HomeMy WebLinkAbout07-03 - Approving Planning Application PA-06-58RESOLUTION NO. 07-03
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF COSTA MESA, CALIFORNIA, APPROVING
PLANNING APPLICATION PA -06-58.
THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS
FOLLOWS:
WHEREAS, an application was filed by David Stern of Mesa West, LLC owner of
the real property located at 780 and 790 Hamilton Street, requesting approval to convert
an existing 2 -story, 40 -unit apartment complex into a common interest. development
(condominiums) to allow the units to be sold independent of one another, in an R3 zone;
and
WHEREAS, the Planning Commission denied the request at a public hearing on
November 27, 2006; and
WHEREAS, on December 4, 2006, Planning Commission's denial of PA -06-58
was appealed by the applicant to City Council; and
WHEREAS, a duly noticed public hearing was held by the City Council on
January 2, 2007.
NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the
record and the findings contained in Exhibit "A", the City Council of the City of Costa
Mesa hereby APPROVES Planning Application PA -06-58 with respect to the property
described above.
BE IT FURTHER RESOLVED that the Costa Mesa City Council does hereby find
and determine that adoption of this Resolution is expressly predicated upon the activity
as described in the Staff Report for Planning Application PA -06-58 and upon applicant's
compliance with each and all of the conditions contained in Exhibit "B". Any approval
granted by this resolution shall be subject to review, modification or revocationif there. is
a material change that occurs in the operation, or if the applicant fails to comply with
any of the conditions of approval.
PASSED AND ADOPTED this 2nd day of January, 2007.
ATTEST:
JuliiVFolcik, City Clerk
Allan R. Mansoor, Mayor
APPROVED AS TO FORM:
) �- * 4"'J
Ki berly l4all Barlow, City Attorney
FA
STATE OF CALIFORNIA ).
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY
that the above and foregoing is the original of Resolution No. 07-03 and was duly
passed and adopted by the City Council of the City of Costa Mesa at a regular meeting
held on the 2nd day of January, 2007, by the following roll call vote, to wit:
AYES:
COUNCIL MEMBERS:
MANSOOR, BEVER, DIXON, LEECE
NOES:
COUNCIL MEMBERS:
NONE
ABSENT:
COUNCIL MEMBERS:
FOLEY
IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the
City of Costa Mesa this 3rd day of January, 2007.
JU E FOLCIK, CITY CLERK
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EXHIBIT "A" ...
FINDINGS (APPROVAL)
A. The information presented substantially complies with Costa Mesa Municipal Code
Section 13-29(10) in that, although the critical vacancy rate is less than the rate
established in Section 13-42(c) (Residential Common Interest Development
Conversions), the condominium conversion will not significantly diminish
affordable housing stock within the City. Conversion of the apartments will result in
an upgrade of the property, as well as satisfying General plan Goal LU -1A.4 of
providing additional home ownership opportunities within the City. To ensure that
existing tenants are not displaced unreasonably, tenants will be offered right of
first refusal to purchase, or the property owner pay registration fees for an
apartment search service to help them find a new apartment if they decide not to.
purchase.
B. The information presented substantially complies with Costa Mesa Municipal Code
Section 13-29(e) in that:
a. The project is compatible and harmonious with existing development and
uses in the general neighborhood.
b. Safety and compatibility of the design of buildings, parking areas,
landscaping, luminaries and other site features, which includes functional
aspect of the site development such as automobile and pedestrian circulation,
have been considered.
c. The project is consistent with the General Plan.
d. The planning application is for a project -specific case and is not to be
construed to be setting a precedent for future development.
e. The cumulative effect of all the planning applications has been considered.
C. The information presented complies with Section 13-29(g)(1) of the Costa Mesa
Municipal Code in that special circumstances applicable to the property exist to
justify granting of the variances from private open space requirements. Specifically,
because of the design of the existing buildings, code complaint patios cannot be
provided, creating a special circumstance based upon the existing site
improvements. Additionally, it should be noted that the project contains two
common pool areas.
D. The project has been reviewed for compliance with the California Environmental
Quality Act (CEQA), the CEQA Guidelines, and the City environmental
procedures, and has been found to be exempt from CEQA under Section 15301
(Existing Facilities).
E. The project is exempt from Chapter XII, Article 3, Transportation System
Management, of Title 13 of the Costa Mesa Municipal Code.
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EXHIBIT "B"
CONDITIONS OF APPROVAL (If Project Is Approved)
Ping. 1.
All improvements listed in the applicant's property report shall be
completed in all units under the direction of the Planning staff. In
addition, the applicant shall provide decorative paving and upgraded
landscaping, including increasing in the amount of landscaping by
incorporating more planter areas between buildings and within the
driveway and open parking areas where appropriate, under the direction
of the Planning Division.
2.
Applicant shall contact the Building Safety Division to provide proof that
the Uniform Building Code requirements for condominiums have been
satisfied, and to complete any additional items created through this
conversion, prior to final Planning Division inspection.
3.
Applicant shall treat termite infestations and repair dryrot damage as
recommended by a termite control company prior to Planning Division
final.
4.
The conditions of approval and ordinance or code provisions and special
district requirements of Planning Application PA -06-58 shall be
blueprinted on the face of the site plan.
5.
The applicant shall contact the Planning Division to arrange for an
inspection of the site prior to the final Building Safety Division inspections.
This inspection is to confirm that the conditions of approval and code
requirements have been satisfied.
6.
The applicant shall offer the existing tenants right of first refusal to
purchase the units with terms more favorable than those offered to the
general public. If the existing tenants confirm in writing that they are not
interested in purchasing the units, the property owner will pay the
registration fee for an apartment referral service. The applicant shall
provide Planning Division staff a copy of the written offer and the tenant's
written response to the offer prior to final inspections. The applicant shall
also provide evidence of the payment of the registration fee for an
apartment referral service for tenants not accepting the purchase offer.
7.
The CC&R's shall disclose that the available parking on-site is short of
the current condominium parking standards because of its existing
nonconforming status.
8.
The applicant shall.expand the existing patio areas, where appropriate, to
comply with the minimum 10 -foot by 10 -foot private open space
dimensions per code.
9.
Utility meters shall be screened from view of streets and adjacent
properties.
Bldg. 10.
Comply with all building, plumbing, electrical, and mechanical
corrections listed in the Building Safety Division memo.
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CODE REQUIREMENTS
The following list of federal, state and local laws applicable to the project has been
compiled by staff for the applicant's reference. Any reference to "City" pertains to
the City of Costa Mesa.
Ping. 1.
Approval of the planning action is valid for one (1) year and will expire
at the end of that period unless building permits are obtained and
construction commences, or the applicant applies for and is granted an
extension of time. A written request for an extension of time must be
received by Planning staff prior to the expiration of the planning action.
2.
A tract map shall be processed, approved, and recorded prior to sale
of the individual units.
3.
All garages shall be provided with automatic garage door openers.
4.
CC&Rs and articles of incorporation and bylaws for the homeowners'
association shall be reviewed and approved by both the Planning
Division and the Department of Real Estate (DRE) prior to recordation.
CC&Rs shall include provisions, as required in Costa Mesa Municipal
Code Section 13-41, as well as applicable conditions of approval and
code requirements. The applicant shall provide the Planning Division
proof of review and approval of the CC&Rs by the DRE prior to
recordation. A copy of the recorded CC&Rs shall be submitted to the
Planning Division prior to map recordation.
5.
Included in the required CC&Rs shall be a provision that will permit the
installation of solar heating systems, subject to applicable zoning
district requirements, the Uniform Building Code, and associated
ordinances, and reasonable architectural review by the project's
architectural review committee.
6.
The CC&Rs shall include a provision as to use and maintenance of all
open parking spaces, driveways and common open space.
Eng. 7.
Submit subdivision application and comply with conditions of approval
and code requirements.
8.
Remove any private improvements within the public right-of-way.
Bus. 9.
All contractors and subcontractors must have valid business licenses
Lica
to do business in the City of Costa Mesa. Final inspections will not be
granted until all such licenses have been obtained.
Bldg. 10.
Comply with the requirements of the California Code of Regulations,
Title 24, also known as the California Building Standards Code, as
amended by the City of Costa Mesa.
Fire 11.
Provide approved smoke detectors. to be installed in accordance with
the 2001 Edition of the Uniform Fire Code.
C
SPECIAL DISTRICT REQUIREMENTS
The requirement of the following special district is hereby forwarded to the applicant:
Sani. 1. It is recommended that the developer contact the Costa Mesa Sanitary
District at 949.645.8400 for current district requirements.
VA