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RESOLUTION NUMBER 00-31
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL BEACH
RECOMMENDING AMENDMENT TO
DEVELOPMENT AGREEMENT,
ELIMINATION OF SECTION 3.1.2.7
PROJECT PHASING (TIMING OF
RESIDENTIAL CONSTRUCTION) AND
ELIMINATION OF' CONDITION NUMBER 2,
PRIOR TO ISSUANCE OF BUILDING
PERMITS, CITY COUNCIL RESOLUTION NO.
4735, VESTING TENTATIVE TRACT MAP NO.
15797 (BIXBY OLD RANCH TOWNE CENTER
DEVELOPMENT)
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY RESOL VB:
WHEREAS: The City and Bixby Ranch Company entered 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
WHEREAS: Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II.C 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. 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 the ordinance adopting the
development agreement was within the scope of the project analyzed in
the Final EIR, as revised, and City Council Resolution No. 4728 is hereby
incorporated by this reference; and
WHEREAS: On August 23, 1999, the City Council re-adopted all necessary ordinances
and resolutions regarding the Bixby Old Ranch Towne Center development.
Ordinance 1440-A re-adopted the development agreement, setting forth
terms and conditions regarding the overall Bixby Old Ranch Towne Center
project. City Council Resolution No. 4735 re-approved Vesting Tentative
C:\My Documents\RESO\Bixby Development Agreement Amend.PC Reso.doc\LW\08-IO-00
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Planning Commission Resoiution No. 00.31
Bixby Old Ranch Towne Center - Amendment to Development Agreement &
VITM No.1 5797 - Development Phasing
August 9. 2000
Tract Map No. 15797 regarding the residential development on Area "D";
and
WHEREAS: On July 13, 2000 the City of Seal Beach received a request from Bixby
Ranch Company to undertake whatever actions are necessary to eliminate
Section 3.1.2.7 of the Development Agreement and condition 2 under the
heading "Prior to Issuance of Building Permits" on page 9 of Resolution
4735, regarding Vesting Tentative Tract Map No. 15797. Elimination of
these provisions and conditions would permit construction of the
residential project permitted withi'n Development Area "D" to proceed
prior to any commercial development; and ,
WHEREAS: The City of Seal Beach has reviewed the proposed changes inthe phasing
provisions of the Development Agreement for the Bixby Old Ranch Towne
Center project for compliance with the requirements of the California
Environmental Quality Act (CEQA) Statutes and Guidelines and the City of
Seal Beach Environmental Procedures. The City has found that the Bixby
Old Ranch Towne Center EIR, previously certified by the City of Seal Beach
on August 23, 1999, and the Mitigation Monitoring Program prepared for the
project adequately addresses the environmenW effects of the proposed
changes; and
WHEREAS: The Planning Commission has conducted a public hearing on August 9,
2000, regarding the requested amendment to eliminate Section 3.1.2.7 of the
Development Agreement and condition 2 under the heading "Prior to
Issuance of Building Permits" on page 9 of Resolution 4735, regarding
Vesting Tentative Tract Map No. 15797, in accordance with the provisions
of Section 4.8, Modification. Amendment or Extension, of the adopted
Development Agreement; and
WHEREAS: At said public hearing written and oral testimony was received by the
Planning Commission; and
WHEREAS: The City of Seal Beach, in consideration of the proposed changes in the
phasing provisions of the Development Agreement for the Bixby Old Ranch
Towne Center project, has reviewed the project for compliance with the
requirements of the California Environmental Quality Act (CEQA) Statutes
and Guidelines and the City of Seal Beach Environmental Procedures. In
this regard, the City has reconsidered Bixby Old Ranch Towne Center EIR,
previously certified by the City of Seal Beach on August 23, 1999, and the
Mitigation Monitoring Program prepared for the project. Based upon its
review, The City finds that the proposed project falls within the scope 'of the
Bixby Old Ranch Towne Center,EIR in compliance with Section 21166 of
the California Environmental Quality Act (CEQA, Public Resources Code ~
21000, et seq.) and Section 15162 of the CEQA Guidelines based upon the
following:
(a) Substantial changes are not proposed in the project, which will
require major revisions to the, environmental impact report. The Project
Description of the project has not been changed by the proposed changes to
the Development Agreement. Certification of the Bixby Old Ranch Towne
Center EIR considered the development of Development Area A for
. ,
commercial development and Development Area D for residential
development.
(b) Substantial changes have not occurred with respect to the
circumstances under which the project is being undertaken which will
require major revisions in the environmental impact report. The changes in
the Development Agreement would not result in changes in the
circumstances surrounding the project per the certified EIR.
Bixby Development Agreement Amend.PC Reso
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Planning Commission Resolution No. 00.31
Bixby Old Ranch Towne Center - Amendment to Development Agreement &
VITM No, 15797 - Development Phasing
, August 9, 2000
(c) There is no new information, which was not known and could not
have been'known at the time the environmental impact report was certified
as complete, becomes available. The environmental effects of the certified
EIR and approved projects have not been changed by the proposed changes
to the Development Agreement. Moreover, the proposed changes to the
Development Agreement would not result in new significant effects not
previously identified; and
WHEREAS: The Planning Commission determines the requested amendment to eliminate
Section 3.1.2.7 of the Development Agreement and condition -2 under the
heading "Prior to Issuance of Building Permits" on page 9 of Resolution
4735, regarding Vesting Tentative Tract Map No. 15797 are appropriaie for
the following reasons:
o From a land planning standpoint, the Planning Commission can
determine no adverse impacts that would be created if the requested
amendments were to be approved.
o Adequate mitigation measures have been imposed by the City to
ensure that each .of the various project components of the Bixby Old
Ranch Towne Center Development Project will not be detrimental to
the environment on their own.
o The delays caused by the CEQA lawsuit have changed the
circumstances under which these conditions were imposed.
o The progress of the commercial development on the site makes it clear
that the approved commercial development will be completed almost
concurrently with the approved residential development.
o Elimination of the subject provisions would shorten the overall project
construction period if the requested amendment were to be approved
by the City. Shortening the construction period would result in
, reduced impacts as a result of:
o A shorter time period of traffic disruption along Seal Beach
Boulevard;
o a shorter time period of dust generation if a more concentrated
construction period were to occur;
o a shorter time period of construction noise if a more concentrated
construction period were to occur;
o a shorter time period of air quality impacts if a more concentrated
construction period were to occur;
o Reduce the potential for construction conflicts with the. new businesses
of the Old Ranch Towne Center project due to later construction of the
residential development.
NOW, THEREFORE, BE IT RESOLVED, the Planning Commission hereby
recommends approval to the City Council the Elimination of Section 3.1.2.7 of the
Development Agreement (Ordinance No. 1440-A) and the Elimination of Condition
Number 2, Prior to Issuance of Building Permits, of City Council Resolution No. 4735
regarding Vesting Tentative Tract Map No. 15797.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the
City of Seal Beach at a meeting thereof held on the 9th day of August , 2000,
by the following vote:
Bixby Development Agreement Amend.PC Reso
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Planning Commission Resolution No, 00.31
Bixby Oid Ranch Towne Center - Amendment to Development Agreement &
VITM No.1 5797 - Development Phasing
August 9, 2000
AYES: Commissioners
Brown, Cutuli, Lyon, Sharp
NOES: Commissioners
Hood
ABSENT: Commissioners
ABSTAIN: Commissioners
David Hood, Ph.D.
Chairman of the Plannin
Whittenberg
Secretary of the Planning Commission
Bixby Development Agreement Amend.PC Reso
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