HomeMy WebLinkAbout94-22 - Approving Planning Action PA-94-10 and Tentative Parcel Map S-93-184RESOLUTION NO. 94-22
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
ACTION PA -94-10 AND TENTATIVE PARCEL MAP 5-93-184.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by Gerald Carlat, authorized agent for Hersel
Mangoli, with respect to real property located at 1970 Church Street, requesting a Conditional
Use Permit for a 2 -unit apartment project to be converted to condominiums with a Tentative
Parcel Map in an R2 zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission on
February 28, 1994; and
WHEREAS, an interested party filed an appeal of said Planning Commission decision
on March 7, 1994; and
WHEREAS, the City Council held a duly noticed public hearing on April 4, 1994;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and
findings contained in Exhibit "A", and subject to the conditions contained in Exhibit "B", the
City Council hereby APPROVES Planning Action PA -94-10 and Tentative Parcel Map S-93-184
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 operation of the business
or activity in the manner described in the staff report for Planning Action PA -94-10 and
Tentative parcel map 5-93-184, 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
approvals herein contained, shall be deemed null and void.
PASSED AND ADOPTED this 4th day of April, 1994.
ATTEST:
Deputy Ci Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF COSTA MESA )
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. 94-22 was
duly and regularly passed and adopted by the said City Council at a regular meeting thereof,
held on the 4th day of April, 1994.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City
of Costa Mesa this 5th day of April, 1994.
Deputy Ci Clerk and ex -officio Clerk of
the City Co ncil of the City of Costa Mesa
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EXHIBIT "A"
Resolution No. 94-22
PLANNING STAFF FINDINGS
PA -94-10/S-93-184
A. The information presented substantially complies with Section 13-833 of the Costa Mesa
Municipal Code in that no tenants will be displaced as the units are unoccupied or
occupied by the property owner. Therefore, the proposed conversion should not be
detrimental to the health, safety and general welfare of the public or other properties or
improvements within the immediate vicinity. Furthermore, granting the Conditional Use
Permit will not allow a use, density or intensity which is not in accordance with the
General Plan designation for the property.
B. The parcel map complies with Section 13-443 in that the parcel maps yield parcels in
compliance with General Plan and zone requirements; that the proposed use of the
subdivision is consistent with the General Plan; that the subject property is physically
suitable to accommodate the subdivision; that the design of the subdivision provides
opportunities for future passive or natural heating and cooling; that the subdivision and
development will not unreasonably interfere with public easements and utility rights-of-
way and that the discharge of sewage from this division will not violate the requirements
of the California Regional Water Quality Control Board.
C. 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 because the project has no possibility of causing
significant effect on the environment.
D. The project, as conditioned, is consistent with Article 221h, Transportation System
Management of Title 13, of the Costa Mesa Municipal Code in that the development
projects traffic impacts will be mitigated at all affected intersections.
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EXHIBIT "B"
Page I of 2
Resolution 94-22
CONDITIONS OF APPROVAL
PA -94-10
Planning 1. Applicant is reminded that all conditions and Code/Ordinance provisions of DR -
90 -29 still apply.
2. Automatic garage door openers shall be provided for each unit.
3. Included in the required CC&R's shall be a provision that will permit the
installation of solar heating systems, subject to applicable zoning district
requirements, the Uniform Building Code, and associated ordinances, and
reasonable architectural review by the architectural review committee.
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, obtain a Change of
Occupancy Permit, and complete any additional paperwork created through this
conversion.
5. The CC&R's shall include a provision as to use and maintenance of all guest
parking spaces, driveways and common open space.
6. The applicant is reminded that a "Special Requirements" inspection of the site will
be required prior to the release of occupancy. This inspection includes
confirmation that the Conditions of Approval and Code/Ordinance Provisions have
been satisfied.
7. All landscaping visible from Church Street shall be maintained in common. The
CC&R's shall contain provisions reflecting this requirement.
8. The existing dwelling unit on Parcel 1 shall be demolished prior to approval of
the final Parcel Map.
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.
Planning 1. Approval of the Planning Action is valid for one (1) year and will expire at the
end of that period unless building permits are obtained or the applicant applies for
and is granted an extension of time.
2. A minimum of 222 sq. ft. of decorative paving shall be incorporated into the
driveway and parking spaces under the direction of Planning staff.
3. Proof of recordation of the final parcel map shall be submitted prior to issuance
of occupancy as condominium units.
4. CC&R's and articles of incorporation and bylaws for the Homeowner's
Association shall be reviewed and approved by the following: PLANNING
DIVISION, AND CITY ATTORNEY'S OFFICE prior to recordation. CC&R's
shall include provisions as required in Costa Mesa Municipal Code Section 13-827
and 13-829. The applicant shall provide the Planning Division proof of review
and approval of the CC&R'S by the DRE prior to recordation. A copy of the
recorded CC&R's shall be submitted to the Planning Division prior to the release
of utilities for the units.
5. On-site parking shall be in assigned spaces only. CC&R's shall contain
restrictions prohibiting parking in the driveway and in front of garage doors.
6. Provide 10' by 10' minimum private open space areas for each unit.
Building 7. Comply with the requirements of the Uniform Building Code as to design and
construction.
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PA -94-10
EXHIBIT "B"
Page 2 of 2
Resolution 94-22
Engr. 8. A Site Access Permit and deposit of $350.00 will be required by the City of
Costa Mesa, Engineering Division, prior to the start of any on- or off-site work,
which may be necessary during construction for street sweeping.
9. Haul routes must be approved by City of Costa Mesa, Engineering Division, prior
to approval of the Site Access Permit.
10. Per Code, pay park fee prior to approval of the Final Map by Engineering.
Applicable fee shall be that fee in effect at the time the Final Map is approved by
Engineering. (The property will be credited for the existing unit; thus, the
resulting park fees are estimated to total $5,748.82, at the current rate. However,
the figure could change prior to actual requirement for payment of fees.)
SPECIAL DISTRICT REQUIREMENTS
The requirements of the following special district is hereby forwarded to the applicant:
Sanitary 1. Developer will be required to construct sewers to serve this project, at his own
expense, meeting the approval of the Costa Mesa Sanitary District.
2. County Sanitation District fees, fixture fees, inspection fees, and sewer permit
required prior to installation of sewer. To receive credit for buildings to be
demolished, call (714) 754-5307 for inspection.
3. Developer is required to submit a plan showing sewer improvements to the
District Engineer's Office, (714) 631-1731.
4. Developer must contact the Costa Mesa Sanitary District at (714) 754-5307 on
trash collection requirements or exemptions for this project.
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