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Home My WebLink AboutPC Res 98-48 - 1998-12-09 , RESOLUTION NUMBER 98 - 48 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION NO. 98-5, PERMITTING THE CONSTRUCTION OF ARCHITECTURAL FEATURES IN CONJUNCTION WITH A PROPOSED 26-ACRE SHOPPING CENTER 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 October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. 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 Height Variation No 98-5 for non-habitable architectural features within the proposed 26-acre shopping center is within the scope of the project analyzed in the Bixby Old Ranch Towne Center 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 Section 3. A duly noticed public hearing was held before the Planning Commission on December 9, 1998, to consider the application for Height Variation No 98-5 At the public hearing the applicant spoke in favor of the request, with persons appearing both in favor of and in opposition to the request Section 4. the following: The record of the hearing of December 9, 1998 indicates a. On October 19, 1998, Kitchell Development Company (the "Applicant") filed an application with the Department of Development Services for various land use entitlements to develop the Bixby Old Ranch Towne Center 26-acre commercial shopping center site. b. Specifically, the applicant is proposing to construct a maximum of five (5) non-habitable architectural features in excess of the 35-foot maximum height limit, but within the allowable architectural feature height provision of 42 feet, in conjunction with a proposed 299,000 square foot commercial shopping center. c. The proposed architectural features above the permitted 35-foot height limit are as follows: . 42 feet for Lowe's Home Center (Retail' A' on Site Plan, 580 feet east of Seal Beach Boulevard) Note. This item reflects the Applicant's modification to the roof height, lowering it from 48 feet to 42 feet, and eliminating a Variance request C \My Dooum....\RESOIHV 91-' (BIxby) PCR docILWl12-1 '-91 Planning Comm,3S'otI ReaoIut.on 98 - 48 Height ValtatlOn No 98-5 Bvcby Old JlJJnch Towne Center, December 9. 1998 . 37 feet for Lowe's Home Center (Retail' A' on Site Plan, 580 feet east of Seal Beach Boulevard) . 37 feet for Retail 'B' on Site Plan, 580 feet east of Seal Beach Boulevard . 36 feet for a structure between the Retail "c" and Retail "D" structures . 40 feet for Retail 'D' on Site Plan, 580 feet east of Seal Beach Boulevard d. The Code of the City of Seal Beach The Code of the Citv of Seal Beac!!, (Code) states that no building or structure shall exceed the height limit for the district and zone in which it is located. However, Section 28-2317(4) provides for height variations for non-habitable architectural features. Specifically, Section 28-2317(4)(A) states' "Scope: Non-habltable architectural features, such as spIres, towers, cupolas, belfries, mOnuments, parapets (not reqUIred by Uniform BUIlding Code), domes and covered staIrwells to open roof decks may exceed the heIght lImit establtshed for the dlslnct In whIch such structure IS located to a maximum of seven feet (7~ if granted purmantto the procedures cOntained In this sechon. " e. The height limit for structures on the subject property which is located in the General Commercial (C-2) zone of Planning District II is 35 feet The maximum height elevation of the proposed architectural features are 42 feet. The maximum proposed height is within the seven foot (7') allowance provided for a non- habitable architectural feature under Section 28-2317(4) f. The subject shopping center 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 g The subject property is legally described as Tentative Tract Map No 15767, and is currently located in the General Commercial (C-2) zone h The entire development site is currently is developed with a small bank building, portions of the Bixby Old Ranch Golf Course, and vacant land owned by the Bixby Ranch Company. Surrounding land uses and zoning are as follows lJ North - Bixby Village residential development in the Residential Medium Density (RMD) Zone lJ South - Bixby Old Ranch Golf Course in the Recreation-Golf (R-G) Zone lJ 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 lJ 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 j The City Council has approved resolutions and adopted ordinances which approve requests by the Bixby Ranch Company for General Plan amendments, zone changes, subdivision map approvals and development agreement approvals to conform the General Plan land use designations and zoning of the subject area to conform to the proposed uses ofland set forth in this application for height variation approvals k. The "MitigatIOn Monitoring Program" establishes a number of specific action measures which have been proposed to reduce the identified HV 98-5 (Bixby) PCR 2 , Plannmg COIIlIIJI...'OII ResolutIOn 98 - 48 Herght Vanatron No 98-5 BIXby Old RDnch Towne Center, December 9, 1998 environmental impacts of the shopping center development to a level of insignificance in relation to this development application. The applicable mitigation measures are conditions of approval for Site Plan Review 98-1 (92 mitigation measures), and are incorporated herein by reference. I. Given the distance from Seal Beach Boulevard, approximately 580 feet, the size of the proposed architectural features will not create an overpowering presence from the street, and have been evaluated as part of the overall concept design for the shopping center within the Bixby Old Ranch Towne Center ElR m. The proposed architectural features exceed the height limit by 2 to 7 feet, and are located 580 feet from Seal Beach Boulevard. The architectural features are intended to provide relief for the elevations of the shopping center structures which face Seal Beach Boulevard, and are oriented towards Seal Beach Boulevard Additionally, the proposed residential development to the north and east of the shopping center will be oriented towards the interior street system of that residential neighborhood, and will not impact on any views of that residential neighborhood Further, the architectural features are only located along the front building elevations of the major stores, and are located between 280 to 350 feet from the adjoining proposed residential development Section 5. Based upon the facts contained in the record, including those stated in ~4 of this resolution and pursuant to ~~ 28-2317 of the City'S Code, the Planning Commission makes the following findings: a. Height Variation No 98-5, a request to permit a maximum of five (5) non-habitable architectural features in excess of the 35-foot maximum height limit, but within the allowable architectural feature height provision of 42 feet, in conjunction with a proposed 299,000 square foot commercial shopping center within the Bixby Old Ranch Towne Center is consistent with the provisions of the Land Use Element of the City's General Plan, as recently amended by the City Council, which provides a "general commercial" designation for the subject property and permits architectural features subject to the approval of a height variation The use is also consistent with the remaining elements of the City's General Plan, as the policies of those elements are consistent with, and reflected in, the Land Use Element Accordingly, the proposed height variations are consistent with the General Plan b. The proposed architectural features are architecturally in keeping with the overall design theme of the shopping center, with the roofing materials and siding matching those of the shopping center c The proposed architectural features are appropriate for the character and integrity of the surrounding neighborhood, due to the distance of the proposed architectural features from Seal Beach Boulevard and the Bixby Village residential development to the north and east of the shopping center d. No habitable living space is provided within the proposed architectural features. Section 6. Based upon the foregoing, the Planning Commission hereby approves Height Variation No 98-5, subject to the following conditions I Height Variation 98-5 is approved for the construction of five (5) non-habitable architectural features in excess of the height limit in conjunction with the construction of the Bixby Old Ranch Towne Center. 2 All construction shall be in substantial compliance with the plans approved through HV 98-5. 3. There shall be no habitable space or useable retail space permitted within the architectural features. HV 98-5 (Bixby) peR 3 .' Planning ComnuilSlon Resol.tlon 98 - 48 HeIght VanatJon No 98-5 BIXby OM Ranch Towne Center, December 9, 1998 4. This Height Variation 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 PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 9th day of December . 1998, by the following vote: AYES. Commissioners Brown, Cutull, Larson and Lyon NOES. Commissioners Hood ABSENT: Commissioners None Jk Brian rown, MD Chair an of the Planning Commission HV 98.' (Bixby) PCR 4