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HomeMy WebLinkAboutPC Res 01-45 - 2001-10-17 RESOLUTION NUMBER 01-45 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT V ARIA TION NO. 01-5, PERMITTING THE CONSTRUCTION OF ARCHITECTURAL FEATURES IN CONJUNCTION WITH A PROPOSED 157 UNIT SENIOR CARE FACILITY ON THE PROPERTY LOCATED AT THE NORTHEAST CORNER OF THE NORTHBOUND 1-405 FREEWAY OFF-RAMP AND SEAL BEACH BOULEVARD (SUNRISE SR. CARE FACILITY) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY FIND AND RESOLVE: Section 1. On September 20, 2001, the Sunrise Development Corporation (the "Applicant") filed an application with the Department of Developmcnt Scrvices for Height Variation 01-5. The applicant is proposing to have four (4) architectural projections above the 35 foot maximum height limit, to a maximum height of38 feet. Scction 2. Pursuant to 14 Calif. Code of Regs. ~ 15305 and ~ II.B of the City's Local CEQA Guidelines, the Planning Commission detennines as follows: The application for Height Variation No. 01-5 for non-habitable architectural features as part of the proposed hotcl facility is within the scope of the project analyzed in thc Bixby Old Ranch Towne Center EIR, certified by the City Council on Novembcr 23, 1998, through the adoption of City Council Resolution No. 4660. Said resolution and the Findings and Statement of Overriding Considcrations are incorporated herein by reference. Section 3. A duly noticed public hearing was scheduled to bc hcld before the Planning Commission on October 17, 2001, to consider the application for Height Variation 01-5. Section 4. The record of thc hcaring of October 17, 2001 indicate the following: a. On September 20, 2001, thc Sunrise Development Company (the "Applicant") filed an application with the Department of Development Serviccs for Hcight Variation 01-5. b. The applicant is proposing to havc four (4) architectural projections above the 35 foot maximum height limit, to a maximum height of38 feet. c. The Code of the City of Seal Beach The Codc of the City of Seal Beach, (Code) states that no building or structure shall exceed the height limit for the district and zonc 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-habitable 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 established for the district in which such structure is located to a maximum of seven feet (7') if granted pursuant to the procedures contained ill this section." C \My DDcumentslRESO\Hc.ghl V dndlmn 01-5 SW1l1se PC ResD dDcll \VIO 1-11~ 1 Planmng Comnllssion 01-45 Height Varlatloll 01-5, Sunrise As~L\'/ed Living October 17,2001 d. The hcight 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 thc proposed architectural features are 38 feet. The maximum proposed height is within the seven foot (7') allowance providcd for a non- habitable architectural feature under Section 28-2317(4). e. The subject property is legally described as Parcel 3, Parcel Map No. 97-165, and is currently located in the General Commercial (C-2) zonc. f. The subject property has been approved on a preVIOUS agcnda to operate a Senior Care Facility. That approval was grantcd by the Planning Commission on September 19,2001 on a 5-0 vote. g. Surrounding land uses and zoning arc as follows: North - Bixby Old Ranch Golf Course in thc Recreation-Golf (R- G) Zone. South - 1-405 Freeway, with the Seal Beach Weapons Support Facility located south of the Freeway, in the Public Land Use/Recreation (PLU/R) Zone. East - approximately 1,500 feet to the east is the Bixby Old Ranch Tennis Club, currcntly in the Public Land Use/Recreation (PLU/R) Zone and proposed to be dedicated to the City, based on City Council actions of November 23, 1998. West - Approximately 19,000 square feet of retail area in two scparate buildings and a hotel in a General Commercial (C-2) zone. Across Seal Beach Boulevard, in the General Commercial (C-2) and Light Industrial (M-1) zones is the Bixby Old Ranch Office Park development, in the City of Seal Beach. Section 5. Based upon the facts contained in the record, ineluding those stated in ~4 of this resolution and pursuant to ~~ 28-2317 of the City's Codc, the Planning Commission makes the following findings: a. Height Variation 01-5 is consistent with the provisions of the Land Use Element of the City's Gcncral Plan, which provides a "general commercial" designation for the subject property and permits the sr. care facility. The use is also consistent with the remaining elements of the City's Gcneral Plan, as the policies of those elements are consistent with, and reflectcd in, the Land Use Element. Accordingly, the proposed use is consistent with the General Plan. b. The proposcd architectural features are in keeping with the ovcrall design thcmc of the senior care facility, with the roofing matcrials and pitch matching those of the structure. c. The proposed architectural features are appropriate for the character and integrity ofthe senior care facility, adjacent commercial development, and the nearest ncighborhood. d. No habitable living space or useable retail space is provided within the proposed architectural features. Section 6. Based upon the foregoing, the Planning Commission hereby approves Height Variation No. 01-5, subject to the following conditions: 1. Height Variation 01-5 is approved for the construction of four (4) non-habitable architcetural features in excess of thc hcight limit in conjunction with the Height VanatlOn 01-5 Sunn.. PC Resa 2 Plannzng CommL~sion 01-45 Heighl Varlatioll 01-5, SunrIse Asslsled Livzng October 17, 2001 construction of the Sunrise Senior Care Facility project, as indicated on concept plans. 2. All construction shall be m substantial compliance with lhe plans approved through BV 01-5. 3. There shall be no habitable space or useable retail space permitted wilhin the architectural features. 4. This Height Variation shall not become effective for any purpose unless an "Acceptance of Condilions" form has been signed by the applicant in the presence of lhe 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 lhereof held on the 1 ih day of OClober 2001, by lhe following vote: AYES: Commissioners Brown, Cutuli, Hood and Sharp NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners &~~ David Hood, Ph.D. Chainnan of the Planning Commission e ittenberg Secretary of the Planning Commi . Ion lIolght Vanalllm 01-5 Sunllso PC Reso 3