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HomeMy WebLinkAbout96-63 - Approving Planning Action PA-96-28RESOLUTION NO. Q6 - � 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ACTION PA -96-28. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Kerry Smith of Harbinger Homes, Inc., authorized agent for G & H Holdings, with respect to real property located at 2165 Tustin Avenue, and at 379, 381, 383, 385, 386, and 388 Thetford Way, requesting variances from rear yard setback requirements (20 feet required, 5 feet proposed), back -out aisle requirements (35 feet required, 22 feet proposed), and minimum driveway length requirements (19 feet required, 18 feet proposed), in conjunction with demolition of 7 units and construction of 12 single-family detached units in the R2 -MD (pending) zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on May 28, 1996; and WHEREAS, this application was appealed by residential neighbors on May 31, 1996; and 1996; WHEREAS, the City Council held a duly noticed public hearing on July 1, 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 ADOPTS the Negative Declaration and APPROVES Planning Action PA -96-28 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 Planning Action PA -96-28 and Tentative Tract Map T-15293, 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 1st day of July, 1996. ATTEST: Deputy City lerk of the City of Costa Mesaay r of the City of Costa Mesa STATE OF CALIFORNIA ) APPROVED AS TO FORM COUNTY OF ORANGE ) ss (GAO CITY OF COSTA MESA ) CITY 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. 9(- - 6 3 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 1st day of July, 1996. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 2nd day of July, 1996. Deputy Cityl Clerk and ex -officio Clerk of the City CotYncil of the City of Costa Mesa EXHIBIT "A" PLANNING STAFF FINDINGS APPL. PA -96-28 A. The information presented substantially complies with Section 13-346 of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the Variances from rear yard setback, back -out aisle and minimum driveway length requirements in conjunction with a detached 12 -unit residential project. Strict applica- tion of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. Specifically, the project site abuts a school field to the west, which will not be impacted or create impacts by reduced rear yard setback of 51. The 23' back -out aisle will not result in maneuver- ability problems because of the size of each proposed driveway constitutes an oversized parking stall and the aisle will have limited traffic because it serves as a private street for this project. The proposed roll -up garage doors do not require additional clearance to operate, unlike the swing -up garage doors. Therefore, the 18' driveway length proposed will be adequate for parking purposes. The project itself will be compatible in design and appearance with adjacent single- family residences and the neighborhood and will provide addi- tional ownership housing opportunities, in accordance with the Housing Element of the City's General Plan. Granting of the Variance will not allow a use, density, or intensity which is not in accordance with the General Plan designation for the property. B. An Initial Study was prepared, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment, according to the Initial Study and Negative Declaration, which reflect the independent judgement of the City of Costa Mesa, there will not be a significant effect on the environment because mitigation measures have been added to the project. C. The project, as conditioned, is consistent with Article 22%, Transportation System Management of Title 13, of the Costa Mesa Municipal Code •in that the development project's traffic impacts will be mitigated at by the payment of traffic impact fees. D. The evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat. E. The evidence in the record as a whole rebuts the presumption of adverse effect on wildlife resources as described in Section 753.5(d) of Title 14, California Code of Regulations. EXHIBIT "B" CONDITIONS OF APPROVAL APPL. PA -96-28 Ping. 1. Approval of PA -96-28/T-15293 is not effective until annexation of the property to the City is completed. 2. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. 3. Prior to issuance of building permits, applicant shall contact the U.S. Postal Service with regard to location and design of mail delivery facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan. 4. Street addresses shall be displayed on the complex identification sign or, if there is no complex identification sign, on the building fascia adjacent to the main entrance or front door in a manner visible to the public street. Street address numerals shall be a minimum 6" in height with not less than 1/2" stroke and shall contrast sharply with the background. .Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than 1/4" stroke and shall contrast sharply with the background. S. Except as necessary for drainage, existing grades at property lines shall be maintained. 6. Turnaround area(s) shall be striped and marked for no parking. 7. To avoid an alley -like appearance, if the driveway is paved with asphalt, it shall be developed without a center concrete swale. Design shall be approved by the Planning Division. 8. Enhanced pavement/stamped concrete shall be provided in the first 20' of the driveway -entry of the project. Design shall be approved by the Planning Division. 9. All garage doors shall be sectional roll -up type doors, of a design and color to match the proposed building elevations. 10. Installation of a 6' high solid opaque (decorative or embellished) wall shall be required along the parcel property lines and between all residential lots, under the direction of the Planning Division. Walls proposed in the front 10' setback shall not exceed 21611 in height. 11. It is recommended that the applicant contact Continental Cablevision of Costa Mesa, Inc., at 200 Paularino, Costa Mesa, (546-2946) prior to construction to arrange for pre -wiring for future cable communication service. 12. The Conditions of Approval and Code Requirements of Planning Action PA -96-28 and T-15293 shall be blueprinted on the face of the site plan. APPL. PA -96-28 13. The applicant shall contact the Planning Division to arrange for a "Special Requirements" inspection of the site prior to the release of occupancy. This inspection is to confirm that the Conditions of Approval and Code Requirements have been satisfied. *14. In order to minimize both volume and velocity of surface runoff onto adjacent properties, detailed on- and off- site grading plans shall be submitted to the City Engineer and Building Division. The plans shall address subsurface drains, pump equipment, on-site retention basins, appropriate grading, landscape programs or other measures. *15. Maintain site in a "wet -down" condition to the degree necessary to prevent excessive dust. Periodically remove spillage from the public right-of-way by sweeping or sprinkling. *16. Demolition permits for all existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the South Coast Air Quality Management District (SCAQMD) may be required ten (10) days prior to demolition if asbestos is present, in order to comply with SCAQMD requirements. *17. The project landscape plan shall incorporate a sufficient number of trees to replace existing mature trees. Minimum tree size to satisfy the City's landscape ordinance shall be 24 -inch box; a minimum of 5001 of all trees shall be 36 -inch box size. *18. Demolition, grading and construction noise shall not take place between 8 p.m. and 7 a.m. Trans19. Close unused drive approach(es) with full height curb and gutter. 20. Construct commercial driveway approach (es) at location (s) specified on submitted plan. * Theses conditions of the Negative Declaration have been included as Conditions of Approval. If any of these conditions are removed, the decision-making body must make a finding that the project will still not result in .significant environmental impacts and that the Negative Declaration is still valid. 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 or the applicant applies- for and is granted an extension of time. 2. Approval of the Tentative Tract Map is valid for two (2) APPL. PA -96-28 years and will expire at the end of that period unless the applicant applies for and is granted an additional 12 -month extension of time. 3. 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. 4. Permits shall be obtained for all signs, according to the provisions of the Costa Mesa Sign Ordinance. 5. Development shall comply with all requirements of Article 8-1/2, Chapter II, (and Article 2, Chapter XII) Title 13 of the Costa Mesa Municipal Code. 6. All garages shall be provided with automatic garage door openers. 7. 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 archi- tectural review committee. 8. The CC&Rs shall include a provision as to use and maintenance of all guest parking spaces, driveways and .common open space. 9. 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 13-827 and 13-829, 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 the release of utilities for the units. 10. On-site parking shall be in assigned spaces only. CC&Rs shall contain restrictions prohibiting parking on the common (private street) driveway. 11. Parking stalls shall be double -striped in accordance with City standards. 12. All on-site utility services shall be installed underground. 13. Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation shall, be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division. 14. Four (4) sets of detailed landscape and irrigation plans shall be required as part of the project plan check review and approval process. Three (3) sets shall be provided to the representative Water Agency and one (1) set shall be submitted to the Planning Division for APPL. PA -96-28 review. Plans shall be approved by the Water Agency with two (2) approved sets forwarded by the applicant to the Planning Division for final approval prior to issuance of building permits. 15. Two (2) sets of landscape and irrigation plans, approved by both the Water Agency and the Planning Division, shall be attached to two of the final building plan sets. 16. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-263 through 13-266 as well as irrigation requirements set forth by the Water Agency. Consult with the representative for Mesa Consolidated Water District, Ray Barela - 631-1291, for requirements. 17. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 18. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland cement concrete curbing. 19. Trash enclosures) or other acceptable means of trash disposal shall be provided. Design of trash enclosure (s) shall conform with City standards. Standard drawings are available from the Planning Division. 20. In compliance with the City's Mitigation Monitoring Program, the applicant shall submit a compliance report to the Planning Division along with plans for plan check, or prior to commencement of the project's activity if no construction is involved, that lists each mitigation measure and states when and how the mitigation measures are to be met. Comm 21. Street trees in the front setback shall meet with Svc. the approval of the Community Services Department. Street trees shall be Pyrus calleryana Bradfordi, 15 - gallon minimum size, spaced at 30' on center. Bldg.22. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations Eng. 23. At the time of development submit for approval an Off- site Plan to the Engineering Division and Grading Plan to the Building Department that shows sewer, water, existing parkway improvements and the limits of work on the site, and hydrology calculations, both prepared by a civil engineer or architect. Site access approval must be obtained prior to Building or Engineering Permits being issued by City of Costa Mesa. Pay Offsite Plan Check Fee to the Engineering Division. An approved Offsite Plan and fee shall be required prior to Engineering/Utility Permits being issued by the City. 24. A Site Access permit and deposit of $500 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 25. Haul routes must be approved by the Engineering Division, prior to approval of the Site Access Permit. 26. Submit required cash deposit or surety bond to guarantee APPL. PA -96-28 construction of offsite street improvements at time of permit per Costa MEsa Municipal Code Section 15-32, and as approved by City Engineer. Cash deposit or surety bond amount to be determined by the City Engineer. 27. Obtain a permit from the Engineering Division, at the time of development and then construct P.C.C. residential sidewalk per City of Costa Mesa Standards as shown on the off-site plan, including four (4) feet clear around obstructions in the sidewalk. 28. Obtain a permit from the Engineering Division, at the time of development and then modify P.C.C. driveway approach per City of Costa Mesa Standards as shown on the off-site plan to meet ADA requirements. Location and dimensions are subject to the approval of the Transportation Services Manager. 29. Obtain a permit from the Engineering Division, atthe time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 30. Private on-site drainage facilities and parkway culverts or drains will not be maintained by the City of Costa Mesa; they shall be maintained by the owner or developer of the property. 31. Prior to recordation of a final tract map, the surveyor/ engineer preparing the map shall tie the boundary of the map into the Horizontal Control System established by the County Surveyor in a manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 32. Prior to recordation of a final tract map, the surveyor/ engineer preparing the map shall submit to the County Surveyor a digital -graphics file of said map in a• manner described in Sections 7-9-330 and 7-9-337 of the Orange County Subdivision Code and Orange County Subdivision Manual, Subarticle 18. 33. Comply with conditions for T-15293. Trans34. Fulfill mitigation of off-site traffic impacts by submitting to the Planning Division the required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic impact Fee is calculated based upon the average daily trip generation rate of10 trip ends per dwelling unit for the proposed single-family use and includes a credit for any existing use. At the current rate of $200 per trip end, the Traffic Impact Fee is estimated as $10,000. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani 1. Developer will be required to construct sewers to serve this project, at his own expense, meeting the approval of APPL. PA -96-28 the Costa Mesa Sanitary District. 2. County Sanitation District fees, fixture fees, inspection fees, and sewer permit required prior to installation of sewer. To receive credit for buildings to be demolished, call 754-5307 for inspection. 3. Developer shall submit a plan showing sewer improvements to the District Engineer's Office - 631-1731. 4. Developer must contact the Costa Mesa Sanitary District at (714) 754-5307 on trash collection requirements or exemptions for this project. Schl. 5. Applicant shall submit proof that applicable developer fee has been paid to the Newport Mesa Unified School District (556-3241) prior to the issuance of building permits. F&G 6. In compliance with AB 3158 (Chapter 1706, Statutes of 1990), applicant shall submit a check to the Planning Division of $38.00, made payable to the County Clerk within seven (7) days of project approval. Approval of this project will not be vested or final until the filing fee (required under Section 711.4 of the State of California Department of Fish and Game Code) has been paid. [PRC 21089(b)].