HomeMy WebLinkAboutPC Res 02-22 - 2002-04-17
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RESOLUTION NUMBER 02 - 22
A RESOLUTION OF THE PLANNING
COMMISSION OF THE CITY OF SEAL
BEACH APPROVING HEIGHT VARIATION
NO. 02-3, PERMITTING THE CONSTRUCTION
OF ARCHITECTURAL FEATURES IN
CONJUNCTION WITH A PROPOSED 22,203
SQUARE FOOT EXPANSION TO THE
ROSSMOOR CENTER LOCATED AT THE
NORTHWEST CORNER OF SEAL BEACH
BOULEVARD AND ST. CLOUD DRIVE
THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH
DOES HEREBY FIND AND RESOLVE:
Section 1. On December 27, 2001, Century National Properties (the
"Applicant") filed an application with the Department of Development Services for
HeightVariation 02-3. The applicant is proposing to demolish four (4) existing buildings
and construct two (2) new buildings in their place, for a total net increase of 22,203
square feet of gross leasable area, on property located at the northwest comer of Seal
Beach Boulevard and St. Cloud Drive.
Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15070, the Planning
Commission detennines as follows: The application for Height Variation No. 02-3 for
non-habitable architectural features as part of the proposed expansion to Rossmoor
Center is adequately addressed through Mitigated Negative Declaration 02-1 (SCH No.
2002031007).
Section 3.
The record of the hearing of April 17, 2002 indicates the
following:
a. On December 27, 2001, Century National Properties (the
"Applicant") filed an application with the Department of Development Services for
Height Variation 02-3. The applicant is proposing to demolish four (4) existing
retail/theater/medical buildings and construct two (2) new retail buildings at the existing
Rossmoor Center, for a net increase of 22,203 square feet of gross leasable area, on
property located at the northwest corner of Seal Beach Boulevard and St. Cloud Drive.
b. Specifically, the applicant is proposing to construct non-habitable
architectural features comprising higher roof elevations in excess of the 35-foot
C:\My Documents\RESO\Height Variation 02-3. Rossmoor Center.PC Reso.doc\LW\04-23-02
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Planning Commission Resolution 02-22
Height Variation 02-3, Rossmoor Center
April 17, 2002
maximum height limit, but within the allowable architectural feature height provision of
42 feet, in conjunction with a proposed expansion to the Rossmoor Center.
c. The Code of the City of Seal Beach The Code of the City of Seal
Beach, (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-habitable architectural features, such as spires, towers, cupolas,
belfi'ies, monuments, parapets (not required by Uniform Building Code), domes
and covered stairvvells 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 in this section. "
d. The height limit for structures on the subject property, which is
located in the General Commercial (C-2) zone, is 35 feet. The maximum height
elevations 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).
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e. The subject property is located northwest of the intersection of
Seal Beach Boulevard and St. Cloud Drive. The property has approximately 1430 feet of
frontage on Seal Beach Boulevard, and 850 feet of frontage on St. Cloud Drive.
f. The subject property is described as Assessors' Parcels 086-492-2,
4,5,6, 7, 8,9, 10, 12,25,27,30,34,35,41,43,45, and 46, and is currently located in the
General Commercial (C-2) zone.
g. The entire development site is currently developed. Portions of the
site will be demolished and rebuilt with new retail buildings.
h. Surrounding land uses and zoning are as follows:
North, South and West - Residential land uses in the Residential
High Density (RHD) Zone in the City of Seal Beach. Across St.
Cloud and Montecito are single family residences in the
unincorporated area of Rossmoor.
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East - Retail commercial center (Old Rancl1 Towne Center) in the
General Commercial (C-2) zone; recreation use (Bixby Old Ranch
Golf Course) in the Public Land Use/Recreation (PLU/R) zone;
and single family residential (Old Ranch in Seal Beach) in the
Residential Medium Density (RMD) zone; and military (Los
Alamitos Anned Forces Reserve Center), east of the "Old Ranch"
developments described previously.
Height Variation 02-3.Rossl1loor Center.PC Reso
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Planning Commission Resolution 02-22
Height Variation 02-3, Rossmoor Center
April J 7, 2002
1. The Mitigation Monitoring Program establishes a number of
specific action measures, which have been proposed to reduce the identified"
enviromnental impacts of the shopping center expansion to a level of insignificance in
relation to this development application. The applicable mitigation measures are
conditions of approval for Height Variation 02-3 (16 mitigation measures), and are
incorporated herein by reference.
j. Given the distance from Seal Beach Boulevard, approximately 685
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 Mitigated Negative Declaration.
k. The proposed architectural features exceed the height limit by 7
feet, and are located 685 feet from Seal Beach Boulevard. The architectural features are
intended to provide relief for the elevations of the retail building. Additionally, the
nearest residential development to the west of the shopping center is oriented with the
rear yards facing the shopping center site, is approximately 100 feet from the project, and
will not impact on any views of that residential neighborhood.
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1. The height variations are requested to provide some architectural
diversity to the building elevations and are designed so that none of the architectural
features ar~ completely at the requested elevation.
Section 4. Based upon the facts contained in the record, including
those stated in ~3 of this resolution and pursuant to ~~ 28-23 17 of the City's Code, the
Planning Commission makes the following findings:
a. Height Variation No. 02-3, a request to pennit non-habitable
architectural features comprising higher roof elevations 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 shopping center expansion, 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 pennits architectural
features subject to ~e 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.
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c. The proposed architectural features are appropriate for the
character and integrity of the shopping center, adjacent commercial development, and the
neighborhood, due to the distance of the proposed architectural features from Seal Beach
Height Valiation 02-3.Rossmoor Center.PC Reso
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Planning C011lmission Resolution 02-22
Height Variation 02-3, Ross11loor Ce11ler
April 17, 2002
Boulevard, approximately 685 feet, and the existing residential development m
Rossmoor, approximately 100 feet to the west of the shopping center.
d. No habitable living space is provided within the proposed
architectural features.
Section 5. Based upon the foregoing, the Planning Commission
hereby approves Height Variation No. 02-3, subject to the following conditions:
1. Height Variation 02-3 is approved for the construction of non-habitable
architectural features comprising higher roof elevations in excess of the height
limit in conjunction with the expansion to the Rossmoor Center, as indicated on
concept plans submitted with the subject application, last edited December 27,
2002.
2. All construction shall be m substantial compliance with the plans approved
through HV 02-3.
3. There shall be no habitable space or useable retail space permitted within the
architectural features.
4.
Project proponent shall comply with all "Mitigation Measures", as set forth in the
Mitigatio~ Monitoring Program, dated April, 2002.
5. The approval of this Height Variation shall be subject to all applicable conditions
of approval as set forth in Planning Commission Resolution 02-21 (Mitigated
Negative Declaration 02-1).
6. This Height Variation shall not become effective for any purpose unless an
"Acceptance of Conditions" fonn 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.
7.
The applicant shall indemnify, defend and hold hannless 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 pennitted 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 pennitted by this Conditional Use
Pennit, 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 pennitted hereby. Applicant's
obligation to indemnify, defend and hold hannless 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,
Height Variation 02-3.Rossmoor Center. PC Reso
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Planning COl11mission Resolution 02-22
Height Variation 02-3, Rossl11oor Center
April]7, 2002
losses, lawsuits or actions, expert witness fees, and any award of damages,
judgments, verdicts, cOUli 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 17th day of April, 2002, by the
following vote:
AYES: Commissioners
Brown, Cutuli, Hood, Ladner, and Sharp
NOES: COlmnissioners
ABSENT: Commissioners
ABSTAIN: COlmnissioners
Height Variation 02-3.Rossmoor Center. PC Reso
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Chainnan of the Planning Commission
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