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HomeMy WebLinkAbout01-83 - Approving Development Review DR-01-22RESOLUTION NO. 01-83 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DR -01-22. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Gary Johnson, owner of real property located at 248 Flower Street, requesting approval of a development review to legalize the conversion of the first floor of an existing two-story accessory structure, originally approved as a first floor recreation room and a second floor accessory apartment; and WHEREAS, staff approved Development Review DR -01-22 on July 2, 2001; and WHEREAS, Development Review DR -01-22 was appealed by the applicant; and WHEREAS, on September 10, 2001, the Planning Commission approved Development Review DR -01-22; and WHEREAS, on September 12, 2001, Development Review DR -01-22 was appealed to the City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on November 19, 2001; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Costa Mesa that based on the evidence in the record and the findings contained in Exhibit "A", and subject to conditions of approval contained in Exhibit "B", the City Council hereby approves Development Review DR -01-22 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 development as described in the staff report for Development Review DR -01-22 and upon applicant's compliance with each and all conditions contained in Exhibit "B". 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 conditions of approval. PASSED AND ADOPTED this 19th day of November, 2001. a fro e City of Costa Mesa ATTEST: JL"" -T APPROVED AS TO FORM Deputy City Jerk of the City of Costa Mesa STATE OF CALIFORNIA) CITY ATT EY 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. 01-83 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19th day of November, 2001. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 20th day of November, 2001. J Deputy COClerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. DR -01-22 (APPEAL A. Approval of the development review will allow a use, density, and intensity which is in accordance with the General Plan designation for the property. Specifically, the applicant will be required to convert the existing second floor accessory apartment to a recreation room by completely removing the existing bedroom, bathroom, and kitchen, including interior walls and plumbing fixtures on the second floor so as to allow the first floor to be legally utilized as a granny unit. With this requirement, the number of units on the property will not exceed the maximum number of units allowed under the City's General Plan. B. The development review, as conditioned, complies with Costa Mesa Municipal Code Section 13-29(e) because: • The proposed project 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 proposed project complies with applicable performance standards prescribed in the Zoning Code, specifically as it pertains to commercial uses. • The project is consistent with the General Plan. • The planning application is for a project -specific case and does not establish a precedent for future development. • The cumulative effects of all past and present planning applications have been considered for both the subject property and surrounding 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. D. 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 APPL. DR -01-22 (APPEAL Ping. 1. 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. Street address shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the public street. Numerals shall be a minimum 6 inches in height with not less than 1/2 - inch stroke and shall contrast sharply with the background. 3. The conditions of approval for DR -01-22 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 4. The granny unit shall be served from the same utility meters (electric, gas, and water) as the main dwelling unit on the property. 5. The applicant shall convert the existing second floor accessory apartment to a recreation room by completely removing the existing bedroom, bathroom, and kitchen, including interior walls and plumbing fixtures. Plans submitted for plan check shall show how this will be accomplished. 6. The property owner shall file with the Planning Division an affidavit declaring, under penalty of perjury, that not more than two residents occupy the granny unit, each of whom is no -less than 62 years of age. The affidavit shall be filed annually, or upon change of tenant, whichever occurs first, and shall be accompanied by a copy of the current lease or rental agreement. 7. The applicant shall contact the Planning Division to arrange for a planning inspection of the site before release of occupancy. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 8. The applicant shall contact AT&T Broadband at 200 Paularino, Costa Mesa, (549-3535) prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 9. Due to the illegal nature of the current conversion, the applicant shall complete all construction and requirements of this development review no later than 60 days from the date Planning Commission action becomes final.