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HomeMy WebLinkAboutPC Res 95-14 - 1995-08-09 RESOLUTION NO. 95-14 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH RECOMMENDING TO THE CITY COUNCIL DENIAL OF AN APPLICATION TO DEVELOP THE OLD RANCH GOLF COURSE WITH A COMMERCIAL COMPLEX, 198-223 RESIDENTIAL UNITS AND AN EXPANDED GOLF COURSE (GPA AMENDMENT 95-1A AND IB) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. In September, 1994, the BIxby Ranch Company ("Apphcant"), completed and subrmtted a revIsed applicatton for General Plan Amendments 95-1 (A&B), ZOne Change 95-1, and Vesting Tentative Tract Map No 14465 (collectively "apphcatton") WIth the CIty of Seal Beach. The Appltcant seeks amendment to the General Plan to allow an mcrease ofapproxlmately 22.75 acres oflow denSIty TeSldentlalland, 8.7 acres of hIgh denSIty resldenttal land, 13 4 acres of golf course land and a decrease of I 7 acres of general commercIal land on the land described as: Parcel A, conSlsttng of BIxby Old Ranch Golf Course: All that certain real property sItuated in the City of Seal Beach, County of Orange, State of CalIfornIa, bemg porttons of Sections 31 and 32, in TownshIp 4 South, Range 11 West, San Bernardmo Base and Mendtan. BegInning at the Southwest corner of the Southeast Quarter of the Northeast Quarter of satd Section 31; Thence S 890 48' 20" E a distance of 3739.27 feet, to the begmnlng of a 1040.00 foot non- tangent curve, concave to the South, a radtal to satd begmnlng bears N 000 ))' 34" E; Thence Westerly, along saId curve, through a central angle of 350 14' 56" an arc dIstance of 639.82 feet; Thence S 540 56' 39" W a dIstance of 1508.98 feet, to the beginning of a 10040.00 foot tangent curve, concave to the Southeast; Thence Southwesterly, along saId curve, through a central angle of 160 00' 00" an arc dIstance of 290.42 feet; Thence S 380 56' 39" W a distance of 893.13 feet, to the begmnmg of a 960 00 foot tangent curve, concave to the Northwest; Thence Southwesterly, along satd curve, through a central angle of 510 15' 17" an arc dIstance of 858.78 feet, Thence N 890 48' 04" W a dIstance of 547.94 feet, to the begmnlng of a 760.00 foot tangent curve, concave to the Northeast; Thence Northwesterly, along saId curve, through a central angle of 630 09' 08" an arc dIstance of 837.68 feet; Thence N 26038' 56" a distance of 389.91 feet, to the begmnlng of a 840.00 tangent curve, concave to the Southwest: Thence Northwesterly, along satd curve, through a central angle of 28" 10' 05" an arc distance of 412.97 feet; Thence N 000 11' 45" E a distance of 1849.74 feet; Thence S 890 48' 15" E a dIstance of 20.00 feet; Thence N 000 30' 22" E a distance of 183.97 feet; Thence S 890 48' 15" E a dIstance of 123 15 feet; Thence N 890 48' 15" W a dIstance of 130.00 feet; Thence N 000 ))' 45" E a D IWPSIIRI!SOIGPA9S-IA PCRILWI08-09-9S Pla"",ng CommIssIon ResolutIOn 95-14 August 9, 1995 dIstance of 285.13 feet; Thence S 890 48' 05" E a dIstance of 214.97 feet; Thence N 000 12' 22" E a dIstance of 168.28 feet; Thence S 890 48' 09" E a dIstance of 1045.65 feet; Thence S 000 11' 35" W a dIstance of 1320.09 feet; Parcel B, consisting of C-2 South of Lampson Avenue, east of Seal Beach Boulevard: All that certain real property sItuated m the CIty of Seal Beach, County of Orange, State of Callforma, bemg a portion of SectJon 31, m TownshIp 4 South, Range 11 West, San Bernardino Base and Mendlan. BeginnIng at the Southwest comer of the Southeast Quarter of the Northeast Quarter of satd SectJon 31; Thence S 270 57' 06" Wa dIstance of 2067 08 feet to the TRUE POINT OF BEGINNING; Thence S 650 50' 21" W a dIstance of 627 52 feet; Thence N 570 01' 00" W a dIstance of 69.20 feet; Thence N 530 18' 39" W a distance of 103 00 feet, to the begmmng of a 78.00 foot tangent curve, concave to the East; Thence Northerly, along satd curve, through a central angle of 900 00' 00" an arc dIstance of 122.52 feet, Thence N 36041' 21" E a dIstance of 310 30 feet, to the begmmng of a 1260 00 foot tangent curve, concave to the Northwest; Thence Northeasterly, along satd curve, through a central angle of 140 14' 40" an arc dIstance of 313.25 feet, to the begmnmg of a 45 00 foot non-tangent curve, concave to the South, a radtal to satd begmmng bears N 670 33' 18" W; Thence Easterly, along satd curve, through a central angle of 106052' 33" an arc dIstance of 83.94 feet, to the begmmng of a 760.00 foot compound curve, concave to the Southwest, a radial to saId begmnIng bears N 390 19' 15" E; Thence Southeasterly, along said curve, through a central angle of 240 01' 49" an arc dIstance of 318.75 feet; Thence S 260 38' 56" E a dIstance of 271.51 feet to the TRUE POINT OF BEGINNING. Parcel C, consIsting of R-G South of Lampson Avenue, east of Seal Beach Boulevard' All that certam real property SItuated m the CIty of Seal Beach, County of Orange, State of Callforma, bemg a portion of SectJon 31, in Township 4 South, Range 11 West, San Bernardino Base and Mendlan Begmnlng at the Southwest comer of the Southeast Quarter of the Northeast Quarter of satd Section 31; Thence S 270 57' 06" Wa distance of 2067.08 feet to the TRUE POINT OF BEGINNING; Thence S 260 38' 55" E a dIstance of 118.40 feet, to the begmmng of a 840.00 foot tangent curve, concave to the Northeast; Thence Southeasterly, along said curve, through a central angle of 63009' 08" an arc dIstance of 925.86 feet; Thence N 890 48' 04" W a dIstance of 461 36 feet; Thence N 840 55' 33" W a dIstance of 439.80 feet, to the begmmng of a 35000 foot tangent curve, concave to the North; Thence Westerly, along satd curve, through a central angle of 320 43' 33" an arc dIstance of 199.91 feet, Thence N 520 12' 00" W a dIstance of 46.77 feet; Thence S 000 11' 27" W a dIstance of 12.62 feet; Thence N 520 12' 01" Wa distance of 190 45 feet, Thence N 570 01' 00" W a distance of 122.83 feet, Thence N 65050' 21" E a dIstance of 627.52 feet to the TRUE POINT OF BEGINNING D IWPSIIRESO\OPA9S-IA PCRILW\OIl-O!I-9S 2 Planmng Commzsnon Resolunon 95-14 August 9, 1995 Parcel D, consisting of proposed RHO, east of Seal Beach Boulevard: All that certam real property sItuated in the City of Seal Beach, County of Orange, State of CalIfornIa, beIng a portton of SectIon 31, in Township 4 South, Range 11 West, San Bemardmo Base and Mendian. BegInning at the Southwest corner of the Southeast Quarter of the Northeast Quarter of satd Section 31; Thence N 00. 11' 35" E a dIStance of 990 09 feet to the TRUE POINT OF BEGINNING; Thence N 89. 48' 09" W a dIstance of 1260.66 feet; Thence N 00. 11' 35" E a dIStance of 161.72 feet; Thence S 89. 48' 05" E a dIstance of 214.97 feet; Thence N 00. 12' 22" E a dIStance of 168.28 feet; Thence S 89. 48' 09" E a dIstance of 1045.65 feet; Thence S 00. 11' 35" W a dIstance of 330 00 feet to the TRUE POINT OF BEGINNING. SectIon 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~~ II C and ill of the City's Local CEQA GUldeltnes, staff prepared an InitIal Study and a Draft EnvIronmental Impact Report, which was CIrculated for publtc revIew and comment from November 9, 1994 to December 27, 1994, in complIance WIth the proviSIOns of the Caltfornlll Environmental QualIty Act and the CIty's Local CEQA GUIdelines Upon completIon of the publtc review period, a Fmal EnVIronmental Impact Report was revIewed by the Planmng CommIssIon at publtc hearings held on June 7, 14,21, and 28, 1995. Section 3. A duly notIced publtc heanng was held before the Plannmg CommIssIon on June 7, 1995 and contInued to June 14, 21, and 28, 1995 to conSIder the appltcatlon. At the publtc heanng, Appltcant's consultants and representatIves, mc1udmg Appltcant's legal counsel, and several other persons spoke m favor of the request Numerous resIdents spoke m opposItion to the requests. SectIon 4. The record of the hearings mdicates the followmg: (a) Appltcant seeks to develop 98 detached smgle-famtly reSIdences, 100-125 multIple famIly residences, a redesIgned and reconfigured 18 hole golf course, a 180- room hotel, 30,000 square feet of restaurant space, 35,500 square feet of office space, and 30,000 square feet of retatl space. (b) The subject property IS compnsed of seven (7) parcels, compnsmg a total of approxImately 212 acres Presently, approxImately 197 acres IS deSIgnated for "Golf Course" and approxImately 15 acres for "CommercIal - General" m the General Plan The subJect property is located on the easterly SIde of Seal Beach Boulevard between the 1-405 Freeway and the Los Alarmtos Armed Forces Reserve Center. ApproXImately 13.56 acres IS located adJacent to Seal Beach Boulevard, south of Lampson Avenue, WIth the remammg 199 acres located north of Lampson Avenue. (c) The surroundmg land uses and zonmg are as follows NORTH In the CIty of Los Alamltos, the Los Alarmtos Armed Forces Reserve Center, zoned Commumty FacllttIes (CF), smgle famIly residences, zoned Single-Farmly (R-l), and a servtce statIon m the CIty of Seal Beach, zoned C-2, General Commerctal. SOUTH Single famtly dwelltngs and MultIple famtly dwellmgs, located m the ReSIdentIal Low DenSIty (RLD) zone and ResidentIal Medmm DenSIty (RMD) zone (College Park East neighborhood). Private tennis club located m the C-2, General CommercIal zone. 1-405 Freeway, WIth the Seal Beach Naval Weapons StatIon located south of the 1-405 Freeway m the Publtc Land Use (pLU) zone D IWPSIIRESO\(JPA9S-IA PCRILW\08.09-9S 3 P/Q1I1lIIII/ ComnussIon Reso/lIIlon 95-14 August 9, 1995 WEST A mixture of commercIal and residentJ.a1 uses located along Seal Beach Boulevard in the General CommercIal zone (C-2) and R-I zone (Rossmoor commumty). EAST Single family dwellmgs and Multiple family dwellings, located m the ResidentJ.a1 Low DenSIty (RLD) zone and ReSJdentJ.a1 MedIUm DensIty (RMD) zone (College Park East neIghborhood). (d) The Planmng CommiSSIOn has recommended, through the adoptJ.on of Plannmg CommissIon Resolution No. 95-13 that the CIty Council find the BIxby Old Ranch Development Plan Fmal Envrronmental Impact Report (EIR) to be mlmmally legally adequate Said ResolutJ.on is hereby mcorporated herem by reference. (e) The BIxby Old Ranch Development Plan EIR represents the mdependent Judgment of the CIty of Seal Beach. SectJ.on 5. Based upon substantial eVIdence in the record of the Planmng CommiSSIon heanngs regardmg the applicatJ.on, mc1udmg the facts stated in ~ 4 of thIS resolutJ.on, and in the enVIronmental documentatJ.on prepared m conJunctJ.on with thIS proJect, and pursuant to ~~ 28-2600 and 28-2602 of the CIty'S Code, the Planning Commission hereby fmds that General Plan Amendments 95-1A and 95-1B WIll be detnmental to the short term and long term land use goals of the CIty of Seal Beach. The Planning Commission further finds that approval of the subJect applIcatJ.ons WIll not promote the public health, safety and welfare Therefore, the Planmng CommIssion finds that the requested amendments to the General Plan of the CIty of Seal Beach WIll not be m the publtc mterest, and makes the follOWIng findmgs of fact. (a) The proposed project WIll create a slgmficant mcrease m the number of reSIdences m the CIty of Seal Beach, with a correspondmg mcrease m population at least as large as the growth identJ.fied m the EIR. (b) Publtc schools in the community are crowded under eXIsting condltJ.ons. The additional growth m number of students generated by the proposed proJect, as IdentJ.fied m the record of these heanngs, wtll only further mtensify those future demands. Although the proJect proponent would be requrred to proVIde certam revenues to the school dIStrict, the public health, safety and welfare will not be advanced by mcreasmg demands on publIc school factlIties. (c) ExIsting traffic m the area is already congested. Cumulative traffic impacts from other approved proJects m the regIon will further exacerbate the sltuatJ.on The addltJ.onal traffic generated by the proposed project WIll only further mtenslfy those future demands. It IS doubtful that each of the mltJ.gatlon measures proposed to mitJ.gate the traffic Impacts ansmg from this proJect IS feaSIble. In addItion, the methodologIes used to quantJ.tatively calculate the traffic Impacts are national standards WhICh may not fully reflect actual condItions in Orange County. (d) The proposed proJect wtll expose future reSIdents to potentJ.a1ly Slgmficant and obJectionable levels of noise. The EIR and testimony at the heanng mdlcates that, after mitigatIon measures are applted, portions of the proposed proJect WIll be exposed to cumulative nOise from atrcraft actlvitJ.es at the Los Alamltos Armed Forces Reserve Center combmed WIth traffic noise from surrounding streets that WIll exceed an average nOise level of 65 CNEL. In addition smgle event nOise occurrences generated by the Los Alamitos Armed Forces Reserve Center will penodlcally expose potential reSIdents to nOise levels m excess of 100 db. The exposure of new resIdents to such levels of nOIse would not promote the publtc health, safety and welfare. Further, the short term and long term land use goals of the CIty, as set forth in the existing General Plan, are to duect new reSIdential development m the CIty away from areas whIch pose the nsk of prolonged exposure to potentJ.a1 health nsks and annoyances such as excesSIve nOise. D IWPSIlRESOIOPA9S-IA PCRILWI08-09-9S 4 Plonmllg ComnusSJon ResolllllOll 95-14 August 9, 1995 (e) The Los Alamitos Armed Forces Reserve Center IS an important local asset. It would not be m the publIc mterest to permit development adJacent to the base whIch mIght pose confhcts WIth Its mIssIon. Even If prospective buyers of the proposed reSIdences were provided notice of the potential for obJectionable nOise, these extreme nOise levels make it likely that future reSIdents of the proposed proJect would complam to the operators of the airfield about excessIve nOise The Disaster Support ActiVIties of the Los Alamltos Armed Forces Reserve Center, actiVIties which promote the pubhc health, safety and welfare, should not be compromised by locating new resIdential areas withm close proxImIty to the fhght paths of the Los A1amitos Armed Forces Reserve Center. (f) The apphcation and ElR defer detatled soils and geology analYSIS until after approval of the requested General Plan Amendments. Absent more detatled analySIs, the CommIssIon was unable to determme whether the property IS geologically SUitable for the proposed proJect (g) The apphcation does not proVide clear-cut development time schedules, particularly WIth regard to the constructlon of the necessary publIc facilities and mfrastructure Approval of thIS proJect despIte substantial uncertatnty as to the tumng of Important mitigation measures is not m the publIc mterest. (h) There is substantial evidence m the record winch mdicates conclUSIvely that approval of the applIcation would have slgmficant adverse Impacts on the environment in the CIty of Seal Beach The ElR Identifies four enVIronmental Impacts whIch are SIgnificant and unavoidable even after the ImpoSItion of all feaSIble mItigation measures In addItion to the nOise impacts identified above, the project would convert prime agnculturalland to resIdential uses, thereby contnbutlng to the urbanization of the area Accordmg to the ElR, such an adverse Impact IS sigmficant and unaVOidable. LikeWise, project operational emISSions would have a SIgnificant, unaVOidable adverse Impact upon arr qualIty. Approval of the applIcation would therefore not be m the publIc interest, and would not promote the pubhc health, safety and welfare m that the proposed proJect would senously degrade the qualIty of the enVlfOnment and the quality of lIfe m the commumty. SectIon 6. Based on the foregoing, the Planmng CommIssIon hereby recommends that the CIty CounCIl deny General Plan Amendments 95-1A and 95-lB. Section 7. Because the Planning CommiSSIon recommends denial of the subJect applIcation for a General Plan amendment, no formal action regardmg the request for Zone Change 95-1 and Vesting Tentative Tract No. 14465 was taken, as those requests are mconsistent With the recommendations of the Planning CommISSIon regardmg the subJect General Plan Amendments. Zone Change 95-1 and Vesting Tentattve Tract No 14465 are inconSIstent with the General Plan, and thus cannot be approved WIthOUt the requested amendments to the General Plan. PASSED, APPROVED AND ADOPTED by the Plannmg CommIssIon of the City of Seal Beach at a meeting thereof held on the 9th day of August, 1995, by the followmg vote: AYES: Commissioners Brown. CamDbell and Dahlman NOES: CommISSioners Law and Sh;u:p ABSENT: Comtnlssloners D IWPSIIIlESOIOPA9S-IA PCRILWIOIl-09-9S 5 tenberg, Secretary Plannmg COmmISSIOn D IWPSIIRBSOIOPA95-IA PCRILWI08-O'J..9S Plannlllg CommisSIon Resolullon 95-14 August 9, 1995 VJ~4f)J ~_ Patnclll E. Campbell, Chairm Planning ComlIDsslon 6