HomeMy WebLinkAboutStaff Report - Vacating Resolution 4660 and Other Approvals that Relied on the EIR for Bixby Ranch Center 1411(.°
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August 16, 1999 2
STAFF REPORT
To: Honorable Mayor and Members of the City Council
Attention: Keith R Till, City Manager
From: Lee Whittenberg, Director of Development Services
Subject: VACATING RESOLUTION 4660 AND OTHER
APPROVALS THAT RELIED ON THE
ENVIRONMENTAL IMPACT REPORT FOR THE BIXBY
OLD RANCH TOWNE CENTER DEVELOPMENT PLAN
SUMMARY OF REQUEST
City compliance with August 3, 1999 Writ issued by the Orange County Superior Court in the matter
of City of Los Alamitos, et al. V. City of Seal Beach.
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:
1. Resolution No. 4660
2. Notice of Determination
3. Any and all City actions that relied on the Bixby Old Ranch Towne Center EIR
In accordance with the writ, staff recommends that the City adopt the attached resolution.
RECOMMENDATION
Agenda Item
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Vacating EIR Certification,Bixby Old Ranch Towne Center E1R
City Council Staff Report
August 16, 1999
Adopt Resolution No. , A Resolution of the City Council of the City of Seal Beach Setting
Aside, Vacating and Voiding Certain Actions Pursuant to the August 3, 1999 Writ Issued by the
Orange County Superior Court Regarding the Bixby Old Ranch Towne Center Development Plan
NOTED AND APPROVED
�'J 1 •
/ W /A:
A- Whitten.erg, Director Keith R Till
• -velopment Services Dep. City Manager
Attachments: (1)
ATTACHMENT 1: Resolution No. , A Resolution of the City Council of the City
of Seal Beach Setting Aside, Vacating and Voiding Certain Actions
Pursuant to the August 3, 1999 Writ Issued by the Orange County
Superior Court Regarding the Bixby Old Ranch Towne Center
Development Plan
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ATTACHMENT 1
RESOLUTION NO. , A RESOLUTION OF THE
CITY COUNCIL OF THE CITY OF SEAL BEACH
SETTING ASIDE, VACATING AND VOIDING
CERTAIN ACTIONS PURSUANT TO THE AUGUST
3, 1999 WRIT ISSUED BY THE ORANGE COUNTY
SUPERIOR COURT REGARDING THE BIXBY OLD
RANCH TOWNE CENTER DEVELOPMENT PLAN
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SEAL BEACH SETTING ASIDE, VACATING AND
VOIDING CERTAIN ACTIONS PURSUANT TO THE
AUGUST 3, 1999 WRIT ISSUED BY THE ORANGE
COUNTY SUPERIOR COURT REGARDING THE
BIXBY OLD RANCH TOWNE CENTER
DEVELOPMENT PLAN
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
DETERMINE AND RESOLVE:
Section 1. On November 23, 1998, the City Council for the City of Seal Beach
adopted Resolution No. 4660, certifying an Environmental Impact Report (EIR) for the Bixby Old
Ranch Towne Center Development Plan. Subsequent to such certification, the City adopted certain
ordinances and resolutions and issued permits in reliance upon such EIR
Section 2. The City of Los Alamitos, the Rossmoor Homeowners Association
and Century National Properties, Inc. filed a petition for writ of mandate challenging the City's action
certifying the EIR
Section 3. On June 18, 1999, the Superior Court for the County of Orange,
Honorable William F. McDonald issued a minute order finding:
(a) The EIR does not analyze impacts associated with increasing the size
of the commercial project on Area"A" above the 286,967 square foot project identified in the project
description.
(b) The EIR does not analyze impacts on schools arising from 75 single
family homes.
(c) The EIR does not address whether revitalisation of the Rossmoor
Business Center, alone, instead of expansion, is reasonably foreseeable or speculative impact and thus
the writ is granted to determine if anticipated revitalization of the Rossmoor Center is a speculative or
reasonably foreseeable impact, and if the latter, whether it is significant and must be addressed in the
EIR
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Vacating EIR Certification,Bixby Old Ranch Towne Center EIR
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(d) The writ is granted as to inadequate consideration and participation
with the City of Los Alamitos regarding mitigation measures with respect to the Los Alamitos/Katella
and Bloomfield/Katella intersections.
(e) The finding that the increased lighting caused by a 286,967 square foot
commercial development is not a significant cumulative impact should be supported by additional
evidence and analysis, and or addressed by mitigation measures, alternatives, or a Statement of
Overriding Considerations.
Section 4. On August 3, 1999, the Court issued its writ compelling the City to
"set aside,vacate and void each of the following actions:
(a) Resolution No. 4660
(b) The Notice of Determination issued on November 24, 1998; and
(c) Any and all actions of any body of the City of Seal Beach, including but
not limited to, the Seal Beach Planning Commission, that rely in whole or in part on the Bixby Ranch
EIR"
Section 5. Based on the foregoing, and pursuant to the August 3, 1999 writ, the
City Council hereby sets aside, vacates and voids each of the following actions:
(a) Resolution No. 4660
(b) The Notice of Determination issued on November 24, 1998; and
(c) Any and all actions of any body of the City of Seal Beach, including but
not limited to, the Seal Beach Planning Commission, that rely in whole or in part on the Bixby Ranch
EIR
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
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Vacating EIR Certification,Bixby Old Ranch Towne Center EIR
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Mayor
A 1 hST:
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
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RESOLUTION NO. 1/7iZ,
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF SEAL BEACH SETTING ASIDE, VACATING
AND VOIDING CERTAIN ACTIONS PURSUANT TO
THE AUGUST 3, 1999 WRIT ISSUED BY THE
ORANGE COUNTY SUPERIOR COURT REGARDING
THE BIXBY OLD RANCH TOWNE CENTER
DEVELOPMENT PLAN
THE CITY COUNCIL OF THE CITY OF SEAL BEACH DOES HEREBY FIND,
DETERMINE AND RESOLVE:
Section 1. On November 23, 1998, the City Council for the City of Seal Beach
adopted Resolution No. 4660, certifying an Environmental Impact Report (EIR) for the Bixby Old
Ranch Towne Center Development Plan. Subsequent to such certification, the City adopted certain
ordinances and resolutions and issued permits in reliance upon such EIR.
Section 2. The City of Los Alamitos, the Rossmoor Homeowners Association
and Century National Properties, Inc. filed a petition for writ of mandate challenging the City's
action certifying the EIR.
Section 3. On June 18, 1999, the Superior Court for the County of Orange,
Honorable William F. McDonald issued a minute order finding:
(a) The EIR does not analyze impacts associated with increasing the size
of the commercial project on Area "A" above the 286,967 square foot project identified in the
project description.
(b) The EIR does not analyze impacts on schools arising from 75 single
family homes.
(c) The EIR does not address whether revitalization of the Rossmoor
Business Center, alone, instead of expansion, is reasonably foreseeable or speculative impact and
thus the writ is granted to determine if anticipated revitalization of the Rossmoor Center is a
speculative or reasonably foreseeable impact, and if the latter, whether it is significant and must be
addressed in the EIR.
(d) The writ is granted as to inadequate consideration and participation
with the City of Los Alamitos regarding mitigation measures with respect to the Los
Alamitos/Katella and Bloomfield/Katella intersections.
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Vacating EIR Certification,Bixby Old Ranch Towne Center EIR
City Council Resolution No.
August 16, 1999
(e) The finding that the increased lighting caused by a 286,967 square
foot commercial development is not a significant cumulative impact should be supported by
additional evidence and analysis, and or addressed by mitigation measures, alternatives, or a
Statement of Overriding Considerations.
Section 4. On August 3, 1999, the Court issued its writ compelling the City to
"set aside, vacate and void each of the following actions:
(a) Resolution No. 4660
(b) The Notice of Determination issued on November 24, 1998; and
(c) Any and all actions of any body of the City of Seal Beach, including
but not limited to, the Seal Beach Planning Commission, that rely in whole or in part on the Bixby
Ranch EIR."
Section 5. Based on the foregoing, and pursuant to the August 3, 1999 writ, the
City Council hereby sets aside, vacates and voids each of the following actions, subject to and
pending further order from the court:
(a) Resolution No. 4660
(b) The Notice of Determination issued on November 24, 1998; and
(c) Any and all actions of any body of the City of Seal Beach, including
but not limited to, the Seal Beach Planning Commission, that rely in
whole or in part on the Bixby Ranch EIR.
PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at a
meeting )hereof held on the /6 6- day of
( , 1999, by the following vote:
C
AYES: Council memb3''►�� d Zi4-1 i4.
i / r
NOES: Councilmember �;f
ABSENT: Councilmembers
Mayor
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Vacating FIR Certification,Bixby Old Ranch Towne Center EIR
City Council Resolution No.
August 16, 1999
ATb T:
.1,4. ,ii _... .
Cit Werk
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 47 on file in the office of the City
Clerk, passed, approved, and adopted hg City Council of the ' o Seal Bea at a regular
meeting thereof held on the � _ day of GLG , 1999.
� ,/ice__4 ii ,,
Pi Clerk
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