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HomeMy WebLinkAbout08-50 - Approving Planning Application PA-08-07 as ModifiedRESOLUTION NO. 08-50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -08-07 AS MODIFIED. THE CITY COUNCIL OF THE CITY OF COSTA MESA .HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Laura Kay Dunbar, representing.' Danny : K. and Dorothy M. Dunbar, owners of the real property located at 242 Ogle Street, requesting approval of an administrative adjustment from required side yard setback for a new two-story residential unit. Additionally, the applicant is requesting a minor modification to retain an existing driveway leading from the street; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on April 14, 2008, and PA -08-07 was approved; and WHEREAS, on April 21, 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 May 6, 2008; and WHEREAS, the City Council continued the item to the meeting of June 3, 2008 to allow the applicant to redesign the project to address the issues related to the proposed second floor to first floor ratio, to relocate the proposed laundry room, and to redesign the proposed first floor workshop to prevent the workshop from being converted into an illegal third unit; and WHEREAS, the applicant requested an additional continuance to the meeting of July 1, 2008 to allow for additional time to redesign the project. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit"A", the City Council hereby APPROVES AS MODIFIED PA -08-07 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 -08-07 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 1St day'of July, 2008. ATTEST: cizi Juli olcik, City Clerk Eric R. Bever, Mayor APPROVED AS TO FORM: Kimberly HkIll 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. 08-50and was duly passed and adopted by the City Council of the City of Costa Mesa at a .regular meeting held on the 1St day of July, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, DIXON, FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: LEECE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 2nd day of July, 2008. JU IE FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" FINDINGS - APPROVAL - A. The proposed project, as modified, complies with Costa Mesa Municipal Code Section 13-29(e),because: • The development is compatible and harmonious with uses on surrounding properties. • 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 development complies with applicable performance standards prescribed in the Zoning Code. The development is consistent with the General Plan. • The cumulative effect of all of the planning applications has been considered. 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 do exist to justify granting of the administrative adjustments from side setback. Specifically, the site is nonconforming with regard to minimum lot size and minimum lot width. Project approval would not constitute a grant of special privileges inconsistent with similar properties within the same zoning district. Furthermore, it has been determined that the parking variance is not necessary due the existing nonconforming unit on the property and that the proposed 6 on-site parking spaces are adequate for this development. C. The information presented does comply with Costa Mesa Municipal Code Section 13- 29(14) in that the proposed development, as modified, is compatible and harmonious with existing and/or anticipated development on surrounding properties. Additionally, the design of the second story is generally consistent with the purpose and intent. of the City's Residential Design Guidelines. D. The information presented does comply with Costa Mesa Municipal Code Section 13- 29(g)(6) with regard to the minor modifications to retain the existing driveway in that the improvement is compatible with the design of existing and anticipated development in the vicinity. 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 15303 for New Construction. F. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL 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 applicant shall contact the Planning Division to arrange a 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. 3. The subject property's ultimate finished grade level may not be filled/raised unless necessaryto provide proper drainage, and in no case shall it be raised in excess of 36 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site stormwater 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 be continuously maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 4. The conditions of approval and ordinance or code provisions of Planning Application PA -08-07 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, additional second story windows, 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 design review or a variance, or in the requirement to modify the construction to reflect the approved plans. 6. Street addresses shall be displayed manner visible to the street and alley. Street address numerals shall be a minimum 6 inches in height with not less than Y2 -inch stroke and shall contrast sharply with the background. 7. The applicant shall contact the current cable company . prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 8. A land use restriction, executed by and between the property owner 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 workshop shall not be converted into an additional third unit. 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. Eng. 9. 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.