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HomeMy WebLinkAboutPC Res 99-11 - 1999-04-21 . . f RESOLUTION NUMBER 99-11 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING REVISED SITE PLAN REVIEW NO. 98-1, APPROVING THE SITE PLAN FOR A 286,967 SQUARE FOOT COMMERCIAL SHOPPING 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 On April ]3, 1999, Kitchell Development Company (the "Applicant") filed an application with the Department 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 building pads, and other ancillary facilities such as an outdoor nursery service area of approximately 28,100 squ~ feet attached to one of those retail sites, approximately 1,411 parking spaces and landscaping Section 2 Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II B of the City's Local CEQA Guidelines, the Planning Commission determines as follows The application for Revised Site Plan Review (SPR) 98-1 for the proposed 26-acre shopping center is Within 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 Ovemding 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 environmental review pursuant to CEQA Guidelines Sections 15162 and 15163 The environmental impacts arising from the changes in square footage attributable to the outdoor nursery are insignificant. As noted in the supplemental report dated April 21, 1999, prepared by the City's traffic consultant, there is no significant adverse impact in the level of service or ]CU value at any key intersection: Indeed, the level of service at the intersection of Bloomfield and Katella in the City of Los Alamitos has been slightly improved by changes made to the origmal project described in the EIR Section 3. A duly noticed public hearing was held before the Planning Commission on April 21, 1999, to consider the application for revised SPR 98-1 At the hearing the applicant spoke in favor of the request, with other persons appearing both in favor of and in opposition to the request. Section 4. The record of the hearing of April 21, 1999 indicates the following. (a) On April 13, 1999, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for approval ofa revised site plan to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site located at the northeast corner of Seal Beach Boulevard and St Cloud (b) The pr:oposed site plan depicts 286,967 square feet of retail commercial floor area separated into numerous building pads, and other ancillary facilities such as outdoor nursery service area of approximately 28, 100 square feet attached to one of those retail sites, approximately 1,411 parking spaces and landscaping c \My DoeumentslRESOISPR 98-1 RevlsUlII PC Reoo docILW\04-22-99 . . Plallntng CommtSSlOn ResolutIOn 99-11 S.te Plan Rev..... 98-1 RevISIon Bl:rby Old Ranch TowlIe Center Apr.12l, 1999 (c) The subject property contains approximately 25.29 acres of net useable area and is located north of St. Cloud Drive 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 insignificance in relation to the project To further mitigate potential environmental 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 aba, as follows . The proposed shopping center has been shifted northward, north of St Cloud, to preserve more eucalyptus trees and to reduce "cut through" traffic through the community of Ross moor; . 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 shopping center has been eliminated and is no longer part of the project. (g) The proposed shopping center site plan, as revised, complies with all City standards regarding minimum 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 contained 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) Revised Site Plan Review 98-1 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 SPR 98-1 Rev1sIon PC Reoo 2 . . I Planllmg COmmlSstOll Resolutloll 99-11 SIte Plan Revtew 98-1 RevISion BIXby Old Rallch Towne Cellter April 21, 1999 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 appropriate 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 surrounding uses and will not be detrimental to the surrounding neighborhood. As the shopping center is sufficiently screened from adjoining uses by landscaping and the adjoining uses are a golf course and residential development, with another shopping center located across Seal Beach Boulevard, staff is not recommending any specific noise related conditions at this time that would be in addition to those imposed by the Environmental Impact Report Section 6 Any prior versions of a site plan for the subject property superseded by Revised Site Plan Review 98-1 Planning Commission Resolution No 98-44, approving Site Plan Review 98-1 is hereby repealed Section 7. Based upon the foregoing, the Planning Commission hereby approves Revised Site Plan Review 98-1, subject to the following conditions. 1. Revised SPR 98-1 is approved for a maximum of 286,967 square feet of retail commercial floor area separated into numerous building pads, an outdoor nursery service area of approximately 28, I 00 square feet attached to one of those retail sites, approximately 1411 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 4-15-99. 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 (10) day appeal period has elapsed 4. A modification of this Site Plan Review shall be obtained when: 5 The shopping center proposes to modifY any of its current conditions of approval 6. There is a substantial change in the mode or character of operations of the shopping center. SPR 98-1 RlMSIon PC Rosa 3 . . Plannmg CommISSIOn ResolutIOn 99-1/ Site Plan RevIew 98-1 RevISton BIxby Old Ranch Towne Cellter Api'll 21, /999 7. 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. 8. 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. 9 All business establishments shall have a public telephone listing 10 All business establishments shall comply with Section 13D, ''Noise Conlrol" 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 applicant/business operator to mitigate the noise level to comply with the provisions of Chapter 13D. 11. 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 debris 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 am 12 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. 13 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 in height 14. Loading dock areas shall not be utilized between the hours of 2'00 a m and 600 am prior to the issuance ofa 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. 15. This Site Plan Review shall become null and void unless exercised within one (1) year of the date of final approval, or such extension of time as may be granted by the Planning Commission pursuant to a written request for extension submitted to the Department 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 21" day of April , 1999, by the following vote CUTULI, LARSON, LYON AND CHAIRMAN BROWN AYES: Commissione~ NOES' Commissioners NONE ABSTAIN Commissioners HOOD SPR 98-1 ReYISIOII PC Reoo 4 . Whittenberg Secretary of the Planning Commi SPR 98-1 RcvISI... PC Rcso . Plannrng Commlsston Resolutton 99-11 Stte Plall RevIew 98-1 RevlSton BIxby Old Ranch TowlIe Center Aprl/2l. 1999 ~2~ Chairman of the Planning Commission 5