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HomeMy WebLinkAbout09-26 - Uphold Planning Commission's Approval of Planning App PA-09-03 for 2172 Myran DriveRESOLUTION NO. 09-26 j A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, UPHOLDING THE PLANNING COMMISSION'S APPROVAL OF PLANNING APPLICATION PA -09-03 FOR 2172 MYRAN DRIVE WITH MODIFICATIONS. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Willard Chilcott, owner of real property located at 2172 Myran Drive, requesting approval of a design review for a two -unit, two- story common interest development (condominium), for which one of the units does not comply with the City's Residential Design Guidelines for average second -story side setbacks; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 9, 2009 and PA -09-03 was approved; and WHEREAS, on March 11, 2009, 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 April 7, 2009. BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", the City Council hereby UPHOLDS THE PLANNING COMMISSION'S APPROVAL AS MODIFIED PA -09-03 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 -09-03 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 7th day of April, 2009. ATTEST: Jul' olcik, City Clerk Allan R. Mansoor, Mayor APPROVED AS TO FORM: K mberly Aall Barlow, City Attorney 0 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. 09-26 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 7th day of April, 2009, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, MONAHAN NOES: COUNCIL MEMBERS: LEECE ABSENT: COUNCIL MEMBERS: FOLEY IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 8th day of April, 2009. (SEAL) J4LIE FOLC K, CITY CLERK EXHIBIT "A" FINDINGS — APPROVAL (PA -09-03 FOR 2172 MYRAN DRIVE) A. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. The proposed use is compatible and harmonious with uses on surrounding properties. 2. Safety and compatibility of the design of the parking areas, landscaping, luminaries, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. 3. The project, as conditioned, is consistent with the General Plan. 4. The planning application is for a project -specific case and does not establish a precedent for future development. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(14) in that the project complies with the City of Costa Mesa Zoning Code, and meets the purpose and intent of the Residential Design Guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. This design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features. The visual prominence associated with the construction of a two-story residence has been reduced through appropriate transitions between the first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls. Privacy of the adjoining neighbors will not be impacted because second - story windows will be required to be placed to minimize direct lines -of -sight into yard areas and windows on neighboring properties. 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 under Section 15303 for New Construction. D. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. E. The buildings for this development are at an excessive distance from the street, but the plan does not lend itself to fire apparatus access or placement of an on-site fire hydrant. Problems associated with the depth of buildings on the property can be minimized by installation of a residential sprinkler system. EXHIBIT. "B" CONDITIONS OF APPROVAL WITH MODIFICATION (PA -09-03 FOR 2172 MYRAN DRIVE) Ping. 1. Street addresses shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the private street. Numerals shall be a minimum 6 inches in height with not less than '/- inch stroke and shall contrast sharply with the background. 2. 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. 3. Prior to issuance of building permits, applicant shall contact the US 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. 4. The conditions of approval for PA -09-02 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. The subject property's ultimate finished grade level may not be filled/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. Applicant is advised that recordation of a drainage easement across the private street may be required to fulfill this requirement. 6. Prior to issuance of grading or building permits, the applicant shall obtain approval of a hydrology and drainage study showing the method of disposal of storm water. 7. 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 7 p.m., on Saturday; there shall be no construction activity on Sundays and Federal holidays. 8. 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. 9. Demolition permits for 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. 10. Exterior elevations shall be submitted for pre -plan check review and approval by the Planning Division. Once the exterior elevations have been reviewed and approved by the Planning Division, the exterior elevations shall be incorporated into the plan check drawings. 11. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, 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 minor design review or a variance, or in the requirement to modify the construction to reflect the approved plans. 12. Bedroom windows on the north (left side) elevation for Building B shall be limited to small and/or high windows to minimize visibility into the abutting yards. Every effort shall be made to maintain the privacy of abutting property owners. 13. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 14. Applicant shall provide a new paved driveway surface within the private easement, extending from the subject property to Victoria Street, minimum 16 feet in width, subject to approval by the Planning Division. 15. The paving specified in condition of approval number 14 shall extend to the northerly end of the property line, to include the existing turn -around. 16. To avoid an alley -like appearance, the driveway shall be developed without a center swale. Design shall be approved by the Planning Division. 17. The site plan submitted with initial working drawings shall contain a notation specifying the project is a one -lot condominium. 18. It is recommended that the project incorporate green building design and construction techniques where feasible. The applicant may contact the Building Safety Division at (714) 754-5273 for additional information. 19. Applicant shall provide proof of establishment of a homeowner's association prior to release of any utilities. 20. Property line walls or fences shall be constructed at the completion of the rough grading. At the time of removal of any separation barrier including, but not limited to existing fencing, structures or property line hedges, a temporary chain link security fence, minimum six feet high, shall be put in place prior to demolition permit being issued for the property, to separate the subject property from 2166 Myran Drive, which shall remain in place until property line walls or fences have been constructed. 21. Parking of vehicles within the private vehicle access, easement.shall not be permitted. Eng. 22. Maintain the public right-of-way in a "wet-down" condition to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling. City 23. Signs shall be posted stating parking of vehicles within the private Council vehicle access easement shall not be permitted.