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HomeMy WebLinkAbout98-09 - Approving Minor CUP and the Variance for Planning Application PA-97-54RESOLUTION NO. 98-9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE MINOR CONDITIONAL USE PERMIT AND THE VARIANCE FOR PLANNING APPLICATION PA -97-54. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Kevin Coleman, with respect to the real property located at 1880 Maui Circle, requesting approval for a minor conditional use permit to allow excess garage area with a variance from side setback requirements in the R1 zone; and WHEREAS, the Planning Commission approved the minor conditional use permit for Planning Application PA -97-54 but denied the variance at their meeting of December 22, 1997; and WHEREAS, the applicant appealed the Planning Commission's decision to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on January 19, 1998; 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 of the City of Costa Mesa hereby adopts the Negative Declaration and approves the minor conditional use permit and the variance for Planning Application PA -97-54 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 -97-54, 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 recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 19h day of January, 1998. Mayor of the City of st Mesa ATTEST: -1. Qt,�� Deputy City Oerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ► ss CITY OF COSTA MESA) AS TO FORM PROVED (C..-OL.4 0-14-51 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. 98- q was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19th day of January, 1998. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 20" day of January, 1998. Deputy C' Clerk and ex -officio Clerk of the City C ncil of the City of Costa Mesa EXHIBIT "A" FINDING APPL. PA -97-54 1. Special circumstances exist because of the lot size, width, and topography of the property. APPL. PA -97-54 EXHIBIT "B" (If variance from side setback requirements is approved) CONDITIONS OF APPROVAL Ping. 1 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. 2. Street address shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the public street. Numerals shall be a minimum 6" in height with not less than '/2 " stroke and shall contrast sharply with the background. 3. The total garage area shall not exceed 904 sq.ft. 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. All contractors and subcontractors must have valid business licenses to do business in the city of Costa Mesa. Final inspections and utility releases will not be granted until all such licenses have been obtained. Bldg. 2. Comply with the requirements of the Uniform Building Code as to design and construction. Fire 3. Provide approved smoke detectors to be installed in accordance with the 1991 Edition of the Uniform Fire Code. Eng. 4. A site access permit and deposit of $350.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. SPECIAL DISTRICT REQUIREMENTS The requirement of the following special district is hereby forwarded to the applicant: School 1. Applicant shall submit proof that applicable development fee has been paid to the Newport Mesa Unified School District (424-7530) prior to the issuance of building permits.