The URL can be used to link to this page

Home My WebLink AboutPC Res 06-37 - 2006-08-23 RESOLUTION NUMBER 06-37 o~/ 6'h W4< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 06-3 TO CONSTRUCT THREE NON-HABITABLE ARCHITECTURAL FEATURES AND A ROOFTOP EQUIPMENT ENCLOSURE 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 August 23,2005, Jason Hadley, representative for Royal Street Communications LLC (the "Applicant"), filed an application with the Department of Development Services for Height Variation 06-3. 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 three faux chimneys and a rooftop equipment enclosure to match an existing chimney structures at the Ayres Hotel. The faux chimneys are proposed to house a wireless telecom facility which would exceed the height limit by approximately 7 feet. Section 2. Pursuant to 14 Calif. Code of Regs. ~ 15025(a) and ~ II.A of the City's Local CEQA Guidelines, staff has determined as follows: The application for Height Variation 06-3 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs ~ 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 ~ 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 August 23, 2006, to consider the application for Height Variation 06-3. Section 4. The record of the hearing of August 23, 2006 indicates the following: (a) On June 30, 2006, Jason Hadley, representing Royal Street Communications (the "Applicant"), filed an application with the Department of Development Services for Height Variation 06-3. (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 10f4 Planning Commission Resolution No. 06-37 Height Variation 06-3 12850 Seal Beach Blvd. - Ayres Hotel August 23, 2006 Beach Boulevard. Specifically, the proposal is to construct 3 faux chimneys and a rooftop equipment enclosure to match an existing chimney structure at the Ayres Hotel. The faux chimneys are proposed to house a wireless telecom facility which 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 Height Variation 06-3 to permit three existing faux chimneys structures that house Verizon wireless telecom antennas. Conditional Use Permit 99-7 and Height Variation 99-5 were also previously approved to permit the construction of the hotel facility with seven architectural features exceeding the 35-foot height limit. (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 UseIRecreation (PLUIR) 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 UseIRecreation (PLUIR) 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 06-3 is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "general commercial" designation for the subj ect 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 and rooftop equipment enclosure are architecturally compatible with the remainder of the structure, and the rooftop elements are evenly distributed along the roofline so as to not disturb the architectural rhythm of the structure. 20f4 Planning Commission Resolution No. 06-37 Height Variation 06-3 12850 Seal Beach Blvd. - Ayres Hotel August 23, 2006 (c) The proposed architectural features are appropriate for the character and integrity of the hotel, adjacent commercial development, and the nearest neighborhood, due to 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 ofthe subject property. Section 6. Based upon the foregoing, the Planning Commission hereby approves Height Variation 06-3, subject to the following conditions: 1. Height Variation 06-3 is approved for the construction of three (3) non-habitable architectural features and a rooftop equipment enclosure 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 Height Variation 06-3. 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 23rd day of August 2006 by the following vote: AYES: Commissioners Deaton, Bello, Roberts and O'Malley NOES: Commissioners None ABSENT: Commissioners Ladner 30f4 **** 40f4 Planning Commission Resolution No. 06-37 Height Variation 06-3 12850 Seal Beach Blvd. - Ayres Hotel August 23, 2006 ~'ht~1Eali2fl ~) / llery Deaton Chairperson, Planning Commission