HomeMy WebLinkAbout99-07 - Approving Planning Application PA -98-92ryiz "4W
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RESOLUTION NO 99-7
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
COSTA MESA, CALIFORNIA, APPROVING PLANNING
APPLICATION PA -98-92.
THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE
AS FOLLOWS:
WHEREAS, an application was filed by M. E. Kofford, authorized agent for the
Tighe Family Trust/Norrene Tighe, with respect to the real property located at 201
Loyola Road, requesting requesting a variance from parking requirements (2 open
parking spaces required, 0 spaces proposed), to allow legalization of an existing
detached granny unit in the R1 zone; and
WHEREAS, a duly noticed public hearing was held by the Planning Commission
on December 28, 1998, at which time Planning Application PA -98-92 was denied;
and
WHEREAS, the applicant appealed the Planning Commission's decision to the
City Council; and
WHEREAS, the City Council held a duly noticed public hearing on February 1,
1999;
NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record,
the findings contained in Exhibit "A", and subject to conditions of approval contained
in Exhibit "B", the City Council hereby approves Planning Application PA -98-92 with
respect to the property described above.
BE IT FURTHER RESOLVED that the City Council hereby finds and determines
that adoption of this resolution is expressly predicated upon the activity as described
in the staff report for Planning Application PA -98-92, and upon applicant's compliance
with each and all 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 recommendation for approval herein contained,
shall be deemed null and void.
PASSED AND ADOPTED this 1' day of February, 1999.
ch—
Mayor of the ity of Costa Mesa
ATTEST:
Deputy City lerk of the City of Costa Mesa
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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. 99-7 was duly and regularly passed and adopted by the said City
Council at a regular meeting thereof, held on the 1' day of February, 1999.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of
the City of Costa Mesa this 2"d day of February, 1999.
:2L T
Deputy Cit Clerk and ex -officio Clerk of
the City Council of the City of Costa Mesa
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EXHIBIT "A"
FINDINGS APPL. PA -98-92
A. The information presented substantially complies with Costa Mesa Municipal
Code Section 13-29(8)(1), in that special circumstances applicable to the
property exist to justify granting of the variance from parking space
requirements for a granny unit. Strict application of the zoning ordinance would
deprive the property owner of privileges enjoyed by owners of other properties
in the vicinity under identical zoning classifications. Elimination of required on-
site parking for a granny unit would not impact other surrounding properties by
overburdening on -street parking.
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EXHIBIT "A"
Resolution No. 99-7
Page 1 of 1
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
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EXHIBIT "B"
Resolution No. 99-7
Page 1 of 3
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blueprinted on the site plan and on all floor plans in the working
drawings.
2.
Street addresses shall be displayed on the building fascia adjacent to
the main entrance or front door in a manner visible to the public
street. Street address numerals shall be a minimum 6" in height
with not less than %" stroke and shall contrast sharply with the
background. Identification of the granny unit shall be provided
adjacent to the unit entrance. Letters shall be 4" in height with not
less than '/4" stroke and shall contrast sharply with the background.
3.
Except as necessary for drainage, existing grades at property lines
shall be maintained.
4.
The wood gates along the Fairview Road property line shall be
removed and replaced with a masonry wall, consistent with the
existing masonry wall along this property line.
5.
The granny unit shall be served from the same utility meters
(electric, gas, and water) as the main dwelling unit on the property.
6.
The property owner shall file an affidavit declaring, under penalty of
perjury, that the granny unit is occupied by no more than two
residents, each of whom is no less than 62 years of age. The
affidavit shall be filed annually, and upon change of tenant, and shall
be accompanied by a copy of the lease or rental agreement.
7.
A Land Use Restriction executed by and between the applicant and
the City of Costa Mesa shall be recorded within 60 days of final City
Council action. This document identifies the property as an 131 -
zoned property with a main residence and attached, 2 -car garage,
plus a detached, 740 sq. ft. unit; the latter restricted in terms of
residency. Applicant shall immediately 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.
8.
The conditions of approval and ordinance or code provisions of
planning application PA -98-92 shall be blueprinted on the face of the
site plan as part of the plan check submittal package for legalizing
this unit.
9.
The applicant shall contact the Planning Division to arrange for a
"special requirements" inspection of the site prior to the release of
final sign -off of the building permit by the Building Division. This
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EXHIBIT "B"
Resolution No. 99-7
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inspection is to confirm that the conditions of approval and code
requirements have been satisfied.
Additional Condition of Approval No. 10:
The Variance shall remain in effect until such time as the property is
sold or transferred by William R. and H. Norrene Tighe (as Trustees
of the Tighe Family Trust) to another property owner. At that time,
the granny unit shall be vacated and reconstructed to comply with
Zone Exception ZE-78-84.
Additional Condition of Approval No. 11:
The property owner (applicant) shall obtain building permits
immediately to ensure the unit complies with the Uniform Building
Code. Contact the Building Division for submittal requirements.
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. Any reference to "City" pertains to
the City of Costa Mesa.
Ping. 1. All contractors and subcontractors must have valid business licenses
to do business in the city of Costa Mesa. Final inspections will not
be granted until all such licenses have been obtained.
2. Approval of the planning application is valid for one (1) year and will
expire at the end of that period unless building permits are obtained
and business commences, or the applicant applies for and is granted
an extension of time.
Bldg. 3. Comply with the requirements of the Uniform Building Code as to
design and construction.
Fire 4. Provide approved smoke detectors to be installed in accordance with
the 1991 Edition of the Uniform Fire Code.
Com. 5. Existing trees to remain.
Svc.
SPECIAL REQUIREMENTS
The requirements of the following special district(s) are hereby forwarded to the
applicant:
Sani. 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.
EXHIBIT "B"
Resolution No. 99-7
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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 shall submit a plan showing sewer improvements to the
district engineer's office- (949) 631-1731.
4. Developer shall contact the Costa Mesa Sanitary District at (714)
754-5307 for trash collection requirements or exemptions for this
project.
I 5. Developer is required to contact the Costa Mesa Sanitary District at
(714) 754-5307 to arrange final sign -off grrior to the Building
Department's final inspection.
Schl. 6. Applicant shall submit proof that applicable development has been
paid to the Newport United School District (714) 424-7530 prior to
the issuance of building permits.
EXHIBIT "B"
Resolution No. 99-7
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