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Home My WebLink AboutPC Res 09-17 - 2009-04-08 RESOLUTION NUMBER 09-17 Ot9h 6'4- ~< A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH APPROVING HEIGHT VARIATION 09-2, PERMITTING THE ROOFTOP PLACEMENT OF THREE (3) AlC CONDENSER UNITS WITHIN AN APPROXIMATELY 50 SQUARE FOOT ENCLOSURE, UP TO 2 FEET 6 INCHES ABOVE THE 25-FOOT HEIGHT LIMIT, AT 410 OCEAN AVENUE, SEAL BEACH. THE PLANNING COMMISSION OF THE CITY OF SEAL BEACH DOES HEREBY RESOLVE: Section 1. On March 5, 2009, Mr. Jeff Jeanette submitted an application for Height Variation 09-2. The proposed project would allow for the roof placement of three (3) AlC condenser units in excess of the 25-foot height limit. Specifically, the applicant proposes to replace an existing AlC condenser unit with three (3) new AlC condenser units that will each exceed the height limit by approximately 2'-6" (27'-6" total height); 7 feet is the maximum height variation permitted. Section 2. Pursuant to 14 Calif. Code of Regs. ~ l5025(a), staff has determined as follows: The application for Height Variation No. 09-2 is categorically exempt from review pursuant to the California Environmental Quality Act pursuant to 14 Calif. Code of Regs. ~ l530l(e)(2)(A) (Existing Facilities), because the application is for the addition to an existing structure not resulting in an increase of more than 10,000 square feet, since the project is in an area where all public services and facilities are available to allow for maximum development permissible in the General Plan and (B), The area in which the project is located is not environmentally sensitive; and, pursuant to ~ l506l(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 April 8, 2009 to consider Height Variation 09-2. At the public hearing, the Planning Commission received into evidence all written and oral testimony provided on this matter. Section 4. The record of the hearings indicates the following: (a) On March 5, 2009, Mr. Jeff Jeanette submitted an application for Height Variation 09-2. 10f4 Planning Commission Resolution No. 09-/7 Height Variation 09-2 410 Ocean Avenue April 8. 2009 (b) The proposed project would allow for the roofplacement of three (3) AlC condenser units in excess of the 25-foot height limit. Specifically, the applicant proposes to replace an existing AlC condenser unit with three (3) new AlC condenser units that will each exceed the height limit by approximately 2'-6" (27'-6" total height); 7 feet is the maximum height variation permitted. (c) The subject property is described as 410 Ocean Avenue, Seal Beach, California, Assessor's Parcel Number: 199-114-04. The subject property is located in the Residential Low Density (RLD) zone, in an area generally referred to as the "Gold Coast". (d) The subject property is rectangular in shape with a lot area of approximately 6,860 square feet. (e) The surrounding land uses and zoning are as follows: WEST: Single- and Multiple-family dwellings located in the Residential High Density (RHD) Zone. Beach; Pacific Ocean Single-family dwellings located in the Residential Low Density (RLD) Zone. Single-family dwellings located in the Residential Low Density (RLD) Zone. NORTH: SOUTH: EAST: (f) The equipment enclosure, as conditioned, will be constructed of similar material and be designed such that it is architecturally compatible with the remodeled home. (g) The equipment enclosure, as conditioned, is approximately 38'-8" from the front of the existing residence, and is approximately 6' from the north wall and 18' from the south wall ofthe residence. Section 5. Based upon the evidence in the record, including the facts stated in ~ 4 of this resolution and pursuant to ~ 28-2317(D) of the City's Code, the Planning Commission hereby finds as follows: (a) Height Variation 09-2, as conditioned, is consistent with the provisions of the Land Use Element of the City's General Plan, which provides a "High Density Residential" designation for the subject property and permits single and multiple family residential uses. The use, as conditioned, 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, as conditioned, is consistent with the General Plan. (b) The proposed mechanical equipment and enclosure, as conditioned, is architecturally in keeping with the remainder of the structure, with the roof pitch, 20f4 Planning Commission Resolution No. 09-17 Height Variation 09-2 4/0 Ocean Avenue April 8, 2009 roofing materials and siding architecturally compatible with that of the remainder of the structure. (c) The proposed mechanical equipment and enclosure, as conditioned, is appropriate for the character and integrity of the surrounding neighborhood and permissible by code. (d) No habitable living space is provided within the requested mechanical equipment and enclosure area. ( e) The proposed mechanical equipment and enclosure, as conditioned, does not significantly impair the primary view of any property located within 300 feet of the subject property, as is it replacing already existing equipment. Section 6. Based on the foregoing, the Planning Commission hereby approves Height Variation 09-2, subject to the following conditions: 1. Height Variation 09-2 is approved for the construction of three (3) AlC condenser units within an approximately 50 square foot enclosure up to 2'-6" in excess of the 25-foot height limit at 410 Ocean Avenue, Seal Beach. 2. All construction shall be in substantial compliance with the plans approved through Height Variation 09-2. 3. A solid wall enclosure shall be constructed to screen the mechanical equipment. Such enclosure shall be architecturally compatible with the remainder of the structure and utilize similar materials. Height of the structure shall not exceed the overall height of the equipment to be screened and screen walls shall be located the minimum distance necessary from the condenser units to provide adequate ventilation to the units. 4. There shall be no habitable space permitted as part of the equipment enclosure. 5. 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 Height Variation, 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 3of4 Planning Commission Resolution No. 09-17 Height Variation 09-2 410 Ocean Avenue April 8, 2009 actions, expert witness fees, and any award of damages, judgments, verdicts, court costs or attorneys' fees in any such lawsuit or action. 6. 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 ofthe City of Seal Beach at a meeting thereof held on the 8th day of April 2009 by the following vote: AYES: Commissioners Deaton, Eagar, Larson, and Massa-Lavitt NOES: Commissioners None ABSENT: Commissioners Bello ABSTAIN: Commissioners None ~p~ ~ llery Deaton Chairperson, Planning Commission Lee Whittenberg Secretary, Planning Commissi ***** 40f4