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HomeMy WebLinkAbout07-69 - Approving Planning Application PA-06-78 and Tentative Tract T-17142RESOLUTION NO. 07- 69 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -06-78 AND TENTATIVE TRACT T-17142. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Barry Saywitz, owner of the real property located at 577 and 579 Victoria Street, requesting approval to convert an existing 12 -unit apartment complex into a common interest development (condominiums), to allow the units to be sold independent of one another, with a tentative map to facilitate the conversion, in an R2 -MD zone; and WHEREAS, duly noticed public hearings were held by the Planning Commission on April 23, 2007 and July 9, 2007, and Planning Application PA -06-78 and Tentative Tract T-17142 were approved, subject to additional conditions of approval; and WHEREAS, on July 17, 2007, an additional condition of approval imposed by the Planning Commission requiring the removal of three units (condition number 33) was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on August 21, 2007. 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 Planning Application PA -06-78 and Tentative Tract T-17142, as conditioned, for 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 -06-78 and Tentative Tract T- 17142 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 21St day of August, 2007. ATTEST: Jul i olcik, City Clerk . &Z Allan R. Mansoor, Mayor APPROVED AS TO FORM: -- k- IL-� A"'`�' Kimberly KaIrBarlow, 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. 07-69 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 21St day of August, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 22nd day of August, 2007. JU FOLCIK, CITY CLERK 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 diminish affordable housing stock within the City. Conversion of the apartments will result in a general 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, a condition is included to require that current tenants be offered right of first refusal to purchase, or the property owner pay registration fees for an apartment search service mutually acceptable to both parties 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: b. The project is compatible and harmonious with existing development and uses in the general neighborhood. c. 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. d. The project is consistent with the General Plan's Land Use and Housing Element goals and objectives for additional ownership housing and to improve the balance between rental and ownership housing opportunities within the City. e. The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. C. The proposed single lot airspace subdivision is consistent with the City's General Plan and Zoning Ordinances. D. Approval of the subdivision will allow additional home ownership opportunities without impacting affordable rental housing. This is consistent with the objectives, policies,. general land use, and programs specified in the General Plan. E. The subject property is physically suitable to accommodate T-17142 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. F. 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. G. The subdivision and development of the property will not unreasonably interfere with the free and complete exercise of the public entry and/or public utility rights-of-way and/or easements within the tract. H. 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). I. 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). J. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. CONDITIONS OF APPROVAL Ping. 1. The following improvements shall be made: a. All improvements listed in the property report prepared by Stern Architects dated December 14, 2007 shall be completed under the direction of the Planning staff. b. Applicant shall treat termite infestations and repair dryrot damage as recommended by a termite control company prior to Planning Division final. 2. The address of the property and the individual units shall be blueprinted on the site plan and on all floor plans in the working drawings as part of the plan check submittal package. 3. Street addresses shall be displayed on the complex identification sign or, if there is no complex identification sign, on the wall in a manner visible to the public street. Street address numerals shall be a minimum 6" in height with not less than Y2" 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'/" stroke and shall contrast sharply with the background. 4. Applicant shall contact the Building Safety Division, prior to the release of utilities for any units, to provide proof that the Uniform Building Code requirements for condominiums have been satisfied, to obtain a change in occupancy permit, and to complete any additional items created through this conversion. 5. The site plan shall show provisions for the placement of centralized mail delivery units, if applicable. Specific locations for such units shall be to the satisfaction of the Planning Division, Engineering Division, and the US Postal Service. 6. The conditions of approval, code requirements, and special district requirements of Planning Application PA -06-78 and Tentative Tract T- 17142 shall be blueprinted on the face of the site plan in the working drawings. 7. The applicant shall contact the Planning Division to arrange for an inspection of the site prior to the final Building Division inspections. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 8. The applicant shall offer the existing tenants right of first refusal to purchase any of the units with terms more favorable than those offered to the general public. The right shall run for a period of not less than 90 days unless the tenant gives prior written notice of his or her intention not to exercise the right. If an existing tenant confirms in writing that he/she is not interested in purchasing any of the units, the applicant shall register the tenant with an apartment/rental referral service that is mutually acceptable to the applicant and tenant, and if a registration fee is required, the applicant shall pay said fee. The applicant shall provide the Planning Division staff a copy of the written offer and the tenant's written response prior to map recordation. The applicant shall also provide written evidence that all tenants not accepting the purchase offer are registered with an apartment/rental referral service and the registration fee has been paid, if applicable. 9. The CC&R's shall require that garage spaces be used for parking purposes only. Any changes made to this provision shall require prior review and approval by the City of Costa Mesa. 10. 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. 11. Exterior facade improvements shall be required that are consistent with the City's Residential Design Guidelines, i.e., belly banding, window treatments, application of siding treatments, etc. to enhance overall appearance. 12. The exterior of all building elevations shall be completely repainted, unless recently painted within 1 or 2 years of application submittal. At a minimum two colors should be used (three colors recommended). 13. Energy efficient exterior doors and windows shall be installed on all building elevations. 14. Underground overhead power line connections, if allowed by the utility company. 15. Rain gutters shall be installed on all appropriate building elevations. 16. Broken sidewalks, driveways, or other hardscape improvements shall be replaced. 17. Repair, replace, or construct interior property walls and/or fences. 18. Screen utility meters, pedestals, etc. from the public right-of-way in a manner subject to approval by the Planning Division. 19. Replace all appliances, water heaters, and interior and exterior light fixtures with Energy Star (or better) rated appliances/fixtures, including a programmable heating system, unless the applicant demonstrates that the existing appliances, etc. are energy efficient. 20. All water heaters shall be placed appropriately on a platform and strapped. 21. Provide a washer/dryer hook-up in either the interior of every unit (not within garages). 22. Provide appropriate interior separation of any common attic space areas. 23. Upgrade attic insulation to the maximum extent feasible. 24. All required smoke detectors shall be hardwired. 25. Applicant shall contact the Building Safety Division, prior to the release of utilities for any units, to provide proof that the Uniform Building Code requirements for condominiums have been satisfied, to obtain a change in occupancy permit, and to complete any additional items created through this conversion. 26. The applicant shall show proof of compliance with _ all applicable conditions of approval and code requirements prior to recordation of the final map. This condition shall be completed under the direction of the Planning Staff. Bldg. 27. Comply with all building, plumbing, electrical, and mechanical. corrections listed in the January 10, 2007, Building Safety Division memo. Eng. 28. Comply with requirements of the letter of the City Engineer dated March 20, 2007. Ping. 29. All improvements listed in the letter submitted by the applicant dated Comm. April 19, 2007 shall be completed under the direction of the Planning staff. 30. The applicant shall inspect and replace the sewer, if necessary. 31. 100 amp electrical service panels shall be provided for the project. 32. Separate gas, electrical, and water meters for each unit shall be provided, if allowed by the affected utility company. 33. The applicant shall remove the two front units along Victoria Street (577 A and 579 A Victoria Street), and one unit at the rear of the property,. to provide additional open space and parking spaces (3 parking spaces per unit minimum) for the ownership units. 34. Exterior walls shall be insulated. 35. Firewalls between garages and units shall comply with current codes. 36. Roll -up doors shall be provided for all garages with remote control units provided.