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HomeMy WebLinkAbout11-15 - Modify Planning Commission's Action to Approve Planning Application PA-10-38RESOLUTION NO. 11-15 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, TO MODIFY THE PLANNING COMMISSION'S ACTION TO APPROVE PLANNING APPLICATION PA -10-38. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Alison Nguyen, authorized agent for property owner Kathy Nguyen, with respect to the real property located at 1970 Maple Avenue in the R2 -HD zone, requesting approval of a minor design review to construct two, two-story detached condominium units with the following deviations from the Residential Design Guidelines: 1. Second to first floor ratio (80 percent recommended; 98 percent proposed); 2. Second story side setbacks (10 -foot average recommended; 5 feet proposed on both sides). WHEREAS, a duly noticed public hearing was held by the Planning Commission on April 11, 2011, with all persons provided an opportunity to speak for and against the proposed project, and PA -10-38 was approved by the Planning Commission; WHEREAS, a review of PA -10-38 was filed by Mayor Monahan on behalf of the project applicant; BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A," the City Council hereby MODIFIES the Planning Commission's action to APPROVE Planning Application PA -10-38. PASSED AND ADOPTED this 15th day of March, 2011. 0, � -A "I (, - - Gary Monahan, M'yor ATTEST: JuliEKIFolcik, City Clerk APPROVED AS TO FORM: Thom9s buapt9r, Itity 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 foregoing Resolution No. 11-15 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 3rd day of May, 2011, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS NOES: COUNCIL MEMBERS ABSENT: COUNCIL MEMBERS MONAHAN, RIGHEIMER, BEVER, LEECE, MENSINGER NONE NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 4th day of May, 2011. JULWE FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" FINDINGS (Approval) PA -10-38 A. The proposed project complies with Costa Mesa Municipal Code Section 13-29 (e) because: a. The proposed development and use is compatible and harmonious with uses both on site as well as those on surrounding properties. b. Safety and compatibility of the design of the building and other site features, including functional aspects of the site development, have been considered. c. The project is consistent with the General Plan designation of Medium Density Residential. Under this designation five dwelling units are allowed on the subject property and two dwelling units are proposed. Approval of the condominiums will also satisfy General Plan Goal LU -1A.4 that encourages additional home ownership opportunities in the City. d. 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 proposed development is substantially compatible and harmonious with existing and/or anticipated development on surrounding properties. This includes site planning, landscaping, appearances, scale of structures, location of windows, and any other applicable features relative to a compatible and attractive development. Specifically, the project is consistent with the City's General Plan, Zoning Code, and the intent of the City's Residential Design Guidelines. The area consists of a mix of single- and two-story residences and the proposed structures would not appear out of place or obtrusive because they are similar in scale and massing with several two-story residences in the vicinity. The homes also incorporate quality materials such as terracotta roof tiles with varying rooflines and architectural features such as stone base columns, stucco trim, molding around windows, and decorative railings to provide visual relief from off-site. The second floor windows are also placed so as to minimize privacy impacts and direct views into windows on the adjacent properties. C. The project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt from CEQA under Section 15332 for In -Fill Development Projects. D. The project is exempt from Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. PA -10-38 EXHIBIT "B" CONDITIONS OF APPROVAL (IF PROJECT IS APPROVED) Ping. 1. The approved address of individual units (A and B) shall be blueprinted on the site plan and on all floor plans in the working drawings as part of the plan check submittal package. 2. Provide obscure glass for the large master bathroom windows and a minimum 5 -foot high privacy wall on the side of the second floor balconies, under the direction of the Planning Division. 3— The—.`, pp"Gararrt shalla�vverk withPI�ng staff to provide additienal artoGulatmen en the south elevatien for beth units. The purpose ref this Genditien is to rneettheTient (altheugh not the letter) of the resideRti 1 Efline for a 10 feet average side yaFd setbaGk aleng the south `plans 4. vafien. Medift tieR to- the will OnE;I de a reyisio.7ren-in the to the satnsfaGtien of the [Development pent SeR4GG-6 DiFeGter—. The landscape setback area from Maple Avenue shall be landscaped with trees and vegetation. The landscape plan shall be approved prior to issuance of building permits and shall contain additional 24 -inch box trees than the minimum Code requirements to the satisfaction of the Development Services Director or his/her designee. 5. Solid masonry walls shall be constructed pursuant to Costa Mesa Municipal Code Section 13-75(a). The walls shall have a finished quality on both sides. Where walls on adjacent properties already exist, the applicant shall work with the adjacent property owner(s) to prevent side- by-side walls with gaps in between them. 6. 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#loor plan. 7. The subject property's ultimate finished grade level may not be filled/raised in excess of 30" above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable onsite 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 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. 8. The site plan submitted with initial working drawings shall contain a notation specifying the project is a two -unit, common interest PA -10-38 (condominium) development. 9. The applicant shall contact the current cable company prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 10. Show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted equipment shall not be located in any landscaped setback visible from the street, except when required by applicable uniform codes, and shall be screened from view, under the direction of Planning staff. 11. Homeowners Association CC&Rs shall include a provision that requires garages to be used for resident parking only. Storage may be permitted in the garage if it does not diminish the required parking space in the garage. 12. The CC&Rs shall include a provision mandating binding arbitration in the event of any dispute between the two property owners relating to the homeowner's association. 13. Applicant shall provide proof of establishment of a homeowner's association prior to release of any utilities. 14. The conditions of approval, Code requirements, and special district requirements of Planning Application PA -10-38 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 15. The applicant shall contact the Planning Division to arrange for an inspection of the site prior to the release of utilities. This inspection is to confirm that the conditions of approval and Code requirements have been satisfied. 16. No modification(s) of the approved building elevations including, but not limited to, changes that increase the building height, increase in size or number of 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. 17. 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. 18. Approval of a subdivision map for condominium purposes shall be required for this project. The subdivision map shall be recorded prior to issuance of building permits for the proposed development. At the time of tentative map approval by the Planning Commission, applicant may request that the expiration date of the design review application coincide with the expiration date of the tentative map approval.