HomeMy WebLinkAboutPC Res 05-40 - 2005-09-07
RESOLUTION NUMBER 05-40
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A RESOLUTION OF THE PLANNING COMMISSION
OF THE CITY OF SEAL BEACH APPROVING
HEIGHT VARIATION 05-3 TO CONSTRUCT THREE
NON-HABITABLE ARCHITECTURAL FEATURES
IN EXCESS OF THE 35 FEET HEIGHT LIMIT AT
12850 SEAL BEACH BOULEVARD.
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES
HEREBY FIND AND RESOLVE:
Section 1. On July 22, 2005, Rob Perez and Brian Stotelmeyer for Parsons,
Inc., representatives for Nextel Communications (the "Applicant") filed an application with the
Department of Development Services for Height Variation 05-3. The applicant is proposing to
construct three non-habitable architectural features in excess of the 35 feet height limIt on
property located at 12850 Seal Beach Boulevard. Specifically, the proposal is to construct 3 faux
chimneys to match an existing chimney structure at the Ayres Hotel. The faux chimneys are
proposed to house a wireless telecom facility that would exceed the height limit by
approximately 7 feet.
Section 2. Pursuant to 14 Calif. Code of Regs. 9 15025(a) and 9 II.A of the
City's Local CEQA Guidelines, staff has determined as follows: The application for Height
Variation 05-3 is categorically exempt from review pursuant to the California Environmental
Quality Act pursuant to 14 Calif. Code of Regs 9 15305 (Minor Alterations in Land Use
Limitations) because the request is for a minor alteration in land use limitations In an area with
an average slope of less than 20% and no changes in land use or density are involved; and,
pursuant to 9 15061(b)(3), because it can be seen with certainty that there is no possibility that
the approval may have a SIgnificant effect on the environment.
Section 3. A duly noticed public hearing was held before the Planning
Commission on September 7,2005, to consider the application for Height Variation 05-3.
Section 4.
The record of the hearing of September 7, 2005 indicates the
following:
(a) On July 22,2005, the Rob Perez and Brian Stotelmeyer for Parsons, Inc.,
representatives for Nextel Communications (the "Applicant") filed an application with the
Department of Development Services for Height Variation 05-3.
(b) The applicant is proposing to construct three non-habitable architectural
features In excess of the 35 feet height limit on property located at 12850 Seal Beach Boulevard.
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Planning CommzsslOn ResolutIOn 05-40
Height VarzatlOn 05-3 12850 Seal Beach Blvd. (Nextel)
September 7, 2005
Specifically, the proposal is to construct 3 faux chimneys to match an existing chimney structure
at the Ayres Hotel. The faux chimneys are proposed to house a wireless telecom facility that
would exceed the height limit by approximately 7 feet. The property is located at 12850 Seal
Beach Boulevard, at the existing Ayres Hotel.
(c) The Commission has previously approved Conditional Use Permit 99-7
and Height Variation 99-5, allowing the construction of the hotel facility on May 3, 2000. The
Commission further approved Site Plan Review 03-1 on July 9,2003.
(d) Surrounding land uses and zoning are as follows:
NORTH Commercial land uses within the Bixby Old Ranch Towne Center
Commercial Overlay (C-2) Zone and, across Lampson Avenue, Bixby
Old Ranch Golf Course in the 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 Immediately to the east is the location of the Sunrise Senior Care
facility within the Bixby Old Ranch Towne Center Commercial
Overlay (C-2) Zone, and approximately 1,500 feet to the east is the Seal
Beach Tennis Club within the Public Land Use/Recreation (PLU/R)
Zone.
WEST Across Seal Beach Boulevard, in the (C-2) and (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, including those stated
in ~4 of this resolution and pursuant to ~~ 28-2317 (C, D) of the City's Code, the Planning
Commission makes the following findings:
(a) Height Variation 05-3 is consistent with the provisions of the Land Use
Element of the City's General Plan, which provides a "general commercial" designation for the
subject property and permits commercial uses. 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 proposed faux chimney structures are architecturally in keeping with
the remainder of the structure, coordinating with the other portions of the building and matching
the existing chimney.
(c) The proposed architectural features are appropriate for the character and
integrity of the hotel, adjacent commercial development, and the nearest neighborhood, due to
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Planmng Commzssion ResolutIOn 05-40
HeIght VarzatlOn 05-3 J 2850 Seal Beach Blvd (Nextel)
September 7, 2005
the distance of the proposed architectural features from Seal Beach Boulevard and existing
development in Rossmoor, approximately 350 feet to the north and west of the hotel.
(d) No habitable living space is provided within the structure.
(e) The proposed structures do not significantly impair the primary view of
any property located within 300 feet of the subject property.
Section 6. Based upon the foregoing, the Planning Commission hereby
approves Height Variation 05-3, subject to the following conditions:
1. Height Variation 05-3 is approved for the construction of three (3) non-habitable
architectural features in excess of the height limit on the roof of the existing Ayres Hotel at
12850 Seal Beach Boulevard.
2. All construction shall be in substantial compliance with the plans approved through HV
05-3.
3. There shall be no habitable space permitted within the three chimney structures.
4. No portion of the chimney structures shall exceed 42 feet in height.
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.
PASSED, APPROVED AND ADOPTED by the Planning Commission of the City of Seal Beach
at a meeting thereof held on the 7th day of September 2005 by the following vote:
AYES: Commissioners Shanks, Deaton, Ladner, O'Malley, and Roberts,
NOES: Commissioners None
ABSENT: Commissioners None
~d.~
Gordon Shanks
Chairperson, Planning Commission
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Lee Whittenberg
Secretary, Planning Commisso
Planmng CommiSSIOn ResolutIOn 05-40
Height VarzatlOn 05-3 12850 Seal Beach Blvd (Nextel)
September 7, 2005
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