HomeMy WebLinkAbout29 - PH-1 - Attachment 9 - 11/3/2015ATTACHMENT 9
DENIAL RESOLUTION
RESOLUTION NO. 15-
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA
DENYING GENERAL PLAN AMENDMENT GP -14-04 CHANGING THE LAND
USE DESIGNATION OF A 4.15 ACRE SITE FROM GENERAL COMMERCIAL
(GC) TO HIGH DENSITY RESIDENTIAL (HDR); REZONE R-14-04 FOR A
REZONE (OR CHANGE) OF THE ZONING CLASSIFICATION OF THE SAME
DEVELOPMENT SITE FROM C1 (LOCAL BUSINESS DISTRICT) TO
PLANNED DEVELOPMENT RESIDENTIAL -HIGH DENSITY (PDR -HD), AND
MASTER PLAN PA -14-27 FOR THE PROPOSED DEVELOPMENT OF A
FOUR-STORY 224 -UNIT RESIDENTIAL APARTMENT BUILDING (60 FEET
OVERALL HEIGHT) THAT WRAPS AROUND A FIVE -LEVEL PARKING
STRUCTURE (50 FEET OVERALL HEIGHT) WITH 503 PARKING SPACES IN
THE STRUCTURE WITH A SITE-SPECIFIC BUILDING HEIGHT DEVIATION
TO ALLOW A FIVE LEVEL PARKING STRUCTURE (MAXIMUM 4 LEVELS
ALLOWED) LOCATED AT 2277 HARBOR BOULEVARD
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by Diamond Star Associates, Inc., on behalf
of owner of real properties located at 2277 Harbor Boulevard, requesting approval of
the following:
1. Initial Study/Mitigated Negative Declaration (ISMND) (State Clearinghouse
#2015091026). Adoption of the Initial Study - Mitigated Negative Declaration (IS -
MND) for the project.
2. General Plan Amendment GP -14-04. Change the land use designation from
General Commercial to High Density Residential. Per the applicant's request,
the proposed base density is 166 units (40 du/acre) with a development incentive
for an additional 58 dwelling units to be justified by (a) provision of 20 affordable
units for moderate -income households; and (b) complete demolition of the Costa
Mesa Motor Inn. Therefore, for the 4.15 -acre project site the General Plan
Amendment would specify an overall site-specific density of 54 du/acre for the
proposed 224 -unit apartment complex and a site-specific building height for the
5 -level parking structure.
—/M—
3. Rezone R-14-04. A rezone to change the zoning classification from C1 (Local
Business District) to PDR -HD (Planned Development Residential — High
Density).
4. Zoning Code Amendment CO -14-02. A zoning ordinance to amend Costa
Mesa Municipal Code Title 13 to make specific references to the parcel, where
appropriate, including the site-specific height and density for the development
site in the PDR -HD zone and any other related changes. The proposed 224 -unit
project would require an amendment to Table 13 58 (Planned Development
Standards) to allow a site-specific density of 54 dwelling units per acre for this
project.
5. Planning Application PA -14-27. A Master Plan application for the 224 -unit
apartment;
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on October 12, 2015, with all persons having the opportunity to speak and be heard for
and against the proposal.
WHEREAS, a duly noticed public hearing was held by the City Council on
November 3, 2015 with all persons provided an opportunity to speak for and against the
proposed project;
BE IT RESOLVED that, based on the evidence in the record and the findings
contained in Exhibit A, the CITY COUNCIL HEREBY DENIES General Plan
Amendment GP -14-04, Rezone R-14-04, Zoning Code Amendment CO -14-02, and
Planning Application PA -14-27.
ATTEST:
PASSED AND ADOPTED this 3rd day of November, 2015.
STEPHEN M. MESSINGER
Mayor, City of Costa Mesa
APPROVED AS TO FORM:
CITY CLERK OF THE CITY ATTORNEY
CITY OF COSTA MESA
1015
STATE OF CALIFORNIA)
)ss
COUNTY OF ORANGE )
I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City Council of
the City of Costa Mesa, hereby certify that the above Council Resolution Number 15
as considered at a regular meeting of said City Council held on the 3rd day of
November, 2015, and thereafter passed and adopted as a whole at the regular meeting
of said City Council held on the 3rd day of November, 2015, by the following roll call
vote:
AYES:
NOES:
ABSENT:
IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the
City of Costa Mesa this day of , 2015
EXHIBIT A
FINDINGS (DENIAL}
A. The proposed rezone is not consistent with the Zoning Code and the General
Plan.
B. The proposed project does not comply with Title 13, Section 13-29(g)(5), Master
Plan, of the Municipal Code due to the following:
The master plan does not meet the broader goals of the General Plan and the
Zoning Code by exhibiting excellence in design, site planning, integration of uses
and structures and protection of the integrity of neighboring development.
C. The subdivision of the property for a residential common interest development is
not consistent with the City's General Plan and Zoning Code.
D. The Costa Mesa City Council has denied General Plan Amendment GP -14-04,
Rezone R-14-04, Zoning Code Amendment CO -14-02, and Planning Application
PA -14-27. Pursuant to Public Resources Code Section 21080(b) (5) and CEQA
Guidelines Section 15270(a) CEQA does not apply to this project because it has
been rejected and will not be carried out.
E. The project is exempt from Chapter IX, Article 11, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.