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HomeMy WebLinkAbout08-51 - Upholding Planning Commission's Approval of Tentative Tract Map T-17248RESOLUTION NO. 08-51 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF TENTATIVE TRACT MAP T-17248, FOR A 0.35 ACRE PROPERTY LOCATED IN THE MESA WEST RESIDENTIAL . OWNERSHIP URBAN PLAN AT 613 PLUMER STREET AND 616 CENTER STREET IN AN R2 -HD ZONE AND . MIXED-USE OVERLAY ZONE. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, City Council adopted the Mesa West Residential Ownership Urban Plan in April 2006 which set forth development regulations and flexible development standards for three-story residential common interest developments at a maximum density of 20 dwelling units per acre in a specified mixed-use overlay zone; WHEREAS, an application was filed by Justin McMillen of InHabitation Design for Planning Application PA -07-31 and Tentative Tract Map T-17248 with respect to the real property located at 613 Plumer Street and 616 Center Street; WHEREAS, the proposed project involves the following: (1) Master Plan PA -07- 31 for "Coastal Heights," a seven -unit, three-story multi -family attached, common interest residential development project in the Mesa West Residential Ownership Urban Plan area; and (2) Tentative Tract Map T-17248 to subdivide the property for condominium purposes; WHEREAS, Master Plan PA -07-31 includes the following: (a) 25 percent density bonus, or two additional units, at an approximate density of 20 dwelling units per acre; and (b) Deviations from residential development standards for minimum lot size (one acre required; 0.35 acre proposed), maximum size of residential loft areas, and side setbacks (5 feet required, 0 to 4 feet proposed); WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 28, March 24, and May 27, 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, on March 24, 2008, Planning Commission approved Master Plan. PA 07-31 on a 5-0 vote; WHEREAS, on May 27, 2008, Planning Commission approved Tentative Tract Map T-17248 on a 5-0 vote; WHEREAS, the Planning Commission's action on Tentative Tract Map T-17248 was called up for City Council review on June 3, 2008 within the seven-day appeal period, and the City Council held a duly -noticed public hearing on July 1, 2008 to allow for public comment on the proposed tentative tract map and with all ,persons having been given the opportunity to be heard both for and against the proposed project; 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; BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", subject to the conditions contained in Exhibit "B", the City Council HEREBY UPHOLDS THE PLANNING COMMISSION ACTION AND APPROVES Tentative Tract Map T-17248; BE IT FURTHER RESOLVED that the Planning Commission does hereby find and determine that adoption of this Resolution is expressly predicated upon the activity as described in the staff reports for Planning Application PA -07-31/T-17248 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B" and any 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 1St day of July, 2008. Eric R. Bever, Mayor ATTEST: Ju Folcik, C ty Clerk APPROVED AS TO FORM: r Ki berly 4611 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=51. and was duly Passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 1 st day of July, 2008, by the following roll call vote, to wit:. AYES: COUNCIL MEMBERS: BEVER, DIXON, FOLEY, LEECE NOES: COUNCIL MEMBERS: MANSOOR ABSENT: COUNCIL MEMBERS: NONE 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. o� 4ze2 JLME FOLCI , CITY CLERK (SEAL) EXHIBIT "A" FINDINGS (APPROVAL) A. The subdivision complies with Costa Mesa Municipal Code Section 13-29 (e): because: a. The subdivision is consistent with the General Plan. b. The, planning application. is for a project -specific case and does not establish a precedent for future development. B. 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 15315. C. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management of Title 13 of the Municipal Code in that the project's traffic impacts will be mitigated at all affected intersections. Payment of a traffic impact fee is required. D. 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 and Mesa West Residential Ownership Urban Plan. The proposed subdivision of the property for residential condominiums is consistent with the City's General Plan and Zoning Code. E. 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. F. Pursuant to Section 13-29(g)(13) of the Municipal Code, the subject property is physically suitable to accommodate Tentative Tract Map T-17248 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 applicant has requested deviations from development standards and conditions of approval have been applied to the project to compensate for specified deviations. Additionally, the project proposes a maximum density of approximately 20 dwelling units per acre, and this density is considered consistent with the General Plan and Mesa West Bluffs Residential Ownership Urban Plan. The 55 -foot wide, 0.35 -acre lot is physically suitable to accommodate the Coastal Heights Master Plan PA -07-31, as designed for a seven -unit, multi -family attached condominium development. 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. The design of the subdivision shall provide, to the extent feasible, for future passive .or natural heating and cooling opportunities in the subdivision, as required by Government Code Section 66473.1. I. The future discharge of sewage from this future 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). Given the project site was previously developed with residential uses, the existing sewer facilities are expected to adequately serve the proposed project. CONDITIONS OF APPROVAL Ping. 1. The conditions of approval or code provisions of Planning Application PA -07-31/T-17248. 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. 2. Applicant shall provide proof of establishment of a homeowner's association prior to release of any utilities. Eng. 3. 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. 4. Applicant shall comply with all of the requirements as set forth in the City Engineer's letter attached. 5. Applicant shall detain on-site a Q25 (the maximum storm event in a 25 year period) for 24 hours. This is a condition for the development. Bldg. 6. Applicant shall contact the Building Safety Division, prior to recordation of the final tract map, to provide proof that the Uniform Building Code requirements for condominiums have been satisfied.