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HomeMy WebLinkAbout08-37 - Approving Planning Application PA-08-06 for Residential Development at 320 E. 18th StreetRESOLUTION NO. 08-37 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -08-06 FOR THE RESIDENTIAL DEVELOPMENT . AT 320 E. 18TH STREET. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY. RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Phil Schwartze of The PRS Group., as authorized agent for property owner, Newport Investment Strategies for the residential project at 320 E. 18th Street; WHEREAS, the proposed project involves the construction of two single family common interest units by Newport Investments Strategies at 320 E. 18th Street consisting of the following: (1) General Plan Amendment GP -08-01 to change the general plan land use designation from Public/Institutional to Medium Density Residential; (2) Rezone R-08-01 for a rezone of the property from I&R (Institutional and Recreational) to R2 -MD (Multiple -Family Residential — Medium Density); and, (3) Planning Application PA -08-06 for a Design Review for a 2 -unit two-story, single-family, detached small -lot common -interest development; WHEREAS, Planning Application PA -08-06 includes a variance from the maximum rear yard coverage (25% allowed — 30% proposed); WHEREAS, Planning Application PA -08-06 includes an administrative adjustment from the rear yard setback (20 -foot setback required 12 -foot setback proposed); WHEREAS, Planning Application PA -08-06 includes a minor modification for a maximum 8 -foot high perimeter block wall (6 feet in height maximum allowed, 8 -feet proposed); 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 April 28, 2008 and by the City Council on May 20, 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 aga.inst the proposed project; WHEREAS, the Planning Commission adopted Resolution PC -08-38 which recommended the following actions to City Council: (1) approve GP -08-01; (2) approve Ordinance for Rezone R-08-01 to change the zoning classification of the 0.2 -acre subject site from I&R to R2 -MD (Multiple Family Residential — Medium Density); and, (3) approve Planning Application PA -08-06, subject to conditions; NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record, the findings contained in Exhibit" A", and subject to conditions of approvals contained in Exhibit "B", the City Council DOES HEREBY APPROVE Planning Application PA -08-06 with respect to the property described above. BE IT FURTHER RESOLVED that the City Council finds and determines that its recommendation for the approval of Planning Application PA -08-06 is expressly predicated on the General Plan Amendment GP -08-01 and Rezone R-08-01 being final and effective, and upon applicants' compliance with each and all conditions of approvals in Exhibit "B'. PASSED AND ADOPTED this 20th day of May, 2008. ATTEST: (A.40 Jul Furcik, Ci Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: r J Ki berly Wall 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. 08-37 and was duly passed. and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20t" day of May, 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 21 st day of May, 2008. JUL F LCIK, CITY CLERK i (SEAL)' EXHIBIT "A" FINDINGS A. The proposed design review for a residential development project and related improvements provide for new residences, 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 variances from the maximum rear yard coverage and minimum lot size, administrative adjustment from the rear setback requirement and minor modification to increase the height of perimeter block wall, 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 south. 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 East 18th 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 -08-06 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. Architectural treatments provide visual enhancements in the place of physically articulated wall planes. Although the two homes are located 5 feet from the easterly property line, the private yards break the massing of the buildings and the second floors step back further to provide a relief in the two story structure and meet the intent of the Residential Design Guidelines. Varied building materials and architectural elements (wooden shutters, stucco window trims and, and enhanced entry porches) also contribute to a well-designed residential project. D. The information presented substantially complies with Section 13-29(g)(1) of the Costa Mesa Municipal Code: a. Because of special circumstances (lot size/width and location) applicable to the property, the strict application of the rear setback requirement (20 ft. required, 12 ft. proposed) and maximum rear yard coverage would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. b. The variance and administrative adjustment granted shall be subject to such conditions as will assure that the deviations authorized shall not constitute a grant of special privilegesinconsistent with the limitation upon other properties in the vicinity and zone in which the property is situated. c. The granting of the variance and 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. presentedsubstantially complies 13-29(g)(6) of the Costa Mesa Municipal Code. a. The minor modification to increase the height of perimeter block wall to 8 feet (6 feet allowed, 8 feet proposed) 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 modification is compatible with the adjacent properties and would provide more privacy and noise protection from the adjacent parking lot. 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 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. H. 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. CONDITIONS OF APPROVAL CQ 7 Q EXHIBIT"B" 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. The approval of PA -08-06 is contingent upon City Council's final approval of General Plan Amendment GP -08-01 and Rezone R-08-01. This approval shall not become effective until all other discretionary approvals are final and become effective.. 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. The conditions, of approval or code provisions of PA -08-06 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. 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 storm water 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. Upon completion of demolition and grading activities and prior to construction of the new units, the applicant shall construct a 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 decorative block at 8 feet high on the east and north side adjacent to the church property and reduce to 7 feet high and 6 feet high on the northwesterly corner and the westerly property line. The block wall shall be at least 6 inches thick and of consistent color and texture or match any existing masonry walls within the immediate street segment. 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. 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. The existing mature tree in the front yard and/or public right- of-way shall be retained in its current location if determined feasible. Relocation or replacement of the tree shall occur under the direction of the Planning. Division and Public Services Department as deemed appropriate. .9. No modification(s) of the approved building elevations including, but not limited to, changes that increasethe 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. 10. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 11. 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. 12. Demolition permits for any 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. 13. 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. 14. 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. 15. 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. 16. Garages for individuals. units shall be equipped with automatic garage door openers and 16' wide, roll -up garage doors. 17. For safe vehicular back up and protection to private yard of Lot 1, a minimum of one 24 -inch box tree or other appropriate barrier shall be installed between the two areas. 18. Decorative paving treatment shall be installed on the long driveway to Lot 2 to the satisfaction of the Development Services Director. 19. Applicant shall provide a buyer notification to all prospective buyers of the property including information on Lighthouse Coastal Community Church Bldg. 20. 21. Trans. 22. 23. 24. 25. Eng. 26. 27 W 29. 30. 31. 32. activities and hours of operation. This notice shall be of.form. and. substance acceptable by the Development Services Director and also referenced as. an exhibit in the CC&Rs. 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. Applicant shall submit grading, drainage, and erosion control plans for this project. The applicant shall submit a revised site plan that correctly identifies public parkway width and street width from centerline to property line. The applicant shall construct a new residential drive approach at location submitted on site plan. The residential drive approach shall be constructed 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. The applicant shall relocate the fire hydrant, water meter, and catch basin that conflict with the proposed driveway. The median proposed between driveways shall be located within private property without any encroachment into the public right-of-way. At the time of: development submit for approval an off-site plan to the Engineering Division and grading plan to the Building Division that shows sewer, water, existing parkway improvements and the limits of work on the site, and hydrology calculations, both prepared by a civil engineer or architect. Cross drainage shall not occur. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. The applicant shall pay offsite plan check fee per Section 13-29(2)(b) of the City of Costa Mesa Municipal Code and an approved off-site plan shall be required prior to Engineering Permits being issued by the City. A construction access permit and deposit of $580 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work, necessary during construction for street sweeping and to guarantee replacement costs in case of.damage to existing public improvements. 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. Submit required cash deposit or surety bond to guarantee construction of offsite street improvements at time of permit per Costa Mesa Municipal Code Section 15-32, and as approved by City engineer. Cash deposit or surety bond amount to be determined by the City Engineer. Obtain a permit from the City of Costa Mesa, Engineering Division, at the time of development and construct P.C.C. driveway approach per City of Costa Mesa Standards as shown on the off-site plan. Location and dimensions are subject to the approval of the Transportation Services Manager. ADA compliance is required for all new driveway approaches. Relocate existing improvements (i.e., catch basin with manhole, fire hydrant, water meter) in conflict with the proposed driveway. Fulfill Drainage Ordinance Fee requirements prior to: Approval of the final map/ Approval of plans. Fulfill City of Costa Mesa Drainage Ordinance No. 06-19 requirements prior to: Approval of Final Map/Approved of Plans.. 33. Private on-site drainage facilities and parkway culverts or drains will not be . maintained by the City of Costa Mesa; they shall be maintained by the owner or developer of the property. Private lateral connections to City storm drains will require ahold harmless agreement prior to issuance of permit. 34. Submit Subdivision Application and comply with conditions of approval and code requirements: Fire 35. Street address numerals shall be'a minimum 6 inches in height with not less than'/ -inch stroke and shall contrast. sharply with the background. 36. Provide approved smoke detectors to be installed in accordance with the 2001 Edition of the Uniform Fire Code. 37. The applicant shall install fire sprinklers to the satisfaction of the Fire Department for the residential units if adequate distance to the existing fire hydrants is not provided.