scheduled a number of "pre .,, ' . ' . ., • . • ., . ' ., .. .... In 1999 the City approved a Concept Plan for the proposed development of the site which includes the provision of a maximum of 75 residential units, •• • ; • • „ . . . • • .. .. . . Y. . . commercial/restaurant/recreational uses, institutional uses and open space uses. The property is adjacent to the Armed Forces Reserve Center. The Airport Land Use Commission has adopted an Airport Environs Land Use Plan (AELUP) CC Reconsideration-Ords and Resos 38 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 which incorporates an Air Installation Compatible Use Zone (AICUZ) Study. The AELUP controls development of properties adjacent to the AFRC. • • . . • •. • • " • . Compatible Usc Zone WCUZ) Study" for the Armed Forces Reserve Center at Los ,.• . . . . . . . . • . . . . "e!-; " . . . . . 3. The last paragraph of Section 4.1.2 is revised to read as follows: "Based upon their existing general plan designations and zoning, the vacant residential and non-residential sites listed in Table 17 have a capacity to permit the development of up to 49 145 detached and •1.00 100 multi-family dwelling units. Of these two vacant sites, etre both, representing the potential for up to 49 145 detached dwelling units, are is already approved through an application for a development agreement and a vesting tentative tract map. It should be noted that public facilities and services are available to all of these vacant sites." 4. Table 19 - Land Use Designations is revised to read as follows: CC Reconsideration-Ords and Resos 39 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 "TABLE 19 Land Use Designations Percent of Total City Minimum Actual/Net Total Potential Acreage Land Use Lot Area Allowable Net Acres No. of Minus Category Per Unit Density Desig. DUs Military LOW DENSITY Marina Hill 5,000 8.0/8.0 121 969 College Park W. 5,000 8.0/8.0 38.5 307 College Park E. 5,000 8.0/8.0 206 1,649 Hellman 5,000 4.4/8.0 14.7 70 Gold Coast 5,000 8.0/8.0 8.4 67 Subtotal 398.3 3,001 16.6% MED. DENSITY Bridgeport 2,500 13.6/17.4 12.9 176 Old Town 2,500 17.4/17.4 84.5 1,470 CPE Condos 2,500 8.3/17.4 7.2 60 Bixby Village 2,500 10.8/17.4 12.0 75 Leisure World 2,500 15.5/17.4 425.0 6,608 Subtotal 541.6 52976 8,389 8734-4 22.8% 22.4% HIGH DENSITY Old Town 2,178 20.0/20.0 186 3,720 Riverbeach 1,350 20.5/32.3 10 205 Rossmoor Condo 960 26.5/45.4 13.3 352 Surfside N/A 38.6/ N/A 6.8 264 Subtotal 216.1 4,541 9.2% 1,144.4* 15,856`* 48.2% 1,156.0* 15,931** 48.6% * This figure represents net residential land, not including local public streets and parks ** This figure includes existing units and anticipated/buildout of under- utilized residentially zoned properties." CC Reconsideration-Ords and Resos 40 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 5. Subsection 5.2.1.2, Programs, subparagraph C. is revised to read as follows: "C. Program: Conduct public hearings to determine the appropriateness and benefits of redesignating portions of the Bixby Old Ranch Parcel for uses including residential development, with a portion of the site considered for higher density housing affordable to lower income households, and other portions designated for single family detached residential uses, to promote a more balanced housing inventory within the community. Anticipated Impact: In 1995, 1998 and 1999, the City held numerous public hearings regarding the appropriateness and benefits of redesignating portions of the Bixby Old Ranch Parcel for uses including residential development, including some component of higher density affordable housing. Such hearings were the culmination of a lengthy fact-finding process, and included hearings on the merits of two separate development projects. In 1999, the City Council approved a 75-unit residential and park development on the northerly 13 acres of the Bixby property, to replace a large church/institutional use proposed by the property owner. As part of that development, the City, Redevelopment Agency, and the developer will ensure that at least 10% of the units developed will be affordable to persons who could not otherwise afford market rate residences. The City has determined that church/institutional uses were inappropriate on the site due to traffic, noise and air quality impacts. A high density residential development would produce similar impacts on that site, making high density residential development at that location unacceptable and not appropriate. In addition, the benefits to the City that are expected to accrue from the approved Bixby Old Ranch Towne Center Development Plan would be significantly reduced if the developer was forced to construct high density, below market rate housing. Due, in part, to these impacts and due to concerns by the Orange County Airport Land Use Commission, the number of planned residential units has been reduced from in excess of 100 units to 75 units, and the houses will be located in the extreme northerly portion of the Bixby properties. The City has developed a program to utilize existing and future tax increment set-aside revenues generated from other areas of the City to provide affordable housing in the City. This program provides for funds to lower the costs of new homes for affordability, and it is anticipated that approximately 10% of the units constructed on this site will be made affordable to persons who cannot otherwise afford to purchase market-rate housing through participation in this program - ;. . - _. _ r. ; : ; ; ;; ; . - . -- • . , - CC Reconsideration-Ords and Resos 41 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 the redesignation of approximately 5 of the 20 acres to high density housing units in these proportions and income categories will be 5.2.2.2(B)." - - Impact Area: Census Tract 1100.12. Responsible Agencies: Planning Department, Planning Commission, City Council. Financing: Department budget. Schedule: An application for General Plan Amendment was filed is—antieipated in late 999 1997, with concurrent filing and processing of a Specific Plan and zone change. - ,. • - - . The City acted in late 1999 to approve various General Plan amendments, zone changes, development agreement and tentative subdivision maps for commercial uses on 34.6 acres of land, a 75 lot single-family residential subdivision on 13 acres and a 2.5 acre neighborhood park, the redesign of the 157-acre Bixby Old Ranch Golf Course, and the provision of 6.4 acres of greenbelt buffer areas for tree preservation purposes, and the dedication of a 6.74 acre private tennis club to the City for use as a community recreation facility. The City anticipates the housing will be constructed within five years. " Staff is hereby directed to revise the Housing Element accordingly. 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: CC Reconsideration-Ords and Resos 42 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 43 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 3 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-1, REVISION # 2, APPROVING THE SITE PLAN FOR A 286,967 SQUARE FOOT COMMERCIAL SHOPPING CENTER, INCLUDING A 10,000 SQUARE FOOT OUTDOOR GARDEN CENTER, WITH PARKING, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 44 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Stall Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-1, REVISION # 2, APPROVING THE SITE PLAN FOR A 286,967 SQUARE FOOT COMMERCIAL SHOPPING CENTER, INCLUDING A 10,000 SQUARE FOOT OUTDOOR GARDEN CENTER, WITH PARKING, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Site Plan Review 98-1, Revision # 2 on August 4, 1999 and approved the project through the adoption of Planning Commission Resolution 99-26. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final ER. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final Eat. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ 11.0 and III 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 DELR was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's 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, CC Reconsideration-Ords and Resos 45 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the FIR 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 FIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this site plan. Section 4. The record of the hearing before the Planning Commission on August 4, 1999 indicates the following: (a) Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for approval of a revised site plan to develop the Bixby Old Ranch Towne Center 26.045-acre commercial shopping center site located at the northeast corner of Seal Beach Boulevard and St. Cloud. (b) The proposed site plan depicts 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. (c) Area A 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. (d) Surrounding land uses and zoning are as follows: NORTH Bixby Village residential development in the Residential Medium Density (RMD)Zone. SOUTH Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)Zone. 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. CC Reconsideration-Ords and Resos 46 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff fJ Report August 23, 1999 WEST across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. (e) The site plan is consistent with the General Plan, which designated the property for commercial uses. (f) The "Mitigation Monitoring Program" adopted in connection with the EIR establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts to a level of insignificance in relation to the project. To further mitigate potential environmental impacts, and to respond to concerns raised by the public, both the project and the subject site plan were revised by the City Council, inter alia, as follows: • The proposed shopping center has been shifted northward, north of St Cloud, to preserve more eucalyptus trees and to reduce "cut through" traffic through the community of Rossmoor; • The proposed church use to the north has been replaced with 75 residential homes, to reduce traffic, noise and congestion; and • A proposed gas station mini-market use on a one-acre site that was initially proposed for the commercial shopping center has been eliminated and is no longer part of the project. (g) The proposed shopping center site plan, as revised, complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. (h) Required adherence to applicable building and fire codes, along with those mitigation measures related to utilities and water, will ensure there will be adequate water supply and utilities for the proposed use. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to the City Code, the City Council hereby adopts the findings of the Planning Commission and makes the following findings: (a) Site Plan Review 98-1 Revision # 2, is consistent with the provisions of the Land Use Element of the City's General Plan, as amended by the City Council concurrently with this request, which provides a "general commercial" designation for the subject property and permits the proposed shopping center subject to approval of a "Site Plan Review", and the issuance of other appropriate discretionary land CC Reconsideration-Ords and Resos 47 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 use entitlements (e.g., conditional use permits, height variations, planned sign program, etc.). The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements were also amended by the City Council to be consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed style, height and bulk of the proposed shopping center is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. Similar development standards regarding building height and landscaping will apply to any future development in the adjacent shopping center. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The subject shopping center development and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features previously approved for height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Subject to the proposed conditions of approval, the proposed use of the property as a shopping center as approved herein will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time that would be in addition to those imposed by the Environmental Impact Report. Section 6. Any prior versions of a site plan for the subject property are superseded by Site Plan Review 98-1 Revision # 2. The Site Plan prepared by Nadel Architects, Inc., dated July 26, 1999 is hereby approved. Section 7. Based upon the foregoing, the City Council hereby approves Site Plan Review 98-1, Revision#2, subject to the following conditions: 1. Site Plan Review 98-1, Revision # 2, is approved for a maximum of 286,967 square feet of retail commercial floor area separated into numerous building pads, including an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces, and landscaping on property located on the east side of Seal Beach Boulevard, north of St. Cloud Drive, at Bixby Old Ranch Towne Center (Tentative Tract Map No. 15767), as set forth on the "Site Plan", prepared by Nadel Architects Inc., dated July 21, 1999. CC Reconsideration-Ords and Resos 48 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 2. The applicant shall comply with the provisions of the applicable Mitigation Measures as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR, as set forth in "Exhibit A", attached hereto and made a part hereof. 3. This Site Plan Review 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) day appeal period has elapsed. 4. A modification of this Site Plan Review shall be obtained when: ❑ The shopping center proposes to modify any of its current conditions of approval. ❑ There is a substantial change in the mode or character of operations of the shopping center. 5. The Planning Commission reserves the right to revoke or modify this Site Plan Review if any violation of the approved conditions occurs, any violation of the Code of the City 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. 6. In the event staff determines that security problems exist on the site, the conditions of this Site Plan Review may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 7. All business establishments shall have a public telephone listing. 8. All business establishments shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by a business establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 9. Litter and trash receptacles shall be located at convenient locations inside and outside all business establishments. Operators of such business establishments shall remove trash and debris on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside any business establishment between the hours of 10:00 p.m. and 7:00 a.m. CC Reconsideration-Ords and Resos 49 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 10. The Planning Commission reserves the right to revoke or modify this Site Plan Review pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not limited to the congregation of minors, violence, public drunkenness, vandalism, solicitation and/or litter. 11. Property line walls adjacent to the proposed residential/park development adjoining the subject property to the north and east shall have a minimum 8-foot solid masonry or concrete block wall provided. Said wall may not exceed 10 feet in height. 12. Loading dock areas shall not be utilized between the hours of 2:00 a.m. and 6:00 a.m. prior to the issuance of a Certificate of Occupancy for the first residential unit as identified as Development Area D in the Bixby Old Ranch Towne Center EIR, and between 10:00 p.m. and 6:00 a.m. thereafter. 13. This Site Plan Review 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk CC Reconsideration-Ords and Resos 50 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 51 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 "EXHIBIT A" 1. The applicant shall comply with the provisions of the following Mitigation Measures as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR: The mitigation measures relevant to the requested development are set forth below (92 mitigation measures): Land Use: Mitigation Measure A-1: Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans. Mitigation Measure A-2: Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D and E) shall include perimeter landscaping and building setbacks to insure compatibility with the Scenic Highways Element of the City General Plan. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with the approval of final subdivision maps or plot plans. Mitigation Measure A-3. Detailed development plans for Development Area A shall be submitted for review and approval by the Director of Development Services to insure that no more than 20% of commercial space is devoted to restaurants. Geology: Mitigation Measure C-1: Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the information and be in a form as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7-1-819.` Project proponent shall reimburse City costs of independent third-party peer review of said geotechnical report. Mitigation Measure C-2: The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site-specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be CC Reconsideration-Ords and Resos 52 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site-specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project proponent shall reimburse City costs of independent third-party peer review of said site-specific reports. Mitigation Measure C-3: Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. Mitigation Measure C-4: Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. Mitigation Measure C-5: In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. Mitigation Measure C-6: All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. Mitigation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). Mitigation Measure C-8: Graded, but undeveloped land shall be maintained weed-free and planted with interim landscaping within ninety (90) days of completion of grading, unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. Mitigation Measure C-9: Conformance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. Mitigation Measure C-10: The potential on-site liquefaction hazard shall be mitigated by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. CC Reconsideration-Ords and Resos 53 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Water/Drainage: Mitigation Measure D-1. The capacity of the Old Ranch Retarding Basin will be increased to 87.6 acre feet at elevation 12 so that the peak flow exiting the Retarding Basin will be no greater than the pre-project condition thereby eliminating the increase of runoff due to the increase of impervious area. Mitigation Measure D-2. The runoff from the 10-acre area at the northwest corner of the project shall be diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin will be further increased to accommodate this increase in flow to a capacity of 88.4 acre feet at elevation 12. Mitigation Measure D-3. Additional capacity in the Old Ranch Retarding Basin to 100 acre feet at elevation 12 will be provided as a mitigation from the impact of drainage from future upstream development. This increase will be approximately 13 percent over the required holding capacity based upon Mitigation Measures D-1 and D-2 above. Mitigation Measure D-4: The inlet capacity of on-site catch basins will be constructed a minimum of 25% larger than that required by the City Engineer in order to reduce the potential for debris blockage during major storms. Mitigation Measure D-5: The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used to conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. Mitigation Measure D-6: The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. Mitigation Measure D-7: Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing drainage network, existing capacity, pre-and post-project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes. CC Reconsideration-Ords and Resos 54 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure D-8: Prior to final design, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance with applicable NPDES permit requirements. The Plan shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. Mitigation Measure D-10: All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. Air Quality: Mitigation Measure E-1: Prior to the issuance of initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of an independent third party peer review of this Plan. Transportation/Circulation Mitigation Measure F-1: Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project. Mitigation Measure F-2: Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. Mitigation Measure F-3. Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. Biological Resources: CC Reconsideration-Ords and Resos 55 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure G-1. Prior to project construction, the California Department of Fish and Game shall be notified pursuant to California Fish and Game Code Sections 1601-1603 and the U.S. Army Corps of Engineers in conjunction with their 404 permit process. The proposed project shall provide all required compensation for impacts to on-site wetland habitats. Mitigation Measure G-2. International Society of Arboriculture (ISA) pruning standards shall be followed on all trees. General pruning guidelines including specifications for making correct pruning cuts, branch selection for different purposes, and topping, as provided by the arborist, shall be followed. Mitigation Measure G-3. After project construction, trees that have been topped in the past shall undergo reconstructive pruning to improve tree structure and reduce hazards. Mitigation Measure G-4. All contractors, subcontractors, equipment operators, etc. shall be informed concerning tree preservation standards and procedures. Tree protection guidelines and procedures shall be incorporated into all construction and grading agreements. The project arborist and job superintendent shall oversee all tree protection requirements. Mitigation Measure G-5. Prior to any construction activity, tree protection zones shall be delineated for all trees to be preserved. The protection zone will be either: 1) five feet from the outside of the dripline of the tree canopy or 2) one foot radius from the trunk for every 1-inch of truck diameter, whichever is greater. If construction activity is planned within any tree protection zone, a case-by-case evaluation will be made by an ISA Certified Arborist. Mitigation Measure G-6. Prior to any grading or construction activity, a 4-foot high protective fence consisting of chain-link wire or fluorescent webbing attached to steel line posts shall be constructed around the protection zone of all preserved trees. Laminated "tree protection zone - no construction activity" signs will be attached to the fence. This fence is to remain in place throughout the construction period. Mitigation Measure G-7. If contact with the tree crown is unavoidable and tree damage will occur, as ISA Certified Arborist shall prune the conflicting branch(es) using ISA standards. Where trenching is necessary in areas that contain tree roots, tree roots shall be pruned using a Dosko root pruner or equivalent. All cuts shall minimize ripping, tearing, and fracturing of the root system of the impacted tree. The trench shall be made no deeper than the depth of grading or trenching necessary. CC Reconsideration-Ords and Resos 56 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure G-8. In order to avoid draining or leaking equipment fluids near preserved trees, fluids such as: gasoline, diesel, oils, hydraulics, paint, brake and transmission fluids and glycol (anti-freeze) shall be disposed of properly. Construction equipment shall be parked at least 50 feet away from existing trees to avoid the possibility of leakage of equipment fluids into the soil. Mitigation Measure G-9. In areas affected by grading or excessive construction dust, the tops and undersides of foliage will be washed with a strong water stream every two weeks in morning hours before 10:00 a.m. to control mite and insect populations. Mitigation Measure G-10. If irrigation systems or schedules or drainage/runoff patterns are changed by construction activities, an assessment of irrigation needs shall be conducted to protect the health of the trees to be preserved. This may require the installation of a temporary irrigation system or mobile watering by a water truck. Mitigation Measure 0-11. All trees to be removed shall be clearly marked at the base of the trunk and at 4 1/2 feet above ground to avoid removal of the wrong tree. Mitigation Measure G-12. All major tree trimming shall be scheduled so as to not disturb birds-of-prey during nesting periods and Monarch Butterfly overwintering as well as to prevent infestation by the Eucalyptus Long-horn Borer. All major tree trimming shall be completed by October 31 in order to avoid infestation by the Eucalyptus Long-horned Borer, the nesting season for birds-of-prey, and Monarch Butterfly clustering. Mitigation Measure G-13: 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. Mitigation Measure G-14: All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito breeding. These water bodies shall also be stocked with mosquito fish. Mitigation Measure 0-15: Grass clippings shall either be removed from the site or composted in a manner that does not breed flies. Mitigation Measure G-16: All structures shall be constructed in a manner to exclude rats from gaining "indoor access". CC Reconsideration-Ords and Resos 57 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure G-17: All landscaping shall be open and skirted as necessary to exclude rats from nesting in enclosed thickets of vegetation. Energy: Mitigation Measure H-1: Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site. Mitigation Measure H-2: The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights-of-way in the areas of any existing easements. Mitigation Measure H-3: Building energy conservation will be largely achieved by compliance with Titles 20 and 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the flow rate standards. Title 24, California Administrative Code Section 2-5452(i) and (j) address pipe insulation requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(f) and 1601(b) are Appliance Efficiency Standards. Mitigation Measure H-4: In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the project. Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. Mitigation Measure H-5. Electric vehicle charging facilities shall be provided for a minimum of two vehicles and a maximum of four vehicles. Noise: Mitigation Measure J-1: Construction in areas within 500 feet of residential development shall be limited to the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction activities shall not be permitted in these areas on CC Reconsideration-Ords and Resos 58 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Stall Report August 23, 1999 Sundays or Federal holidays. Use of heavy grading equipment (such as impact hammers and pile drivers) shall be limited to the hours of 8:00AM to 5:00 PM on Monday through Friday. Mitigation Measure J-2: All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in all habitable rooms. Evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy"B"below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the projects plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to verify compliance with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent,third party peer review of this evidence. Mitigation Measure J-3: All structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as set forth below: a) commercial-50 CNEL; b) hotel-45 CNEL; c) senior assisted living-45 CNEL;and CC Reconsideration-Ords and Resos 59 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 d) Residential—45 CNEL. Notwithstanding any land use characterizations, all sensitive land use receptors (including the senior assisted living, Alzheimer's care/skilled nursing facility) shall be sound attenuated against present and projected noise levels, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 CNEL in outdoor living areas and an interior noise standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Director of Development Services in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verify compliance with all applicable design standards. Mitigation Measure J-4: Prior to the issuance of building permits, the applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer,renter, or lessee of noise sensitive land uses (e.g., senior assisted care units) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levels above State and City standards or policies for noise sensitive land uses. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights, and that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow. Public Services: Mitigation Measure K-1. Prior to fmal approval of a vested tentative tract/ parcel map the project applicant shall enter into a Development Agreement with the City of Seal Beach. Said agreement shall establish, if required, any payment of the project's fair-share contribution to offset project impacts on CC Reconsideration-Ords and Resos C0 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 public facilities and services including the need for additional law enforcement and fire protection facilities and staffing. Mitigation Measure K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. Mitigation Measure K-3: All new structures shall provide roofmg materials of a Class B roofmg assembly or better. Mitigation Measure K-4: All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the City of Seal Beach. Mitigation Measure K-5: All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. Mitigation Measure K-6: All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. Mitigation Measure K-7: The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the State are set at $1.72 per square foot of assessable space for residential construction and $0.28 per square foot for commercial/industrial projects. Utilities/Service Systems: Mitigation Measure L-1: All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach Engineering Department for review and approval prior to project construction. Mitigation Measure L-2: The project applicant shall be required to pay their "fair-share" cost for improvement of any off-site water facilities necessary to serve the proposed project. CC Reconsideration-Ords and Resos 61 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure L-3: Automatic sprinkler systems, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. Mitigation Measure L-4: Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water- holding capacity of the soil. Mitigation Measure L-5: The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. Mitigation Measure L-7: All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation District of Orange County. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. Mitigation Measure L-8: The project applicant shall be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. Mitigation Measure L-9: Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and residential uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. Mitigation Measure LAO: The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid waste required by the City of Seal Beach. Mitigation Measure L-12: Prior to issuance of a building permit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Public Works Department. The study should assess available water resources and improvements to the water system required to serve the proposed project and meet fire flow demands. The specific contents of the study should be determined in coordination with the Public Works Department. The project applicant shall reimburse the City for the costs of an independent third party peer review of this study. CC Reconsideration-Ords and Resos E2 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure L-13: Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site water systems. Aesthetics: Mitigation Measure M-1: 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. 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 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. o 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. Mitigation Measure M-2: Prior to submittal of final project plans, a photomontage showing illustrative project elevations in their proposed setting shall be prepared by the project proponent and submitted to the City's Development Services Department to illustrate how views from the Seal Beach CC Reconsideration-Ords and Resos 63 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Boulevard, the 405 Freeway northbound off-ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M-1 above. Mitigation Measure M-3: 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 Mitigation Measure M-4. 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. Mitigation Measure M-5. A Eucalyptus Windrow Preservation Plan shall be prepared by a licensed arborist or a landscape architect and submitted to the Department of Development Services and the Street Tree Division of the Parks and Recreation Department for review and approval prior to or concurrent with tentative parcel/tract maps or grading permits. Said plan shall include a long-term maintenance and financing component which shall be included in the Development Agreement to be executed between the project proponent and the City of Seal Beach. Mitigation Measure M-6: 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. Mitigation Measure M-9. A landscaped buffer of no less than ten (10) feet shall be provided along the northern perimeter of Development Area D (the proposed residential site) and the eastern perimeter of Development Areas A (Old Ranch Towne Center) and D to ensure privacy and screen views to and from the adjacent residential neighborhood in Los Alamitos. This shall be completed prior to the final inspection of any building within these development areas. Mitigation Measure 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 CC Reconsideration-Ords and Resos 64 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 be prepared and submitted to the Department of Development Services for approval. Mitigation Measure M-11: Street, parking lot, and other common area lighting shall use low or high-pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party review of lighting plans. Mitigation Measure M-12: All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. Mitigation Measure M-13: 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. Mitigation Measure M-14: Commercial buildings as well as the proposed hotel, restaurant, and senior care structures shall use minimally reflective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off-site areas, particularly the AFRC, the 405 Freeway, Seal Beach Boulevard, Lampson Avenue, and adjacent residential uses. Mitigation Measure M-15: Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. Mitigation Measure M-16: Interior parking lot landscaping shall cover no less than 5%ofthe parking lot areas on-site. Cultural Resources Mitigation Measure N-1. A Phase I archaeological survey shall be undertaken by an archaeologist and Native American monitor appointed by the City of Seal Beach City Council prior to any earth moving operations. The Archaeological Advisory Committee shall review and provide comments and recommendations to the City Council regarding the proposed scope of field investigation to be completed for the Phase I survey. Such scope of work shall contain at a minimum the following: a description of the walk-over field survey methodology, including transect field spacing for the walk-over; a description of the subsurface field sampling plan to be utilized, consisting of test borings and minimum 1 x meter test pits; and a description of additional field investigations if cultural resources are identified in the Phase 1 Investigation. CC Reconsideration-Ords and Resos 65 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure N-2. Earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of the pre-grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall cease all earth removal or disturbance activities immediately and notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services. The City selected archaeologist will have the power to temporarily halt or divert the excavation equipment in order to evaluate any potential cultural material. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations. Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted. Mitigation Measure N-3. If potentially significant cultural resources are encountered during earth removal or disturbance activities, a "Test Phase", as described in the Archaeological and Historical Element of the City General Plan is required and shall be performed by the City selected archaeologist, and if potentially significant cultural resources are discovered, a "Research Design document" must be prepared by the City selected archaeologist in accordance with the provisions of the Archaeological and Historical Element of the General Plan. The results of the test phase investigation must be presented to the Archaeological Advisory Committee for review and recommendation to the City Council for review and approval prior to continuation of earth removal or disturbance activities in the impacted area of the proposed project. Mitigation Measure N-4. Project-related earth removal or disturbance activity is not authorized until such time as the "Test Phase" research is completed and accepted by the City Council and until a written "Authorization to Continue Earth Removal-Disturbance Activity" is issued by the Director of Development Services to applicant for the impacted area of the proposed project. Mitigation Measure N-5. During all "test phase" investigation activities occurring on site, the City selected archaeologist and the Native American monitor shall be present to conduct and observe, respectively, such "test phase" investigation activities. Mitigation Measure N-6. Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of CC Reconsideration-Ords and Resos 66 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Development Services. The Director of the Department of Development Services shall contact the Coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code N. relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. Mitigation Measure N-7. If evidence of subsurface paleontologic resources is found during construction, excavation and other construction activity in that area shall cease and the contractor shall contact the City Development Services Department. With direction from the City, a Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program. Recreation Mitigation Measure 0-1. Prior to final approval of a vested tentative tract map, the project applicant shall enter into a Development Agreement with the City of Seal Beach which shall specify that the project proponent will: 1. offer for dedication to the City of Seal Beach the 6.74 acre Bixby Old Ranch Tennis Club facility for public recreation purposes; 2. provide an on-site joint use public/private driving range; and 3. provide a 2.5 acre improved park facility adjacent to the residential component of the Project. * * * * CC Reconsideration-Ords and Resos C7 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 4 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE OPEN SPACE/RECREATION/CONSERVATION, BICYCLE ROUTE, CIRCULATION AND NOISE ELEMENTS OF THE GENERAL PLAN (OPEN SPACE/RECREATION /CONSERVATION, BICYCLE ROUTE, CIRCULATION AND NOISE ELEMENT AMENDMENTS 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) CC Reconsideration-Ords and Resos C8 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH AMENDING THE OPEN SPACE/RECREATION/CONSERVATION ELEMENT, BICYCLE ROUTE ELEMENT, CIRCULATION ELEMENT AND NOISE ELEMENT OF THE GENERAL PLAN (OPEN SPACE/RECREATION/CONSERVATION, BICYCLE ROUTE, CIRCULATION AND NOISE ELEMENT AMENDMENTS 98-1, BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. After a duly noticed public hearing the Planning Commission recommended denial of General Plan Amendment 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Resolution No. 4662 amending the Open Space/Recreation/Conservation Element; Resolution No. 4663 amending the Bicycle Route Element; Resolution No. 4665 amending the Circulation Element; and Resolution No. 4666 amending the Noise Element of the General Plan as more particularly set forth in Sections 6 through 9, below. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ I1.0 and III 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, CC Reconsideration-Ords and Resos 69 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 and November 4, 1998. After the public hearing, the Planning Commission found, through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this resolution is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Resolution No. 4662, 4663, 4665, and 4666 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting this Resolution pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. Based upon the foregoing,the City Council hereby finds, inter alia: (a) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds that General Plan Amendment 98-1 (Open Space/Recreation/Conservation, Bicycle Route, Circulation and Noise Elements) will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further finds that General Plan Amendment 98-1 (Open Space/Recreation/Conservation, Bicycle Route, Circulation and Noise Elements) will promote the public health, safety and welfare. Therefore, the City Council finds that General Plan Amendment 98-1 will be in the public interest, and makes the following findings of fact: (b) General Plan Amendment 98-1 (Open Space/Recreation /Conservation, Bicycle Route, Circulation and Noise Elements) will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. CC Reconsideration-Ords and Resos 70 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The general plan amendments set forth herein achieves consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5. Based upon substantial evidence in the record of the hearing and in the environmental documentation prepared in conjunction with this project, as revised, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: 1) Open Space/Recreation/Conservation Element: (a) The proposed General Plan Amendments will provide open space and recreational uses consistent with the goals and objectives of the Open Space, Recreation/Conservation Element. (b) The amendment proposed to this element relates only to adjusting the number of acres of various recreation and open space uses already identified in the General Plan to conform with the proposed development in relation to the Bixby Old Ranch Golf Course and Tennis Club uses, as revised by the City Council. Most significantly, this amendment will provide that the golf course property will be limited to open space/golf uses for at least a thirty (30) year period; that the Tennis Club facility has been offered for dedication to the City; and that a new 2.5 acre park facility will be provided for the 75 lot subdivision at the northerly portion of the site. CC Reconsideration-Ords and Resos 71 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 (c) The proposed project, in accordance with Tentative Parcel Map No. 97-165 provides 5 acres of landscaped easements to the City of Seal Beach around the overall site perimeter of Development Area B, with those landscaped easement areas varying in width from 48 to 60 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. (d) The proposed project, in accordance with Tentative Tract Map No. 15767, provides 0.912 acres of landscaped easement area along Seal Beach Boulevard to the City of Seal Beach across the entire frontage of the "commercial-retail" parcels (Development Area A), with that landscaped easement area being a total of 40 feet in width, including a reserved area 30-feet wide for landscaping and pedestrian walkways. The purpose of this landscaped easement area is to provide protection for as many of the existing eucalyptus tree row along Seal Beach Boulevard as possible, provide screening of the proposed developments and allow for off-road bicycle paths, in addition to pedestrian walkways. (e) The proposed project, in accordance with proposed Vesting Tentative Tract Map No. 15797, provides 2.5 acres of park area in conjunction with a 75-lot single-family home subdivision located between the 26-acre commercial shopping center and the City of Los Alamitos. The park facility is located to the rear of the commercial shopping center site, and is proposed to be approximately 323 feet by 327 feet in size. In addition, a 30-foot easement area across the front of the site is proposed as an extension of the landscape and off-street bike path/sidewalk treatment from the shopping center site to the south. (0 The Open Space/Recreation/Conservation Element General Plan Amendments are beneficial to the short term and long term land use goals of the City of Seal Beach; promote the public health, safety and welfare; and are in the public interest. (g) Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council. These amendments to the Open Space/Recreation/Conservation Element is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant impacts, and the alternatives, and mitigation measures related to each CC Reconsideration-Ords and Resos 72 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 significant environmental effect. No additional environmental documentation is needed. 2) Bicycle Route Element: (a) As a result of the subject applications before the City, off-street bike paths are proposed to be developed for the first time in the City, and that proposal is to be referenced in the appropriate portion of the Bicycle Route Element of the General Plan. (b) The proposed project, in accordance with Tentative Parcel Map No. 97-165 provides 5 acres of landscaped easements to the City of Seal Beach around the overall site perimeter of Development Area B, with those landscaped easement areas varying in width from 48 to 60 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. (c) The proposed project, in accordance with Tentative Tract Map No. 15767, provides 0.912 acres of landscaped easement area along Seal Beach Boulevard to the City of Seal Beach across the entire frontage of the "commercial-retail" parcels (Development Area A), with that landscaped easement area being a total of 40 feet in width, including a reserved area 30-feet wide for landscaping and pedestrian walkways. The purpose of this landscaped easement area is to provide protection for as many of the existing eucalyptus tree row along Seal Beach Boulevard as possible, provide screening of the proposed developments and allow for off-road bicycle paths, in addition to pedestrian walkways. (d) The proposed project, in accordance with proposed Vesting Tentative Tract Map No. 15797, provides 2.5 acres of park area in conjunction with a 75-lot single-family home subdivision located between the 26-acre commercial shopping center and the City of Los Alamitos. The park facility is located to the rear of the commercial shopping center site, and is proposed to be approximately 323 feet by 327 feet in size. In addition, a 30-foot easement area across the front of the site is proposed as an extension of the landscape and off-street bike path/sidewalk treatment from the shopping center site to the south. 3) Circulation Element: CC Reconsideration-Ords and Resos 73 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 (a) The necessary improvements to the Seal Beach Boulevard — San Diego Freeway interchange is to be funded through a combination of public and private funds, including Transportation Facility and Program Development Fees from the Bixby Old Ranch Towne Center project. (b) The City Council has incorporated certain revisions into the Bixby Old Ranch Towne Center Development Plan to respond to concerns regarding"cut-through"traffic into the unincorporated community of Rossmoor. Those revisions include the shifting of the entire 26.045: acre retail shopping center to the north so that no portion of the center is south of St. Cloud Drive and elimination of any exiting traffic from the retail shopping center at the existing intersection of Seal Beach Boulevard and St Cloud Drive onto St. Cloud Drive. This results in relocation of the central driveway entrance into the proposed 26.045:acre retail shopping center to a point in line with an existing entrance into Rossmoor Center, providing a fully signalized intersection at this location. This modification results in the creation of an additional signalized entrance into the retail shopping centers along Seal Beach Boulevard. (c) An analysis of the traffic impacts from these proposed changes indicates there are no significant adverse impacts created, and that the modifications do not rise to the level of requiring a re-circulation of the EIR for the project as revised. 4) Noise Element: (a) Noise information for the Los Alamitos Armed Forces Reserve Center has been updated since the Noise Element was last revised, and that updated information is provided within the Noise Element as appropriate. (b) The proposed General Plan Amendments and Development Plan, as revised by the City Council, will provide a less intensive use than is presently allowed under current General Plan regulations, assuming maximum development. The proposed uses will generate additional noise, but less than considered significant, subject to the imposition of the mitigation measures forth in the EIR. (c) The proposed Bixby Old Ranch Towne Center Development Plan, and the necessary General Plan Amendments, as revised by the City Council: are beneficial to the short term and long term land CC Reconsideration-Ords and Resos 74 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 use goals of the City of Seal Beach; promote the public health, safety and welfare; and are in the public interest. (d) Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council. This amendment is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant impacts, and the alternatives, and mitigation measures related to each significant environmental effect. No additional environmental documentation is needed. Section 6. Based on the foregoing, the Open Space/ Recreation/Conservation Element is hereby amended as follows: 1. Page 2 and 3 of the Open Space, Recreation/Conservation Element are revised to read as follows: "NEIGHBORHOOD PARKS Neighborhood parks are designed to meet the needs of individual residential developments within the City. While providing for the recreational needs of several age groups, the neighborhood park is primarily designed to cater to the needs of the 5 to 14 year old group. Children's play equipment, tennis and basketball courts and horseshoe areas are among the facilities often found at neighborhood parks. These parks vary in size from a single lot to approximately five acres. Existing neighborhood parks: 1. spell-Almond Park —College Park East 2. Bluebell-Park - College Park East 3. Heather Park- College Park East 4. Aster Park -College Park East 5. Bixby Village Park—Bixby Towne Center 6. Marina Park—Coastal District 7. Eisenhower Park—Coastal District 8. Schooner Park—Coastal District Proposed neighborhood parks: 1. Los Angeles Water and Power Property—Coastal District 2. Marina Park Expansion—Coastal District CC Reconsideration-Ords and Resos 75 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 COMMUNITY PARKS Community parks are larger than neighborhood parks and are designed to serve the needs of a broader age group. These parks often attract people from outside the immediate area in which they are located. Typically these facilities contain tennis, volleyball, handball and basketball courts, picnic areas and sports fields for seasonal sports such as baseball and football. Community parks generally range in size from 5 to 30 acres. Existing community parks: 1. Edison Park—College Park West 2. Arbor Park—College Park East 3. Tennis Facility—College Park East" 2. Page 5 of the Open Space, Recreation/Conservation Element is revised to read as follows: "GREENBELTS AND OPEN SPACE CORRIDORS Greenbelts are recognizable expanses of undeveloped land which provide an attractive open space setting and buffer between adjacent land uses. Recreational activities in these areas are usually limited to activities such as walking, picnicking and some organized games. Channels and transmission right of way offer a unique opportunity for joint use facilities. Because of their configuration, these corridors provide an excellent opportunity to incorporate as a secondary use such things as bicycle paths, equestrian trails and hiking trails. The City should seek the cooperation of other public agencies and private utility companies to expand the use of existing or proposed corridors under the control of these agencies, or companies. Existing greenbelt: 1. The Pacific Electric right of way—Coastal District 2. San Gabriel River Bicycle Trail—Coastal District 3. Bixby Old Towne Greenbelts—College Park East Proposed greenbelt: 1. San Gabriel River Bicycle Trail Coastal Distfiet" CC Reconsideration-Ords and Resos 76 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 3. Page 6 and 7 of the Open Space, Recreation/Conservation Element is revised to read as follows: "PUBLIC/PRIVATE RECREATIONAL FACILITIES Public/Private recreational facilities may or may not be open to the general public, but do provide open space and a service to the community which might otherwise not be provided. These facilities may be located within a residential development and owned and maintained by the residents of the community or they could consist of individually owned and operated commercial enterprises. Existing public/private recreational facilities: Leisure World Golf Course — Leisure World Leisure World Club House— Leisure World Old Ranch County Club — Adjacent to College Park East Old Ranch Tennis Club Adjacent to College Park East Hellman Ranch Reserve Golf Course & Clubhouse—Hellman Ranch" 4. Page 7 of the Open Space, Recreation/Conservation Element is revised to read as follows: "EXISTING ACREAGE PROPOSED ACREAGE Regional Parks Beaches 52.1 ' Los Alamitos Retarding Basin, Phase 1 34.7 Sunset Aquatic Park 28.0 ' Sunset Aquatic Park 67.0 Community Parks Edison 26.0 1'2 Armed Forces Arbor Park 13.0 2 Tennis Facility 6.7 Neighborhood Parks Almond 1.8 CC Reconsideration-Ords and Resos 77 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Marina Community 2.4 L.A. Water& Power 7.0 6 Eisenhower 1.4 Schooner 0.8 Bluebell 1.3 Heather 1.6 Aster 0.6 Bixby Village 2.5 Greenbelt Pacific Electric Right-of- 8.2 ' San Gabriel River 2.3 Way Bixby Old Towne Center 6.4 Bixby Village 0.3 Special Use Facilities Gum Grove Nature Park 10.2 1 N. Seal Beach Center 0.5 McGuagh School 6.8 1.7 Zoeter School 2.4 1'7 TOTALS: 157.1 111.0 173.0 GRAND TOTAL (Existing & Proposed): 268.1 284.0" Staff is directed to revise the Open Space/Recreation/Conservation Element accordingly. Section 7. Based on the foregoing, the Bicycle Route Element is hereby amended as follows: 1. Page 7 of the Bicycle Route Element is revised to read as follows: "It appears that the bicycling trend is developing to the point where there would be substantial justification for bicycle routes on all arterial streets in the City. Bike routes could also become a part of the permanent design standards for the arterial street system. In addition to routes on arterial streets, a continuing program of providing off-street bicycle trails, similar to those proposed for the Bixby Old Ranch Towne Center development, will be pursued. The City would then end up with bike trail systems, CC Reconsideration-Ords and Resos 78 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 combining off-street and on-street routes, to serve the bicycling needs of the community." Staff is directed to revise the Bicycle Route Element accordingly. Section 8. Based on the foregoing, the Circulation Element is hereby amended as follows: 1. "Section Four: Implementation", subsection titled "Capital Improvements Program", the second area of concern is revised to read as follows: "Seal Beach Boulevard — San Diego Freeway interchange improvements (This improvement is to be funded through a combination of public and private funds, including Transportation Facility and Program Development Fees from the Bixby Old Ranch Towne Center project)." Staff is hereby directed to revise the Circulation Element accordingly. Section 9. Based on the foregoing, the Noise Element is hereby amended as follows: 1. Page 12 of the Noise Element, Measurement Data, the third paragraph, is revised to read as follows: "The NAS Los Alamitos Armed Forces Reserve Center noise contour map represents contours developed incorporated by the California National Guard in the "Air Installation Compatible Use Zone (AICUZ) Study, Armed Forces Reserve Center, Los Alamitos Army Airfield, Los Alamitos, Orange County, California", dated June 1, 1994, and the Orange County Airport Land Use Commission Airport Environs Land Use Plan (AELUP), based on provided a report prepared by the U. S. Army Environmental Hygiene Agency in 1987, titled "Noise Contours for Current Operations at Los Alamitos Army Airfield, Armed Forces Reserve Center, Los Alamitos, California", Environmental Noise Assessment No. 52-34-0424-88, dated 1987." 2. Page 16 of the Noise Element, Estimates of Future Noise Environment, Airport Noise, is revised to read as follows: "The present CNEL contours associated with NAS Los Alamitos Armed Forces Reserve Center were developed on the basis of 440,000 55,000 helicopter operations per year, approximately 97% of which are helicopter operations. This volume is much greater than the present level CC Reconsideration-Ords and Resos 79 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StalfReport August 23, 1999 of operations, which in 1996 was approximately 43,700 operations. At present there-are no plans have been submitted to restore fixed wing jet aircraft activity. - . , • - • ' - • - . . . . . •- . . training activities for jet aircraft away from major urban areas in Deere- Thus, the contours for NAS Los Alamitos Armed Forces Reserve Center in this element are in reality much closer to the airfield noise contours and flight paths than--shown indicated in the 1994 AICUZ Study . • • ' - - • • • • • • • - •-- - " 3. The Naval Air Station Los Alamitos noise contour map is replaced with Figure 6.2-1, Existing Noise Contours, page 23 of"Air Installation Compatible Use Zone (AICUZ) Study, Armed Forces Reserve Center, Los Alamitos Army Airfield, Los Alamitos, Orange County, California", dated June 1, 1994, prepared by the California National Guard. Staff is hereby directed to revise the Noise Element accordingly. 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk CC Reconsideration-Ords and Resos 80 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 STATE OF CALIFORNIA } COUNTY OF ORANGE } S S CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 81 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 5 ORDINANCE NUMBER 1436, AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98- 1 (BIXBY OLD RANCH TENNIS CLUB SITE, DEVELOPMENT AREA "E") CC Reconsideration-Ords and Resos 82 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ORDINANCE NUMBER 1436 AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98-1 (BIXBY OLD RANCH TENNIS CLUB SITE, DEVELOPMENT AREA "E") THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. After a duly noticed public hearing to consider, inter alia, Zone Change 98-1, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding Zone Change 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No. 1436, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to change the zoning of the subject property designated as Development Area "E", as more particularly depicted in the maps attached hereto as Exhibit "A". On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 No. 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEW), 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 DEW 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 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 CC Reconsideration-Ords and Resos 83 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 conducted a public hearing to consider revisions to the FIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange County Superior Court. The approval of this ordinance is within the scope of the project analyzed in the Final FIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Ordinance No. 1436 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1436 pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. Based upon the foregoing, the City Council hereby finds, inter alia: 0/ 4 Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby fmds that Zone Change 98-1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further fmds that Zone Change 98-1 will promote the public health, safety and welfare. Therefore, the City Council fmds that Zone Change 98-1 will be in the public interest, and makes the following fmdings of fact: (b) Zone Change 98-1 will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Anned Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. CC Reconsideration-Ords and Resos 84 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the Eat, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5. Based on the foregoing, the City Council hereby adopts Zone Change 98-1 (Bixby Old Ranch Tennis Club Site), and amends the Zoning Map of the City of Seal Beach as follows: (a) The property generally known as the Bixby Old Ranch Tennis Club, bounded by Lampson Avenue, Basswood, and the I-405 Freeway right-of-way, consisting of approximately 6.74 acres, shall be zoned Public Land Use/Recreation (PLU/R). This zone change is more particularly depicted in the map attached hereto as Exhibit "A", designating the "Tennis Club" property, with an accompanying legal description. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1999. Mayor Attest: City Clerk CC Reconsideration-Ords and Resos 85 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 1999, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 1999 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk CC Reconsideration-Ords and Resos 86 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 EXHIBIT "A" (Map Depicting Bixby Old Ranch Tennis Club Site, and accompanying Legal Description) CC Reconsideration-Ords and Resos 87 • • • /•. / • r ...... I • • / • tir..111A11•1111 • ;MM�M • / / • M / • / • I pc ��►'11111111 We • • ( 10,A, • / / / ALIV\ le um arrue woo MI ism fril / •. / • • •• �••� • errs , • ' •�'��•`• ! w.w•we • . rillr � �•. PAINT p F �•'� �� i � •'`' • �'� � .. 1 • • p_. . ....... ...... � • • i II 111, *10 UM SOWN • • • • � ••_••_ .r • •. •I • • ....162, /•• • • � •. ea •• . +.. •�•• • • 10•1111114 • •••mown•••OEM 11•111411111111.0 SIIIINSPO••Iiiiii.11111•11Mile••alum••• •.1. a i• ••40 •••angiew.••vim..•••mums••Teem&••was 00 0. a ii•-— Mt Mw lime�� •1PO�•� er•y Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Legal Description - Bixby Old Ranch Tennis Club Property Bixby Old Ranch Tennis Club Property In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the intersection of the northerly line of Parcel 1 of the land described in the deed to the State of California recorded February 2, 1960 in Book 5082, Page 307 of Official Records with the southeasterly line of Lampson Avenue 80.00 feet wide, as described in the deed to the City of Seal Beach recorded April 7, 1965 in Book 7475 Page 46 of Official Records, said point being the beginning of a curve in said southeasterly line, concave northwesterly having a radius of 1040.00 feet, a radial to said point bears S 00°11'56" W; thence northeasterly 930.35 feet along said curve through a central angle of 51°15'17"; thence N 38°56'39" E 145.00 feet along said southeasterly line to the westerly corner of Parcel 3 of the land described in Book 7594, Page 609 of Official Records; thence N 89°08'14" E 39.05 feet along the southerly line of said Parcel 3 to the southwesterly line on Parcel 2 described in said deed; thence S 51°03'21" E 89.94 feet along said southwesterly line to the beginning of a curve concave northeasterly having a radius of 430.00 feet; thence southeasterly 282.46 feet along said curve through a central angle of 37°38'25" to a point to which a radial bears S 01°18'14" W, said point being the beginning of a curve in the westerly line of Parcel 1 of the land described in the deed to the City of Seal Beach recorded March 13, 1968 in Book 8541, Page 859 of Official Records, said curve being concave southwesterly having a radius of 15.00 feet; thence southeasterly 23.27 feet along said curve through a central angle of 88°53'42"; thence S 00°11'56" W 220.78 feet along said westerly line to the beginning of a curve concave westerly having a radius of 40.00 feet; thence southerly 21.49 feet along said curve through a central angle of 30°47'03" to the beginning of a reverse curve concave easterly having a radius of 70.00 feet; thence southerly 109.69 feet along said curve through a central angle of 89°47'00" to said northerly line of the land of the Sate of California; thence N 89°48'04" W along said northerly line to the point of beginning. The above describes an area of 6.735 acres, more or less. * * * * CC Reconsideration-Ords and Resos 88 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 6 ORDINANCE NUMBER 1437, AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98- 1 (DEVELOPMENT AREAS "A" AND "B") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 89 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ORDINANCE NUMBER 1437 AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98-1 (DEVELOPMENT AREAS "A" AND "B") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. After a duly noticed public hearing to consider, inter alfa, Zone Change 98-1, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding Zone Change 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No. 1437, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to change the zoning of the subject property designated as Development Areas "A" and "B", as more particularly depicted in the maps attached hereto as Exhibit "A". On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 No. 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEUR), to study the environmental impacts arising from the proposed Bixby Old Ranch Towne Center Development Plan and related Zoning amendments, including this amendment. The DEER 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 CC Reconsideration-Ords and Resos 90 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff-Report August 23, 1999 Ranch Towne Center Development Plan Final Environmental Impact Report (RR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the EIR and a statement of overriding considerations pursuant to the August 3, 1999 writ issued by the Orange Count Superior Court. The approval of this ordinance is within the scope of the project analyzed in the Final ER, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Ordinance No. 1437 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1437 pursuant to the August 3 writ issued by the Orange County Superior Court. Section 4. Based upon the foregoing, the City Council hereby finds, inter alia: (c) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby fmds that Zone Change 98-1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further fmds that Zone Change 98-1 will promote the public health, safety and welfare. Therefore, the City Council fmds that Zone Change 98-1 will be in the public interest, and makes the following findings of fact: (b) Zone Change 98-1 will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Aimed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by CC Reconsideration-Ords and Resos 91 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the FIR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5_ Based on the foregoing, the City Council hereby adopts Zone Change 98-1 (Development Areas "A" and "B"), and amends the Zoning Map of the City of Seal Beach as follows: (b) Those areas designated as Development Areas A and B in the Bixby Old Ranch Towne Center Development Plan, shall be zoned General Commercial (C-2) with an Old Ranch Towne Center Development Plan Overlay. This zone change is more particularly depicted in the maps attached hereto as Exhibit "A", designating Development Areas "A" and "B", with accompanying legal descriptions. Section 6_ Based on the foregoing, the City Council hereby amends the Code of the City of Seal Beach as follows: (a) Section 28-1405 is hereby added to Article 14 of Chapter 28 of the Code of the City of Seal Beach to read as follows: "Section 28-1405. Old Ranch Towne Center Development Plan Overlay. There is established in the C-2 Zone the Old Ranch Towne Center Development Plan Overlay. All development in those portions of Planning District 6 designated as "Development Area A" and "Development Area B" in the Bixby Old Ranch Towne Center Development Plan shall be in conformance with, and limited to, the CC Reconsideration-Ords and Resos 92 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 plans, specifications and proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards of the C-2 Zone." PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1999. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 1999, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 1999 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers CC Reconsideration-Ords and Resos 93 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk CC Reconsideration-Ords and Resos 94 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionmy Land Use Entitlements City Council Staff Report August 23, 1999 EXHIBIT "A" (Maps Depicting Development Areas "A" and "B", and accompanying Legal Descriptions) CC Reconsideration-Ords and Resos 95 _� _ • MN i I it MD NM el MI IMO �� all...."11111..,,:i 611101 0103 N P(4 tixi 10,0% Cho S . I IGI, gI -._, S 'I �I I 1 A 4 0 :4 Nr ,� til' �ifill,�;1 .L !' iir % t1JiL Flfilliant �� 1 I LEL i11114 !i1i N I gli li AJ,,t_s I W• • Ir ! 10 V flEt1 1 L;�„Q-- ki NIPS 11 : - EP IINNIllf • • i IN.1, . 0 Ir ----1 Ee NA V--1 .�. . of !lief<J Q < •• Ns t 11` -sr -- i U • •. \- g • • i - !twill iliiI • .l. • 1 ..iii . • Cri Q.I. . r . . 4m..••• . .k Q• 1 •j i ` 1 1 1 1 1 1 t I -� • �� ,c2, • ): Z . :. i . < i. . . N' ._ . .,'..4.11.:14-7•44 1 ....1 . .: Igliaii -1 i N• : 41 46RM I ._ 3 _01 .. I • .._. arnmeeer„Izzam .. • -1 • ONINNI03SI II i 1 20 1NIOd 3flj II; ii! ll . - V d3Elb M I1 M t3 •�' • TENTATIVE PARCEL MAP NO 97-165 • • • PnititrAiiptint ^- �1 M. • • • _� C'0"0� ••••• D om►�tQO� rZ.• al •= = z`i. • -ter'.'+ '_—* --.• MEN •s._;.__._;. •=Z..._.. E•' :ail+_. recTe�— • • 111 r- t.=---..—!- !:.1""... i Eh-.i. M. MI r...Mamma IMO. linitiltleemil I. • t �Ex11000 8lipowiramom �!y�i % ♦ . • be 4 Va 41 �\\ I, Ansi - :.s I ■�ill. • \:�,, :, LANDSCAPE ''° ass �.. �. SET BACK ...__ • r 0 1I_. , =rte IDI 4,,, . NM I INNS ill or 4•° \a eft am aim. i 11 1 t NIand, N• C.�.. , MatajiimpL • • LANDSCAPE SET BACK . _ I Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Legal Descriptions — Development Areas "A" and "B" Area A (26.045 Acre Retail/Commercial Center) In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right-of-way of Seal Beach Boulevard a distance of 231.24 feet to the TRUE POINT OF BEGINNING; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44° 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 464.63 feet; thence N 89° 48' 30" W a distance of 74.75 feet; thence S 45° 11' 30" W a distance of 35.36 feet; thence S 00° 11' 30" W a distance of 528.45 feet; thence N 89° 48' 30" W a distance of 534.73 feet; S 45° 11' 30" W a distance of 36.64 feet thence S 00° 11' 30" W a distance of 58.69 feet; thence N 89° 48' 30" W to the easterly right-of-way of Seal Beach Boulevard, a distance of approximately 289.76 feet; thence northerly along said right-of-way to the TRUE POINT OF BEGINNING. The above describes an area of 26.045 acres, more or less. * * * * Area B (8.57 Acre Hotel, etc. and 5 acre landscaping and street parcel; include outline of green belt) In the City of Seal Beach, County of Orange, State of California, being Parcels 1, 2 and 3 of the map filed in Book 15, Page 11 of Parcel Maps, in the Office of the County Recorder of said county. The above describes an area of 13.567 acres, more or less. * * * * CC Reconsideration-Ords and Resos 96 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 7 ORDINANCE NUMBER 1438, AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98- 1 (DEVELOPMENT AREA "C") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 97 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ORDINANCE NUMBER 1438 AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98-1 (DEVELOPMENT AREA "C") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. After a duly noticed public hearing to consider, inter alfa, Zone Change 98-1, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding Zone Change 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No. 1438, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to change the zoning of the subject property designated as Development Area "C", as more particularly depicted in the maps attached hereto as Exhibit "A". On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final FIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final FIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ lI.0 and III 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 DEW 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 CC Reconsideration-Ords and Resos 98 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Stet fl August 23, 1999 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 ordinance is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Ordinance No. 1438 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1438 pursuant to the August 3 writ issued by the Orange County Superior Court. Section 4. Based upon the foregoing, the City Council hereby finds, inter alia: (d) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds that Zone Change 98-1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further fmds that Zone Change 98-1 will promote the public health, safety and welfare. Therefore, the City Council fmds that Zone Change 98-1 will be in the public interest, and makes the following findings of fact: (b) Zone Change 98-1 will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. CC Reconsideration-Ords and Resos 99 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Stafj`'Report August 23, 1999 Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5. Based on the foregoing, the City Council hereby adopts Zone Change 98-1 (Development Area "C"), and amends the Zoning Map of the City of Seal Beach as follows: (a) The area designated as Development Area C in the Bixby Old Ranch Towne Center Development Plan, as revised by the City Council and by the applicant as shown on proposed Vesting Tentative Map No. 15797 and proposed Tentative Tract Map No. 15767, shall be zoned Recreation-Golf (R-G) with an Old Ranch Towne Center Development Plan Overlay. This zone change is more particularly depicted in the map attached hereto as Exhibit "A", designating Development Area "C", with an accompanying legal description. Section 6. Based on the foregoing, the City Council hereby amends the Code of the City of Seal Beach as follows: (a) Section 28-1903 is hereby added to Article 19 of Chapter 28 of the Code of the City of Seal Beach to read as follows: "Section 28-1903.Old Ranch Towne Center Development Plan Overlay. There is established in the R-G Zone the Old Ranch Towne Center Development Plan Overlay. All development in that portion of Planning District 6 designated as "Development Area C" in the Bixby Old Ranch Towne Center Development Plan shall be in conformance with, and limited to, the plans, specifications and CC Reconsideration-Ords and Resos 100 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards of the R-G Zone." PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1999. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 1999, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 1999 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. CC Reconsideration-Ords and Resos 101 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 City Clerk CC Reconsideration-Ords and Resos 102 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionaty Land Use Entitlements City Council Staff Report August 23, 1999 EXHIBIT "A" (Map Depicting Development Area "C", and accompanying legal description) CC Reconsideration-Ords and Resos 103 NAREA C . sex efxrl eovurv,,l:o i i • / 1 . 1 I AI I t 1 I 111 ,\ p • C Z •1 • x 1 0 -13 i‘.,., o -7, r � CD , i r.iZ If 71 p . i i cci Z �I111\ )10 Z_ ii ..... si \ 1 i . .... .,•..., _..... C aoV cam Caw Ur r,�..0 ... 4 1 ^�-- !cx f1► RANCH COIrP,WY ... .... Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Legal Description - Development Area "C" Area C (157.290 Acre Commercial Recreational Use) In the City of Seal Beach, County of Orange, State of California, being an undivided portion of Sections 31 and 32, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, described as follows: Beginning at the northeast corner of the southwest quarter of the northeast quarter of said Section 31; thence southerly along the east line of the southwest quarter of the northeast quarter of said Section 31 a distance of 1082.46 feet to the southeasterly-most corner of Vesting Tentative Map Number 15797, said point also being the TRUE POINT OF BEGINNING; thence southerly along said east line of the southwest quarter of the northeast quarter of said Section 31 to the south line of the northeast quarter of said Section 31; thence easterly along the south line of the northeast quarter of said Section 31 and the south line of the northwest quarter of said Section 32 to the northerly right-of- way line of Lampson Avenue, 80 feet wide; thence westerly, southwesterly and northwesterly along said northerly right-of-way line to the easterly right-of-way line of Seal Beach Boulevard, 80 feet wide; thence northerly along said easterly right-of-way line of Seal Beach Boulevard to the southwest corner of the land shown on Tentative Tract Map Number 15767; thence departing said Seal Beach Boulevard right-of-way S 89°48'30" E a distance of 289.76 feet; thence N 00°11'30" E a distance of 58.69 feet; thence N 45°11'30" E a distance of 36.64 feet; thence S 89°48'30' E a distance of 534.73 feet; thence N 00°11'30" E a distance of 319.03 feet; thence N 00°11'30" E a distance of 209.42 feet; thence N 45°11'30" E a distance of 35.36 feet; thence S 89°48'30" E a distance of 74.75 feet; thence S 00°11'30" W a distance of 17.19 feet; Thence S 89°48'30" E a distance of 330.08 feet to the TRUE POINT OF BEGINNING; The above describes an area of 157.290 acres, more or less. * * * CC Reconsideration-Ords and Resos 104 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 8 ORDINANCE NUMBER 1439, AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98- 1 (DEVELOPMENT AREA "D") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 105 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ORDINANCE NUMBER 1439 AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING ZONE CHANGE 98-1 (DEVELOPMENT AREA "D") AND ADOPTING THE OLD RANCH TOWNE CENTER DEVELOPMENT PLAN OVERLAY (BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. After a duly noticed public hearing to consider, inter alia, Zone Change 98-1, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding Zone Change 98-1. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No. 1-4371439, amending the Zoning Ordinance and Zoning Map of the City of Seal Beach to change the zoning of the subject property designated as Development Area "C", as more particularly depicted in the maps attached hereto as Exhibit "A". On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 No. 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and In 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 DEER 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 (FIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a CC Reconsideration-Ords and Resos 106 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionaty Land Use Entitlements City Council Staff j Report August 23, 1999 public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final IIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the IIR and a statement of overriding considerations pursuant to the August 3 writ issued by the Orange County Superior Court. The approval of this ordinance is within the scope of the project analyzed in the Final BR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Ordinance No. 1439 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting Ordinance No. 1439 pursuant to the August 3 writ issued by the Orange County Superior Court. Section 4. Based upon the foregoing, the City Council hereby finds, inter alia: (e) Based upon substantial evidence in the record of the City Council hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby fmds that Zone Change 98-1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further fmds that Zone Change 98-1 will promote the public health, safety and welfare. Therefore, the City Council finds that Zone Change 98-1 will be in the public interest, and makes the following fmdings of fact: (b) Zone Change 98-1 will conform land uses to those set forth within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property: 1. Preserves the existing golf course. 2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes. 3. Creates a comprehensive development program for under- utilized and vacant properties. 4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center. 5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City. 6. Adequately mitigates project-related traffic and noise impacts. 7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left turn movements only. CC Reconsideration-Ords and Resos 107 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5, Based on the foregoing, the City Council hereby adopts Zone Change 98-1 (Development Area "D"), and amends the Zoning Map of the City of Seal Beach as follows: (b) The 12.007 and 2.649 acre areas designated as Development Area D in the Bixby Old Ranch Towne Center Development Plan, as revised by the City Council and by the applicant as shown on proposed Vesting Tentative Map No. 15797, dated 11-17-98, shall be zoned Residential Medium Density (RMD) and Public Land Use/Recreation (PLU/R), respectively, with an Old Ranch Towne Center Development Plan Overlay. This zone change is more particularly depicted in the map attached hereto as Exhibit "A", designating Development Area "D", with an accompanying legal description. Section 6. Based on the foregoing, the City Council hereby amends the Code of the City of Seal Beach as follows: (a) Section 28-705 is hereby added to Article 7 of Chapter 28 of the Code of the City of Seal Beach to read as follows: "Section 28-705. Old Ranch Towne Center Development Plan Overlay. There is established in the Residential Medium Density (RMD) Zone the Old Ranch Towne Center Development Plan Overlay. All development in that portion of Planning District 2 designated as "Development Area D", as revised by the City Council, in the Bixby CC Reconsideration-Ords and Resos 108 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Old Ranch Towne Center Development Plan approved on November 23, 1998 shall be in conformance with, and limited to, the plans, specifications and proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards of the RMD and PLU/R Zone." PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1999. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 1999, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 1999 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers CC Reconsideration-Ords and Resos 109 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk CC Reconsideration-Ords and Resos 110 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 EXHIBIT "A" (Map Depicting Development Area "D", and accompanying legal description) CC Reconsideration-Ords and Resos 111 N•�� 1 jt • , E j /1 I • ...r..• .4, 44 ..1N�f._... .• • •• I • •' I I I: il it i •°°. 0 •• s L. i' . I i�'• •• 4 • POINT OF•'6EGINNING w •!• . ,� i •• Y• 111111 III I d ! 13 : 41 � Ills 1oo�wi1 1. f 3114 la 11.1.1111rimpaNILINDMINIIIalemiliendwirmim•ammo Imo eft �M�••�N�••...N Ili Li I ,I I • I rr • $• flit 1• Li S raiiiris . ��... ll • • • C j I 1es# I S . .... 1 [:�cn rateean, • • • d X CO • y • } M • • • Doi upfc-1 at • • ..................... L �� •�+ }xare I • O i:-::-71-z.:-1-7.17T�fn------Anal C+ �00-SS:[[f�j,�..�.•..��f��.�� • • l‘ifrne • -- .•.�.. 1038 . Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Legal Description - Development Area "D" Exhibit "D" —Area D (15.649 Acre Residential/Park Use) In the City of Seal Beach, County of Orange, State of California, being a portion of Parcel 1 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county, and being an undivided portion of the Northeast Quarter of Section 31, Township 4 South, Range 11 West, San Bernardino Base and Meridian, in the Rancho Los Alamitos, as per the map filed in Book 14, Page 31 of Deeds, in the Office of the County Recorder of said county, more precisely described as follows: Beginning at the southwest corner of Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, in the Office of the County Recorder of said county; thence southerly along the easterly right-of-way of Seal Beach Boulevard a distance of 231.24 feet; thence S 89° 48' 30" E a distance of 526.34 feet; thence S 00° 11' 30" W a distance of 8.68 feet; thence S 89° 48' 30" E a distance of 450.39 feet; thence S 44° 48' 30" E a distance of 47.26 feet; thence S 00° 11' 30" W a distance of 83.28 feet; thence S 45° 11' 30" W a distance of 113.13 feet; thence S 00° 11' 30" W a distance of 481.82 feet; thence S 89° 48' 30" E a distance of 330.08 feet to the east line of the southwest quarter of the northeast quarter of said Section 31; thence northerly along said east line to the north line of said southwest quarter of the northeast quarter of said Section 31, a distance of approximately 1082.46 feet; thence westerly along said north line to the northeast corner of said Parcel 2 of the map filed in Book 16, Page 14 of Parcel Maps, as amended by Lot Line Adjustment LL87-1, filed as Instrument Number 87-500586 in the Office of the County Recorder of said county, a distance of approximately 1045.24 feet; thence southerly along the east line of said Lot Line Adjustment to the southeast corner of said Lot Line Adjustment, a distance of approximately 164.28 feet; thence west along the south line of said Lot Line Adjustment and the south line of said Parcel 2, a distance of approximately 214.97 feet, to the point of beginning. The above describes an area of 15.649 acres, more or less. * * * * CC Reconsideration-Ords and Resos 112 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 9 ORDINANCE NUMBER 1440, AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BIXBY RANCH COMPANY, REGARDING THE "BIXBY OLD RANCH TOWN CENTER DEVELOPMENT PLAN" CC Reconsideration-Ords and Resos 113 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ORDINANCE NUMBER 1440 AN ORDINANCE OF THE CITY OF SEAL BEACH RE-ADOPTING A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF SEAL BEACH AND BIXBY RANCH COMPANY, REGARDING THE "BIXBY OLD RANCH TOWN CENTER DEVELOPMENT PLAN" THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES ORDAIN AS FOLLOWS: Section 1. The City and Bixby Ranch Company desire to enter into a development agreement pursuant to Government Code Sections 65864 through 65869.5, and Article 27.5 of Chapter 28 of the Code of the City of Seal Beach, California with respect to that certain real property commonly known as the "Bixby Old Ranch Towne Center Development Plan" area and more particularly described in the proposed development agreement, attached hereto as Exhibit A. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 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 ordinance is within the scope of the project analyzed in the Final EIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. CC Reconsideration-Ords and Resos 1 14 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Section 3. After a duly noticed public hearing to consider, inter alia, this Development Agreement, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding this Development Agreement. The City Council held properly noticed public hearings regarding the proposed development agreement on November 9 and November 17, 1998, and has held another public hearing on August 23, 1999 pursuant to the writ issued by the Orange County Superior Court on August 3, 1999 in the matter of City of Los Alamitos et al. v. City of Seal Beach. Section 4. The City Council hereby fmds that the proposed development agreement is consistent with the General Plan of the City of Seal Beach, as amended on November 23, 1998, and as proposed to be amended concurrently with the adoption of this Ordinance, and the Bixby Old Ranch Towne Center Development Plan. Section 5. Based upon the foregoing, the City Council hereby approves the proposed development agreement, incorporated by reference herein and attached hereto as Exhibit "A" and authorizes the Mayor to execute said development agreement on behalf of the City. Section 6. The time within which to challenge the subject development agreement is governed by Government Code Section 65009. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1999. Mayor Attest: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } CC Reconsideration-Ords and Resos 115 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 I, Joanne M. Yeo, City Clerk of the City of Seal Beach, California, do hereby certify that the foregoing ordinance is an original copy of Ordinance Number on file in the office of the City Clerk, introduced at a meeting held on the day of , 1999, and passed, approved and adopted by the City Council of the City of Seal Beach at a meeting held on the day of , 1999 by the following vote: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers ABSTAIN: Councilmembers and do hereby further certify that Ordinance Number has been published pursuant to the Seal Beach City Charter and Resolution Number 2836. City Clerk CC Reconsideration-Ords and Resos 116 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 EXHIBIT "A" BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN "Development Agreement and Amendment to Memorandum of Understanding Dated July 14, 1997 - Bixby Old Ranch Towne Center Development Project, August 23, 1998" CC Reconsideration-Ords and Resos 117 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 10 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP NO. 97-165 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) CC Reconsideration-Ords and Resos 118 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE PARCEL MAP NO. 97-165 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. After a duly noticed public hearing the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding this map. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Resolution No. 4667, approving Tentative Parcel Map 97-165 as more particularly set forth in Section 7, below. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final FIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 City Council adopted City CC Reconsideration-Ords and Resos 1 19 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 FIR 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 FIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding Resolution No. 4667 on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting this Resolution pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. Applicant seeks to establish the following uses as part of the Bixby Old Ranch Towne Center Development Plan: (a) Tentative Parcel Map No. 97-165 will create four parcels for the proposed Brighton Gardens Senior Care Facility, hotel, site and two restaurant sites at the southeast corner of Seal Beach Boulevard and Lampson Avenue. Below is a summary of the proposed lots for Parcel Map 97-165: Parcel Number Proposed Use Gross Area Landscape Setback Area ❑ Lot 1 Restaurant Site 3.004 acres 1.816 acres • Lot 2 Restaurant Site 1.768 acres 0.281 acres ❑ Lot 3 Hotel Site 2.925 acres 0.925 acres ❑ Lot 4 Brighton Gardens Site 5.383 acres 1.491 acres ❑ Dedication Area to City 0.487 acres 0.487 acres TOTAL 13.567 acres 5.000 acres (b) This 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. Section 5. Based upon substantial evidence in the record of the hearing, including the facts stated in § 4 of this resolution, and in the revised environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: CC Reconsideration-Ords and Resos 120 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 (a) The Tentative Parcel Map is beneficial to the short term and long term land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest. (b) The Map is consistent with applicable General Plan elements and the Bixby Old Ranch Towne Center Development Plan in that the Map requires dedications that are consistent with said plans. (c) The design of the parcel map will not interfere with existing easements, acquired by the public or utilities that serve the public, because the parcel map will preserve and maintain existing easements. (d) The site is physically suitable for the proposed subdivision. (e) The design of the subdivision is not likely to cause substantial environmental damage as all mitigation measures contained in the Environmental Impact Report (EIR) to protect the environment will be implemented. (f) Pursuant to Section 15168 of the CEQA Guidelines, a revised FIR has been prepared and has been certified by the City Council. This subdivision is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant environmental impacts, and the alternatives, and mitigation measures related to each significant environmental effect. No additional environmental documentation is needed. Section 6. Based upon the foregoing, the City Council of the City of Seal Beach does approve Tentative Parcel Map No. 97-165, subject to the following conditions: 1. Conditions of approval shall be those mitigation measures relating to the various land uses of the subject property, as determined by the City Council upon City Council approval of the "Mitigation Monitoring Program" for the Bixby Old Ranch Towne Center Development Plan Environmental Impact Report, and those conditions, fees, dedication requirements and other duties imposed pursuant to the Development Agreement between the City of Seal Beach and the Applicant. 2. Prior to Final Map approval, the final configuration of Lots 1 through 4 and the dedication area shall be shown on the proposed Final Map. Minor changes in the size and configuration of Lots 1 through 4 and the dedication area will not require an amendment to this tentative parcel map. CC Reconsideration-Ords and Resos 121 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements Ciry Council Staff Report August 23, 1999 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 122 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 11 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TENTATIVE TRACT MAP NO. 15767 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) CC Reconsideration-Ords and Resos 123 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING TRACT MAP NO. 15767 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. After a duly noticed public hearing he Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding this map. On November 23, 1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Resolution No. 4668, approving Tentative Tract Map No. 15767 as more particularly set forth in Section 7, below. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final EER. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEER), 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 DEER 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 RR 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 CC Reconsideration-Ords and Resos 124 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 MR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The City Council held properly noticed public hearings regarding this map on November 9 and November 17, 1998. The City Council held another public hearing on August 23, 1999 to reconsider approving this map pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. Tract Map No.15767 creates the proposed 26.045-acre "retail- commercial" site and further parcelize the "retail-commercial" site into 8 commercial parcels, with reciprocal access easements for all these parcels. A summary of the proposed parcels is provided below: Parcel Number Proposed Use Gross Area Landscape Setback Area o Lot 1 "Commercial Retail" site 11.768 acres 0.077 acres o Lot 2 "Commercial-Retail" Site 4.065 acres 0.028 acres o Lot 3 "Commercial-Retail" Site 4.857 acres 0.075 acres o Lot 4 "Commercial-Retail" Site 0.783 acres 0.121 acres o Lot 5 "Commercial-Retail" Site 0.524 acres 0.081 acres o Lot 6 "Commercial-Retail" Site 1.172 acres 0.176 acres o Lot 7 "Commercial-Retail" Site 1.216 acres 0.183 acres o Lot 8 "Commercial-Retail" Site 1.527 acres 0.171 acres TOTAL 26.045 acres 1.201 acres (a) This proposed parceli7ation results in a total of 24.844 acres of useable property for the proposed "retail -commercial" parcels. (b) This tract map provides 1.201 acres of landscaped easement area along Seal Beach Boulevard to the City of Seal Beach across the entire frontage of the "commercial-retail" parcels, with that landscaped easement area being a total of 40 feet in width, including a reserved area 30-feet wide for landscaping and pedestrian walkways. The purpose of this landscaped easement area is to provide protection for as many of the existing eucalyptus tree row along Seal Beach Boulevard as possible, provide screening of the proposed developments and allow for off-road bicycle paths, in addition to pedestrian walkways. CC Reconsideration-Ords and Resos 125 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Section 5. Based upon substantial evidence in the record of the hearing, including the facts stated in § 5 of this resolution, and in the environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby fmds: (a) The Tract Map is beneficial to the short term and long term land use goals of the City of Seal Beach; will promote the public health, safety and welfare; and is in the public interest. (b) Tract Map 15767 is consistent with the General Plan, as amended, and the Bixby Old Ranch Towne Center Development Plan in that the map would allow the construction of retail-commercial uses in accordance with the approved General Plan and Zoning Map amendments approved by the City Council relating to the subject development. (c) The site is physically suitable for the type of development, as conditioned by the appropriate General Plan Amendments and Zone Change approvals, subject to compliance with all appropriate mitigation measures as set forth in the "Bixby Old Ranch Towne Center Development Plan EIR". (d) The site is physically suitable for the proposed density of development, and generally conforms to the development standards as established through Zone Change 98-1. (e) The design of the subdivision is not likely to cause substantial environmental damage because all mitigation measures contained in the EIR done for this project have been incorporated as conditions of approval and will be implemented. (f) The design of the subdivision is not likely to cause serious public health problems because all necessary utilities and services are available to serve the project. (g) The design of the subdivision will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision because all easements will be adequately preserved, maintained and/or abandoned with new easements created. (h) The discharge of water from the subdivision into the existing community sewer system will not violate existing requirements prescribed by the local regional water quality control board. (i) Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council. This subdivision is within CC Reconsideration-Ords and Resos 126 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant environmental impacts, and the alternatives, and mitigation measures related to each significant environmental effect. No additional environmental documentation is needed. Section 6. Based upon the foregoing, Tract Map 15767, is hereby approved, subject to the attached conditions shown as "Exhibit A", which is incorporated herein by reference. PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a meeting thereof held on the day of , 1999, by the following vote: AYES: Councilmembers NOES: Councihnembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. CC Reconsideration-Ords and Resos 127 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 City Clerk CC Reconsideration-Ords and Resos 128 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 "EXHIBIT A" 1. Conditions of approval shall be those mitigation measures relating to the various land uses of the subject property, as determined by the City Council upon City Council approval of the "Mitigation Monitoring Program" for the Revised Bixby Old Ranch Towne Center Development Plan Environmental Impact Report, and those conditions, fees, dedication requirements and other duties imposed pursuant to the Development Agreement between the City of Seal Beach and the Applicant. * * * * CC Reconsideration-Ords and Resos 129 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 12 RESOLUTION NO. , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VESTING TENTATIVE TRACT MAP NO. 15797 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN, DEVELOPMENT AREA "D") CC Reconsideration-Ords and Resos 130 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING VESTING TENTATIVE TRACT MAP NO. 15797 (BIXBY OLD RANCH TOWNE CENTER DEVELOPMENT PLAN, DEVELOPMENT AREA"D") THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. After a duly noticed public hearing, the Planning Commission recommended approval of this map. After a duly noticed public hearing, the Council adopted Resolution No. 4707, approving Vesting Tentative Tract Map No. 15797 as more particularly set forth in Section 7, below. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 DEM 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 (ER) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final ER 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. is hereby incorporated by this reference. CC Reconsideration-Ords and Resos 131 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 Section 3. The City Council held another public hearing on August 23, 1999 to reconsider adopting this map pursuant to the August 3 writ issued by the Orange County Superior Court Section 4. The record of the hearings indicates the following: (a) Applicant seeks to establish the following uses as part of Vesting Tentative Tract Map No. 15797: o 75 detached single-family residences on 8.462 acres; o a 7.029 acre parcel for private streets, utilities, open space and community park purposes: and o 0.149 acre parcel for a community police/television studio for the City of Seal Beach (b) Applicant is proposing to subdivide the property in accordance with the City Council approved General Plan Amendments and Zone Change for implementation of the Bixby Old Ranch Towne Center project. (c) Said Vesting Tentative Tract Map is also consistent with the Development Agreement approved for the Bixby Old Ranch Towne Center project, adopted by the City Council Ordinance No. 1440. (d) Vesting Tentative Tract Map (VTTM) 15797 will create the interior private roadways, the proposed residential subdivision, and the proposed open space and community park areas. This map subdivides the 15.64-acre parcel into 75 single family residential lots, private roadways, and private open space and community park areas. A summary of the proposed residential subdivision is provided below: o 75 single family residential lots, with minimum lot sizes of 4400 square feet, and an average lot size of 4,914.73 square feet [minimum lot size of 2,500 square feet permitted in the Residential Medium Density(RNID)Zone] o 1 private street, utility, open space and community park lot, comprising 7.029 acres o 1 lot, 50' x 130', for utilization by the City for a community policing/television studio facility o Private roadway system, only providing access to the residential subdivision with a single access point at the intersection of Seal Beach Boulevard and Rossmoor Center Way. Section 5. Based upon substantial evidence in the record of the hearing, including the facts stated in § 4 of this resolution, and in the revised environmental documentation prepared in conjunction with this project, and pursuant to §§ 28-2600 and 28-2602 of the City's Code, the City Council hereby finds: CC Reconsideration-Ords and Resos 132 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 1. Vesting Tentative Tract Map 15797 is consistent with the General Plan in that the map would allow the construction of a maximum of 75 single family homes and a community park area, in compliance with the land use entitlements approved through the adoption of General Plan Amendment 98-1 Zone Change 98-1 - Development Area D, and the adopted Development Agreement, on a 15.64-acre parcel. 2. The site is physically suitable for the proposed type of development, in that residential development will be limited to that portion of the property previously evaluated within the Revised Bixby Old Ranch Towne Center EIR, certified by the City Council on August 23, 1999. 3. The site is physically suitable for the proposed density of development and is consistent with the development standards of the Residential Medium Density Zone, District 1, which would allow a density of 17.4 units per acre as compared to 9.9 units per acre approved herein. Proposed park area is approximately 99,000 square feet (2.27 acres), approximately 73% more land dedication than required by the provisions of the Code of the City of Seal Beach. 4. The design of the subdivision is not likely to cause substantial environmental damage because all mitigation measures contained in the EIR certified for this project have been incorporated as conditions of approval and will be implemented. 5. The design of the subdivision is not likely to cause serious public health problems because all necessary utilities and services are available to serve the project. 6. The design of the subdivision will not conflict with easements acquired by the public at large for access through, or use of, property within the proposed subdivision because all easements will be adequately preserved, maintained and/or abandoned with new easements created. 7. The discharge of water from the subdivision into the existing community sewer system will not violate existing requirements prescribed by the local regional water quality control board. 8. Pursuant to Section 15168 of the CEQA Guidelines, a revised EIR has been prepared and has been certified by the City Council, along with a Statement of Finding's and Overriding Considerations. This subdivision is within the scope of the certified EIR, which adequately describes the general environmental setting of the project, its significant environmental impacts, and the alternatives, and mitigation measures related to each significant environmental effect, and that no additional environmental documentation is needed. CC Reconsideration-Ords and Resos 133 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StafReport August 23, 1999 NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Seal Beach does hereby approve Vesting Tentative Tract Map 15797, subject to the attached conditions shown as"Exhibit A". 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 134 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 "EXHIBIT A" CONDITIONS OF APPROVAL — VTTM 15797 Conditions of approval shall be those mitigation measures relating to the residential area of the subject project, as determined by the City Council upon City Council approval of the "Mitigation Monitoring Program" for the Bixby Old Ranch Towne Center Revised Environmental Impact Report, certified by the City Council on August 23, 1999. The specific mitigation measures imposed as conditions of approval are set forth below, along with additional conditions recommended by the City Engineer and the Director of Development Services. The conditions are grouped according to the milestone to meet for completion of the condition: Prior to the Release of a Final Map by the City 1. A 10-foot wide landscape easement be established along the northerly and easterly property lines of VTTM 15797, covering Lots 6-11, 30-32, 43-48, and 57-69. Said landscape easement to be maintained by the subject property owner. (Department of Development Services Condition of Approval) 2. A statement detailing the arrangements which the sub-divider proposes to make for the operation and maintenance of common parcels and easements shall be submitted to the Director of Development Services for review and approval. The Final Vesting Tentative Tract Map shall not be approved by the City Council until said financial arrangement statement has been approved. (Department of Development Services Condition of Approval) 3. Easements are required for water and sewer lines on-site and shall be filed at the time of the review of the Final Vesting Tract Map review. An easement shall be required adjacent to Lots 70, 71, 72 and within Parcel 76. No street landscaping or improvements shall be allowed over easements, unless approved by the City Engineer. (City Engineer Condition of Approval) 4. This project necessitates the construction of public and/or private infrastructure improvements. Prior to the release of a final map by the City, the applicant shall construct, or enter into an agreement and post security, in a form and amount acceptable to the City Engineer, guaranteeing the construction of the following public and/or private improvements, marked with "x" and listed below, in conformance with applicable City standards and the City's Capital Improvement Policy. Items not required in conjunction with this project are marked "n/a." (City Engineer Condition of Approval) CC Reconsideration-Ords and Resos 135 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 X a. Street improvements including, but not limited to: pavement, curb and gutter, medians, sidewalks, drive approaches, street lighting, signing, and striping. X b. Traffic signal systems, interconnect and other traffic control and management devices (as required by Transportation Planning and or Traffic Engineering). X c. Storm drain facilities as required by Development Engineering to serve the project. n/a d. Subdrain facilities (as required by Building and Safety). X e. Landscaping and computerized irrigation control system (for all public streets, parks, public areas and preserved windrows). X f. Sewer, reclaimed and/or domestic water systems, as required by the appropriate sewer and water districts as well as the Orange County Fire Authority when appropriate. X g. Monumentation. n/a h. Riding, hiking and bicycle trails adjacent to or through the project site. X i. Undergrounding of existing overhead and proposed utility distribution lines. n/a j. Transit-related improvements depicted on the approved tentative map. 5. Prior to the release of a final map by the City, the applicant shall submit one (1) set of computerized data of the final map which is compatible with the City ARC/VIEW system or DXF (Autocad) system in a manner acceptable to the City Engineer. Maps should be tied to County of Orange control points (latest revision). Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. (City Engineer Condition of Approval) 6. This subdivision may include existing survey monuments which may be disturbed through construction activities. Certain existing survey monumentation may be deemed necessary for preservation and perpetuation subsequent to final construction improvements associated with this project. All survey monuments deemed necessary for perpetuation as recommended by the design Civil Engineer and approved by the City Engineer shall be identified and shown on the final map for perpetuation. Such survey monuments shall be preserved and referenced before construction and if disturbed replaced after construction pursuant to Section 8771 of the Business and Professions Code. Prior to release of a final map by the City, the applicant shall submit CC Reconsideration-Ords and Resos 136 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 to the City Engineer a statement noting whether any monuments will be disturbed. (City Engineer Condition of Approval) 7. Prior to the release of the final map, the applicant shall provide evidence to the City Engineer that the Orange County Fire Authority has reviewed and approved the subdivision map, including the provision of adequate roadways, turning areas, and emergency access points to serve the proposed development. Those drawings identified as "Access from Area A to Area D" and "Fire Access Crash Gate", prepared by Incledon Kirk Engineers, dated May 6, 1999 are approved by the City, and the Orange County Fire Authority has ultimate approval authority and may require alternate locations and designs to comply with the standard conditions of the Fire Authority. FIR Mitigation Measures: H-2. The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights-of- way in the areas of any existing easements. K-1. Prior to final approval of a vested tentative tract/parcel map the project applicant shall enter into a Development Agreement with the City of Seal Beach. Said agreement shall establish, if required, any payment of the project's fair-share contribution to offset project impacts on public facilities and services including the need for additional law enforcement and fire protection facilities and staffing. L-8. The project applicant shall be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. Prior to the Issuance of Precise Grading Permits 1. Lot 76 of Vesting Tentative Tract Map No. 15797 includes private roadway, utility service easements, open space and recreation areas. The Final Vesting Tentative Tract map shall create a separate Lot for the recreation area at the end of the "G" Street cul- de-sac and said lot shall be dedicated to the City of Seal Beach as a park area. Improvements to and maintenance of said parcel shall be the responsibility of the project developer/homeowner's association, and said development requirements and responsibilities shall be set forth in the CC&R's for VTTM 15797. (Department of Development Services Condition of Approval) 2. A Final Grading Plan shall be approved prior to performing any work on-site not permitted by the Rough Grading Permit (Permit No. 18187). Prior to submittal for grading plans for review, a written agreement from the Bixby Old Ranch Golf Course CC Reconsideration-Ords and Resos 137 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 to accept drainage run-off or storm water from the Tract No. 15797 shall be filed. No storm water or drainage shall be accepted on Seal Beach Boulevard. All storm water and drainage shall be captured in catch basins and conveyed through pipes to the nearest inlet. (City Engineer Condition of Approval) 3. This subdivision will result in soil disturbance of five (5) or more acres of land. Prior to the issuance of preliminary or precise grading permits, the applicant shall provide the City Engineer with evidence that a Notice of Intent (NOI) has been filed with the State Water Resources Control Board. Such evidence shall consist of a copy of the NOI stamped by the State Water Resources Control Board or the Regional Water Quality Control Board, or a letter from either agency stating that the NOI has been filed. (City Engineer Condition of Approval) 4. Prior to the issuance of grading permits, the applicant shall obtain coverage under the NPDES Statewide Industrial Stormwater Permit for General Construction Activities from the State Water Resources Control Board. Evidence that this requirement has been met shall be submitted to the City Engineer. (City Engineer Condition of Approval) 5. Prior to the issuance of any grading permit, an Erosion Control Plan will be prepared to identify specific measures for the control of siltation, sedimentation and other soil materials. The Plan will be implemented during the project construction period, consistent with subarticle 13 of the County of Orange Grading and Excavation Code and Grading Manual in a manner meeting the approval of the City Engineer. (City Engineer Condition of Approval) 6. Prior to the issuance of grading permits (except where this condition has been met through a previously approved grading permit), the applicant shall provide documents disclosing all recorded easements on the subject property to the City Engineer and these easements shall be referenced on applicable grading plans. The applicant shall produce evidence that all utility providers with recorded easements on the subject property, have been informed of the imminent construction activities in a format meeting the approval of the City Engineer and shall be shown on the subject grading plans. (City Engineer Condition of Approval) 7. Hydrology and hydraulics submitted in conjunction with the grading permit shall be reviewed by the City Engineer. Please note that the County of Orange has recently amended their Local Drainage Manual and this project must be in conformance with it. (City Engineer Condition of Approval) EIR Mitigation Measures: C-1. Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the CC Reconsideration-Ords and Resos 138 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 information and be in a form as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7-1-819. Project proponent shall reimburse City costs of independent third-party peer review of said geotechnical report. Prior to the Issuance of Building Permits 1. The developer shall conform to all applicable provisions of the Code of the City of Seal Beach. All requirements of the State Subdivision Map Act and the City's Subdivision Ordinance shall be satisfied. (Department of Development Services Condition of Approval) 2. Building permits for residential construction in VTTM 15797 shall not be issued by City until City's inspectors have approved interior lath or drywall inspections for the commercial construction of Retail "A", Retail "B", Retail "C", and Retail "D" structures in Development Area A (VTTM 15767). (Department of Development Services Condition of Approval) 3. No building permit shall be issued for any lot within the boundaries of VTTM 15797 unless and until a fmal subdivision tract map has been recorded. (Department of Development Services Condition of Approval) 4. On-site water line shall be looped into the water lines provided within Tract No. 15767. Water provided to the site shall be from the City of Seal Beach Water Department. Connection to the system at Lampson Avenue shall be at the owner's expense. An Emergency tie to Southern California Water District shall be provided at owner's expense. All water and sewer connections shall be made from the street side. (City Engineer Condition of Approval) 5. A water, sewer and hydrology study shall be performed. Each document shall be a stand alone report, detailing demand, usage, calculations, and pipe sizes. Minimum storm drain pipe size shall be 18-inches. (City Engineer Condition of Approval) 6. Prior to the issuance of building permits, the applicant shall submit a construction phasing plan for the subdivision to the Orange County Fire Authority, the Seal Beach Police Department and the Director of Development Services. The plan shall demonstrate that emergency vehicle access is adequate. (Department of Development Services Condition of Approval) 7. Prior to the issuance of building permits, the project developer will agree to construct and underground, or enter into an agreement and post security guaranteeing the construction and undergrounding of, any planned utility lines such as telephone, electric and cable television lines, and the undergrounding of any existing telephone lines. Design and construction shall be in accordance with plans and specifications CC Reconsideration-Ords and Resos 139 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 meeting the approval of the City Engineer. (City Engineer Condition of Approval) 8. Prior to the issuance of building permits, improvement plans for sewer lines, connections and structures shall be the type installed in the location as specified in the "Guidelines Requiring Separation Between Water Mains and Sanitary Sewers, Orange County Health Department, 1980", in a manner meeting the approval of the Director of Development Services. (Department of Development Services Condition of Approval) 9. Prior to the issuance of building permits, the applicant shall submit for review and approval by the Director of Development Services, water conservation measures that are consistent with those described in "Memorandum of Understanding Regarding Urban Water Conservation in California", as adopted by the Municipal Water District of Orange County. (Department of Development Services Condition of Approval) 10. Prior to the issuance of building permits, the applicant shall provide evidence to the Director of Development Services of approval by the Orange County Fire Authority that the proposed infrastructure for fire protection services will be adequate to serve the proposed development. (Department of Development Services Condition of Approval) 11. Prior to the storage of combustible building materials on-site, fire hydrants or equivalent devices capable of flow in amounts approved by the Orange County Fire Authority shall be in place and operational to meet fire flow requirements. (Department of Development Services Condition of Approval) EIR Mitigation Measures: A-1. Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans. C-3. Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. C-4. Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. C-5. In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be CC Reconsideration-Ords and Resos 140 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. C-6. All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. C-7. Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). C-8. Graded, but undeveloped land shall be maintained weed-free and planted with interim landscaping within ninety (90) days of completion of grading, unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. C-9. Conformance with the latest Uniform Building Code and City Ordinances will satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that over-excavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. C-10. The potential on-site liquefaction hazard shall be mitigated by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. D-2. The runoff from the 10-acre area at the northwest corner of the project shall be diverted to the Old Ranch Retarding Basin. The capacity of the Retarding Basin will be further increased to accommodate this increase in flow to a capacity of 88.4-acre feet at elevation 12. D-5. The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used to conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. D-7 Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing drainage network, existing capacity, pre-and post-project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes. D-8. Prior to the issuance of grading or building permits, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance CC Reconsideration-Ords and Resos 141 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff fReport August 23, 1999 with applicable NPDES permit requirements. The Plan shall include a combination of structural and non structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. E-1. Prior to the issuance of initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of an independent, third-party peer review of this Plan. F-1. Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project. G-1. Prior to project construction, the California Department of Fish and Game shall be notified pursuant to California Fish and Game Code Sections 1601-1603 and the U.S. Army Corps of Engineers in conjunction with their 404 permit process. The proposed project shall provide all required compensation for impacts to on-site wetland habitats. H-1. Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site. H-4. In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the project. Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. J-2. All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in all habitable rooms. Evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval. The report shall describe CC Reconsideration-Ords and Resos 142 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff j Report August 23, 1999 in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B" below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. C. Prior to the issuance of any building permits, all freestanding acoustical barriers must be shown on the project plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to verify compliance with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent third party peer review of this evidence. J-3. All structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as set forth below: a) commercial - 50 CNEL; b) hotel -45 CNEL; and c) senior assisted living-45 CNEL. d) residential—45 CNEL Not withstanding any land use characterizations, all sensitive land uses (including the senior assisted living/Alzheimer's care/skilled nursing facility) shall be sound attenuated against present and projected noise levels, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 CNEL in outdoor living areas and an interior standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Director of Development Services in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. CC Reconsideration-Ords and Resos 143 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verify compliance with all applicable design standards. J-4. Prior to the issuance of building permits, the applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer, renter, or lessee of noise sensitive land uses (e.g., senior assisted care units) a written disclosure that certain buildings or units (without windows and doors closed) and outdoor areas could be subject to noise levels above State and City standards or policies for noise sensitive land uses. Such notification shall be included in all initial escrow documents as well as all subsequent sales or lease documents. Such notification shall be in language approved by the Director of Development Services and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights, and that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow. K-3. All new structures shall provide roofing materials of a Class B roofing assembly or better. K-4. All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the City of Seal Beach. K-7. The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the State are set at $1.72 per square foot of assessable space for residential construction and$0.28 per square foot for commercial/industrial projects. L-5. The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. L-7. All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation CC Reconsideration-Ords and Resos 144 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 District of Orange County. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. L-10. The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid waste required by the City of Seal Beach. L-12. Prior to issuance of a building permit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Public Works Department. The study should assess available water resources and improvements to the water system required to serve the proposed project and meet fire flow demands. The specific contents of the study should be determined in coordination with the Public Works Department. The project applicant shall reimburse the City for the costs of an independent,third party peer review of this study. L-13. Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site water systems. M-1. 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: ❑ 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. 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. ❑ 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. CC Reconsideration-Ords and Resos 145 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ❑ Service areas shall be screened from off-site view and trash containers shall be enclosed using materials complimentary to the commercial buildings. M-2. Prior to submittal of final project plans, a photomontage showing illustrative project elevations in their proposed setting shall be prepared by the project proponent and submitted to the City Development Services Department to illustrate how views from the Seal Beach Boulevard, the 405 Freeway northbound off-ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M-1 above. M-3. 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. M-4. 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. 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. During Project Construction — Prior to the Issuance of Certificates of Use and Occupancy 1. A copy of conditions, covenants and restrictions (CC&R's) proposed by the subdivider shall be submitted to the Director of Development Services for review and approval. Occupancy permits shall not be approved by the Building Department until said CC&R's have been approved. (Department of Development Services Condition of Approval) 2. The developer shall provide mailbox facilities for each residence, subject to the approval of the City Engineer, Director of Development Services and the Postmaster. (Department of Development Services Condition of Approval) CC Reconsideration-Ords and Resos 146 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 3. For landscaping within the easement area adjacent to Seal Beach Boulevard, a landscape and irrigation plan, prepared by a licensed landscape architect, shall be submitted to the Director of Development Services for approval and a bond posted to guarantee against any defects in plant materials and workmanship. A soils report for all planting areas within said easement area, prepared by a qualified agricultural laboratory, shall be submitted to the Public Works Department for approval at least 30 days prior to the planting date. Test results shall include concentration of nitrogen, phosphorus, potassium, pH, salinity, sodium stratus, and boron saturation extract. Additionally, an agreement shall be executed by the developer to provide for ongoing maintenance of landscaping and roadways within said easement area. (Department of Development Services Condition of Approval) 4. Sidewalks shall be continuous from "G" Street to Seal Beach Boulevard. Sidewalks shall be in conformance with ADA requirements and Title 24. Handicap Access Ramps shall be provided at each corner where sidewalks are required. (City Engineer Condition of Approval) 5. Sidewalks shall be provided around cul-de-sac at the park (Parcel 76). (City Engineer Condition of Approval) 6. All utilities shall be underground. (City Engineer Condition of Approval) 7. On-site design and work shall be in accordance with the City of Seal Beach, Orange County Flood Control District, Orange County Local Drainage Manual, and Orange County Fire Authority requirements. (City Engineer Condition of Approval) 8. Intersection improvements shall meet Caltrans, City of Seal Beach, and OCEMA requirements for design and safety requirements. (City Engineer Condition of Approval) 9. All existing public improvements at the development site which are damaged due to construction, cracked, or otherwise below standard, shall be removed and replaced to the satisfaction of the City Engineer. (City Engineer Condition of Approval) 10. Prior to the issuance of certificates of use and occupancy, each fire hydrant shall have a blue reflective pavement marker indicating its location on the street or drive per Orange County Fire Authority standards. On private property, these markers are to be maintained in good condition by the property owner. (City Engineer Condition of Approval) FIR Mitigation Measures: D-6. The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and CC Reconsideration-Ords and Resos 147 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. D-10. All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. G-13. 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. J-1. Construction in areas within 500 feet of residential development shall be limited to the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction activities shall not be permitted in these areas on Sundays or Federal holidays. Use of heavy grading equipment (such as impact hammers and pile drivers) shall be limited to the hours of 8:00 AM to 5:00 PM on Monday through Friday. K-5. All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. K-6. All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. L-1. All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach, Public Works Department for review and approval prior to project construction. L-2. The project applicant shall be required to pay their"fair-share" cost for improvement of any off-site water facilities necessary to serve the proposed project. L-3. Automatic sprinkler systems, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. L-4. Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water-holding capacity of the soil. M-9. A landscaped buffer of no less than ten(10) feet shall be provided along the northern perimeter of Development Area D (the proposed residential site) and the eastern perimeter of Development Areas A (Old Ranch Towne Center) and D to ensure privacy and screen views to and from the adjacent residential neighborhood in Los Alamitos. These shall be completed prior to final inspection of any building within these development areas. M-11. Street, parking lot, and other common area lighting shall use low or high-pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. CC Reconsideration-Ords and Resos 148 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 M-12. All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. M-13. 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. M-15. Paved areas should be textured and large expanses of concrete or high gloss tile should be avoided. N-2. An archaeologist and a Native American Monitor appointed by the City of Seal Beach City Council shall be present during earth removal or disturbance activities related to rough grading and other excavation for foundations and utilities that extend below five feet of the pre-grading surface elevation. If any earth removal or disturbance activities result in the discovery of cultural resources, the project proponent's contractors shall cease all earth removal or disturbance activities immediately and notify the City selected archaeologist and/or Native American Monitor, who shall immediately notify the Director of Development Services. The City selected archaeologist will have the power to temporarily halt or divert the excavation equipment in order to evaluate any potential cultural material. The City selected archaeologist shall evaluate all potential cultural findings in accordance with standard practice, the requirements of the City of Seal Beach Archaeological and Historical Element, and other applicable regulations. Consultation with the Native American Heritage Commission and data/artifact recovery, if deemed appropriate, shall be conducted. N-3. If potentially significant cultural resources are encountered during earth removal or disturbance activities, a "Test Phase", as described in the Archaeological and Historical Element of the City General Plan is required and shall be performed by the City selected archaeologist, and if potentially significant cultural resources are discovered, a "Research Design document" must be prepared by the City selected archaeologist in accordance with the provisions of the Archaeological and Historical Element of the General Plan. The results of the test phase investigation must be presented to the Archaeological Advisory Committee for review and recommendation to the City Council for review and approval prior to continuation of earth removal or disturbance activities in the impacted area of the proposed project. N-4. Project-related earth removal or disturbance activity is not authorized until such time as the "Test Phase" research is completed and accepted by the City Council and until a written "Authorization to Continue Earth Removal-Disturbance Activity" is issued by the Director of Development Services to applicant for the impacted area of the proposed project. N-5. During all "test phase" investigation activities occurring on site, the City selected archaeologist and the Native American monitor shall be present to conduct and observe, respectively, such "test phase" investigation activities. CC Reconsideration-Ords and Resos 149 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 N-6. Should any human bone be encountered during any earth removal or disturbance activities, all activity shall cease immediately and the City selected archaeologist and Native American monitor shall be immediately contacted, who shall then immediately notify the Director of Development Services. The Director of the Department of Development Services shall contact the Coroner pursuant to Section 5097.98 and 5097.99 of the Public Resources Code relative to Native American remains. Should the Coroner determine the human remains to be Native American, the Native American Heritage Commission shall be contacted pursuant to Public Resources Code Section 5097.98. N-7. If evidence of subsurface paleontologic resources is found during construction, excavation and other construction activity in that area shall cease and the contractor shall contact the City Development Services Department. With direction from the City, an Orange County Certified Paleontologist shall prepare and complete a standard Paleontologic Resource Mitigation Program. Prior to the Exoneration of Security 1. Prior to the exoneration of any security, the applicant shall submit one (1) duplicate mylar of the final map and all public or private improvement plans, two (2) copies (one original and one duplicate) of 35mm microfilm of the final map, public or private improvement plans, final structure calculations, and computer analysis, if any, for all buildings, and the record drawings of grading, landscape, and improvement plans to, and in a manner acceptable to, the City Engineer. The microfilm shall be in 4"x 6" jackets with 6 frames per jacket. The computer analysis may be submitted on standard IBM compatible floppy disks. (City Engineer Condition of Approval) 2. Prior to the exoneration of any security, the applicant shall submit one (1) set of computerized data, which is compatible with the City ARC/INFO system or DXF (Autocad) system, of the record drawings of landscape and improvement plans to, and in a manner acceptable to, the City Engineer. Maps should be tied to County of Orange control points (latest revision). Refer to "Specifications for Digital Submission" as maintained by the Surveyor's Office of the County of Orange for specific requirements of individual submittal. When requested by the City Engineer, the applicant shall submit one (1) set of computerized data of computer generated structural analysis and calculations. (City Engineer Condition of Approval) 3. This subdivision may include existing survey monuments which may be disturbed through construction activities and deemed necessary for preservation by the City Engineer. If such monuments were disturbed, the applicant shall have a licensed Land Surveyor or qualified Registered Civil Engineer re-establish any such monumentation damaged or destroyed during construction of project and file the corner records with the County Surveyor. Prior to the exoneration of any security CC Reconsideration-Ords and Resos 150 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 evidence of such filing shall be furnished to the City Engineer. (City Engineer Condition of Approval) Miscellaneous 1. The developer's contractor(s) shall provide the City with a Certificate of Insurance evidencing a comprehensive liability insurance policy with a combined single limit of not less than $1,000,000 each occurrence in connection with the work performed. Certificate shall include the City, its Council, officers, members of boards or commissions and employees as additional Named Insureds with respect to all claims, actions, damages, liabilities and expenses, including attorney's fees, arising out of or in connection with the work to be performed under the development executed by the Named Insured and the City, including any act or omission of employees, agents, subcontractors, or their employees. Such certificates shall have a 30-day cancellation notice to the City of Seal Beach. (Department of Development Services Condition of Approval) 2. In the event that unknown wastes or underground storage tanks are discovered during grading and/or construction which the contractor believes may involve hazardous materials, he/she shall: A. Immediately stop all grading and/or construction work in the vicinity of the suspected contamination. B. Notify the project proponent and the Orange County Fire Authority. C. Secure the area to restrict all vehicular and pedestrian access to and in the vicinity of the suspected contamination. D. Coordinate with the Orange County Fire Authority on needed testing of the substance and development of recommendations on removal and disposition of the substance. 3. Excess private neighborhood park credits within the residential gated community will not be eligible for transfer to any other area within the City. (Department of Development Services Condition of Approval) 4. Residents of this tract shall have access to all private recreational areas located within this tract. (City Engineer Condition of Approval) * * * * CC Reconsideration-Ords and Resos 151 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 13 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-15, PERMITTING A THREE- STORY AND A ONE-STORY STRUCTURE TO HOUSE A 162-BED FACILITY (91-BED ASSISTED LIVING FACILITY, 26-BED ALZHEIMER'S CARE FACILITY AND A 45- BED SKILLED NURSING FACILITY), PARKING LOT, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED APPROXIMATELY 500 FEET EAST OF THE SOUTHEAST CORNER OF LAMPSON AVENUE AND SEAL BEACH BOULEVARD (MARRIOTT BRIGHTON GARDENS ASSISTED LIVING FACILITY) CC Reconsideration-Ords and Resos 152 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CUP NO. 98-15, PERMITTING A THREE- STORY AND A ONE-STORY STRUCTURE TO HOUSE A 162-BED FACILITY (91-BED ASSISTED LIVING FACILITY, 26-BED ALZHEIMER'S CARE FACILITY AND A 45- BED SKILLED NURSING FACILITY), PARKING LOT, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED APPROXIMATELY 500 FEET EAST OF THE SOUTHEAST CORNER OF LAMPSON AVENUE AND SEAL BEACH BOULEVARD (MARRIOTT BRIGHTON GARDENS ASSISTED LIVING FACILITY) THE CITY COUNCILOF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 98-15 on December 9, 1998, and approved the project through the adoption of Planning Commission Resolution 98-43. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEW), 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 DEM 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, CC Reconsideration-Ords and Resos 153 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 through the adoption of Planning Commission Resolution No. 98-37 that the Bixby Old Ranch Towne Center Development Plan Final Environmental Impact Report (EIR) is adequate under CEQA. After considering the Final EIR and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City Council Resolution No. 4660, certifying the Final FIR and adopting a statement of overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the FIR 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. is hereby incorporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this conditional use permit. Section 4. The record of the Planning Commission hearing of December 9, 1998 indicates the following: (a) On August 28, 1998, Marriott Senior Living Services (the "Applicant") filed an application with the Department of Development Services for Conditional Use Permit 98-15. (b) Specifically, the applicant is proposing to build a three-story and a one-story structure to house a 162-bed facility (91-bed assisted living facility, 26-bed Alzheimer's care facility and a 45-bed skilled nursing facility), parking lot, landscaping and other ancillary facilities on property located approximately 500 feet east of the southeast corner of Lampson Avenue and Seal Beach Boulevard. (c) The subject property contains approximately 3.892 acres of net useable area and is located approximately 500 feet east of the southeasterly corner of Seal Beach Boulevard and Lampson Avenue. (d) The subject property is legally described as Orange County Assessor's parcel numbers 086-011-45 and 130-014-8, is currently located in the General Commercial (C-2) zone, on a irregular parcel of land having approximately 811 feet of frontage on Seal Beach Boulevard, and approximately 1,607 feet of frontage on Lampson Avenue. The subject property also has approximately 1,575 feet of frontage along the north-bound I-405 Freeway Seal Beach Boulevard off-ramp. (e) The entire development site is 13.567 acres in area and currently is developed with two holes of the Bixby Old Ranch Golf Course on the eastern portion of the site, with the western portion of the site being vacant. (f) Surrounding land uses and zoning are as follows: CC Reconsideration-Ords and Resos 154 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 North — Bixby Old Ranch Golf Course in the Recreation-Golf(R- G)Zone. South — I-405 Freeway, with the Seal Beach Weapons Support Facility located south of the Freeway, in the Public Land Use/Recreation (PLU/R)Zone. East— approximately 1,500 feet to the east is the Bixby Old Ranch Tennis Club, currently in the General Commercial (C-2) zone and proposed to be dedicated to the City and placed in the Public Land Use/Recreation (PLU/R) Zone, based on City Council actions of November 23, 1998. West— currently vacant land zoned General Commercial (C-2) and Public Land Use (PLU), proposed to be changed to General Commercial (C-2) zoning, in accordance with City Council actions on November 23, 1998. Across Seal Beach Boulevard, in the General Commercial (C-2) and Light Industrial (M-1) zones is the Bixby Old Ranch Office Park development, in the City of Seal Beach. (g) The "Mitigation Monitoring Program" establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts to a level of insignificance in relation to this development application. The applicable mitigation measures are proposed to be conditions of approval for this project(62 mitigation measures): (h) The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which are a proposed hotel development and restaurant uses in the same zoning area as the subject property. Similar development standards regarding building height and landscaping will apply to those future developments. As approved by the City Council, there are sufficient mitigation measures approved by the City Council to ensure compatibility with adjoining land uses. The subject senior care facility and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, off-street parking, and landscaping. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council hereby adopts the Planning Commission findings and makes the following findings: (a) Conditional Use Permit 98-15 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 senior care facilities and hospitals CC Reconsideration-Ords and Resos 155 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which are a proposed hotel development and restaurant uses in the same zoning area as the subject property. Similar development standards regarding building height and landscaping will apply to those future developments. As approved by the City Council, there are sufficient mitigation measures approved by the City Council to ensure compatibility with adjoining land uses. The subject senior care facility and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Subject to the proposed conditions of approval, the proposed use of the property as a senior care facility will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the senior care facility is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a hotel and restaurant use, and any residential uses are in excess of 1300 feet to the west and 3200 feet to the east from the proposed senior care facility, staff is not recommending any specific noise related conditions at this time. (d) Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the City Council hereby approves Conditional Use Permit 98-15, subject to the following conditions: 1. CUP 98-15 is approved for a three-story and a one-story structure to house a 162-bed facility (91-bed assisted living facility, 26-bed Alzheimer's care facility and a 45-bed skilled nursing facility), parking lot, landscaping and other ancillary facilities on property located at the southeast corner of Lampson avenue and Seal Beach Boulevard at Bixby Old Ranch Towne Center(Parcel 4 of Parcel Map 97-165) 2. The applicant shall comply with the provisions of the following Mitigation Measures as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR: The mitigation measures relevant to the requested development are set forth below(62 mitigation measures): Land Use: CC Reconsideration-Ords and Resos 156 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 Mitigation Measure A-1: Detailed development plans for Development Areas A, B and D shall include walls, landscaped buffers and building setbacks in order to eliminate potential conflicts with adjacent residential and recreational uses. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with approval of final subdivision maps or plot plans. Mitigation Measure A-2: Detailed plans for areas adjacent to Lampson Avenue (Development Areas C, D and E) shall include perimeter landscaping and building setbacks to insure compatibility with the Scenic Highways Element of the City General Plan. These detailed plans shall be submitted for review and approval by the Director of Development Services prior to or concurrent with the approval of final subdivision maps or plot plans. Geoloff Mitigation Measure C-1: Prior to issuance of a grading permit, the project proponent shall submit a geotechnical report to the City Engineer for approval. The report shall include the information and be in a form as required by the Orange County Grading Manual, Section 5.4 and the Orange County Excavation and Grading Code, Section 7-1-819. Project proponent shall reimburse City costs of independent third-party peer review of said geotechnical report. Mitigation Measure C-2: The project applicant shall incorporate measures to mitigate expansive soil conditions, compressible/collapsible soil conditions and liquefaction soil conditions, and impacts from trenching in site-specific Tentative Tract/Parcel Map Review and Rough Grading Plan Review reports prepared by the project geotechnical consultant. Recommendations shall be based on surface and subsurface mapping, laboratory testing and analysis. The geotechnical consultant's site-specific reports shall be approved by a certified engineering geologist and a registered civil engineer, and shall be completed to the satisfaction of the City Engineer. Project proponent shall reimburse City costs of independent third-party peer review of said site-specific reports. Mitigation Measure C-3: Loose and soft alluvial soils, expansive clay soils and all existing uncertified fill materials will be removed and replaced with compacted fill during site grading in order to prevent seismic settlement, soil expansion, and differential compaction. Mitigation Measure C-4: Prior to the initiation of project grading in any development area, all existing utilities will be located and either abandoned and removed, rerouted or protected. CC Reconsideration-Ords and Resos 157 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure C-5: In excavations deeper than four feet but less than ten feet, a slope no steeper than 1.5 to 1 (horizontal to vertical) shall be provided. Steeper slopes or deeper excavations will be provided with shoring for stability and protection. OSHA safety requirements shall be adhered to throughout the entire duration of project earthwork. Mitigation Measure C-6: All grading procedures, including soil excavation and compaction, the placement of backfill, and temporary excavation shall comply with City of Seal Beach standards. Mitigation Measure C-7: Permanent cut and fill slopes shall not exceed 2 to 1 (horizontal to vertical). Mitigation Measure C-8: Graded, but undeveloped land shall be maintained weed-free and planted with interim landscaping within ninety (90) days of completion of grading, unless building permits are obtained. Planting with interim landscaping shall comply with NPDES Best Management Practices. Mitigation Measure C-9: Conformance with the latest Uniform Building Code and City Ordinances can be expected to satisfactorily mitigate the effect of seismic groundshaking. Conformance with applicable codes and ordinances shall occur in conjunction with the issuance of building permits in order to insure that overexcavation of soft, broken rock and clayey soils within sheared zones will be required where development is planned. Mitigation Measure C-10: The potential on-site liquefaction hazard shall be mitigated by removal and recompaction of on-site alluvium soils, installation of subsurface drainage and placement of compacted fill as required. Water/Drainage: Mitigation Measure D-4: The inlet capacity of on-site catch basins will be constructed a minimum of 25% larger than that required by the City Engineer in order to reduce the potential for debris blockage during major storms. Mitigation Measure D-5: The project shall reduce the impact of contaminants (oil, grease and rubber) by the use of Best Management Practices (BMP) used to conform to the requirements of the National Pollution Discharge Elimination System (NPDES) provisions in the Clean Water Act. The BMP's used will most likely be the use of oil and grease separators and/or vegetated areas used to biologically treat the contaminated runoff. CC Reconsideration-Ords and Resos 158 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure D-6: The amount of sediment movement during construction will be minimized by the use of NPDES BMP's, including, but not limited to, sandbags, silt fences, straw bales and rock check dams. The construction and condition of the BMP's will be periodically inspected during construction and repairs will be made, when necessary, as required by the NPDES. Mitigation Measure D-7: Prior to final project design, a project specific Drainage Report shall be prepared by a registered civil engineer in accordance with applicable requirements of the Orange County Flood Control District and the City of Seal Beach. The report shall describe the existing drainage network, existing capacity, pre-and post- project runoff volumes, and any necessary improvements to accommodate proposed project runoff volumes. Mitigation Measure D-8: Prior to final design, a comprehensive Water Quality Management Plan (WQMP) shall be prepared by a registered civil engineer or a registered professional hydrologist to protect water resources from impacts due to urban contaminants in surface water runoff. The plan shall be prepared in coordination with the Regional Water Quality Control Board, Orange County, and the City of Seal Beach to insure compliance with applicable NPDES permit requirements. The Plan shall include a combination of structural and non-structural Best Management Practices (BMPs) as outlined in Countywide NPDES Drainage Area Management Plan. Mitigation Measure D-10: All project drainage facilities shall be kept free from vegetation and debris that causes any runoff to become impounded for more than five days. Air Quality: Mitigation Measure E-1: Prior to the issuance of initial grading or building permits, the applicant shall obtain approval of an Air Quality Mitigation Plan by the Director of Development Services. The Plan shall address each applicable control measure from the 1997 Air Quality Management Plan as listed below in order to determine which control measures are feasible, recommend implementation conditions, and establish methods of applying conditions to contractors, buyers, lessees, tenants and occupants. The project applicant shall reimburse City costs of an independent third party peer review of this Plan. Transportation/Circulation Mitigation Measure F-l: Prior to the application of each building permit, the applicant shall pay City Traffic Impact fees and/or post security in a manner meeting the approval of the Director of Public Works for the "fair share" costs of highway improvements attributed to the proposed project. CC Reconsideration-Ords and Resos 159 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure F-2: Prior to applications for building permits, the applicant shall obtain approval by the Director of Public Works of a Bus Stop and Pedestrian Access Plan. Biological Resources: Mitigation Measure G-13: 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. Mitigation Measure G-14: All ornamental ponds, pools, water hazards or lakes shall be kept free of emergent vegetation, both of which provide harborage for mosquito breeding. These water bodies shall also be stocked with mosquito fish. Mitigation Measure G-15: Grass clippings shall either be removed from the site or composted in a manner that does not breed flies. Mitigation Measure G-16: All structures shall be constructed in a manner to exclude rats from gaining"indoor access". Mitigation Measure G-17: All landscaping shall be open and skirted as necessary to exclude rats from nesting in enclosed thickets of vegetation. Enemy: Mitigation Measure H-1: Development plans will be provided to the Southern California Gas Company and the Southern California Edison Company as they become available in order to facilitate engineering, design and construction of improvements necessary to provide electrical, natural gas, and telephone services to the Bixby Old Ranch site. Mitigation Measure H-2: The applicant will comply with guidelines provided by the Southern California Gas Company and the Southern California Edison Company in regard to easement restriction, construction guidelines, protection of line easements, and potential amendments to rights-of-way in the areas of any existing easements. Mitigation Measure H-3: Building energy conservation will be largely achieved by compliance with Titles 20 and 24 of the Energy Conservation Code. Title 24, California Administrative Code Section 2-5307(b) is the California Energy Conservation Standard for New Buildings which prohibits the installation of fixtures unless the manufacturer has certified to the CEC compliance with the CC Reconsideration-Ords and Resos 160 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 flow rate standards. Title 24, California Administrative Code Section 2-5452(i) and (j) address pipe insulation requirements which can reduce the amount of water used before hot water reaches equipment or fixtures. Title 20, California Administrative Code Sections 1604(f) and 1601(b) are Appliance Efficiency Standards. Mitigation Measure H-4: In order to conserve energy devoted to space heating and air conditioning, active and passive solar techniques will be encouraged whenever possible within the project. Active solar systems include the use of solar space and hot water heating for buildings, swimming pools, etc. Passive systems involve orienting buildings properly, planting trees to take advantage of the sun, providing adequate roof overhangs, making sure that walls are properly insulated, and installing simple heat storage systems. Noise: Mitigation Measure J-1: Construction in areas within 500 feet of residential development shall be limited to the hours of 7:00 AM to 8:00 PM on Monday through Saturday. Construction activities shall not be permitted in these areas on Sundays or Federal holidays. Use of heavy grading equipment (such as impact hammers and pile drivers)shall be limited to the hours of 8:00AM to 5:00 PM on Monday through Friday. Mitigation Measure J-2: All noise sensitive land uses shall be sound attenuated against present and projected noise, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 dB CNEL in outdoor living areas (e.g., for senior assisted living units) and an interior standard of 45 dB CNEL in all habitable moms. Evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted as follows: A. Prior to the recordation of a final tract/parcel map or prior to the issuance of Grading Permits, at the sole discretion of the City, an Acoustical Analysis Report shall be submitted to the Director of Development Services, for approval. The report shall describe in detail the exterior noise environment and preliminary mitigation measures. Acoustical design features to achieve interior noise standards may be included in the report in which case it may also satisfy "B"below. B. Prior to the issuance of any building permits, an acoustical analysis report describing the acoustical design features of the structures required to satisfy the exterior and interior noise standards shall be submitted to the Director of Development Services for approval along with satisfactory evidence which indicates that the sound attenuation measures specified in the approved acoustical report(s) have been incorporated into the design of the project. CC Reconsideration-Ords and Resos 1C1 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 C. Prior to the issuance of any building permits, all freestanding acoustical bathers must be shown on the project plans illustrating height, location and construction in a manner meeting the approval of the Director of Development Services. D. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with Title 25 regulations shall be required by the Director of Development Services to verify compliance with all applicable design standards. E. The project applicant shall reimburse the City for the costs of an independent,third party peer review of this evidence. Mitigation Measure J-3: All structures shall be sound attenuated against the combined impact of all present and projected noise from exterior noise sources to meet the interior noise criteria as set forth below: a) commercial-50 CNEL; b) hotel-45 CNEL; c) senior assisted living-45 CNEL;and d) residential—45 CNEL Notwithstanding any land use characterizations, all sensitive land use receptors (including the senior assisted living, Alzheimer's care/skilled nursing facility) shall be sound attenuated against present and projected noise levels, which shall be the sum of all noise impacting the project, so as not to exceed an exterior noise standard of 65 CNEL in outdoor living areas and an interior noise standard of 45 CNEL in all habitable rooms. Prior to the issuance of any building permits, evidence prepared under the supervision of a County-certified acoustical consultant that these standards will be satisfied in a manner consistent with applicable zoning regulations shall be submitted to the Director of Development Services in the form of an Acoustical Analysis Report describing in detail the exterior noise environment and the acoustical design features required to achieve the interior noise standard and which indicate that the sound attenuation measures specified have been incorporated into the design of the project. Prior to the issuance of any Certificates of Use and Occupancy, field testing in accordance with City policies shall be required by the Director of Development Services to verify compliance with all applicable design standards. Mitigation Measure J-4: Prior to the issuance of building permits, the applicant shall agree by executing an agreement with the Director of Development Services requiring that the applicant will provide to each prospective buyer, renter, or lessee of noise sensitive land uses(e.g., senior assisted care units)a written disclosure that certain buildings or units(without windows and doors closed)and outdoor areas could be subject to noise levels above State and City standards or policies for noise sensitive land uses. Such notification shall be in language approved by the Director of Development Services CC Reconsideration-Ords and Resos 162 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 and shall be formalized in written Covenants, Conditions and Restrictions (CC&R's) recorded on the title of each noise sensitive land use building site. In addition, each advertisement, solicitation and sales brochure or other literature regarding noise sensitive land uses shall contain the approved notification language. Notification shall also stipulate that the area is subject to occasional overflights, and that in the event the Los Alamitos AFRC is activated for use as a Disaster Support Area, noise levels could significantly increase for an unknown period of time due to increases in airfield operations. The agreement shall also provide that prior to the close of escrow with initial buyers, the written disclosure must be acknowledged and signed by all initial buyers, their signature notarized and deposited in escrow with instructions to the escrow holder to deliver the executed disclosure form to the City Clerk within three working days after the close of escrow. Public Services: Mitigation Measure K-2: The City of Seal Beach Development Services and Police Departments shall review and approve all detailed project plans, improvement plans, and architectural elevations in relation to the following issues: adequate street and security lighting, clearly marked streets and building identification, adequate internal circulation and surveillance for patrol officers, and provision of alarm systems. Mitigation Measure K-3: All new structures shall provide roofing materials of a Class B roofmg assembly or better. Mitigation Measure K-4: All new structures shall install automatic fire sprinkler systems that meet National Fire Protection Association Standards, in accordance with the provisions of the Code of the City of Seal Beach. Mitigation Measure K-5: All water mains and hydrants shall provide required fire flows in accordance with requirements of the Orange County Fire Authority. Mitigation Measure K-6: All structures shall be constructed pursuant to Uniform Building Code requirements relative to fire protection. Mitigation Measure K-7: The project proponent will pay the statutory school fee, as applicable to the project, to the Los Alamitos Unified School District. Current capital facility rates allowed for the mitigation of school impacts in the State are set at $1.72 per square foot of assessable space for residential construction and $0.28 per square foot for commercial/industrial projects. Utilities/Service Systems: CC Reconsideration-Ords and Resos 163 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure L-l: All water lines and related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach Engineering Department for review and approval prior to project construction. Mitigation Measure L-2: The project applicant shall be required to pay their "fair-share" cost for improvement of any off-site water facilities necessary to serve the proposed project. Mitigation Measure L-3: Automatic sprinkler systems, soil sensors or other best available technology shall be utilized in the irrigation of the reconfigured golf course and other landscaped areas. Mitigation Measure L-4: Mulch and other soil covers shall be utilized in all landscaped areas in order to reduce irrigation demands and increase the water- holding capacity of the soil. Mitigation Measure L-5: The proposed project shall comply with local and State laws requiring water efficient plumbing fixtures in order to minimize water consumption. These laws mandate the use of low volume flush toilets in all buildings; establish efficiency standards that set the maximum flow rates for showerheads, faucets, etc.; prohibit the use of non-conforming or substandard plumbing fixtures; and establish pipe insulation requirements to reduce the amount of water used before hot water reaches the fixture. Mitigation Measure L-7: All sewer and reclaimed water lines and any related facilities shall be designed and installed pursuant to the requirements of the City of Seal Beach and the County Sanitation District of Orange County. Detailed improvement plans shall be prepared and submitted to the City of Seal Beach and the County Sanitation District of Orange County for review and approval prior to project construction. Mitigation Measure L-8: The project applicant shall be required to pay their fair share cost of any off-site wastewater transmission or treatment facilities as well as required sewer connection fees to the City of Seal Beach. Mitigation Measure L-9: Concurrent with approval of site plans for proposed commercial, hotel, restaurant, senior care and residential uses, detailed plans shall be submitted delineating the number, location, and general design of solid waste enclosures and storage areas for recycled material. CC Reconsideration-Ords and Resos 164 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure L-10: The project developer shall adhere to all source reduction programs for the disposal of construction materials and solid waste required by the City of Seal Beach. Mitigation Measure L-12: Prior to issuance of a building permit, the project proponent shall complete a Master Water Study for submittal to the Seal Beach Public Works Department. The study should assess available water resources and improvements to the water system required to serve the proposed project and meet fire flow demands. The specific contents of the study should be determined in coordination with the Public Works Department. The project applicant shall reimburse the City for the costs of an independent third party peer review of this study. Mitigation Measure L-13: Based on the recommendations contained in the Master Water Study, the project proponent shall pay a fair share of the cost required to offset project impacts on off-site water systems. Aesthetics: Mitigation Measure M-1: 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: ❑ 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. ❑ 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. 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 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 CC Reconsideration-Ords and Resos 165 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 screening materials shall be complimentary in material and color to the building's exterior. o 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. Mitigation Measure M-2: Prior to submittal of fmal project plans, a photomontage showing illustrative project elevations in their proposed setting shall be prepared by the project proponent and submitted to the City's Development Services Department to illustrate how views from the Seal Beach Boulevard, the 405 Freeway northbound off-ramp, Lampson Avenue, the Rossmoor Highlands in Los Alamitos and the Bixby Office Park would be altered by the proposed project. The photomontage shall demonstrate compliance with Mitigation Measure M-1 above. Mitigation Measure M-3: 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 Mitigation Measure M-6: 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. Mitigation Measure 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. Mitigation Measure M-11: Street, parking lot, and other common area lighting shall use low or high-pressure sodium units, metal halide, clean lucalox or other efficient lighting technology. The project proponent shall reimburse the City for the costs of an independent third party review of lighting plans. Mitigation Measure M-12: All outdoor lighting should be shielded, directed downward, and have sharp cut-off qualities at property lines, in order to minimize light and glare spillover effects. CC Reconsideration-Ords and Resos 166 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mitigation Measure M-13: 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. Mitigation Measure M-14: Commercial buildings as well as the proposed hotel, restaurant, and senior care structures shall use minimally reflective or tinted glass and all materials should be selected with attention to minimizing glare impacts to off-site areas, particularly the AFRC, the 405 Freeway, Seal Beach Boulevard, Lampson Avenue, and adjacent residential uses. Mitigation Measure M-15: Paved areas should be textured, and large expanses of concrete or high gloss tile should be avoided. Mitigation Measure M-16: Interior parking lot landscaping shall cover no less than 5%of the parking lot areas on-site. 3. The applicant shall have prepared a detailed site-specific evaluation of CO concentrations, with said report to be reviewed by a City-selected independent third party expert in air quality analysis. Said report shall analyze existing and projected CO concentration levels at the specific site, identify those areas which exceed any state or federal standards, and propose site specific mitigation measures necessary to reduce any exceedence of a state or federal CO standard to a level less than significant. Building permits shall not be issued until said report is approved by the City and all recommended mitigation measures are fully incorporated into final construction plans. 4. The applicant shall comply with all site-specific noise mitigation recommendations for the proposed project, as recommended by Gordon Bricken and Associates, dated August 10, 1998, and as summarized below: ❑ "Mitigation to comply with the City's exterior noise regulations would involve a 16 foot high sound wall placed opposite the secured court area either at the freeway or at the court." ❑ "A minimum four foot (4') barrier is required in a small area along Lampson Avenue. Please see Exhibit 8 for the location." ❑ The interior requirements can be met by using sound rated windows. The windows will require Sound Transmission Class ratings in the 26 to 40 range depending on the location." ❑ The recommended soundwall shall be installed along the property line, as proposed by the applicant. ❑ It should be noted that Mitigation Measure J-2 requires the City to have an independent, third party review of these recommendations. This will occur when final construction plans have been submitted to the City, and building permits will not be issued until all concerns of the independent third-party CC Reconsideration-Ords and Resos 1C7 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 review have been addressed in the final construction plans for the proposed project. 5. With the Applicant's consent, the building height shall be reduced from 36 feet to 35 feet to comply with the standards of the City, and that a future height variation be requested by the Applicant for the proposed architectural features. 6. This conditional use permit is approved subject to the final building plans being revised to not allow for any encroachment into the "greenbelt" area to be offered for dedication to the City, as established in Final Parcel Map 97- 165. This will maintain the integrity of the greenbelt area in accordance with the provisions of the various General Plan Amendments, Zone Changes, Parcel Map, and Development Agreement provisions which this site is subject to. The issue of the "greenbelt" area being an easement area or dedication to the City will be the decision of the City Council when they consider approval of Final Parcel Map 97-165. 7. Notwithstanding any default or breach by Bixby Ranch Company under that certain Development Agreement entered into between the City of Seal Beach and Bixby Ranch Company, as adopted by City of Seal Beach Ordinance No. 1440, the City agrees that such default or breach shall not affect or impair the rights of Marriott Senior Living Services, Inc. ("Marriott"), its successors or assigns, under this Conditional Use Permit. The City agrees that the rights of Marriott, its successors and assigns, under this Conditional Use Permit shall continue to bind Marriott and the City, provided, however, that all conditions attached to this Conditional Use Permit are satisfied by Marriott, its successors or assigns. 8. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. 9. The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 10. This Conditional Use 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) day appeal period has elapsed. 11. A modification of this Conditional Use Permit shall be obtained when: CC Reconsideration-Ords and Resos 168 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ❑ The establishment proposes to modify any of its current conditions of approval. ❑ There is a substantial change in the mode or character of operations of the establishment. 12. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City 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. 13. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 14. The establishment shall have a public telephone listing. 15. The establishment shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 16. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers CC Reconsideration-Ords and Resos 169 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the _ day of , 1999. City Clerk CC Reconsideration-Ords and Resos 170 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 ATTACHMENT 14 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-16, APPROVING A DRIVE-THROUGH WINDOW FOR PHARMACY PURPOSES AND A 24-HOUR DRUG STORE OPERATION ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "F", BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 171 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-16, APPROVING A DRIVE-THROUGH WINDOW FOR PHARMACY PURPOSES AND A 24- HOUR DRUG STORE OPERATION ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "F", BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE, AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 98-16 on December 9, 1998, and approved the project through the adoption of Planning Commission Resolution 98-45. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final FIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 DEER 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 City Council adopted City Council Resolution No. 4660, certifying the Final FIR and adopting a statement of CC Reconsideration-Ords and Resos 172 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the IIR 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 ER, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this conditional use permit. Section 4. The record of the 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 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 286,967 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast corner of Seal Beach Boulevard and St. Cloud, as approved by the City Council through Site Plan Review 98-1, Revision # 2. A component of the shopping center project includes a drug store with a drive- through window and a 24-hour business operation. c. The drive-through window is located on the west side of the structure facing Seal Beach Boulevard (for security reasons), and does not directly face any residential area. Directly to the west, across Seal Beach Boulevard, in the C-2 zone also, is Rossmoor Center. The nearest homes to the requested drive-through window are at the corner of Seal Beach Boulevard and St. Cloud Drive, approximately 200 feet to the southwest of the drive-through window. d. Section 28-1300.(7)(j) requires a conditional use permit for commercial activities operating between the hours of 2:00 a.m. and 6:00 a.m. The proposed Sav-On Drugstore (Retail "E" on the Site Plan), is requesting the capability of operating 24-hours a day, and to have a drive-through window for prescription drop-off and pick-up. e. 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. The subject drug store property is designated as Lot 8 of Tentative Tract Map No. 15767, and contains 1.57 acres of land area. Lot 8 has approximately 235 feet of frontage along Seal Beach Boulevard, and is approximately 250 feet in depth. CC Reconsideration-Ords and Resos 173 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 f. The subject property is legally described as Tentative Tract Map No. 15767, Lot 8, and is currently located in the General Commercial (C-2) zone. g. The entire development site is currently is developed with a small bank building, portions of the Bixby Old Ranch Golf Course, and vacant land owned by the Bixby Ranch Company. h. Surrounding land uses and zoning are as follows: o North — Bixby Village residential development in the Residential Medium Density (RMD)Zone. o South —Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)Zone. o 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. o West —Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. 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 application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision # 2 (92 mitigation measures), and are incorporated herein by reference. j. The proposed shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. k. The project applicant has indicated that the drive-through window will serve as a drop-off and pick-up point for prescription filling by use of a pneumatic tube system, similar to a drive-through teller window at a bank; that vehicles do not wait at the window while a prescription is being filled; that anticipated usage of the drive- through window is between 50 and 100 vehicles a day (5-10 v7ehicles per hour); that generally there are no more than 2-3 vehicles in line at the drive-through window; and that the volume on the speaker system is adjustable. 1. Due to traffic generated noises on Seal Beach Boulevard at the requested hours, and the fact that the nearest residential development is more than 200 CC Reconsideration-Ords and Resos 174 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 feet away, staff believes the requested operating hours are appropriate for this site. Pavilion's, which recently was approved by the Planning Commission for 24-hour operation, is located within 100 feet of an adjoining residential area. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council hereby adopts the Planning Commission findings and makes the following findings: a. Conditional Use Permit No. 98-16, a request to permit a drive- through window and 24-hour operation for the proposed Say-On Drugstore 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 drive-through windows and 24-hour business operation subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. Subject to the proposed conditions of approval, the proposed use of the property as a Say-On Drugstore with a drive-through window and 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the proposed location of the 24-hour drug store business with a drive-through window is approximately 200 feet from the nearest residential uses, staff is not recommending any specific noise related conditions at this time. c. The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility of the entire 26.045-acre shopping center with adjoining land uses. The subject shopping center development and the site proposed for the drug store development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features proposed for approval by height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property as a drug store with a drive-through window and a 24-hour business operation. d. Subject to the proposed conditions of approval, the proposed use of the property as a drug store with a drive-through window and a 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential CC Reconsideration-Ords and Resos 175 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time. e. Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 98-16, subject to the following conditions: 1. CUP 98-16 is approved for a 24-hour drug store operation with a drive- through window for pharmacy customers only at Bixby Old Ranch Towne Center(Retail "F"), Lot 8 of Tentative Tract Map No. 15767. 2. The volume on the drive-through speaker shall be turned down to its lowest audible level after 11:00 P.M. 3. No food or alcohol may be sold through the drive-through window. 4. No commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. 5. The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 6. This Conditional Use Permit shall not become effective for 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) day appeal period has elapsed. 7. A modification of this Conditional Use Permit shall be obtained when: o The establishment proposes to modify any of its current conditions of approval. o There is a substantial change in the mode or character of operations of the establishment. 8. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City 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. CC Reconsideration-Ords and Resos 176 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 9. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 10. The establishment shall have a public telephone listing. 11. The establishment shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 12. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 13. The term of this permit shall be for twelve (12) months (At the end of the initial twelve (12) month review period the applicant shall submit an application for renewal of the use, along with fees and required property owner/residents mailing labels to the Department of Development Services). At the end of this initial review period the Commission shall review the use a public hearing and may extend the permit indefinitely, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the drive-through use arise. If at any time the Commission determines negative impacts on surrounding land uses associated with the drive-through use of the property are irresolvable the Commission may revoke this permit thereby terminating 24 hour business operations and/or drive-through privileges for the drugstore. 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: Councilmembers NOES: Councilmembers CC Reconsideration-Ords and Resos 177 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 178 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 15 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-17, APPROVING A HOME IMPROVEMENT CENTER BUSINESS OPERATION WITH AN OUTDOOR GARDEN AREA ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "A", BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 179 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 98-17, APPROVING A HOME IMPROVEMENT CENTER BUSINESS OPERATION WITH AN OUTDOOR GARDEN AREA ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "A", BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 98-17 on December 9, 1998, and approved the project through the adoption of Planning Commission Resolution 98-46. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final FIR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final FIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEER), 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 DEER 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 (FIR) is adequate under CEQA. After considering the Final FIR 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 FIR and adopting a statement of CC Reconsideration-Ords and Resos 180 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary,Land Use Entitlements City Council Staff Report August 23, 1999 overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the FIR 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 FIR, as revised, and City Council Resolution No. is hereby incoiporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this conditional use permit. Section 4. The record of the City Council hearing of August 23, 1999 indicates the following: a. Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for 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 286,967 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast corner of Seal Beach Boulevard and St. Cloud, as approved by the City Council through Site Plan Review 98-1, Revision # 2. A component of the shopping center project includes a home improvement center comprising 126,000 square feet with a 10,000 square foot outdoor garden center. c. The proposed home improvement center comprises 126,000 square feet with a 10,000 square foot outdoor garden center. Said structure is located at the northeast corner of the proposed shopping center, approximately 580 feet east of Seal Beach Boulevard. (Retail 'A' on Site Plan). d. Section 28-1400.(11)(g) requires a conditional use permit for a "lumberyard/home improvement center." The proposed Home Improvement Center has • been classified as that type of land use by staff, and therefore requires conditional use permit approval. e. The subject shopping center property contains approximately 24.844 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. The subject home improvement center property is designated as Lot 1 of Tentative Tract Map No. 15767, and contains 11.98 acres of land area. Lot 1 has approximately 122 feet of frontage along Seal Beach Boulevard; is an irregular shaped parcel, being approximately 656 feet in width and 976 feet in depth. f. The subject property is legally described as Tentative Tract Map No. 15767, Lot 1, and is currently located in the General Commercial (C-2) zone. CC Reconsideration-Ords and Resos 181 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 g. Surrounding land uses and zoning are as follows: ❑ North — Bixby Village residential development in the Residential Medium Density (RMD)Zone. ❑ South —Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)Zone. ❑ 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. ❑ West — Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. h. The site plan is consistent with the General Plan, which designates the property for commercial uses i. The "Mitigation Monitoring Program" establishes a number of specific 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 application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision #2 (92 mitigation measures), and are incorporated herein by reference. j. The proposed shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. k. Due to the closeness of the adjoining home to the north and east as part of the Bixby Village development, a condition should be placed on the business operation requiring that no commercial deliveries or trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. In addition, a 10-foot high block wall should be provided along the property line adjacent to the truckwell and the turning area to provide additional visual screening and noise mitigation for this portion of the site, with a heavy landscaping treatment to be provided to provide visual screening area for the truckwell/turning area and the staging area. In addition, materials stored in the staging area shall not be stored above the height of the 20-foot high fence, and this fence to be similar in nature to that proposed for the garden center. CC Reconsideration-Ords and Resos 182 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council makes the following findings: a. Conditional Use Permit No. 98-17, a request to permit a home improvement center within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subject property and permits home improvement centers and outdoor garden areas subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. Subject to the proposed conditions of approval, the proposed use of the property as a Home Improvement Center with an outdoor garden area will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the proposed location of the truckwell area and outdoor staging area is approximately 60-70 feet from the nearest proposed residential uses, additional visual and noise related conditions to reduce potential impacts from these business operations of the facility are proposed. c. The proposed style, height and bulk of the proposed structure is consistent with surrounding uses. The height of the proposed structure, with the exception of architectural feature along the front of the structure vary from 24 to 28 feet, is less than the allowed 35-foot height in the C-2 zone. In addition, the structure is separated from proposed adjoining residential uses by 60-70 feet, including the provision of 8 and 10-foot high walls and heavy landscaped areas. The structure is setback approximately 580 feet from Seal Beach Boulevard, and 110 feet from the north property line. Between the proposed residences to the north and the main structure is a 5-foot landscaped area, a 60-foot driveway/parking area, and the 50-foot wide"Garden Center". d. The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility of the entire 26.045-acre shopping center with adjoining land uses. The subject shopping center development and the site proposed for the home improvement center development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features proposed for approval by height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property as a home improvement center with an outdoor garden area. In addition, the structure is separated from proposed adjoining residential uses by 60-70 feet, including the provision of 8 and 10-foot high walls and heavy landscaped areas. The structure is setback approximately CC Reconsideration-Ords and Resos 183 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 580 feet from Seal Beach Boulevard, and 110 feet from the north property line. Between the proposed residences to the north and the main structure is a 5-foot landscaped area, a 60-foot driveway/parking area, and the 50-foot wide"Garden Center". e. Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 98-17, subject to the following conditions: 1. CUP 98-17 is approved for a 126,000 sq. ft. Home Improvement Center with a 10,000 square foot Garden Center at Bixby Old Ranch Towne Center (Retail "A"), Lot 1 of Tentative Tract Map No. 15767, as shown on the approved Site Plan 98-1, Revision # 2. 2. No trash disposal activities may occur in association with the operation of this business between the hours of 10:00 P.M. and 7:00 A.M. 3. A 10-foot high block wall shall be provided along the property line adjacent to the truckwell and the turning area to provide additional visual screening and noise mitigation for this portion of the site, with a heavy landscaping treatment to be provided to provide visual screening area for the truckwell/turning area and the staging area. 4. Materials stored in the staging area shall not be stored above the height of the 20-foot high fence, and this fence to be similar in nature to that proposed for the garden center. 5. The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 6. This Conditional Use Permit shall not become effective for 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) day appeal period has elapsed. 7. A modification of this Conditional Use Permit shall be obtained when: ❑ The establishment proposes to modify any of its current conditions of approval. ❑ There is a substantial change in the mode or character of operations of the establishment, such as to a warehouse hardware store or other retail use. 8. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in CC Reconsideration-Ords and Resos 184 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 9. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 10. The establishment shall have a public telephone listing. 11. The establishment shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 12. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk CC Reconsideration-Ords and Resos 185 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 186 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 16 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 99-5, APPROVING SALE OF LIQUOR IN CONJUNCTION WITH A 24-HOUR DRUG STORE OPERATION ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "F", BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 187 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING CONDITIONAL USE PERMIT NO. 99-5, APPROVING SALE OF LIQUOR IN CONJUNCTION WITH A 24-HOUR DRUG STORE OPERATION ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (RETAIL "F", BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 99-5 on June 9, 1999, and approved the project through the adoption of Planning Commission Resolution 99-15. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of CC Reconsideration-Ords and Resos 188 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the OR 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 MR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. The Planning Commission held a properly noticed public hearing regarding Conditional Use Permit 99-5 on June 9, 1999, and approved the project through the adoption of Planning Commission Resolution 99-15. Section 4. The record of the Planning Commission hearing of June 9, 1999 indicates the following: a. On April 26, 1999 American Stores Properties Inc. (the "Applicant") filed an application with the Department of Development Services for a land use entitlement to sell liquor at Site "F" of Bixby Old Ranch Towne Center 26.045- acre commercial shopping center site. b. The proposed drive-through window is located on the west side of the structure facing Seal Beach Boulevard (for security reasons), and does not directly face any residential area. Directly to the west, across Seal Beach Boulevard, in the C-2 zone also, is Rossmoor Center. The nearest homes to the requested drive-through window are at the corner of Seal Beach Boulevard and St. Cloud Drive, approximately 200 feet to the southwest of the drive-through window. c. The subject shopping center property contains approximately 14,884 square feet and is located north of St. Cloud Drive on the east side of Seal Beach Boulevard. The subject drug store property is designated as Lot 8 of Tentative Tract Map No. 15767, and contains 1.57 acres of land area. Lot 8 has approximately 235 feet of frontage along Seal Beach Boulevard, and is approximately 250 feet in depth. d. The subject property is legally described as Tentative Tract Map No. 15767, Lot 8, and is currently located in the General Commercial (C-2) zone. e. Surrounding land uses and zoning are as follows: o North— Recently approved 75 single family detached houses to be built in conjunction with recently approved vested tract map. o South — Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. o East — Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. CC Reconsideration-Ords and Resos 189 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Stuff Report August 23, 1999 ❑ West — Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. f. 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 application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision# 2 (92 mitigation measures), and are incorporated herein by reference. g. The shopping center development plan complies with all City standards regarding minimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. h. The project applicant has indicated that the drive-through window will serve as a drop-off and pick-up point for prescription filling by use of a pneumatic tube system, similar to a drive-through teller window at a bank; that vehicles do not wait at the window while a prescription is being filled; that anticipated usage of the drive- through window is between 50 and 100 vehicles a day (5-10 v7ehicles per hour); that generally there are no more than 2-3 vehicles in line at the drive-through window; and that the volume on the speaker system is adjustable. i. Due to traffic generated noises on Seal Beach Boulevard at the requested hours, and the fact that the nearest residential development is more than 200 feet away, staff believes the requested operating hours are appropriate for this site. Pavilion's, which recently was approved by the Planning Commission for 24-hour operation, is located within 100 feet of an adjoining residential area. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council hereby adopts the Planning Commission findings and makes the following findings: a. Conditional Use Permit No. 99-6, a request to permit for the sale of beer, wine, and liquor in conjunction with the proposed Say-On Drugstore 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 alcoholic beverage sales subject to the issuance of a conditional use permit. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. CC Reconsideration-Ords and Resos 190 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 b. Subject to the proposed conditions of approval, the proposed use of the property as a Say-On Drugstore that sells beer, wine, and liquor in conjunction with a drive-through window and 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the proposed location of the 24-hour drug store business with a drive-through window is approximately 200 feet from the nearest residential uses, staff is not recommending any specific noise related conditions at this time. c. The proposed style, height and bulk of the proposed structure is consistent with surrounding commercial uses, which include an existing shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility of the entire 26.045-acre shopping center with adjoining land uses. The subject shopping center development and the site proposed for the drug store development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features proposed for approval by height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property as a drug store with a drive-through window and a 24-hour business operation. d. Subject to the proposed conditions of approval, the proposed land use entitlement for the off premises sale of beer, wine, and liquor in conjunction with a drive-through window and a 24-hour business operation will be compatible with surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time. e. Required adherence to applicable building and fire codes will ensure there will be adequate water supply and utilities for the proposed use. Section 6. Based upon the foregoing, the City Council hereby approves Conditional Use Permit No. 99-5, subject to the following conditions: 1. CUP # 99-5 is approved for an alcohol related land use at Lot "8" of the Tentative Tract Map of the Bixby Old Ranch Towne Center, Seal Beach. The permitted use allows the sale of beer, wine and distilled spirits for off-premises consumption 2. The applicant shall comply with all restrictions placed upon the license issued by the State of California Department of Alcoholic Beverage Control. 3. The applicant shall furnish the City a copy of his ABC license and a copy of any conditions placed on the license by the Department of Alcoholic Beverage CC Reconsideration-Ords and Resos 191 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Control. This shall be done as soon as the license is received by the applicant from the State of California Department of Alcoholic Beverage Control. 4. The hours of operation shall be: Daily 24 Hours 5. Alcohol shall be sold between the hours of 6 AM and 2 AM, as per ABC regulations. 6. No video games or similar amusements shall be permitted on the premises. 7. No lighted signs advertising alcoholic beverages shall be placed in the window areas, nor shall any other signs advertising specific brands of alcoholic beverages be permitted in the window areas. Interior displays of alcoholic beverages which are clearly visible to the exterior shall constitute a violation of this condition. 8. The applicant will prominently display these conditions of approval in a location within the business's customer area that is acceptable to the Director of Development Services. 9. This Conditional Use 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) day appeal period has elapsed. 10. A modification of this Conditional Use Permit shall be obtained when: (a) The establishment proposes to change its type of liquor license. (b) The establishment proposes to modify any of its current conditions of approval. (c) There is a substantial change in the mode or character of operations of the establishment. 11. The Planning Commission reserves the right to revoke or modify this Conditional Use Permit if any violation of the approved conditions occurs, any violation of the Code of the City 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. 12. Exterior lighting in the parking area shall be kept at a level so as to provide adequate lighting for patrons while not unreasonably disturbing surrounding residential or commercial areas. 13. In the event staff determines that security problems exist on the site, the conditions of this permit may be amended, under the procedures of the Seal Beach Municipal Code, to require the provision of additional security measures. CC Reconsideration-Ords and Resos 192 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 14. The establishment shall have a public telephone listing. 15. It shall be the responsibility of the applicant/licensee to provide all employees that sell or serve alcoholic beverages with the knowledge and skills that will enable them to comply with their responsibilities under State law. The knowledge and skills deemed necessary for responsible alcoholic beverage service shall include, but not be limited to the following topics and skills development: a) State laws relating to alcoholic beverages, particularly ABC and penal provisions concerning sales to minors and intoxicated persons, driving under the influence, hours of legal operations and penalties for violations of these laws. b) The potential legal liabilities of owners and employees of businesses dispensing alcoholic beverages to patrons who may subsequently injure, kill, or harm themselves or innocent victims as a result of the excessive consumption of alcoholic beverages. c) Alcohol as a drug and its effects on the body and behavior, including the operation of motor vehicles. d) Methods for dealing with intoxicated customers and recognizing underage customers. 16. The following organizations have been identified by the State Department of Alcoholic Beverage Control as providing training programs which comply with the above criteria: 1) Department of Alcoholic Beverage Control L.E.A.D. Program Telephone: (714) 558-6482 2) Orange County A.D.E.P.T. Program, for referral to either the B.A.D.D. or T.I.P.S. Program. Telephone: (714) 568-4187 17. Litter and trash receptacles shall be located at convenient locations inside and outside the establishment, and the operator of the establishment shall remove trash and debris on an appropriate basis so as not to cause a health problem. There shall be no dumping of trash and/or glass bottles outside the establishment between the hours of 10:00 P.M. and 7:00 A.M. 18. The sale of alcoholic beverages for consumption on the premises shall be prohibited and there shall be appropriate posting of signs both inside and outside the licensed premises that drinking of alcoholic beverages on the premises is prohibited by law. The premises shall include the licensed premises proper, appurtenant and required parking areas, and appurtenant common areas if located in a commercial center. CC Reconsideration-Ords and Resos 193 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 19. No alcoholic beverages shall be sold through the drive through window. 20. All conditions of CUP 98-16 shall apply. 21. The establishment shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by the establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 22. This Conditional Use Permit shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department of Development Services a minimum of ninety (90) days prior to such expiration date. 23. The term of this permit shall be for twelve (12) months (At the end of the initial twelve (12) month review period the applicant shall submit an application for renewal of the use, along with fees and required property owner/residents mailing labels to the Department of Development Services). At the end of this initial review period the Commission shall review the use at a public hearing and may extend the permit indefinitely, provided all conditions of approval have been satisfied and no extraordinary demand for law enforcement services occurs with respect to the subject property, or other significant problems associated with the drive-through use arise. If at any time the Commission determines negative impacts on surrounding land uses associated with the drive-through use of the property are irresolvable the Commission may revoke this permit. 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor CC Reconsideration-Ords and Resos 194 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 195 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 17 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-2, APPROVING A FREEWAY IDENTIFICATION SIGN ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SEAL BEACH BOULEVARD AND LAMPSON AVENUE (BIXBY OLD RANCH TOWNE CENTER) CC Reconsideration-Ords and Resos 196 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-2, APPROVING A FREEWAY IDENTIFICATION SIGN ON PROPERTY LOCATED AT THE SOUTHEAST CORNER OF SEAL BEACH BOULEVARD AND LAMPSON AVENUE (BIXBY OLD RANCH TOWNE CENTER) THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND, DETERMINE AND RESOLVE: Section 1. The Planning Commission held a properly noticed public hearing regarding Site Plan Review 98-2 on December 9, 1998, and approved the project through the adoption of Planning Commission Resolution 98-47. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 on the Final FIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III of the City's Local CEQA Guidelines, staff prepared an Initial Study and a Draft Environmental Impact Report (DEER), 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 DEER 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 (FIR) is adequate under CEQA. After considering the Final FIR 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 OR and a statement of overriding considerations CC Reconsideration-Ords and Resos 197 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 FIR, as revised, and City Council Resolution No. is hereby incorporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this site plan review. 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 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 freeway identification sign for the proposed Bixby Old Ranch Towne Center. The proposed sign location is adjacent to the I-405 Freeway, east of the proposed Marriott Senior Care Facility, on property designated Public Land Use/Recreation (PLU/R), and is proposed to be 50 feet in height, with a sign area of 267 square feet. Said freeway identification sign is to provide identification for a maximum 286,967 square foot commercial shopping center with parking, landscaping and other ancillary facilities on property located at the northeast corner of Seal Beach Boulevard and St. Cloud, as approved by the City Council through Site Plan Review 98-1, Revision # 2. A component of the shopping center project includes the proposed freeway identification sign, which was specifically provided for in the Development Agreement between the City and Bixby Ranch Company. c. The proposed freeway identification sign is to be located approximately 120 feet east of Greenbelt dedication line for the easterly boundary of the Marriott Brighton Gardens senior care facility, immediately adjacent to the right-of-way of the I-405 Freeway. The "reserved area" for the sign is approximately 40 x 40 feet in size, comprising approximately 1,600 square feet. The "reserved area" is within 40 feet of Lampson Avenue at the closest point. Said structure is located at the far eastern corner of the proposed Lampson Avenue greenbelt area, approximately 1,200 feet east of Seal Beach Boulevard. (Easement Area"4" on Tentative Parcel Map No. 97-165). d. The proposed sign location is adjacent to the I-405 Freeway, east of the proposed Marriott Senior Care Facility, on property designated Public Land Use/Recreation (PLU/R), and is proposed to be 50 feet in height, with a sign area of 267 square feet. The PLU/R zone has no height regulations. However, Section 28-1804.3.f. indicates that when the subject property falls under an adopted planned sign program, the standard requirements for commercially zoned property signs do not apply. CC Reconsideration-Ords and Resos 198 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 e. The concept plan indicates a sign structure with a maximum height of 50 feet, measured to the peak of the roof element on the sign. The height to the top "tenant" sign panel is approximately 40 feet. Total sign area is 267 square feet, broken down as follows: ❑ Tenant Identification Area—(4 Tenant Signs) 208 sq. ft. total o Shopping Center Identification Sign 20 sq. ft. o Direction Sign 39 sq. ft. The overall dimensions of the entire sign pylon structure is 23 feet wide and 50 feet high, and is designed to reflect the architectural style of the shopping center itself, using cultured stone at the base, wood siding, and cornice moldings to match that of the shopping center. f. The subject property is legally described as Easement Area 4, Tentative Parcel Map No. 97-1651, and is located in the Public Land Use/Recreation (PLU/R) zone. g. Surrounding land uses and zoning are as follows: ❑ North — Bixby Old Ranch Golf Course in the Recreation- Golf(R-G) Zone. o South — 1-405 Freeway right-of-way and the Seal Beach Weapons Support Facility further to the south, in the Public Land Use/Recreation (PLU/R)Zone. o East — Brighton Gardens senior care residential development in the General Commercial (C-2) Zone, with approximately 120 feet of Public Land Use/Recreation (PLU/R) zoning between the proposed sign location and the easterly property line of the Brighton Gardens development.. o West — Approximately 1,800 feet to the east is the Bixby Old Ranch Tennis Club site, which is to be dedicated to the City for a community center and recreation facility and to be zoned Public Land Use/Recreation(PLU/R). The nearest residential area is approximately 2,500 feet to the east, on the east side of the Tennis Club property. h. 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 and the proposed freeway identification sign to a level of insignificance in relation to this development application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision#2 (92 mitigation measures), and are incorporated herein by reference. CC Reconsideration-Ords and Resos 199 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 i. In considering this site plan review, the Commission approached this issue from the standpoint of the sign restrictions in the C-2, General Commercial Zone for dealing with the issue of the height of the sign. The Code states that no building or structure shall exceed the height limit for the district and zone in which it is located, 35 feet in the C-2 zone. However, Section 28-2317(4) provides for height variations for non-habitable architectural features. Specifically, Section 28-2317(4)(A) states: "Scope: Non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not required by Uniform Building Code), domes and covered stairwells to open roof decks may exceed the height limit established for the district in which such structure is located to a maximum of seven feet (7') if granted pursuant to the procedures contained in this section." Therefore, the Commission considered a 35-foot height limit to the top of the "tenant sign panel" and an overall height limitation for the sign structure of 42 feet. This maintains the basic concept of the sign proposal, while maintaining consistency with other standard design provisions of the City's Code. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1400, 28-2503 and 28-2504 of the City's Code, the City Council hereby adopts the findings of the Planning Commission and makes the following findings: a. Site Plan Review No. 98-2, a request to permit a freeway identification sign as a component of 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 "public land use/recreation" designation for the subject property and permits concessions and businesses when so designated and approved by the City Council. The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. Subject to the proposed conditions of approval, the proposed use of the property as a freeway identification sign is in keeping with the overall design theme of the remainder of the shopping center, with the siding and roofing materials and design theme is consistent with that of the shopping center c. Given the traffic speed along the I-405 freeway, the size of the proposed sign, as approved by the Council, will not create an overpowering presence from the freeway. Given the closeness of the sign to Lampson Avenue, it is recommended that extensive plantings of screening trees be required to visually screen the sign from this roadway as much as possible. d. The proposed sign structure, as modified and conditioned by the Council, is appropriate for the character and integrity of the adjoining land uses. To the CC Reconsideration-Ords and Resos 200 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 west a minimum of 120 feet is the Brighton Garden senior care facility, a hotel site and restaurant site. The nearest development to the west is the Bixby Old Ranch Tennis Club site, which is to be dedicated to the City for a community center and recreation facility, approximately 1,800 feet to the east. The nearest residential area is approximately 2,500 feet to the east, on the east side of the Tennis Club property. Section 6. Based upon the foregoing, the City Council hereby approves Site Plan Review No. 98-2, subject to the following conditions: 1. Site Plan Review 98-2 is approved for the construction of a freeway identification sign for the Bixby Old Ranch Towne Center, with the maximum structure height to be 42 feet and the maximum tenant identification sign height to be 38 feet. 2. A landscape plan shall be reviewed and commented on by the Parks, Recreation and Community Services Director, the Tree Preservation Committee of the City. The Street Tree Division of the Parks and Recreation Department shall approve said landscape plan. Said landscape plan shall provide for as much visual screening of the sign structure form motorists and pedestrians/bicyclists utilizing Lampson Avenue as possible. 3. All construction shall be in substantial compliance with the plans approved through SPR 98-2, and building permits shall not be issued prior to City approval of the landscaping plan. 4. There shall be no habitable space or useable retail space permitted within the sign structure. 5. This Site Plan Review 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) day appeal period has elapsed. 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers CC Reconsideration-Ords and Resos 201 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 202 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 18 RESOLUTION NUMBER , 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) CC Reconsideration-Ords and Resos 203 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER 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) 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 Alamitos, et 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 on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 DEM was circulated for public review and comment from April 15, 1998 to May 29, 1998, in compliance with the provisions of the California Environmental Qujlity 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 City Council adopted City Council Resolution No. 4660, certifying the Final EIR and adopting a statement of CC Reconsideration-Ords and Resos 204 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 overriding considerations. On August 23, 1999, the City Council conducted a public hearing to consider revisions to the ERZ 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 OR, as revised, and City Council Resolution No. is hereby incorporated by this reference. 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 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. c. The proposed architectural features above the permitted 35-foot height limit are as follows: • 42 feet for a Home Improvement Center (Retail '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 Seal 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 "D" structures • 40 feet for Retail `D' on Site Plan, 580 feet east of Seal Beach Boulevard d. The Code of the City of Seal Beach The Code of the City of Seal Beach, (Code) states that no building or structure shall exceed the height limit for the district and zone in which it is located. However, Section 28-2317(4) provides for height variations for non-habitable architectural features. Specifically, Section 28-2317(4)(A) states: CC Reconsideration-Ords and Resos 205 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 "Scope: Non-habitable architectural features, such as spires, towers, cupolas, belfries, monuments, parapets (not required by Uniform Building Code), domes and covered stairwells to open roof decks may exceed the height limit established for the district in which such structure is located to a maximum of seven feet (7) 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: ❑ North — Bixby Village residential development in the Residential Medium Density(RMD)Zone. ❑ South —Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)Zone. ❑ 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. ❑ West —Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. 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 application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision # 2 (92 mitigation measures), and are incorporated herein by reference. 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 of the overall concept design for the shopping center within the Bixby Old Ranch Towne Center EIR. CC Reconsideration-Ords and Resos 206 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 Boulevard. Additionally, the proposed residential development 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 residential 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. Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-2317 of the City's Code, 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 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 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 architectural features from Seal Beach Boulevard and the Bixby Village residential development to the north and east of the shopping center. d. No habitable living space is provided within the proposed architectural features. 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. CC Reconsideration-Ords and Resos 207 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 2. All construction shall be in substantial compliance with the plans approved through HV 98-5. 3. There shall be no habitable space or useable retail 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 applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the CC Reconsideration-Ords and Resos 208 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 209 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ATTACHMENT 19 RESOLUTION NUMBER , A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PLANNED SIGN PROGRAM 98-1, PERMITTING BUILDING, MONUMENT AND TEMPORARY SIGNS IN CONJUNCTION WITH A 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) CC Reconsideration-Ords and Resos 210 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 RESOLUTION NUMBER A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SEAL BEACH APPROVING PLANNED SIGN PROGRAM 98-1, PERMITTING BUILDING, MONUMENT AND TEMPORARY SIGNS IN CONJUNCTION WITH A 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) 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 Sign Program 98-1 on December 9, 1998, and approved the project through the adoption of Planning Commission Resolution 98-49. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et al. v. City of Seal Beach ordering the City to vacate Resolution No. 4660 and any approvals relying on the Final RR. On August 16, 1999, the City Council adopted Resolution 4726, vacating Resolution No. 4660 and any approvals relying on the Final FIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 (FIR) is adequate under CEQA. After considering the Final EER and public testimony thereto at a public hearing on November 9 and November 17, 1998, the City Council adopted City CC Reconsideration-Ords and Resos 211 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 hearing to consider revisions to the FIR 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. is hereby incorporated by this reference. Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this conditional use permit. Section 4. The record of the 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 various land use entitlements to develop the Bixby Old Ranch Towne Center 26.045-acre commercial shopping center site. b. Specifically, the applicant has submitted a "Sign Program" for the Bixby Old Ranch Towne Center shopping center. This sign program sets forth design intent and theme, a modification procedure, a discussion of sign types for both retailers (Retail A, B, C, D and E), and for the shop and pad building tenants (Shops 1 and 2 and Pads A and B), and monument signs. c. The Code permits 11/2 square feet of signage per lineal foot of building fronting on, or visible from, a street (speed limit over 35 mph) and 1 square foot of signage per lineal foot of building fronting on a parking lot. Based on these figures the Bixby Old Ranch Towne Center shopping center could provide the following signage: Maximum Permitted Signage North South East West RETAIL A 330.00 150.00 440.00 653.50 RETAIL B 0.00 70.00 200.00 300.00 RETAIL C 0.00 0.00 96.00 144.00 RETAIL D 0.00 207.00 277.00 415.50 RETAIL E 107.00 107.00 145.00 217.50 SHOP 1 140.00 140.00 210.00 315.00 SHOP 2 140.00 140.00 210.00 315.00 PADA 83.00 83.00 60.00 90.00 PAD B 87.00 87.00 74.00 111.00 Total Allowed 6144.50 sf d. The Applicant is proposing shopping center signage as follows: CC Reconsideration-Ords and Resos 212 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Proposed Sign Areas North South East West RETAIL A 330.00 150.00 0.00 600.00 RETAIL B 0.00 70.00 0.00 300.00 RETAIL C 0.00 0.00 0.00 144.00 RETAIL D 0.00 207.00 0.00 415.50 RETAIL E 107.00 107.00 145.00 217.50 SHOP 1 140.00 140.00 210.00 315.00 SHOP 2 140.00 140.00 210.00 315.00 PAD A 83.00 83.00 60.00 90.00 PAD B 87.00 87.00 74.00 111.00 Total Proposed 5078.00 sf e. The subject shopping center is located on a 26.045-acre site. The site is proposed to provide a maximum of 286,967 square feet of floor area. The site currently proposed to have a total of 5,078 square feet of signs, which is 82.6% of the total signage permitted by the Code of the City of Seal Beach. f. Section 28-1803.1 sets forth the general intent of the utilization of a planned sign program as follows: "Generally. In accordance with the provisions of this article, signs may be authorized in commercial and industrial districts as a part of a planned sign program notwithstanding that such signs do not conform to all specific regulations applicable in general to ground sign, wall sign, and other signs allowed pursuant to this article. A planned sign program is a voluntary, optional alternative to the general sign regulations, intended to encourage the maximum incentive latitude in order to achieve variety and good design. The planned sign program option shall not be used to circumvent the objectives of this article." g. The proposed signing is consistent with the intent of this article and the General Plan, as this request is for considerably less signage than is allowed by the Code. The total area of the proposed signs 5,078 square feet, is 82.6 % of the total sign area allowed for this shopping center. h. The proposed shopping center is similar in nature to Rossmoor Center, across Seal Beach Boulevard, which has a planned sign program that allows several large pylon signs, in addition to the main tenant identification signs on each of the buildings within the center. In addition, the proposed signage at the Bixby Old Ranch Towne Center is only 82.6% of the maximum allowable signage under the provisions of the Code. CC Reconsideration-Ords and Resos 2 j 3 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 i. 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. j. The subject property is legally described as Tentative Tract Map No. 15767, and is currently located in the General Commercial (C-2)zone. k. Surrounding land uses and zoning are as follows: o North — Bixby Village residential development in the Residential Medium Density(RMD)Zone. o South —Bixby Old Ranch Golf Course in the Recreation-Golf (R-G)Zone. o 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. o West —Across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. 1. 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 application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1, Revision # 2 (92 mitigation measures), and are incorporated herein by reference. m. The buildings on which signage is proposed adjacent to Seal Beach Boulevard are located approximately 20 to 115 feet off of Seal Beach Boulevard, with the rear retail structures being located approximately 580 feet from Seal Beach Boulevard. Approximately 43% of the proposed signage will be located on the buildings located to the rear of the shopping center, approximately 580 feet from Seal Beach Boulevard. Approximately 20% of the proposed signage will be on the west facing sides of those structures closest to Seal Beach Boulevard, within 20 to 115 feet of the roadway right-of- way. n. The Applicant has proposed two types of monument signs for the shopping center. Monument signs are proposed at each entrance of the shopping center, and vary somewhat in design at each location. All of the monument signs are of a similar design and provide similar design themes to the commercial structures themselves, with a cultured stone base, stucco finish on the main sign panel, a stucco cornice to match the buildings, and cut out free standing letters identifying the"Old Ranch Town Center". CC Reconsideration-Ords and Resos 214 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to §§ 28-1803 and 28-1804 of the City's Code, the City Council hereby adopts the findings of the Planning Commission and makes the following findings: a. Planned Sign Program 98-1 is consistent with the provisions of the Land Use Element of the City's General Plan which permits commercial uses on the subject property. The use is also consistent with the remaining elements of the City's General Plan as the policies of those elements are consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. The proposed signing is consistent with the intent of this article and the general plan as this request is for considerable less signage than is allowed by the Code. c. The signs included in this planned sign program meet the minimum design standards for signs within the City. d. Approval does not constitute a grant of specific privilege or allow substantially greater visibility than the standard provisions allow. The Bixby Old Ranch Towne Center commercial center is the second largest commercial center within the City, with a maximum floor area of 286,967 square feet. The proposed signage is 82.6% of the maximum allowable signage under the provisions of the Code. Section 6. Based upon the foregoing, the City Council hereby approves Planned Sign Program No. 98-1, subject to the following conditions: 1. Planned Sign Program 98-1 is approved to permit a planned sign program for the Bixby Old Ranch Towne Center shopping center in accordance with the program submitted by Kitchell Development, dated October 15, 1998. 2. All construction shall be in substantial compliance with the plans approved through Planned Sign Program 98-1. 3. This Planned Sign Program 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)day appeal period has elapsed. 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: CC Reconsideration-Ords and Resos 215 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor ATTEST: City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 216 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council StaffReport August 23, 1999 ATTACHMENT 20 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) CC Reconsideration-Ords and Resos 217 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 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 Planning Commission held a properly noticed public hearing regarding Eucalyptus Tree Permit 99-1 on April 21, 1999, and approved the project through the adoption of Planning Commission Resolution 99-6. On August 3, 1999, the Orange County Superior Court issued a writ in the matter of City of Los Alamitos, et 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 on the Final EIR. Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ II.0 and III 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 FIR 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 FIR 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. is hereby incorporated by this reference. CC Reconsideration-Ords and Resos 218 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Section 3. Pursuant to the August 3 Writ, the City Council held a public hearing on August 23, 1999 to consider approving this conditional use permit. Section 4. The record of the Planning Commission hearing of April 7 and April 21, 1999 indicates the following: a. On March 17, 1999, Bixby Ranch Company (the "Applicant") filed applications with the Department of Development Services for permits to remove • eucalyptus trees as a component of the Bixby Old Ranch Towne Center project development. b. Specifically, The applicant is proposing to remove eucalyptus trees on the subject property as a component of the Bixby Old Ranch Towne Center project implementation, located at the northeast and southeast corners of Seal Beach Boulevard and Lampson Avenue. More specifically, the following eucalyptus tree removals have been requested: ❑ Area A: Shopping Center — 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 arborist indicates there are 100 eucalyptus trees subject to the permit requirements within this area, and all of these trees will be removed. o Area B: Institutional/hotel/restaurant — Permit request to remove 84 eucalyptus trees within this area (Note: this permit does not include any eucalyptus trees within the greenbelt area to be dedicated by right or easement to the City). The report of the arborist indicates there are 96 eucalyptus trees subject to the permit requirements within this area, and 12 of these trees will be retained. o Area C: Golf Course — Permit request to remove 121 eucalyptus trees within this area. The project applicant indicates there are 334 eucalyptus trees subject to the permit requirements within this area, and 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 granting 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. CC Reconsideration-Ords and Resos 219 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 e. The report of the arborist, Greg Applegate, indicates the following regarding the subject eucalyptus trees, by area: ❑ Area A - all or nearly all of the eucalyptus have been topped or severely headed, many appear to be composed of stump sprouts and almost no seedling are growing in this area. Swollen bases indicate internal decay on many of the eucalyptus. As one would expect, trees that have had poor care or have been topped have generally lower ratings. Almost no trees were rated at 10. The average structural condition was 5.67%. The average health rating was 5.98%. The average root condition was 5.66. Topped trees are rarely rated over 5 and topping effects both the structural condition, the health and root condition. In this project many trees are in poor health, most have been topped, others have advanced decay from poor pruning in the past, and still others have defects that are not correctable. Trees have life-spans and this stock of trees is, due to improper pruning and environmental factors, in effect "elderly". o Area B-In contrast to the findings of the Ell?, all or nearly all of the eucalyptus have 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 topped very severely because they are under the power lines. Otherwise this group of trees is in slightly better condition than Area A. As one would expect, trees that have been pelted by golf balls or have been topped have generally lower ratings. No trees were rated at 10. The average structural condition was 4.77%. The average health rating was 5.05. The average root condition was 4.66. Topped trees are rarely rated over 5 and topping effects both the structural condition, the health and root condition. As a group the trees in Area B have grown past middle age and are in the latter part of their lives. In this project many trees are in poor health or have been topped, and still others have defects that are not correctable. Trees have life-spans and this stock of trees is, due to improper pruning and environmental factors, in effect "elderly". Trees that are in obvious, irreversible decline or are conspicuous hazard trees are recommended for removal. " Section 5. Based upon the facts contained in the record, including those stated in §4 of this resolution and pursuant to Chapter 7D of the City's Code, the City Council adopts the findings of the Planning 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, as revised, and no further environmental analysis 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 standards for granting permits of Chapter 7D of the Code of the City of Seal Beach for the following reasons: CC Reconsideration-Ords and Resos 220 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 ❑ The condition of the eucalyptus tree(s) with respect to disease, danger of falling., and proximity to existing or proposed structures: As indicated by the consulting arborist, regarding the trees within Area A ". . . all or nearly all of the eucalyptus have been topped or severely headed, many appear to be composed of stump sprouts and almost no seedling are growing in this area. Swollen bases indicate internal decay on many of the eucalyptus. As one would expect, trees that have had poor care or have been topped have generally lower ratings. Almost no trees were rated at 10. The average structural condition was 5.67%. The average health rating was 5.98%. The average root condition was 5.66. Topped trees are rarely rated over 5 and topping effects both the structural condition, the health and root condition. In this project many trees are in poor health, most have been topped, others have advanced decay from poor pruning in the past, and still others have defects that are not correctable. Trees have life-spans 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 contrast to the findings of the EIR, all or nearly all of the eucalyptus have 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 topped very severely because they are under the power lines. Otherwise this group of trees is in slightly better condition than Area A. As one would expect, trees that have been pelted by golf balls or have been topped have generally lower ratings. No trees were rated at 10. The average structural condition was 4.77%. The average health rating was 5.05. The average root condition was 4.66. Topped trees are rarely rated over 5 and topping effects both the structural condition, the health and root condition. As a group the trees in Area B have grown past middle age and are in the latter part of their lives. In this project many trees are in poor health or have been topped, and still others have defects that are not correctable. Trees have life-spans and this stock of trees is, due to improper pruning and environmental factors, in effect "elderly". Trees that are in obvious, irreversible decline or are conspicuous hazard trees are recommended for removal." o The interference of trees with existing utility services and/or streets and highways: As indicated by the consulting arborist, "The eucalyptus growing along the side of the San Diego Freeway are topped very severely because they are under the power lines." o The number of trees which the affected property can adequately support under good forestry practices: Area A is approximately 25-acres in area and the required tree replacement program would require a total of 400 new eucalyptus trees to be provided to replace the 100 existing trees to be removed, either within or immediately adjacent to this proposed shopping center development. The site is adequate in size and shape to accommodate this number of trees. Area B is CC Reconsideration-Ords and Resos 221 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 approximately 13.7 acres in area, including the 5-acre greenbelt area to be dedicated in fee or by easement to the City, and the required tree replacement program would require a total of 336 new eucalyptus trees to be provided to replace the 84 existing trees to be removed, either within or immediately adjacent to this proposed development. The site is adequate in size and shape to accommodate this number of trees. Area C is approximately 150 acres in area and will comprise the reconfigured Bixby Old Ranch Golf Course, and the required tree replacement program would require a total of 484 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 accommodate this number of trees. Overall, a total 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 "mitigation measures". ❑ The extent to which alternative development plans which do not endanger trees cannot achieve the same intensity of uses as the proposed plans. and the extent to which the cost of alternative development plans is prohibitive: The City Council considered several alternatives to the approved project which were discussed and evaluated within the "Alternatives" section of the Bixby Old Ranch Towne Center FIR. The City Council ultimately determined to certify the FIR, approve the project, and adopt the appropriate Statement of Findings and Overriding Considerations. The requested eucalyptus tree removal permits are within the scope of the certified FIR 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, "In the "Matrix of Findings" and recommendations a large number of trees have been recommended for removal. While tree preservation is a worthwhile and economically attractive goal, there are many instances where the cost of preservation outweighs future benefits to be gained In this project many trees are in poor health, most have been topped, others have advanced decay from poor pruning in the past, and still others have defects that are not correctable. Trees have life-spans and this stock of trees is, due to improper pruning and environmental factors, in effect "elderly". Trees that are in obvious, irreversible decline or are hazard trees are recommended for removal. c. Required adherence to applicable mitigation measures will ensure that all appropriate actions to reduce environmental impacts to a level of insignificance are completed and an adequate number of replacement trees will be provided in accordance with the adopted "Mitigation Monitoring Program" for the requested eucalyptus tree removals. CC Reconsideration-Ords and Resos 222 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 Section 6. Based upon the foregoing, the City Council hereby approves Eucalyptus Tree Permit 99-1, subject to the following conditions: 1. Eucalyptus Tree Permit 99-1 is approved for the following tree removals within Areas A, B and C: ❑ Area A: Shopping Center — 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). 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 100 existing trees to be removed, either within or immediately adjacent to this proposed shopping center development. ❑ Area B: Institutional/hotel/restaurant — Permit request to remove 84 eucalyptus trees within this area (Note: this permit does not include any 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 are permitted to be removed. A total of 336 new eucalyptus trees shall be provided to replace the 84 existing trees to be removed, either within or immediately adjacent to this proposed development. ❑ 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. A total of 484 new eucalyptus trees to be provided to replace the 121 existing trees to be removed, either within or immediately adjacent to this proposed development. 2. All eucalyptus tree removals and the replanting program shall be in accordance with the reports submitted by the consulting arborist, Greg Applegate, relating to Area A and Area B, respectively dated February 19, 1999 and March 10, 1999. 3. Not more than 100 trees 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 Area C. 4. All eucalyptus tree removals shall be in compliance with Mitigation Measures G-11, G-13, M-4, 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 CC Reconsideration-Ords and Resos 223 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretionary Land Use Entitlements City Council Staff Report August 23, 1999 in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (10) day appeal period has elapsed. 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 City 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: Councilmembers NOES: Councilmembers ABSENT: Councilmembers Mayor A 1TBST: City Clerk CC Reconsideration-Ords and Resos 224 Bixby Old Ranch Towne Center Development Plan Reconsideration of Discretioncuy Land Use Entitlements City Council Staff Report August 23, 1999 STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Joanne M. Yeo, City Clerk of Seal Beach, California, do hereby certify that the foregoing resolution is the original copy of Resolution Number on file in the office of the City Clerk, passed, approved, and adopted by the City Council of the City of Seal Beach, at a regular meeting thereof held on the day of , 1999. City Clerk CC Reconsideration-Ords and Resos 225