HomeMy WebLinkAboutItem N (2) MEMORANDUM
To: Honorable Mayor and Members of the City Council
Attention: Keith R. Till, City Manager
Quinn Barrow, City Attorney
From: Lee Whittenberg, of Development Services P.°g� P
Subject: TECHNICAL REVISIONS - BIXBY OLD RANCH
DEVELOPMENT EIR CERTIFICATION RESOLUTION
•
Date: August 23, 1999
Provided as attachments to this memorandum are various pages of the EIR Certification
Resolution under consideration on the City Council agenda this evening, indicating revisions in
accordance with the City Attorney. The revisions are indicated by for language to
be deleted and by bold, underline, and italics for language to be added.
Summary of Revisions in accordance with the City Attorney:
o Page 3, Section 9
o Page 3, Section 10
o Page 4, Section 10
o Page 5, Section 15
o Page 5, Section 18
o Page 6, Section 18, 19, and 21
o Page 7, Section 21 and 22
o Page 22, "1. Potential Impacts"
o Page 23, "2. Findings"
o Page 29 and 30, Public Services, 1. "Potential Impacts"
o Page 31, K7
o Page 39, Statement of Overriding Considerations
o Page 40, F.
A copy of the proposed language for the Resolution is provided as Attachment 1.
* * * *
C:\My Documents\Bixby Towne Center EIR\Amended EIR Reso Memo.doc
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City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
north of St. Cloud Drive lessens potential traffic impacts, and lessens areas of controversy related
to the impacts of the Project on the unincorporated area of Rossmoor. The public has been
afforded meaningful opportunities to comment on each change prior to the City Council
approving the Project. The changes to the Project will create no new significant environmental
impact, will not increase the severity of any impact, do not involve the rejection of any
alternative or mitigation measure by the applicant, and do not reflect any fundamental flaw or
inadequacy in the FEIR. For those reasons, and based on the FEIR and the record, the City
Council found that the environmental impacts of the Project as amended have been fully
disclosed and adequately analyzed, and that recirculation of the EIR is not required by CEQA
Guidelines Section 15088.5. Upon the conclusion of the hearing, the City Council found that the
comments regarding the DEIR and the responses to those comments had been received by the
City; that the City Council had received public testimony regarding the adequacy of the FEIR;
and that the City Council, as the final decision-making body for the lead agency, had reviewed
and considered all such documents and testimony prior to acting on the Project. Pursuant to
State CEQA Guidelines Section 15090, the City Council therefore adopted Resolution 4660,
certifying that the FEW had been completed in compliance with CEQA.
Section 9. The EIR was challenged in court. On August 3, 1999, the Court issued a
writ, ordering the City to vacate Resolution No. 4660. On August 9, 1999, the City Council
adopted Resolution No. 4726 setting aside, vacating and voiding Resolution 4660, subject to
and pending further Court order.
Section 10. The Court identified the following areas requiring further analysis within
the context of its order, dated June 18. 1999:
a) Project Description: 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);
b) Increased Size: An analysis to address whether an increase of 1.045 acres of
land area in itself precipitates greater impacts than were addressed in the Final
EIR.
c) School Impacts: An analysis of the potential impacts to schools as a result of
the adoption of a 75 dwelling unit project alternative in Development Area D.
d) Traffic Impacts and Mitigation Measures: An analysis of the feasibility of
mitigation measures with respect to the Los Alamitos/Katella and
Bloomfield/Katella intersections in light of further consultation between the City
of Seal Beach and City of Los Alamitos.
e) Cumulative Traffic Impacts: An analysis of whether revitalisation of
Rossmoor Business Center is a speculative or reasonably foreseeable impact,
and if the latter, whether it would contribute new significant impacts.
Bixby EIR Re-Certification-City Council Resolution 3
City Council Resolution No.
Re-Certification of Elf?—Bixby Old Ranch Towne Center Project
August 23, 1999
f) Cumulative Aesthetic Impacts: An analysis of potential cumulative aesthetic
impacts due to increased lighting from conversion of a golf course area and open
space into commercial center with night time lighting.
g) Any other Environmental Issues or Impacts that May Be Affected Thereby
The City engaged the services of three independent consultants to perform the required analysis
and study. The analysis and conclusions of the consultants are contained in "Revisions to the
Environmental Impact Report", dated August 1999, and appendices thereto (Revisions to EIR).
Section 11. On August 23, 1999, the City Council held a duly noticed public hearing on
the adequacy of the FEIR, as revised by the Revisions to EIR, and on the project.
Section 12. The FEIR is comprised of the DEIR, dated April 1998 and circulated on
April 15, 1998; a Technical Appendices volume dated April, 1998; the Response to Comments
volume dated September, 1998, which includes revisions thereto; the list of persons,
organizations and public agencies which commented on the DEIR; the comments which were
received by the City regarding the DEIR, and the City's written responses to significant
environmental points raised in the public review and comment process; memoranda to the City
from Culbertson, Adams and Associates, dated November 23, 1998, and Linscott, Law and
Greenspan, dated November 17, 1998, regarding environmental impacts resulting from certain
proposed amendments to the Project, the Additional Environmental Review volume dated
September, 1998, and the Revisions to the EIR, dated August, 1999, each of which is
incorporated herein and made a part hereof by this reference.
Section 13. The findings made in this Resolution are based upon the information and
evidence set forth in the FEIR, as revised, and upon other substantial evidence, both oral and
written, which has been presented in the record of this proceeding. The documents, staff reports,
technical studies, appendices, plans, specifications, and other materials that constitute the record
of proceedings on which this Resolution is based and the Revised FEIR for the Project are on file
and available for public examination during normal business hours in the Office of the Director
of Development Services of the City of Seal Beach, 211 Eighth Street, Seal Beach, California
90740. The custodian of said records is the Director of Development Services of the City of Seal
Beach.
Section 14. The City Council finds that the public and government agencies have been
afforded ample notice and opportunity to comment on the Initial Study, DEIR, and FEIR, as
revised.
Section 15. The City Council finds, pursuant to CEQA Guidelines Section 15084(e),
that the Revised EIR has been independently analyzed by the City and its Staff, and that the
Revised EIR represents the independent judgment of the City as lead agency with respect to the
Project. The City Council further finds that the additional information provided in the staff
reports accompanying the Project descriptions and FEIR, the corrections and modifications to the
DEW made in response to comments, revisions to the Project made prior to the November 23,
Bixby EIR Re-Certification-City Council Resolution 4
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City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
1998 hearing, the Revisions to the EIR, dated August 1999, the amplification and clarification
made pursuant to the Revisions to the EIR, and the evidence presented in written and oral
testimony presented at the above-referenced hearings does not represent significant new
information as defined in the CEQA Guidelines. Therefore re-circulation of the EIR is not
required pursuant to Public Resources Code Section 21092.1.
Section 16. The City Council finds that the comments regarding the DEIR and the
responses to those comments have been received by the City; that the City Council has received
public testimony regarding the adequacy of the FEIR, as revised; and that the City Council, as
the final decision-making body for the lead agency, has reviewed and considered all such
documents and testimony prior to acting on the Project. Pursuant to State CEQA Guidelines
Section 15090, the City Council therefore certifies that the Revised FEIR has been completed in
compliance with CEQA.
Section 17. Based upon the Initial Study, the DEIR, the FEIR, Revisions to EIR,
public and agency comments and the record before the City Council, the City Council finds that
the Project will not cause significant environmental impacts in the areas of Energy, Hazards,
Public Services, Utilities/Service Systems, and Recreation. Explanations for why the foregoing
impacts were found to be insignificant are contained in the Initial Study in Appendix A of
Volume II the DEIR, and also in Section V of the FEW. In many cases, less-than-significant
impacts identified above, in Section V of the FEW and in the Revisions to EIR (e.g., school
impacts) were also discussed in detail in the FEIR, as revised, based upon additional field
analysis or information. Certain mitigation measures were imposed as part of the Applicant's
proposal and are considered to be positive impacts of the Project. After considering the
Revisions to the EIR, the City Council re-affirms this finding.
Section 18. Based upon the Initial Study, the DEIR and the FEIR, public comments
and the record before the City Council, the City Council finds that the Project may create
significant impacts in the areas of Land Use, Socio-Economics, Geology, Water/Drainage, Air
Quality, Transportation Circulation, Biological Resources, Noise, Public Services, Aesthetics,
and Cultural Resources. Such impacts are further described in Exhibit B hereto, in the Summary
of Impacts Table in Section IIB of the FEIR, and in Section V of the FEW. On the same bases,
the City Council finds that the Project may contribute to significant cumulative impacts in the
areas of Air Quality, and Transportation/Circulation. • • - - • • - '
- .. -- - - - - . •- •• - - -- • - ' - . .. . • - - - . ' - - -
. . . . - . . - . . . ' . • .. . With
the exceptions of certain impacts in the areas of Socio-Economics, Air Quality,
Transportation/Circulation, and Aesthetics (as specified in Exhibit B), the FEIR identifies
feasible mitigation measures for each impact that reduce the impact to a level of insignificance.
With regard to the aforementioned Air Quality, Transportation/Circulation, and Aesthetics
impacts, the FEW identifies mitigation measures that will substantially lessen each impact,
although not to a level of insignificance. With regard to the aforementioned Socio-Economics
impacts, no feasible mitigation measures were identified. Further explanation for these
Bixby EIR Re-Certification-City Council Resolution 5
• City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
determinations may be found in Sections II, III, V, and VI of the FEIR. After considering the
Revisions to the EIR, the City Council re-affirms these findings, except to the extent that impacts
upon the level of service at twe certain intersections in the City of Los Alamitos are created by
regional growth, rather than by this project.
Section 19. In response to each significant impact identified in the EIR, and listed in
Section 18 of this Resolution, changes or alterations are hereby required in, or incorporated into,
the Project which will avoid or substantially lessen the significant environmental impacts
identified. Each such change or alteration is hereby made a condition of approval of the Project.
Such conditions of approval shall be enforced through specific provisions in the Development
Agreement, and conditions imposed upon the tract and/or subdivision maps and use permits for
the Project. The changes or alterations required in, or incorporated into, the Project, and a brief
explanation of the rationale for this finding with regard to each impact, are contained in Exhibit
B of this Resolution and are incorporated herein by this reference. Further analysis of the
mitigation of each such impact can be found in Section V of the FEIR, and in the Revisions to
EIR.
Section 20. Section VII of the EIR describes, and the City Council has fully
considered, a reasonable range of alternatives to the Project which might fulfill the basic
objectives of the Project. These alternatives include "No Project," "Proposed General
Plan/Zoning Maximum;" "Existing General Plan;" "Previous Mixed Use Project;" "Residential
Replaces Institutional;" "Light Industrial;" "Commercial Recreation;" "Cemetery;"
"Hotel/Conference/Golf Course;" and "Kime et al. Alternative." With the exception of portions
of the "Residential Replaces Institutional" and the "Kime et al." Alternatives, the alternatives
identified in the FEIR either would not sufficiently achieve the basic objectives of the Project or
would do so only with unacceptable adverse environmental impacts. Accordingly, and for any
one of the reasons set forth herein, in the FEIR, or in the "Findings and Facts in Support of
Findings" document attached hereto as Exhibit B, the City Council finds that specific economic,
social, or other considerations make infeasible each of the other Project alternatives, including
the "No Project" alternative, and each is hereby rejected. The City Council further finds that a
good faith effort was made to incorporate alternatives into the preparation of the EIR, and that all
reasonable alternatives were considered in the review process of the EIR and the ultimate
decision on the Projects. As described in Section 13, above, the City Council has adopted, and
the Applicant has accepted portions of the "Residential Replaces Institutional" and "Kime, et al."
Alternatives, as those specified portions of the Alternatives help to lessen or avoid significant
impacts of the Project and meet some or all of the Project's objectives.
Section 21. The City Council hereby makes each of the findings contained in the
"Statement of Findings and Facts in Support of Findings" attached hereto as Exhibit "B" with
respect to each of the significant impacts defined in the FEIR, as revised, and the alternatives
analysis. Further, the City Council hereby finds that each fact in support of finding is true and is
based upon substantial evidence in the record, including the FEIR, as revised. Accordingly, the
Courts order, dated June 18, 1999, orderd the City to revisit the "Statement of Overriding
Considerations" in light of its order and the additional analysis provided in response
thereto. The City Council has done so. For each environmental impact identified in the
Revised FEIR as "significant and unavoidable," the City Council re-adopts the "Statement of
Bixby EIR Re-Certification-City Council Resolution 6
City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
Overriding Considerations" as revised and set forth in Exhibit B. The City Council hereby
adopts the Mitigation Monitoring Program which is presented in Section IIC of the FEW and
attached hereto as Exhibit C and incorporated herein by reference.
Section 22. The City Council further finds that in compliance with the Court's order,
additional focused analysis was performed to address the identified specific issues relating to
project description, impacts associated with the increased size of the project, traffic impacts and
mitigation measures, school impacts, cumulative traffic impacts, cumulative aesthetic impacts
and any other environmental issues or impacts that may be affected thereby.
Pursuant to §211092.1 and §15088.5, the City Council finds that there is no evidence of any new
significant information requiring recirculation of the EIR. The Revisions to EIR has provided
more detailed analysis in specific issue areas and supports the conclusions and mitigation
measures contained in the FEIR. The expanded analysis has not revealed:
o any new significant environmental impacts which would result from the project,
o any new mitigation measures required to be implemented,
o any new feasible project alternative or mitigation measure considerably different from
others previously analyzed which would clearly lessen the significant environmental
impacts of the project, but the project proponent's decline to adopt it; nor
o any substantial increase in the severity of an environmental impact which would result
unless mitigation measures are adopted that reduce the impact to a level of insignificance.
As no new significant impacts have been identified and no new or revised mitigation measures
are required, the EIR has not been changed in a way that deprives the public of a meaningful
opportunity to comment upon a substantial adverse environmental effect of the project or a
feasible way to mitigate or avoid such an effect (including a feasible project alternative). The
Revisions to the OR analysis merely clarifies or amplifies or makes insignificant modifications
the EIR. Therefore, no recirculation of the EIR is required.
Section 23. Upon approval of this Resolution, the Director of Development Services is
hereby directed to file forthwith a Notice of Determination with the County Clerk's Office,
County of Orange, and the California State Clearinghouse pursuant to Section 21152 of the
Public Resources Code.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach
at a meeting thereof held on the 23d day of August, 1999, by the following vote:
AYES: Councilmembers
NOES: Councilmembers
ABSENT: Councilmembers
Bixby EIR Re-Certification-City Council Resolution 7
City Council Resolution No.
Re-Certification ofEJR—Bixby Old Ranch Towne Center Project
August 23, 1999
1. Potential Impacts
Development of the Project combined with ambient growth will generate
traffic that could significantly impact peak hour levels of service at six intersections. Two of
those intersections (Katella and Los Alamitos; Los Alamitos and Spring/Cerritos) are located in
the City of Los Alamitos, outside the jurisdiction of Seal Beach. Thus, the City cannot require
mitigation; it can only require the applicant to contribute its fair share for traffic improvements
identified in the Final EIR. In addition, regional growth in traffic is expected to create
significant cumulative traffic impacts at 13 of the 26 study intersections by the year 2010.
Cumulative and non-project related significant impacts at two intersections in the City of Los
Alamitos (Katella and Los Alamitos; Katella and Bloomfield) cannot be reduced to a level of
significance. Significant and unavoidable impacts are discussed in greater detail below.
Although the agent of the Rossmoor Center has stated that he has the capability of
expanding the Center, no evidence has been presented that any such expansion is
reasonably forseeable in the future. At the time of release of the Notice of Preparation of
the EIR for the Bixby project, no application was on file for any expansion of the Rossmoor
Center. CEQA Guideline section 15130 limits "probable future projects" for which
cumulative impacts must be discussed to those projects requiring an agency approval for
an application which has been received at the time the notice of preparation is released.
Nonetheless, the Court's order of June 18, 1999 required the City to determine if
revitalization, as opposed to expansion, of the Rossmoor Center is a speculative or
reasonably foreseeable impact, and if the latter, whether it is significant. Although the
revitalization of the Rossmoor Center is possible, no immediate plans to revitalize have
been disclosed by the property owner who has informed the City that he may seek instead
to expand in the future. Therefore, revitalization does not appear to be reasonably
foreseeable in the near future. Nonetheless, analysis by the City's traffic consultant
indicates that even if Rossmoor Center were to revitalize, no more severe environmental
impacts related to the Bixby project would be realized nor would any changed or
additional mitigation measures be warranted. Thus, any cumulative impact that might
arise from any revitalization of the Rossmoor Center due to the proiect is not significant
(See Revisions to the EIR).
the project is not significant (See, Revisions to E1R).
2. Finding
For each such significant impact identified in the FEIR, changes or
alterations have been required in, or incorporated into, the project which mitigate or avoid the
significant effects on the environment. With regard to six intersections, including two
intersections in Los Alamitos located outside of Seal Beach, Mitigation Measure Fl
requires the project developers to pay a "fair-share" of the costs for the improvements
identified in the EIR. Those mitigation measures are identified below.
Bixby EIR Re-Certification-City Council Resolution 22
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City Council Resolution No.
Re-Certification ofEIR—Bixby Old Ranch Towne Center Project
August 23, 1999
To the extent cumulative transportation/circulation impacts resulting from
the Project at the intersection of Los Alamitos Boulevard at Katella Avenue in the City of Los
Alamitos remain significant after mitigation, specific economic, legal, social, technological, or
other considerations make infeasible the alternatives identified in the environmental impact
report and any additional mitigation measures. Specifically, the intersection is within the
responsibility and jurisdiction of another public agency and not the City of Seal Beach. Thus,
Seal Beach can not require the construction of the improvements identified as mitigation
measures identified in the EIR. Seal Beach can only require the applicant to pay its fair share of
the identified measures, which the City has done in Mitigation Measure Fl. Further, based
upon documents provided to the City by Los Alamitos in August, 1999, including the newly
adopted Los Alamitos 2010 General Plan, the City of Los Alamitos has concluded that
additional mitigation measures, beyond those identified in the Final EIR, are not feasible or
practical (See, Revisions to EIR and Appendix I thereto).
3. Facts in Support of Finding
The FEIR indicates that the implementation of the measures below will
mitigate transportation/circulation impacts at study intersections to a level of insignificance.
Traffic improvement measures to be implemented and the Traffic Impact Fees to be paid by the
Applicant will result in the improvement of traffic circulation in the area, except, perhaps, at
those intersections located in the City of Los Alamitos where Seal Beach cannot require the
construction of improvements, but only that the applicant pay its fair share for improvements
identified in the FEIR. Studies performed by the City's traffic consultant indicate that the issue
of "cut through trips" generated by the Project through the unincorporated community of
Rossmoor will not be significant. Further explanation of transportation/circulation impacts and
additional facts in support of these findings are found in Section V.F. of the FEIR, and in the
Revisions to EIR.
F1. 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. The proposed project would significantly impact six key intersections in the
Year 2001. Further, two intersections will require improvements related to providing access to
the Old Ranch Towne Center site. The City of Seal Beach will require the project developers to
pay a "fair-share" of the improvement costs for the six intersections as follows:
#2: Los Alamitos Boulevard at Spring Street/Cerritos Avenue
#3: Los Alamitos Boulevard at Katella Avenue
#12: Seal Beach Boulevard at Lampson Avenue
#13: Seal Beach Boulevard at 1405 NB Ramps-Old Ranch Parkway
#14: Seal Beach Boulevard at 1405 SB Ramps-Beverly Manor
Bixby EIR Re-Certification-City Council Resolution 2 3
City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
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.
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.
J4. 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. Public Services
1. Potential Impacts
Development of the Project with new residential, commercial and institutional uses will create
some additional demand for police and fire services. According to the Los Alamitos Unified
Bixby EIR Re-Certification-City Council Resolution 29
City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
K4. 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.
K5. All water mains and hydrants shall provide required fire flows
in accordance with requirements of the Orange County Fire Authority.
K6. All structures shall be constructed pursuant to Uniform
Building Code requirements relative to fire protection.
K7. 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 $4,72 $1.93per square
foot of assessable space for residential construction and $0.28 $0.31 per square foot for
commercial/industrial projects.
L. Utilities/Service Systems
1. Impacts
Section V.L. of the FEIR indicates that impacts of the Project related to
Utilities and Service Systems are not anticipated to be significant. However, the City has
imposed, and the Applicant has accepted, the following mitigation measures to reduce water
consumption, wastewater and solid waste generation.
LI. 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.
L2. 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.
L3. 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.
L4. 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.
L5. 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.
Bixby EIR Re-Certification-City Council Resolution 31
City Council Resolution No.
Re-Certification ofEIR—Bixby Old Ranch Towne Center Project
August 23, 1999
a) offer for dedication to the City of Seal Beach the 6.74 acre Bixby Old Ranch
Tennis Club facility for public recreation purposes;
b) provide an on-site joint use public/private driving range;
c) provide a 2.5 acre improved park facility adjacent to the residential
component of the Project.
III. STATEMENT OF OVERRIDING CONSIDERATIONS FOR THE BIXBY OLD
RANCH TOWNE CENTER CONCEPT PLAN AND RELATED
DISCRETIONARY ACTIONS
The Court's order, dated June 18, 1999 states: "The Statement of
Overriding Considerations appears adequate for CEQA review. However, because the
underlying approval of the FEIR is insufficient, it is unclear whether the Statement of
Overriding Considerations remains valid. The City Council should revisit this issue in
light of the writ relief granted herein."
Accordingly, the-following Statement of Overriding Considerations in connection with
the Bixby Old Ranch Towne Center Concept Plan and related discretionary actions is hereby re-
adopted by the Seal Beach City Council ("Council") pursuant to the requirements of the
California Environmental Quality Act, Public Resources Code section 21000 et seq. ("CEQA").
CEQA requires the decision-making agency to balance the economic, legal, social,
technological or other benefits of a project against its unavoidable environmental risks when
determining whether to approve the project. If the benefits of the project outweigh the
unavoidable adverse effects, those effects may be considered acceptable (CEQA Guidelines
section 15093(a)). CEQA requires the agency to provide written findings supporting the specific
reasons for considering a project acceptable when significant impacts are unavoidable. Such
reasons must be based on substantial evidence in the EIR or elsewhere in the administrative
record (CEQA Guidelines section 15093(b)). Those reasons are provided in this Statement of
Overriding Considerations.
The Council finds that the economic, social or other benefits of the Project outweigh all
of the Project's significant and unavoidable impacts discussed in Article II of this Statement of
Environmental Findings and any other remaining significant effects found to be unavoidable. In
making this finding, the Council has balanced the benefits of the Project against its unavoidable
impacts and has indicated its willingness to accept those adverse impacts. The Council finds that
each one of the following benefits of the Project, independent of the other benefits, would
warrant approval of the Project notwithstanding the unavoidable impacts of the Project.
A. Preservation of the existing golf course.
The City and Applicant have agreed, in the form of a binding Development Agreement,
that the existing Old Ranch Golf Course will be preserved for golf course and related uses for a
Bixby EIR Re-Certification-City Council Resolution 3 9
City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
period of at least 30 years. This agreement ensures that a large section of Bixby property will
remain as open space, and used for recreational purposes, for the foreseeable future, with the
exception of ancillary structures on the golf course, such as the clubhouse and maintenance
facilities.
B. Dedication of the Old Ranch Tennis Club to the City for community recreation
purposes.
The Applicant has offered to dedicate the Old Ranch Tennis Club and all its
improvements to the City in fee simple absolute. This presents a significant opportunity for the
City to acquire at no cost to the City a large, commercially zoned, parcel and preserve the
property and facility for community uses. In addition, the Applicant will pay the City significant
funds for the maintenance of the Tennis Club.
C. A comprehensive development program for underutilized and vacant property.
The affected Property is among the last undeveloped areas of the City. Under existing
zoning and general plan designations, various parcels could have been sold and developed with
much more intense uses than those proposed as part of the Project, without the comprehensive
planning process that has been undertaken for the Project.
D. Development which does not affect the operational capabilities of the Los
Alamitos Armed Forces Reserve Center ("AFRC").
The Project has been judged to be consistent with the applicable Airport Environs Land
Use Plan (AELUP) and the AICUZ study. The Department of the Army has indicated that the
AICUZ study represents the armed forces' plan for operations at the AFRC for the foreseeable
future. It does not appear that the Project will have an adverse effect on the AFRC's operations.
E. Development which is at least fiscally neutral, and preferably, fiscally beneficial
to the City.
Fiscal impact studies indicate that the fiscal benefit of the Project to the City will be
substantial, with a substantial cumulative revenue surplus of $13.9 million estimated in fiscal
year 2009-10. In addition, the Applicant has agreed to pay significant development impact fees,
to pay over $1,000,000 to the City for various projects and improvements, to provide needed
street and drainage improvements at its own cost, and to dedicate significant parcels of property
to the City.
F. Development which can mitigate project-related traffic and noise impacts.
The record indicates that traffic impact fees paid by the applicant and traffic
improvements installed as part of the Project will improve traffic conditions in the vicinity of the
Project, with the possible exception of two intersections located outside the City of Seal Beach.
Because a city has no control over property intersections outside its jurisdiction, Seal Beach
cannot require the construction fo intersection improvements outside its jurisdiction, but
Bixby EIR Re-Certification-City Council Resolution 4 0
City Council Resolution No.
Re-Certification of EIR—Bixby Old Ranch Towne Center Project
August 23, 1999
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can only require the applicant to pay its fair share for improvements identified in the FEIR,
which have required by Mitigation Measure F1. The Applicant is dedicating property that
can be used in the future for freeway off-ramp widening.
G. Minimized Traffic and Air Quality Impacts
Development of the Project under the Concept Plan will lead to commercial development
that is less intense than what is permitted under the existing General Plan and Zoning. This less
intense development will result in less significant air quality and traffic impacts than could be
expected under the current General Plan and Zoning.
H. New Park
The proposed residential component of the Project includes the provision of a new
improved park adjacent to the residential development and the golf course. The proposed 2.5
acre park exceeds City requirements.
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Bixby EIR Re-Certification-City Council Resolution 41