Loading...
HomeMy WebLinkAbout07-61 - Approving Planning Application PA-07-02 and Tentative Tract Map T-16990RESOLUTION NO. 07.61 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -07-02 AND TENTATIVE TRACT MAP T-16990 AT 372, 378, AND 382 VICTORIA STREET. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Bryan Coggins of The Preface Group, as authorized agent for property owners, 372 Victoria Street, LLC, Victoria Street Development Company, LLC, and CF Enterprises; WHEREAS, the proposed project involves the following: (1) Rezone R-07-02 for a rezone of the properties from R2-HD/R3 (Multiple -Family Residential) to PDR -HD (Planned Development Residential — High Density); (2) Planning Application PA -07-02 for a Master Plan for a 30 -unit single-family, detached common -interest development; and (3) Tentative Tract Map T-16990 to subdivide the property for condominium purposes; WHEREAS, the project site is real property located at 372, 378, and 382 Victoria Street totaling 1.68 acres; WHEREAS, the proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and is considered an exempt activity under CEQA Guidelines Section 15332, Class 32, related to infill development; WHEREAS, duly noticed public hearings were held by the Planning Commission on May 29, 2007 and by the City Council on July 3, 2007 to allow for public comment on the proposed project and with all persons having been given the opportunity to be heard both for and against the proposed project; WHEREAS, the Planning Commission adopted Resolution PC -07-43 which recommended the following actions to City Council: (1) give first reading to Ordinance for Rezone R-07-02 to change the zoning classification of the 1.68 -acre subject site from R2 - HD and R3 (Multiple Family Residential) to PDR -HD (Planned Development Residential — High Density); (2) approve Planning Application PA -07-02 and Tentative Tract Map T- 16990, subject to conditions; WHEREAS, City Council gave first reading to the Ordinance for Rezone R-07-02 by separate motion; BE IT FURTHER RESOLVED that the 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 Rezone R-07-02/Planning Application PA -07-02/T- 16990, based on the findings contained in Exhibit "A", 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, this Resolution, and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 3rd day of July, 2007. ATTEST: J lie Folcik, City Clerk Allan -ft.- Mansoor, Mayor APPROVED AS TO FORM: Kimberly Hall Barlow, City Attorney 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. 07-61 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of July, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: DIXON IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 5t" day of July, 2007. Qx(-40 C--� JULI FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" FINDINGS R-07-02/PA-07-02/T-16990 A. Rezone R-07-02 is consistent with the General Plan and Zoning Code, as amended. The rezone to PDR -HD is within the development capacity of the General Plan and would not exceed the maximum allowable density of the High -Density Residential land use designation. The rezone also included an analysis of the interface and compatibility between existing residential uses and the proposed three-story structures and was found to be compatible with the adjacent residential properties. B. The proposed master plan for a residential common interest development project and related improvements provide for residential home ownership and are in conformance with the goals, policies, and objectives of the Costa Mesa General Plan and provisions of the Zoning Code. Specifically, the master plan is in conformance with the broader goals of the General Plan for a single-family residential condominium project and exhibits excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. While the proposed master plan does not reflect the minimum/average lot sizes of traditional small -lot subdivisions in the City, these minimum/average lot size requirements are not applicable in planned development zones. Overall the proposed master plan represents a desirable product type in conformance with the General Plan. C. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: a. The proposed development and use is compatible and harmonious with uses both onsite as well as those on surrounding properties. Specifically, the proposed high- density residential development will replace existing structures originally built in the 1940s and 1950s. New minimum 6 -foot tall perimeter block walls will provide noise attenuation and privacy from the adjacent properties. b. Safety and compatibility of the design of the buildings, parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. The project shall provide a standard residential drive approach from Victoria Street that shall be ungated to avoid vehicle queuing from the public street. c. The planning application is for a project -specific case and does not establish a precedent for future development. d. The cumulative effects of Rezone R-07-02, Planning Application PA -07-02, and Tract Map T-16990 have been considered. D. The project meets the purpose and intent of the Residential Design Guidelines which are intended to promote design excellence in new residential construction, with consideration given to compatibility with the established residential community. First, although the proposed units exceed the 80 percent second floor to first floor ratio recommended in the City's Residential Design Guidelines, the building massing will be primarily visible from within the development. Second, architectural treatments provide visual enhancements in the R-07-02/PA-07-02/T-16990 place of physically articulated wall planes. Third, the project features.a 1.0-foot.side setback along the side property lines as recommended by the Residential Design Guidelines. Fourth, varied building materials and architectural elements (custom garage doors, wrought iron fencing, wooden shutters, stucco elements, enhanced entry porches, and balconies) contribute to a well-designed residential project. E. In conformance with the General Plan, the proposed project gives consideration to adequate light and air to adjoining neighbors. The Planned Development Residential zone allows building height up to four stories. The proposed structures are three stories/33 feet in height. While the proposed structures are 7 feet higher than a two story/27-foot tall residence, the project observes increased side setbacks of 10 feet which help minimize shade/shadow effects. Overall the project is found to be compatible with the adjacent residential properties. F. In accordance with State Law, the project has been reviewed for compliance with the California Environmental Quality Act and is considered an exempt activity under CEQA Guidelines Section 15332, Class 32, related to infill development Thus, the evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on the environment. G. The proposed project complies with minimum requirements for fire apparatus access through the provision of a 20 -foot wide drivable area. Due to the 292 -foot depth of the lot, the challenges associated with fire access may be minimized by the installation of residential sprinkler systems for all 30 dwelling units and two on-site fire hydrants to be installed pursuant to the direction of the Fire Marshal. H. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by Government Code Section 66473.1. The future subdivision for condominium purposes and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights- of -way and/or easements within the tract. The subdivision map application shall be processed and approved by the City prior to issuance of building permits to ensure compliance with the Subdivision Map Act requirements and provision of ownership dwelling units. The discharge of sewage from this subdivision into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). K. The project is subject to the City's adopted Traffic Impact Fee Program. The purpose of the fee is to fund the necessary transportation/circulation improvements which are related directly to the incremental traffic impacts imposed on the City's transportation system by new developments or expansion of existing developments. In accordance with the City of Costa Mesa Municipal Code Section 13-274(e), the developer of any development project subject to traffic impact fees may apply to the City Council for a waiver of the fee, or portion of the fee, based upon adequate documentation of the absence of any reasonable relationship or nexus between the circulation impacts of that development and the fee amount charged. R-07-02/PA-07-02/T-16990 L. The proposed use of the subdivision is for residential ownership purposes which are compatible with the objectives, policies, general plan land use designation, and programs specified in the City of Costa Mesa 2000 General Plan. M. The subject property is physically suitable to accommodate Tract Map T-16990 in terms of type, design, and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the City's Zoning Code and General Plan. N. The subdivision will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights-of-way and/or easements within the subdivision. EXHIBIT "B" CONDITIONS OF APPROVAL R-07-02/PA-07-02/T-16990 Ping. 1. 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. 2. The approval of PA -07-02 and T-16990 is contingent upon City Council's final approval of the Rezone R-07-02 and shall not become effective until all other discretionary approvals are final and become effective. 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. The conditions of approval or code provisions of PA -07-02/T-16990 shall be blueprinted on the face of the site plan as part of the plan check submittal package. The project shall comply with these requirements. 5. All residential units shall be "for sale" units. The site shall not be developed for apartments or other non owner -occupied units. The subdivision map must be final and recorded prior to issuance of building permits. 6. Street addresses shall be displayed on the front of each unit and on a complex identification sign visible from the street. Street address numerals shall be a minimum 6 inches in height with not less than'/2-inch stroke and shall contrast sharply with the background. 7. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public stormwater facilities, subsurface drainage collection systems and/or sumps with mechanical pump discharge in -lieu of gravity flow. If mechanical pump method is determined appropriate, said mechanical pump(s) shall continuously be maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. No cross lot drainage to adjacent properties shall be allowed. 8. To avoid an alley -like appearance, the private street shall not be entirely paved with asphalt nor be developed with a center concrete swale. The entry/exit drive of the private street shall be made of stamped concrete or pervious pavers. The final landscape concept plan shall indicate the landscape palette and the design/material of paved areas, and the landscape/hardscape plan shall be approved by the Planning Division prior to issuance of building permits. 9. The final landscape plan shall include recommended trees from the Appendix B and Appendix D of the Streetscape and Median Development Standards. Specifically, the front landscaped setback shall include Pistacia chinensis/Pinus canariensis/Tristania conferta or other tree species as deemed acceptable by the Development Services Director. 10. The site plan submitted with initial working drawings shall contain a notation R-07-02/PA-07-02/T-16990 specifying that the project is a single-family detached common interest development and shall specify the ultimate interior property lines. 11. The applicant shall contact the Planning Division to arrange Planning inspection of the site prior to the release of occupancy/utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 12. Prior to issuance of building permits, applicant shall submit an acoustical study completed by a qualified acoustical engineer to verify the minimum height requirements for a sound wall or minimum building construction standards to comply with the City's Noise Ordinance for interior and exterior areas of the residential development. 13. Prior to issuance of certificate of occupancy, the applicant shall construct a minimum 6 -foot tall decorative block/sound wall around the perimeter of the project site. Where walls on adjacent properties already exist, the applicant shall work with the adjacent property owner(s) to prevent side-by-side walls with gaps in between them and/or provide adequate privacy screening by trees and landscaping. The block wall shall be constructed of slumpstone block at least 6 inches thick and shall be of consistent color and texture (Orco Block — La Paz) or match any existing masonry walls within the immediate street segment. Brick trim caps are required on all block walls. Refer to Section 8.06 of the City's Streetscape and Median Development Standards or contact the Planning Division for more information on this requirement. 14. The applicant shall contact the current cable service provider prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 15. To the fullest extent possible, the landscape plan shall feature 24 -inch box trees and 5 -gallon shrubs that exceed the minimum size requirements of trees and shrubs as described in the City's landscaping standards to the satisfaction of the Development Services Director. The landscape plan shall also show decorative treatment (i.e. turf block, brick, aggregated) within the private driveway. The landscape plan shall be approved prior to issuance of building permits. 16. If the project is constructed in phases, the decorative perimeter block/noise wall, landscaping within the street setback areas, and irrigation shall be installed prior to the release of utilities for the first phase. 17. Closets in the first -floor family room are prohibited. The applicant shall ensure that closets are not shown in any of the floor plans of the different plan models. 18. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, removal of building articulation, design modifications to the custom-made garage doors, or a change of the finish material(s), shall be made during construction without prior Planning Division written approval. Failure to obtain prior Planning Division approval of the modification could result in the requirement of the applicant to (re)process the modification through a discretionary review process, or in the requirement to modify the construction to reflect the approved plans. 19. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 20. The guest and resident only parking stalls shall be clearly distinguished either by signage, labeling the wheel stops, or other means as deemed appropriate by the Development Services Director prior to issuance of the first certificate of occupancy. A sign shall be posted indicating that violators shall have their vehicles towed at the vehicle owner's expense. R-07-02/PA-07-021T-16990 21. Minimum 3.6' inch high concrete/steel bollards shall be installed. between the homes located on Lot 6, Lot 10, Lot 21, and Lot 25 and the open parking lots provided for guest parking prior to issuance of the first certificate of occupancy. 22. Applicant shall submit floor plans for all models, including reverse plan models, with the working drawings for plan check. 23. There shall be minimal nighttime lighting, primarily security purposes, of the common areas. Any lighting under the control of the applicant shall be directed in such a manner so as to not unreasonably interfere with the quiet enjoyment of the nearby residences abutting the project site. 24. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 25. All backflow prevention devices, transformers, and other utility or ground - mounted equipment shall not be located in any landscaped setback visible from the street, except when required by applicable uniform codes, and shall be screened from view, under the direction of Planning Staff. The applicant shall show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.) on the initial working plans. 26. The project site shall be graded in a manner to eliminate the necessity of retaining walls within the project site to the maximum extent feasible. This condition excludes the proposed perimeter retaining walls along the development lot lines. 27. Applicant shall submit a written determination from the Sanitary District and/or any contract trash collection service that on-site trash collection service can be provided to each individual dwelling unit. In addition, applicant shall sign and record a land use restriction prohibiting trash collection in the public right- of - way; if adequate, screened on-site storage for trash containers is provided; and with a limitation of no more than two trash containers per dwelling unit. Proof of compliance will be required prior to issuance of building permits. 28. Construction, grading, materials delivery, equipment operation or other noise - generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 6 p.m. on Saturday. Construction is prohibited on Sundays and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. 29. Prior to issuance of building permits, the applicant shall provide the Conditions, Covenants, and Restrictions (CC&Rs) to the Development Services Director and City Attorney's office for review. The CC&Rs must be in a form and substance acceptable to, and shall be approved by the Development Services Director and City Attorney's office. The CC&Rs shall contain provisions that effectively implement the following parking -related requirements: (1) require that the homeowner's association (HOA) require homeowners to maintain a 20' x 20' unobstructed area in their enclosed garages to allow parking of two vehicles instead of any other purpose (e.g. storage); (2) require that the HOA contract with a towing service to enforce the parking regulations; and (3) require guest open parking spaces to be available for use for everyone in the development, inclusive of guests, residents, and any other authorized persons. Any subsequent revisions to the CC&Rs related to these parking provisions must be reviewed and approved by the City Attorney's office and the Development Services Director :.. Trans Eng R-07-02/PA-07-02/T-16990 before they become effective. 30. Applicant shall provide proof of establishment of a homeowner's association prior to release of any utilities. 31. Garages for individuals units shall be equipped with automatic garage door openers and 18' wide, roll -up garage doors. 32. Prior to building permit issuance, the applicant shall submit a final tot lot plan for review and approval, which includes detailed playground specifications of manufactured play equipment. The playground plan shall depict safety fall zones, safety surfacing materials and construction specifications, manufacturer and model numbers of equipment and equipment deck heights. On a project -specific basis, the Development Services Director shall require that the playground plan adequately serve the anticipated number of users and their activities. 33. Stationary play equipment in the tot lot shall be located on turf, sand, or other treated surface to the satisfaction of the Development Services Director. Common outdoor play areas shall include a combination of both soft and hard surfaces. At least one of each type of ground level play equipment in the tot lot shall be handicapped accessible. A minimum of one shaded seating area shall be provided in the tot lot to encourage adult supervision of children. 34. Prior to issuance of a certificate of occupancy, the applicant shall submit a letter stating that the play equipment installation has been inspected by a person authorized by the manufacturer, that the equipment has been installed per manufacturer's specifications, and that it complies with the minimum playground safety regulations adopted by the State of California (California Code of Regulations, Title 22, Division 4, Chapter 22). 35. The applicant shall provide a minimum 42 -inch high, reinforced, combination block wall/wrought iron fence with a self -latching gate to serve as a vehicle safety barrier around the perimeter of the tot lot. Any alternative barrier meeting the intent of this requirement may be approved by the Development Services Director. This barrier shall be installed prior to issuance of the first certificate of occupancy. 36. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 37. Applicant shall submit a soils report to the Building Division for this project concurrently with the submission of grading plans. One boring shall be at least 15 feet deep. Soils report recommendations shall be blueprinted on the plans. 38. Applicant shall submit grading, drainage, and erosion control plans for this project. 39. Applicant shall close unused drive approach(es) with curb and gutter. 40. The Type II residential drive approach shall be constructed to suit approved entry design to the satisfaction of the Transportation Manager. Drive aisles, parking stall configurations, and turning radius must comply with the City's parking design standards. Applicant shall comply with minimum clearance requirements from property lines and vertical obstructions. 41. Vehicle Entry/Security gates shall be prohibited unless an acceptable security gate plan is approved by the Transportation Manager at a later date. 42. Applicant shall provide 18 -foot wide garage doors for all units. 43. Aisle width shall be a minimum of 20 -feet at all landscaped planters. 44. Maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping R-07-02/PA-07-02/T-16990 or sprinkling. 45. Applicant shall contact the Engineering Division to discuss requirements for on- site retention of stormwater flows. 46. Applicant shall comply with all of the engineering conditions for Tract Map T- 16990 as set forth in the City Engineer's letter to the applicant dated April 16, 2007. Fire 47. Overhangs, eaves, awnings, etc. shall not encroach into the fire access area along the driveway. 48. Provide Residential Fire Sprinklers per NFPA Standard 13R for all dwelling units and two on-site fire hydrants to be located pursuant to the direction of the Fire Marshal.