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Home My WebLink AboutPC Res 99-26 - 1999-08-04 RESOLUTION NUMBER 99-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING SITE PLAN REVIEW NO. 98-1, REVISION # 2, APPROVING THE SITE PLAN FOR A 286,967 SQUARE FOOT COMMERCIAL SHOPPING CENTER, INCLUDING A 10,000 SQUARE FOOT OUTDOOR GARDEN CENTER, WITH PARKING, LANDSCAPING AND OTHER ANCILLARY FACILITIES ON PROPERTY LOCATED AT THE NORTHEAST CORNER OF SEAL BEACH BOULEVARD AND ST. CLOUD DRIVE (BIXBY OLD RANCH TOWNE CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. Kitchell Development Company (the "Applicant") filed an application With the DepartInent of Development Services for a revised site plan to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center Site. The proposed site plan depicts 286,967 square feet of retail commercial floor area separated into numerous bUlldmg pads, and other ancillary facilities, including an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces and landscaping. Section 2. Pursuant to 14 CalIf. Code of Regs. ~ 15305 and ~ 1I.B of the City's Local CEQA Guidelines, the PlannIng Commission determines as follows: The application for Site Plan Review (SPR) 98-1, RevlSlon # 2, for the proposed 26-acre shopping center is wltrun the scope of the project analyzed in the Bixby Old Ranch Towne Center Environmental Impact Report (the "EIR"), certified by the City Council on November 23, 1998, through the adoption of City Council Resolution No. 4660. Said resolution and the Findings and Statement of Overriding Considerations are incorporated herein by reference. During the hearing, no new information was brought forward that would require recirculation of any previously certified environmental document pursuant to CEQA Guidelines Section 15088.5, or subsequent or supplemental enviromnental review pursuant to CEQA Guidelines Sections 15162 and 15163. Section 3. A duly noticed publIc meeting was held before the PlannIng Commission on August 4, 1999, to consider the application for SPR 98-1, Revision # 2. Section 4. The record of the hearing of August 4, 1999 indicates the following: (a) Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for approval of a revised site plan to develop the Bixby Old Ranch Towne Center 26-acre commercial shoppmg center site located at the northeast comer of Seal Beach Boulevard and St. Cloud. (b) The proposed site plan depicts 286,967 square feet of retail commercial floor area separated into numerous building pads, which includes an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, apprOXimately 1,564 parking spaces and landscapmg. (c) Area A is located north of St. Cloud Dnve on the east side of Seal Beach Boulevard. The property has approximately 1,307 feet of frontage on Seal Beach Boulevard, and is approximately 975 feet in depth. (d) Surrounding land uses and zoning are as follows: NORTH Bixby Village residential development in the Residential MedIUm Density (RMD) Zone. SOUTH Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. EAST Bixby Village residential development in the Residential Medium Density (RMD) Zone and Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone. WEST across Seal Beach Boulevard, in the General Commercial (C-2) zone is the Rossmoor Center shopping center development, in the City of Seal Beach. (e) The site plan is consistent With the General Plan, which designated the property for commercial uses. (f) The "Mitigation Monitoring Program" adopted in connection with the EIR establishes a number of specific action measures which have been proposed to reduce the identified environmental impacts to a level of mSlgnificance in relation to the project. To further mitigate potential enviromnental impacts, and to respond to concerns raised by the public, both the project and the subject site plan were revised by the City Council, Inter alia, as follows: . The proposed shoppmg center has been shifted northward, north of St Cloud, to preserve more eucalyptus trees and to reduce "cut through" traffic through the community of Rossmoor; . The proposed church use to the north has been replaced with 75 residential homes, to reduce traffic, noise and congestion; and . A proposed gas station mini-market use on a one-acre site that was initially proposed for the commercial shoppmg center has been eliminated and is no longer part of the project. (g) The proposed shoppmg center site plan, as revised, complies with all City standards regarding nunimum lot size, building setbacks, lot coverage, building height (except for those architectural features requiring height variation approval), landscaping, and parking requirements. (h) Required adherence to applicable building and fire codes, along with those mitigation measures related to utilities and water, will ensure there will be adequate water supply and utilIties for the proposed use. Section 5. Based upon the facts contamed in the record, including those stated in ~4 of this resolution and pursuant to the City Code, the Planning Commission makes the following findings: (a) Site Plan Review 98-1 Revision # 2, is consistent with the provisions of the Land Use Element of the City's General Plan, as amended by the City Council in 1998, which provides a "general commercial" designation for the subJect property and permits the proposed shopping center subject to approval of a "Site Plan Review", and the issuance of other appropnate discretionary land use entitlements (e.g., conditional use permits, height variations, planned sign program, etc.). The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements were also amended by the City Council to be consistent with, and reflected in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. (b) The proposed style, height and bulk of the proposed shopping center is consistent with surrounding commercial uses, which include an eXisting shopping center in the same zoning area as the subject property, directly across Seal Beach Boulevard. Similar development standards regarding bUilding height and landscaping will apply to any future development in the adjacent shopping center. As approved by the City Council, there are sufficient mitigation measures adopted by the City Council to ensure compatibility with adjoining land uses. The subject shopping center development and the site proposed for development exceeds all standard development requirements of the City related to lot size, setbacks, lot coverage, building height (except for those architectural features previously approved for height variations or variances), off-street parking, and landscaping. Therefore, the site is adequate in size, shape, topography and location to meet the needs of the proposed use of the property. (c) Subject to the proposed conditions of approval, the proposed use of the property as a shopping center as approved herein will be compatible with surroundmg uses and will not be detrimental to the surrounding neighborhood. As the shopping center IS suffiCiently screened from adjoining uses by landscaping and the adJoinmg uses are a golf course and residential development, with another shoppmg center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at thiS time that would be m addition to those Imposed by the Environmental Impact Report. Section 6. Any prior versions of a Site plan for the subject property superseded by Site Plan Review 98-1 Revision # 2. The Site Plan prepared by Nadel Architects, Inc., dated July 26, 1999 is hereby approved. Planning Comnussion Resolution No. 99-11, approving Revised Site Plan Review 98-1 is hereby repealed. Section 7. Based upon the foregoing, the Planmng Commission hereby approves Site Plan Review 98-1, Revision # 2, subject to the following conditions: 1. Site Plan Review 98-1, ReVlSlon # 2, is approved for a maximum of 286,967 square feet of retail commercial floor area separated into numerous building pads, including an outdoor nursery service area of approximately 10,000 square feet attached to one of those retail sites, approximately 1,564 parking spaces, and landscaping on property located on the east side of Seal Beach Boulevard, north of St. Cloud Drive, at Bixby Old Ranch Towne Center (Tentative Tract Map No. 15767), as set forth on the "Site Plan", prepared by Nadel Architects Inc., dated July 21, 1999. 2. The applicant shall comply with the provisions of the applicable Mitigation Measures as adopted by the City Council in certifying the Bixby Old Ranch Towne Center EIR. 3. ThIS Site Plan ReView shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed by the applicant in the presence of the Director of Development Services, or notarized and returned to the Planning Department; and until the ten (l0) day appeal period has elapsed. 4. A modification of this Site Plan Review shall be obtained when: o The shopping center proposes to modify any of its current conditions of approval. o There IS a substantial change in the mode or character of operations of the shoppmg center. 5. The Planning Commission reserves the right to revoke or modify this Site Plan Review If any violation of the approved conditions occurs, any violation of the Code of the City of Seal Beach, occurs, or for those reasons specified by Article 28, and in the manner specified in Article 25, of Chapter 28 of the Code of the City of Seal Beach. 6. In the event staff determines that security problems exist on the Site, the conditions of this Site Plan Review may be amended, under the procedures of the Code of the City of Seal Beach, to require the provision of additional security measures. 7. All business establishments shall have a public telephone listing. 8. All business establishments shall comply with Section 13D, "Noise Control" of the Code of the City of Seal Beach as the regulations of that Chapter now exist or may hereafter be amended. Should complaints be received regarding noise generated by a business establishment, the Planning Commission reserves the right to schedule this permit for reconsideration and may require the applicantlbusiness operator to mitigate the noise level to comply With the provisions of Chapter 13D. 9. Litter and trash receptacles shall be located at convenient locations inside and outside all business establishments. Operators of such business establishments shall remove trash and debns on an appropriate basis so as not to cause health problems. There shall be no dumping of trash and/or glass bottles outside any business establishment between the hours of 10:00 p.m. and 7:00 a.m. 10. The Planning Commission reserves the right to revoke or modify this Site Plan Review pursuant to Articles 25 and 28 of The Code of the City of Seal Beach if harm or retail-related problems are demonstrated to occur as a result of criminal or anti-social behavior, including but not lImited to the congregation of minors, violence, publIc drunkenness, vandalism, solicitation and/or litter. 11. Property line walls adjacent to the proposed residentiaVpark development adjoining the subject property to the north and east shall have a minimum 8-foot solid masonry or concrete block wall provided. Said wall may not exceed 10 feet m height. 12. Loading dock areas shall not be utilized between the hours of 2:00 a.m. and 6:00 a.m. prior to the Issuance of a Certificate of Occupancy for the first residential unit as identified as Development Area D in the Bixby Old Ranch Towne Center EIR, and between 10:00 p.m. and 6:00 a.m. thereafter. 13. This Site Plan Review shall become null and void unless exercised within one (1) year of the date of fmal approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the DepartInent of Development Services a minimum of nInety (90) days prior to such expiration date. PASSED, APPROVED AND ADOPTED by the PlannIng Commission of the City of Seal Beach at a meeting thereof held on the 4th day of August ,1999, by the following vote: AYES: CommiSSIOners BROWN, LARSON, AND LYON NOES: Commissioners NONE ABSENT: Commissioners CUTULI ABSTAIN' CommissIOners HOOD "nme . B--Ih Chairman of the Planning Commission