Loading...
HomeMy WebLinkAboutPC Res 05-65 - 2005-12-07 RESOLUTION NO. 05-65 OR/CI./l1 1J/4l -, A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 05-5 TO ALLOW A 7 FOOT HEIGHT INCREASE IN THE HEIGHT ABOVE THE 35 FEET LIMIT FOR A NON-HABITABLE ARCHITECTURAL FEATURE AT THE PROPOSED NEW MARKET AT 1101 PACIFIC COAST HIGHWAY, SEAL BEACH (SEAL BEACH CENTER) THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. The Von's Pavilions Market is proposed to be 48,000 square feet with a non-habitable architectural feature in the Seal Beach Center at 1101 Pacific Coast Highway, Seal Beach. Section 2. The City's environmental consultant has prepared and circulated an Initial Environmental Assessment and proposed Mitigated Negative Declaration as required by the California Environmental Quality Act (CEQA). The comment period on Negative Declaration 05-5 ended on November 14, 2005. The environmental consultant has prepared a "Response to Comments" document that addresses all issues raised during the public comment period have been evaluated and has determined no significant impacts have been raised. Section 3. A duly noticed public hearing was held by the Planning Commission on December 7, 2005 to consider Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway. Section 4. On December 7, 2005, the Planning Commission adopted Mitigated Negative Declaration 05-5 in conjunction with the proposed development at 901-1101 Pacific Coast Highway through Resolution 05-67. Section 5. A duly noticed public hearing was held by the Planning Commission on December 7,2005 to consider Height Variation 05-5 for a market with a non-habitable architectural feature at 1101 Pacific Coast Highway. Z \My Documents\RESO\HV 05-5 VONS 1101 PCH PC RE50\lw\12-09-05 Planning CommiSSIOn Resolution 05-65 Height VariatIOn 05-5 //0/ Pacific Coast Highway (Vons) December 7, 2005 Section 6. The Planning Commission received into evidence the Staff Report of December 7, 2005, along with all attachments thereto, and considered all public testimony presented. Section 7. The Planning Commission made the following findings regarding Height Variation 05-5 and determined the proposed project is consistent with the General Plan: (a) Height Variation 05-5 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "service commercial" designation for the subject property and permits height variations subject to approval of the Planning Commission. 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 use is consistent with the General Plan. (b) The building and property at 901 - 1101 Pacific Coast Highway are adequate in size, shape, topography and location to meet the needs of the proposed use of the property. Required adherence to applicable building and fire codes ensures there will be adequate water supply and utilities for the proposed use. (c) The roofing materials and building finishes are In substantial conformity with the roofing materials of the remainder of the structure. (d) The non-habitable architectural features are located along the peripheral exterior walls of structure, at the northwest corner of the building facing the interior of the shopping center. (e) The non-habitable architectural features are appropriate for the character and integrity of the neighborhood. (t) The non-habitable architectural features do not significantly impair the primary view from any property located within 300 feet. NOW, THEREFORE BE IT RESOLVED, based upon the foregoing, the Planning Commission hereby approves Height Variation 05-5, subject to the following conditions: 1. Height Variation 05-5 is approved for a tower element and two entry features in conjunction with a new market building at 1101 Pacific Coast Highway. 2. All construction must be in substantial conformance to the plans approved by Planning Commission for Height Variation 05-5. 3. No portion of the roof shall exceed 42 feet in height. 4. The tower element shall not have any sign identification above 35 feet. HV 05-5 VON5 1101 PCH 2 . . Planning CommiSSIOn ResolutIOn 05-65 HeIght VariatIOn 05-5 1/01 Pacific Coast Highway (Vons) December 7, 2005 5. 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 6. The applicant shall indemnify, defend and hold harmless City, its officers, agents and employees (collectively "the City" hereinafter) from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of the use permitted hereby or the exercise of the rights granted herein, and any and all claims, lawsuits or actions arising from the granting of or the exercise of the rights permitted by this Conditional Use Permit, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury or death arising out of or connected with the performance of the use permitted hereby. Applicant's obligation to indemnify, defend and hold harmless the City as stated herein shall include, but not be limited to, paying all fees and costs incurred by legal counsel of the City's choice in representing the City in connection with any such claims, losses, lawsuits or actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach at a meeting thereof held on the 7th day of December, 2005, by the following vote: AYES: Commissioners Deaton, O'Malley, Roberts and Shanks NOES: Commissioners ABSENT: Commissioners Ladner ABSTAIN: Commissioners ~~ Gordon Shanks, Chairman Planning Commission e ittenberg, Secretary lanning Commission HV 05-5 VONS 1101 PCH 3