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Home My WebLink AboutPC Res 19-03 - 2019-04-15 RESOLUTION NO. 19-3 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING MINOR USE PERMIT 19-2 TO ALLOW THE INSTALLATION OF A ROOF MOUNTED AIR CONDITIONING UNIT WITH SCREENING AT A NONCONFORMING PROPERTY THAT IS NONCONFORMING DUE TO SETBACKS AND HEIGHT IN THE RESIDENTIAL HIGH DENSITY (RHD-20) ZONED AREA AT 320 CENTRAL AVENUE. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. Golden Edge Construction ("the applicant") on behalf of Linda Tachjian ("the owner") submitted an application to the Community Development Department for Minor Use Permit 19-2. The proposed project includes the proposed installation of a roof mounted air conditioning unit with screening at a nonconforming property that is nonconforming due to setbacks and height located in the Residential High Density (RHD-20) zoning area. Section 2. This project is determined to be a Class 1 (Existing Facility) Categorical Exemption pursuant to Section 15301 of the Guidelines for the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) for the permitting of a roof mounted air conditioning unit at an existing nonconforming residence where only minor modifications are required for the renovation. Section 3. A duly noticed public meeting was held before the Planning Commission on April 15, 2019 to consider Minor Use Permit 19-2. At the public meeting, the Planning Commission received into the record all evidence and testimony provided on this matter. The record of the hearing indicates the following: A. The applicant submitted an application to the Community Development Department for Minor Use Permit 19-2 for a proposed project at 320 Central Avenue, Seal Beach. California. B. The subject property is rectangular in shape with a lot area of approximately 2.565.5 square feet. The subject property has a lot width of 25.65 feet with a lot depth of 100 feet. The site is surrounded by residential uses on all sides. C. The subject property is currently developed with a two-story single family residence with an attached two-car garage. Based on the setback on the west side and the height of the existing residence. the subject property is considered nonconforming. The proposed improvements will not expand any existing nonconformity because the proposed roof mounted air conditioning unit with screening will not exceed 25 feet in height and will maintain the required 3 feet setback which meets all setback and height requirements. D. The Seal Beach Municipal Code (SBMC § 11.4.40.015.B) allows minor improvements which involve the removal or alteration of a structure's exterior or other similar improvements, as determined by the director through the approval of a Minor Use Permit. The applicant is requesting to install a roof mounted air conditioning unit with screening. Section 4. Based upon the facts contained in the record, including those stated in the preceding Section of this resolution and pursuant to Chapter 11.5.20 of the Seal Beach Municipal Code. the Planning Commission makes the following findings: A. The proposed minor improvements are consistent with the General Plan which encourages architectural diversity in the Old Town area (Planning Area 1) while ensuring compatibility between residential and commercial uses. The General Plan also recognizes existing nonconforming land uses and permits minor alterations. The proposed installation of a roof mounted air conditioning unit with screening of the existing residence will not change the character of the property, will not expand any nonconformity, and will be consistent with other surrounding properties. Page 1 of 3 Resolution 19-3 320 Central avenue B. The proposed use is allowed within the applicable zoning district with Minor Use Permit approval and will comply with all other applicable provisions of the Municipal Code. The subject site is located within the Old Town RHD-20 zone, an area where the Seal Beach Municipal Code (Section 11.4.40.015.B) allows minor improvement which involves the removal or alteration of a structure's exterior or other similar improvements, as determined by the director m with approval of a Minor Use Permit. C. The proposed use, as conditioned below, will be located on a site that is physically adequate for the type. density, and intensity of use being proposed, including provision of services, and the absence of physical constraints. The subject site is currently developed with a two- story single-family residence and is considered nonconforming due to setbacks and height. The installation of a roof mounted air conditioning unit with screening will not add habitable space and will maintain development standards applicable to the RHD-20 zone. The improvement will not increase density or change beyond existing use of the property. D. The location, size, design, and operating characteristics of the proposed use, as conditioned below. will be compatible with and will not adversely affect uses and properties in the surrounding neighborhood. The subject site is located within the RHD-20 zone, which consists of properties developed as single family and multi-family residences. The improvement will not add habitable space. will not change existing operating characteristics of the single-family residence, and will remain similar to surrounding uses throughout RHD-20. E. The establishment, maintenance, and operation of the proposed use will not be detrimental to the health, safety, or welfare of persons residing or working in the vicinity. The installation of a roof mounted air conditioning unit with screening will not increase bedrooms, exceed the bedroom/bathroom ratio authorized under the development standards, or intensify use on the property. The subject site will continue to operate as a residential property, which is consistent with the uses in the surrounding neighborhood. Section 5. Based on the foregoing. the Planning Commission hereby approves Minor Use Permit 19-2 for the installation of a roof mounted air conditioning unit with screening on an existing single-family residence that is nonconforming due to setbacks and height is subject to the following conditions: 1 Minor Use Permit 19-2 is approved for the installation of a roof mounted air conditioning unit with screening of the existing single-family residence on the nonconforming property located at 320 Central Avenue. 2. All plan check and future construction shall be in substantial compliance with the plans approved through Minor Use Permit 19-2. All new construction shall comply with all applicable state and local codes. 3 The applicant is required to obtain all Building and Safety permits prior to construction or demolition. 4. The applicant is required to obtain California Coastal Commission approval prior to submission of plans for plan check. 5. All materials, color, and finishes of the wall finish will be consistent with existing roof pitches and exterior finishes of the residential dwelling. 6. The height of the roof mounted air conditioning unit with screening shall not exceed the 25-foot height limit applicable to the property, and the property including the air conditioning unit shall maintain the minimum three-foot interior side yard setback at all times. 7 This Minor Use Permit shall not become effective for any purpose unless an "Acceptance of Conditions" form has been signed, notarized, and returned to the Community Development Department; and until the ten (10) day appeal period has elapsed. Page 2 of 3 Resolution 19-3 320 Central avenue 8. The applicant shall indemnify, defend and hold harmless the 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 Minor 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 Seal Beach Planning Commission at a meeting thereof held on April 15, 2019, by the following vote: AYES: Corn missionerscLI pi, Lc-/ , i�-1c','-1 , ktioc1tc5/7- NOES: Commissioners ABSENT: Commissioners --ti, 4-/Z_ ABSTAIN: Commissioners Patty Campbell Chairperson ATTEST: i ./ Steve Fowler Planning Commission Secretary Page 3 of 3