HomeMy WebLinkAboutItem O (2) MEMORANDUM
To: Honorable Mayor and Members of the City Council
Attention: Keith R. Till, City Manager
Quinn Barrow, City Attorney
From: Lee Whittenberg, Director of Development Services (4)
Subject: TECHNICAL REVISIONS - BI OLD RANCH
DEVELOPMENT PLAN RESOLUTION AND
• ORDINANCES
Date: August 23, 1999
Provided as attachments to this memorandum are the resolutions and the ordinances under
consideration on the City Council agenda this evening, indicating revisions in accordance with the
City Attorney. The revisions are indicated by stfiltefirrettgli 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 For all of the resolutions and ordinances, except for the Development Agreement Ordinance, the
following additional language has been added to the last sentence of Section 1. This last
sentence will now read:
"On August 16, 1999, the City Council adopted Resolution 4726, vacating
Resolution No. 4660 and any approvals relying on the Final IIR, subject to and
pending further Court order."
o Ordinance No. 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 Towne Center Development Plan"
Revision# 1: Page 2, revises Section 3, regarding the holding of public hearings to read as
follows:
C:\My Documents\Bixby Towne Center EIR\Amended Recission Reso and Ord Memo 2.doc\LW\08-23-99
d
Bixby Old Ranch Towne Center Project
Amended Resolution and Ordinances
Memorandum to City Council
August 231999
"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,
hearing on August 23, 1999 pursuant to the writ issued by the Orange County
Superior Court en August 3, 1999 in the matter of City of Los Alamitos et al. v.
City of Seal Beach. 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 EIR,
subject to and pending further Court order."
A copy of the proposed language for the Resolutions and Ordinances, except for the Development
Agreement Ordinance, is provided as Attachment 1.
A copy of the amendment to the Development Agreement Ordinance is provided as Attachment 2.
* * * *
Amended Recission Reso and Ord Memo 2 2
• 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)
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 ovgrriding 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 EER. subject to and
pending further Court order.
Section 2. Pursuant to 14 Calif. Code of Regs. § 15025(a) and §§ ILC 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 (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
AGENDA ITEM
C:VvMy Documents\RESOU.and Use Amendment 98-1(Bixby).CCR2.Re-Adopt Reddoc
ATTACHMENT 2
City Council Ordinance No. 1440
Re-Adoption of Development Agreement Between City and Bixby Ranch Company re:
Bixby Old Ranch Towne Center Development Plan
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, .. . .., -- . .. .. - :. : . -_.. . . - •
-
- e - - .
Los s —�-City of Scal Batch. 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, subject to
and pending further Court order.
Section 4. The City Council hereby finds 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
Bixby Re-Adoption- Development Agreement,Redline 2