Measure M: Ordinance change - Orange County, CA

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LEAGUE OF WOMEN VOTERS

Orange County, CA

March 7, 2000 Election

Measure M
Ordinance change
City of Seal Beach

See Also: Index of all Measures

Information shown below: Summary | Yes/No Meaning | Impartial Analysis | Arguments | Full Text

Summary:

An Ordinance of the City of Seal Beach re-adopting zone change 98-1(Development Areas "A" and "B") and adopting the Old Ranch Towne Center Development Plan Overlay (Bixby Old Ranch Towne Center)

A YES vote of this measure means:: Is in favor of repealing portions of Ordinance No.1437-A
A NO vote of this measure means:: Is in favor of the ordinance taking effect as adopted by the City Council.

Impartial Analysis from Quinn M. Barrow, City Attorney

Ballot Measure M is a referendum to repeal l portions of Ordinance 1437-A which changed the zoning of two parcels of property (the "subject properties") in the City to commercial for a retail/commercial center, hotel, two restaurants and senior care facilities. In November, 1998, and again in August, 1999, after public hearings before the Archaeological Advisory Committee, Environmental Quality Control Board, the Planning Commission and the City Council, the City Council certified and Environmental Impact Report and by a 4-1 vote, approved the Old Ranch Towne Center, a comprehensive mixed use development plan which includes commercial, residential, recreational golf, senior care, parks and public facilities uses in five separate development areas. The referendum applies only to the commercial zoning established by Ordinance No. 1437-A. The subject properties are located on the easterly side of Seal Beach Boulevard, both north and south of Lampson Avenue. Under the City's General Plan, the subject properties are presently designated for General Commercial use, which allows retail, hotel, restaurants, senior care facilities and similar commercial uses on the properties. The referendum will have no effect on the commercial designations set forth in the General Plan. However, if the referendum is successful, portions of Ordinance 1437-A will be repealed and the zoning will revert to the subject properties prior zoning, which was Recreational Golf, in part and General Commercial in part. Thus, the zoning of the subject properties that would revert to Recreational Golf zoning if the referendum passes, will be inconsistent with the General Plan's land use of General Commercial. The City Council cannot enact the same portions of the ordinance that are subject to this referendum for a period of one year after the election if the referendum passes.

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Arguments For Measure M

Arguments Against Measure M

This referendum overturns a zoning change made to benefit the Bixby Ranch Company. Greedy city officials hatched the plan in private and arrogantly approved it, despite overwhelming public opposition. They "thumbed their noses" at the public, a terrible precedent. The financial windfall goes to Bixby, but the costs falls upon the residents. That's why 2,300 of your neighbors signed this referendum.

Bixby's rezoning permits a huge commercial center to be built on historically golf course land. Bixby has paid only minimal taxes on this land for decades.Despite thousands of objections, Bixby insisted on the new zoning which will reduce the "quality of life" and lessen home values in Seal Beach, Rossmoor, and Los Alamitos. Your "YES" vote will: Prohibit building a massive shopping center and restore the land to its original recreation golf zoning.

Stop thousands of cars and delivery trucks from being jammed onto already congested streets. Gridlock at the Seal Beach Blvd. Bottleneck will require road-widening and removal of the remaining eucalyptus trees.

Reduce traffic congestion on the only north-south artery available to hospital-bound emergency vehicles and to our children going to school.

Prevent sacrificing open space views along Seal Beach Blvd.for acres of parking lots.

Halt further air pollution and noise which already exceed EPA standards.

Protect thousands of shoppers from the risk of being at the end of an active military runway.

Block an unwanted and unneeded shopping center directly across from the Rossmoor Center. Instead, we should encourage completion of Rossmoor Center's plans to remodel and upgrade.

Send a message to city officials that the wishes of the public should not be disregarded and they should focus on spending the public's money wisely, not seeking more backroom deals.

Citizens Against Excessive Traffic urges a "YES" vote. Phillip K. Fife Arden W. Yeam Clifton Mayer Stanley G. Anderson, Jr.

Rebuttal to Arguments For

The Old Ranch Towne Center master plan is about carefully coordinated planning that provided financing to widen the Seal Beach Boulevard bridge, controls traffic congestion, and provided increased flood protection and qality retail. If Measure M is approved, it kills the plan and the only sure chance of building A wider,safer bridge.Measure M is not a question of more growth versus slow growth; approving it means only that development will occur in a piecemeal manner, creating more traffic congestion. Development is inevitable in the area. The master plan guarantees strict standards that residents want and need Measure M actually kills those standards and paves the way for more uncontrolled growth. The Old Ranch Towne Center plan was developed with extensive public input and supported by four City Council members. It would:

Raise money earmarked for widening Seal Beach Boulevard bridge from two lanes in each direction to three.
Generate additional sales tax revenue to pay help pay for important services such as paramedics, police and fire protection, and parks and recreation.
Produce enough sales tax revenue to allow the City Council to consider reducing the utility tax.
Provide $1 million for a community center in addition to other improvements, such as a police substation, extensive landscaping, and preservatioon of eucalyptus trees.
Increase flood protection by requiring a stormwater retention basin on Old Ranch Golf Course. For a wider Seal Beach Boulevard bridge and responsible planning that preserves our quality of life, VOTE NO ON MEASURE M.

Mayor Paul Yost Former Mayor George Brown Councilman Shawn Boyd Councilman Bill Doane Councilman Paul Snow

Seal Beach residents must decide whether they want unplanned, piecemeal development that brings uncontrolled traffic congestion or responsible master planning that strictly controls traffic and includes widening the Seal Beach Boulevard bridge from two to three lanes each way. That's the choice presented by Measure M, which would invalidate key portions of the Old Ranch Towne Center Plan, a master plan developed with extensive input from local residents.

The Old Ranch Towne Center master plan would:

Provide funds for widening the Seal Beach Boulevard bridge from two to three lanes in each direction, improving traffic safety and reducing congestion that slows emergency and paramedic vehicles as well as commuters. Without the Old Ranch Towne Center's financial contribution there are insufficient funds to widen the bridge.
Generate additional sales tax revenue to help pay for paramedics, police and fire protection, as well as parks and recreation.
Allow the City Council to consider reducing the utility tax.
Provide $1 million for a community center, in addition to various community improvements, including a police substation and extensive landscaping o Seal Beach Boulevard and Lampson Avenue.
Require construction of a stormwater retention basin on the Old Ranch Golf Course to increase flood protection. Further, if Measure M is approved, the Seal Beach Boulevard bridge won't be widened and the city's main link to critical care facilities like Los Alamitos Hospital will remain snarled in traffic.

If you are for intelligent planning and controlling traffic congestion, and if you favor building a safer, wider Seal Beach Boulevard bridge, VOTE NO ON MEASURE M. Mayor Paul Yost Former Mayor George Brown Councilman Shawn Boyd Councilman Bill Doane Councilman Paul Snow

Rebuttal to Arguments Against

Notice: No private citizen signed the arguments against the referendum! Instead, we have only politicians, the same ones who voted for Bixby's project. These Councilmen claim to have listened to the people. That's not true! Bixby's project was decided in closed session (July 1997), before public input. Even the commercial footage (exactly 286,967')was predetermined. When the public finally got the opportunity to speak in opposition, it was too late. Arrogant Councilmen had already decided to side with Bixby against citizens. Result? Democracy and hundreds of trees were sacrificed.

Councilmen say they're concerned about traffic. Not true! Commercial development causes traffic congestion.Stop unnecessary commercial development and you stop traffic congestion.

The bottleneck is not the bridge, it's the surrounding intersections! Adding Bixby's commercial traffic makes these intersections worse. Don't allow people to die in ambulances while stuck in Bixby's traffic.(Councilmen didn't tell you Caltrans plans to widen with or without Bixby's project.)

Councilmen say they want to avoid piecemeal development. They're misleading you again! Piecemeal development is impossible. Bixby has only one small commercial parcel left (old ARCO site.)

Councilmen have overestimated revenues and underestimated costs. They deliberately try to divert your attention to non-issues (pharmacies, police, fire protection, recreation, stormwater basin, community center.) This is a smokescreen to avoid traffic problems! Who are they fooling? Even the Planing Commission voted against this sweetheart deal for Bixby. It's not intelligent planning. It's a bad plan. You can stop it. Vote YES on Measure M. Phillip K. Fife Arden W. Yeam Clifton Mayer Stanley G. Anderson, Jr.

Text for Measure M

The City Council of the City of Seal Beach does ordain as follows: Section 1. After a duly noticed public hearing to consider,inter alia,Zone Change 98-1, the Planning Commission recommended denial of General Plan Amendment 98-1, and did not therefore make a recommendation to the City Council regarding Zone Change 98-1. On November 23,1998, after conducting duly noticed public hearings, the City of Seal Beach adopted City Council Resolution No. 4660, certifying the Final Environmental Impact Report and adopting a statement of overriding considerations for the Old Ranch Towne Center project. Thereafter, the Council adopted Ordinance No. 1437, amending the Zoning Ordinance and Zoning map of the City of Seal Beach to change the zoning of the subject property designated as Development Areas "A" and "B", as more particularly depicted in the maps attached hereto as Exhibit "A".(See Sample Ballot for maps.)On August 3, 1999, the Orange County Superior Court issued a writ in the matter of the City of Los Alamitos, et al.v. City of Seal Beach ordering the City to vacate Resolution 4660 and any approvals relying on the final EIR. On August 16,1999, the City Council adopted Resolution No.4726 , vacating Resolution 4660 and any approvals relying on the Final EIR, subject to and pending further Court order. Section 2. 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 Zoning amendments,including this amendment. 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 November17,1998, the City Council adopted City Council Resolution No.4660, certifying the Final ER and adopting a statement of overriding considerations. On August23,1999, 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 this ordinance is 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. Section 3. The Council held properly noticed public hearings regarding Ordinance No.1437 on November 9 and November 17,1998. The City Council held another public hearing on August 23, 1999 to reconsider adopting Ordinance No.1437 pursuant to the August 3,writ issued by the Orange County Superior Court. Section 4. Based upon the foregoing, the City Council hereby finds, inter alia:

(a)Based upon substantial evidence in the record of the City Council

hearings regarding the application, and in the environmental documentation prepared in conjunction with this project, and pursuant to Sec. 28-2600 and 28-2602 of the City's Code , the City Council hereby finds that Zone Change 98-1 will be beneficial to the short term and long term land use goals of the City of Seal Beach. The City Council further finds that Zone Change 98-1 will promote the public health, safety and welfare. Therefore, the City Council finds that Zone Change 98-1 will be in the public interest, and makes the following findings of fact:

(b)Zone Change 98-1 will conform land uses to those set forth

within the General Plan for the subject area, and provide a comprehensive development which accomplishes the following goals of the City in achieving sustainable development on the subject property:
1. Preserves the existing golf course
2. Dedicates the Old Ranch Tennis Club to the City for recreational purposes.
3. Creates a comprehensive development program for under-utilized and vacant properties.
4. Permits development that does not interfere with the operational capabilities of the Los Alamitos Armed Forces Reserve Center.
5. Provides development that is at least fiscally neutral and, more likely, fiscally beneficial to the City.
6. Adequately mitigates project-related traffic and noise impacts.
7. Responds to concerns from the unincorporated community of Rossmoor regarding noise, light and glare, and "cut-through-traffic" impacts by prohibiting any development south of St. Cloud Drive and limiting exiting movements from the retail shopping center at St. Cloud Drive to right and left-turn movements only. Exiting the shopping center across Seal Beach Boulevard at St. Cloud Drive into the Rossmoor community will be physically prohibited. (c) The project will allow for a reasonable range of land uses on the subject property, recognizing the various site constraints discussed in the EIR, with the provision of various land uses to address the identified objectives of the City. (d) The Bixby Old Ranch Towne Center Development Plan and the necessary zoning changes will not be detrimental to the short term or long term goals or objectives of the City of Seal Beach and are in the interest of the public health, safety and welfare. The zone change set forth herein is consistent with the General Plan, as amended concurrently with this approval. (e) The establishment of a Bixby Old Ranch Towne Center Concept Plan zoning overlay will ensure that the project will be developed over time consistent with the plans approved by the City Council. Section 5. Based on the foregoing, the City Council hereby adopts Zone Change 98-1(Development Areas "A" and "B") and amends the Zoning Map of the City of Seal Beach as follows: (a) Those areas designated as Development Areas "A" and "B" in the Bixby Old Ranch Towne Center Development Plan, shall be zoned General Commercial(C-2) with an Old Ranch Towne Center Development Plan Overlay. Section 6. Based on the foregoing, the City Council hereby amends the Code of the City of Seal Beach as follows: (a) Section 28-1405 is hereby added to Article 14 of chapter 28 of the Code of the city of Seal Beach to read as follows:

"Section 28-1405. Old Ranch Towne Center Development Plan Overlay. There is established in the C-2 Zone the Old Ranch Towne Center Development Plan Overlay. All development in those portions of Planning District 6 designated as "Development Area "A" and "Development Area"B" in the Bixby Old Ranch Town Center Development Plan shall be in conformance with, and limited to, the plans, specifications and proposed uses so approved. All land uses subject to the overlay shall comply with the otherwise applicable development standards on the C-2 Zone."

PASSED, APPROVED AND ADOPTED by the City Council of the City of Seal Beach at ameeting thereof held on the 23rd day of August, 1999

AYES: Councilmembers Boyd, Doane, Snow, Yost NOES: Councilmembers Campbell

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Created: April 13, 2000 02:34
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