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HomeMy WebLinkAbout08-02 - Approving Planning App PA-07-19 and Tentative Tract Map T-17176 at 351 W. Bay StreetRESOLUTION NO. 08-2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING THE FOLLOWING: (1) PLANNING APPLICATION PA -07-19; AND (2) TENTATIVE TRACT MAP T-17176 AT 351 WEST BAY STREET. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Garrett Calacci of Waterpointe Development, as authorized agent for property owners, Richard and John Dick; WHEREAS, the project site is real property located at 351 West Bay Street totaling 0.77 acre; WHEREAS, the proposed project involves the following: (1) General Plan Amendment GP -07-03 to change the general plan land use designation from General Commercial to Medium Density Residential; (2) Rezone R-07-06 for a rezone of the property from C2 (General Business) to R2 -MD (Multiple -Family Residential — Medium Density); (3) Planning Application PA -07-19 for a Design Review for a 7 -unit two-story, single-family, detached small -lot common -interest development; and (4) Tentative Tract Map T-17176 to subdivide the property for condominium purposes; WHEREAS, Planning Application PA -07-19 also includes an administrative adjustment for the front setback (20 -foot setback required, 13 -foot setback proposed), minor modification for the rear second -floor setback (20 -foot setback required, 16 -foot setback proposed); minor modification for block wall height (6 -foot height allowed, 8 - foot height proposed); and minor deviations from the Residential Design Guidelines for the second -story massing (80% maximum allowed, 92% proposed) and second -story side setbacks (10 -foot average allowed, 5 -foot average proposed); WHEREAS, a duly noticed public hearing was held by the Planning Commission on December 10, 2007 and by City Council on January 2, 2008 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 -07-87 which recommended the following actions to City Council: (1) approved General Plan Amendment GP -07-03; give first reading to Ordinance for Rezone -07-06 to change the zoning classification of the 0.77 -acre property from C2 (General Business) to R2 -MD (Multiple Family Residential — Medium Density); (3) approve Planning Application PA -07-19; and Tentative Tract Map T-17176, subject to conditions; WHEREAS, General Plan Amendment GP -07-03 to change the general plan land use designation from General Commercial to Medium Density Residential, provided as Attachment 3 of staff report, was adopted by separate motion; WHEREAS, Rezone Ordinance R-07-06 to change the zoning classification of the 0.77 -acre subject site from C2 (General Business) to R2 -MD (Multiple Family Residential — Medium Density), is provided as Attachment 4 of staff report, and is to be approved by separate motion; 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; BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "B", subject to the conditions contained in Exhibit "C", the CITY COUNCIL APPROVES Planning Application PA -07-19 and Tentative Tract Map T- 17176. 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 General Plan Amendment GP-07-03/Rezone R-07- 06/Planning Application PA-07-19/Tract Map T-17176 and upon applicant's compliance with each and all of the conditions contained in Exhibit "C", as well as with compliance of all applicable federal, state, and local laws. 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 2nd day of January, 2008, Mayor ATTEST: APPROVED AS TO FORM: Jul Folcik, City Clerk Kimberly Hall Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA 1, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 08-2 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 2nd day of January, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, LEECE NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 3`d day of January, 2008. Qd4. JULtE FOLCIK, CITY CLERK (SEAL) EXHIBIT "B" FINDINGS GP0703/RO706/PA0719/T17176 A. The proposed design review 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 design review 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 development project includes an administrative adjustment from the front setback requirement and minor modifications from the rear setback requirement and perimeter wall height, the overall development represents a desirable product type in conformance with the General Plan. B. 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 medium -density residential development is compatible with the multi -family residential use to the west and mobile home park to the south/southeast. 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 West Bay 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 Planning Application PA -07-19, and Tract Map T-17176 have been considered. C. 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. 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. Additionally, architectural treatments provide visual enhancements in the place of physically articulated wall planes. Lastly, the project exceeds the minimum average 10 -foot side setback along the right side property line as recommended by the Residential Design Guidelines. Although two homes along the left side property line contain 5 -foot setbacks on the 2nd story, a condition has been included to provide treatment to the elevation such as wood shutters or banding to break up the elevation and meet the intent of the Residential Design Guidelines. Varied building materials and architectural elements (custom garage doors, wrought iron fencing, wooden shutters, stucco elements, enhanced entry porches, and balconies) also contribute to a well-designed residential project. GP0703/RO706/PA0719/T17176 D. The information presented substantially complies with Section 13-29(g)(1) of the Costa Mesa Municipal Code; a. Because of special circumstances (irregular lot shape) applicable to the property, the strict application of the front setback requirement (20 ft. required, 13 ft. proposed) would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. b. The administrative adjustment granted shall be subject to such conditions as will assure that the deviation authorized shall not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. c. The granting of the administrative adjustment will not allow a use, density, or intensity which is not in accordance with the General Plan designation, as amended. E. The information. presented substantially complies 13-29(g)(6) of the Costa Mesa Municipal Code. a. The minor modifications from the 2"d story rear setback requirement (20 ft. required, 16 ft. proposed) and 8 -foot block wall for noise attenuation purposes will not be materially detrimental to the health, safety, and general welfare of persons residing or working within the immediate vicinity of the project or to the property and improvements within the neighborhood. b. The minor modifications are compatible and enhance the architecture and design of the proposed single-family residential development. This includes the site planning of the residential structures, land coverage, landscaping, appearance, scale of structures, and open space areas which contribute to a compatible and attractive development. G. 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. H. The proposed project complies with minimum requirements for fire apparatus access through the provision of a minimum 20 -foot wide drivable area. Due to the 223 -foot depth of the lot, the challenges associated with fire access may be minimized by the. installation of residential sprinkler systems for all dwelling units pursuant to the direction of the Fire Marshal. 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. GP0703/R0706/PA0719/T17176 K. 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). The project site is serviced by the north drainage basin that eventually drains into the Fairview Sewer Trunk. The Fairview Sewer Trunk currently peaks daily at approximately 50 to 75 percent capacity. Given the project site was previously developed with residential uses, the exiting sewer facilities are expected to adequately serve the proposed project. L. The proposed use of the subdivision is for residential ownership purposes which is 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-17176 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. The lot sizes of the proposed project exceed the minimum and average lot sizes required of small -lot common interest developments. In addition, the applicant is not proposing the maximum units allowed within the proposed Medium Density Residential designation. A maximum of 9 dwelling units would be permitted; the applicant is proposing a 7 -unit project. 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 ( C" CONDITIONS OF APPROVAL GP0703/R0706/PA0719/T17176 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 -07-19 and T-17176 is contingent upon City Council's final approval of General Plan Amendment GP -07-03 and Rezone R-07-06. This approval 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 -07-019/T-17176 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. 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, 6. 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. 7. 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 Pinus canariensis (Canary Island Pine) or other tree species as deemed acceptable by the Development Services Director. 8. The site plan submitted with initial working drawings shall contain a notation specifying that the project is a single-family detached, small -lot, common interest development and shall specify the ultimate interior property lines. 9. 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. 10. 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 GP0703/R0706/PA0719/T17176 comply with the City's Noise Ordinance for interior and exterior areas of the residential development. 11. 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. 12. The two homes along the left side property line that contain 5 -foot setbacks on the 2nd story (Lots 2 and Lot 3) shall contain additional architectural treatment such as wood shutters, stucco elements, differing surface materials (i.e. brick veneer, stacked stone, etc.) to provide visual relief/visual interest along this elevation, as deemed acceptable by the Planning Division. 13. 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. 14. 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. concrete pavers, brick, aggregated) within the private driveway. The landscape plan shall be approved prior to issuance of building permits. 15. 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. 16. 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, 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. 17. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 18. The two guest parking spaces shall be clearly distinguished as "visitor parking" 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. 19. Applicant shall submit floor plans for all models, including reverse plan models, with the working drawings for plan check. 20. 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. 21. Demolition permits for any existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that GP0703/R0706/PA0719/T17176 written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 22. 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. 23. 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. 24. 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. 25. 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. 26. 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/visitor 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 before they become effective. 27. Applicant shall provide proof of establishment of a .homeowner's association prior to release of any utilities. 28. Garages for individuals units shall be equipped with automatic garage door openers and 16' wide, roll -up garage doors. 29. The final tract map shall reflect the accurate configuration of Lot A to include two guest parking spaces, as shown in the approved site plan. Bldg. 30. 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. 31. Applicant shall submit grading, drainage, and erosion control plans for this project. Trans. 32. Applicant shall close unused drive approach(es) with curb and gutter. GP0703 /R0706/PAO719/T 17176 33. 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. 34. Vehicle Entry/Security gates shall be prohibited unless an acceptable security gate plan is approved by the Transportation Manager at a later date. Eng. 35. 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. 36. Applicant shall contact the Engineering Division to discuss requirements for on- site retention of stormwater flows. 37. Applicant shall comply with all of the engineering conditions for Tract Map T- 17176 as set forth in the City Engineer's letter to the applicant dated September 10, 2007. Fire 38. Overhangs, eaves, awnings, etc. shall not encroach into the fire access area along the driveway. 39. Street address numerals shall be a minimum 6 inches in height with not less than'/ -inch stroke and shall contrast sharply with the background. 40. All streets/private drives less than 24 feet wide shall be posted "No parking fire lane" per Vehicle Code Section 122500.1 and in accordance with the Costa Mesa Fire Department Standard Guidelines of Emergency Access. 41. Provide approved smoke detectors to be installed in accordance with the 2001 Edition of the Uniform Fire Code. 42. Provide Residential Fire Sprinklers per NFPA Standard 13D for all dwelling units.