Loading...
HomeMy WebLinkAbout08-19 - Approving Planning Application PA-07-48RESOLUTION NO. 08-19 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -07-48. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by . Richard and Wendy Schones, representing Gary F. Schones, owner of real property located at 378 Costa. Mesa Street, requesting approval of variances from rear yard setback, rear yard coverage, and open space requirements, and administrative adjustment for reduced side yard setbacks, to legalize a detached two -car garage and granny unit, with a minor design review for a proposed second story addition to the main residence that does not meet the City's Residential Design Guidelines, as well as minor modifications to allow first and second story encroachments into the front yard setback; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on February 25, 2008, and PA -07-48 was approved in respect to the minor design review and minor modifications for the second story addition to the main residence, but denied, without prejudice, in respect to the variances and administrative adjustment to legalize the detached two -car garage and granny unit; and WHEREAS, on February 29, 2008, Planning Commission's decision was called up for review to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on March 18, 2008. BE. IT RESOLVED that, based on the evidence in the record and the findings. contained in Exhibit "A", the City Council hereby APPROVES PA -07-48 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 -07-48 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B" as well as with compliance of all applicable federal, state, and local laws. Any.approval granted by this resolution shall be subject to review, modification or revocation if there. is a material change that occurs in the operation, or if the applicant fails to comply with any of.the conditions of approval. PASSED AND ADOPTED this 18t" day of March, 2008: ATTEST: C�� !:M/, ee' - D// Julie Folcik, City Clerk Eric R. Bever, 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. 08-19 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18th day of March, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, 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 19th day of March, 2008. iu�ff FOLCIK, CITY CLERK EXHIBIT "A" FINDINGS A. The proposed project complies with Costa Mesa Municipal Code Section. 13-29(e) because: 1. The proposed use is compatible and harmonious with uses on surrounding properties. 2. Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. 3. The project, as conditioned, is consistent with the General Plan. 4. The planning application is for a project -specific case and does not establish a precedent for future development. B. The information presented complies with Section 13-29(g)(1) 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 requirements, rear yard coverage requirements, minimum open space requirements, as well as the administrative adjustment from side yard setback requirements. Specifically, the property complies with the other requirements to accommodate a granny unit, such as maximum size of the unit and on-site parking. The second unit will be required. to comply with all applicable requirements of the Building Code and the City has no record of Code Enforcement complaints related to the unit. C. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(14) in that the proposed development complies with the City of Costa Mesa Zoning Code and meets the purpose and intent of the Residential Design Guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof. forms and roof plane breaks, and any other applicable design features. Specifically, although the second floor does not comply with the 80% second floor to first floor ratio recommended in the City's Residential Design Guidelines, the proposed second story incorporates variation in rooflines and architectural articulation to create visual interest. Privacy of the adjoining neighbors will not be negatively impacted because the second floor windows have been placed to minimize visibility into the abutting yards on the adjoining properties. D. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(6) with regard to the minor modification because granting the minor modification will not be materially detrimental to the health, safety, and general welfare of persons residing within the immediate vicinity of the project or to property and improvements within the neighborhood. The improvement enhances the design of the existing and anticipated development in the vicinity. Specifically, the. encroachments on the first and second floor do not extend the entire length of the front elevation and over half of the front elevation complies with the required front setback. The proposed encroachments will also.provide visual interest to the front of the house E. 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 for Existing Facilities. F. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. CONDITIONS OF APPROVAL Ping. 1. Address assignmentshall be requested from the Planning Division prior: to submittal of workingdrawings 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 second -story addition shall be architecturally compatible with regard to building materials, style, colors, etc. Plans submitted for plan check shall: indicate how this will be accomplished. 3. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, removal of building articulation, 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 such as a minor design review or a variance, or in the requirement to modify the construction to reflect the approved plans. 4. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 5. The conditions of approval, ordinance and code provisions of PA -07-48 shall be blueprinted on the face of the site plan. 6. Any future second -floor windows shall be reviewed and approved by the Planning Division prior to installation. The windows shall be designed and placed to minimize direct lines -of -sight into windows on adjacent neighboring properties and to minimize visibility into abutting residential side and rear yards. Every effort shall be made to maintain the privacy of abutting property owners. 7. 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. 8. 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. 9. Existing mature vegetation shall be retained wherever possible. Should it be necessary to remove existing vegetation, the applicant shall submit a written request and justification to the Planning Division. A report from a California licensed arborist may be required as part of the justification. Replacement trees shall be of a size consistent with trees to be removed, and shall be replaced on a 1 -to -1 basis. This condition shall be completed under the direction of the Planning Division. 10. 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: 11.. Deleted: 12. Deleted. 13. The applicant shall replace the existing solid wall and window. for the attached one car -garage for the main residence with an operable garage door. 14. Deleted. Eng. 15. 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 or sprinkling. Planning 16. Deleted. Comm. City 17. The second -story addition and granny unit shall be architecturally Council compatible with regard to building materials, style, colors, etc. Plans submitted for plan check shall indicate how this will be accomplished. 18. The granny unit shall be served from the same utility meters (electric, gas and water) as the main dwelling unit on the property. 19. 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. This land use restriction shall inform future property owners that the granny unit shall be occupied by no more than two residents, each of whom is no less than 62 years of age, and that one of the units on the subject property shall be owner occupied. 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. 20. The applicant shall obtain all necessary permits and inspections, and make any other modifications as required by the California Building Code for the detached granny unit and garage, prior to building final of the second -story addition to the main residence.