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HomeMy WebLinkAbout95-84 - Approving Zoning Action ZA-95-09RESOLUTION NO. S- 94- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING ZONING ACTION ZA-95-09. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Carolina Cohen, authorized agent for Dr. and Mrs. Wilfred Cohen, with respect to real property located at 1855 Capri Circle, requesting a Minor Conditional Use Permit to construct a 550 -square -foot, two-story addition over an existing oversized two -car garage in the R1 zone; and WHEREAS, the Zoning Administrator reviewed and approved Zoning Action ZA-95-09, per the findings and subject to conditions noted in the approval letter to Dr. and Mrs. Wilfred Cohen, dated July 25, 1995; and WHEREAS, an appeal was filed by an interested party on August 4, 1995; and WHEREAS, the Planning Commission denied ZA-95-09 at a duly noticed public hearing on September 11, 1995; and WHEREAS, this application was appealed by the applicant on September 18, 1995; and WHEREAS, the City Council held a duly noticed public hearing on October 16, 1995; NOW, THEREFORE, BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the City Council hereby approves Zoning Action ZA-95-09 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 operation of the business or activity in the manner described in the staff report for Zoning Action ZA-95-09, and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the conditions of approval, then this resolution, and any approvals herein contained, shall be deemed null and void. PASSED AND ADOPTED this 16th day of October, 1995. ATTEST: Deputy City Perk of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) Ma r of the City of Costa Mesa ROVED AS TO FORM, C17Y ATTORNEY I, MARY T. ELLIOTT, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certify that the above and foregoing Resolution No. s - sq - was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16th day of October, 1995. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 17th day of October, 1995. Deputy Oty Clerk and ex -officio Clerk of the City ouncil of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. ZA-95-09 A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-347 in that: 1. The proposed development and use is substantially compatible with developments in the same general area and would not be materially detrimental to other properties within the area. 2. Granting the Minor Conditional Use Permit will not be materially detrimental to the health, safety and general welfare of the public or otherwise injurious to properties or improvements within the immediate neighborhood. 3. Granting the Minor Conditional Use Permit will not allow a use, density or intensity which is not in. accordance with the General Plan desi.gnat:i.orl for the property. 4. The proposed addition will not reduce the landscaped setback or diminish driveway area since it will not encroach further into the setback (10' 5;�" -19' 6%11 ) than the existing structure. B. 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. C. The project is exempt from Article 22;x, Transportation System Management of Title 13, of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. ZA-95-09 Ping.1. Approval of the Zoning Action is valid for one (1) year and will expire at the end of that period unless building permits are obtained and business commences or the applicant applies for and is granted an extension of time. 2. All new construction shall be architecturally compatible with regard to building materials, style, colors, etc. with the existing structure. Plans submitted for plan check shall indicate how this will be accomplished. 3. The applicant shall contact the Planning Division to arrange for a "Special Requirements" inspection of the site prior to the release of utilities. This inspection is to confirm that the Conditions of Approval and Code Requirements have been satisfied. 4. Windows on the westerly elevation shall be of an obscured glass or frosted pane material. 5. The front (northerly) elevation and westerly setback landscaping shall be designed to provide visual relief and noted on working drawings. 6. A Land Use Restriction executed by and between the applicant and the City of Costa Mesa shall be recorded prior to the issuance of building permits. The applicant shall stipulate that the second story addition above the garage shall function as a study/hobby room only and cannot become a second unit. Applicant shall submit to the Planning Division a copy of the legal description for the property, and either a Lot Book Report or current Title Report identifying the current legal property owner so that the document may be prepared. 7. The Conditions of Approval and Code Requirements of Zoning Action ZA-95-09 all be blueprinted on the face of the site plan. 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. Ping.l. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. Minimum inside, unobstructed garage dimensions of 20' by 20' shall be maintained. Bldg. 3. Comply with the requirements of the Uniform Building Code as to design and construction. APPL. ZA-95-09 Eng. 4. A Site Access permit and deposit of $350 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 5. Maintain the, public right-of-way in a "wet -down" condition to the degree necessary to prevent excessive dust and periodically remove any spillage from the public right-of-way by sweeping or sprinkling. 6. Haul routes must be approved by the Engineering Division, prior to approval of the Site Access Permit. 7. Fulfill Drainage Ordinance Fee requirements prior to approval of plans. Fire 8. Provide approved smoke detectors to be installed in accordance with the 1991 Edition of the Uniform Fire Code. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special district is hereby forwarded to the applicant: Sani. 1. Applicant shall pay all applicable Sanitary District fixture fee charges (754-5307).