Loading...
HomeMy WebLinkAbout11-17 - Reverse a Portion of Planning Commission's Denial and Approve Zoning App ZA-09-37 A1RESOLUTION NO. 11-17 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA TO REVERSE A PORTION OF THE PLANNING COMMISSION'S DENIAL AND APPROVE ZONING APPLICATION ZA-09-37 Al THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by William Lowe, owner of real property located at. 1151 Gleneagles Terrace, in a Single Family Residential (R1) zone; WHEREAS, the proposal was an amendment to minor conditional use permit ZA-09-37 for a previously -approved bedroom/bathroom addition and deck with roof cover that encroaches into the required setback from the bluff crest to allow: (1) 18 in. deep eaves on the sides of the patio cover that extends past the bluff crest; (2) the bedroom/bathroom addition to encroach further into bluff crest setback (4 ft. 3 in. setback from bluff crest); (3) fireplace and solid wall (including support post of the patio cover) to extend past the bluff crest (4 ft. past the bluff crest); and (4) additional roof height for both the patio cover (14 ft. 6 in.) and bedroom/bathroom addition (13 ft. 6 in.); 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 ZA-09-37 Al was denied by the Planning Commission; WHEREAS, an appeal of ZA-09-37 Al was filed on April 15, 2011 by William and Lea Lowe, the property owners, for selected items from the original request including: (1) the bedroom/bathroom addition to encroach further into bluff crest setback (4 ft. 3 in. setback from bluff crest) and (2) additional roof height for the bedroom/bathroom addition (13 ft. 6 in.); BE IT RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A," and subject to the conditions of approval contained within Exhibit "B," the City Council hereby REVERSES a portion of the Planning Commission's denial for the bedroom/bathroom addition to encroach further into bluff crest setback (4 ft. 3 in. setback from bluff crest), roof height for the bedroom/bathroom addition (13 ft. 6 in.), and the fireplace .and solid wall (including support post of the patio cover) to. extend past the bluff crest (4 ft. past the bluff crest) and APPROVES Zoning Application ZA- 09-37 Al. 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 Zoning Application ZA-09-37 Al and upon applicant's compliance with each and all of the conditions 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 17th day of May 2011. ATTEST: Q�� Juli Folcik, City Clerk GARY MONA AN Mayor, City of Costa Mesa APPROVED AS TO FORM: Thomas art , City Attorney r -- 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. 11-17 was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 17th day of May, 2011, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MONAHAN, RIGHEIMER, LEECE, MENSINGER NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: BEVER IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 20th day of May, 2011. JULIE OLCIK, ITYCLERK (SEAL) EXHIBIT "A" FINDINGS (Approval) ZA-09-37A1 A. The information presented complies with Costa Mesa Municipal Code Sections 13 and 13-29(g)(2) in that allowing the residential addition and covered decks to encroi into the bluff crest setback is compatible with developments in the same general ar Granting the minor conditional use permit will not be detrimental to the health, safi and general welfare of the public or other properties or improvements within immediate vicinity. Specifically, the proposed development is compatible with of encroachments in the immediate vicinity and, as conditioned, would not detract from visual identity and integrity of the bluff. The decks should not interfere with access fire protection and a geotechnical report is required to confirm the improvements will endanger the stability of the slope. Granting the minor conditional use permit will allow a use, density, or intensity that is not in accordance with the general r designation for the property. B. The proposed project complies with Costa Mesa Municipal Code Section 13-2� because: 1. The proposed development and use is compatible and harmonious with u! both on-site as well as those on surrounding properties. 2. Safety and compatibility of the design of the buildings, parking are landscaping, and other site features including functional aspects of the development such as automobile and pedestrian circulation have bE considered. 3. The project is consistent with the General Plan designation for the property 4. The zoning application is for a project -specific case and does not establis precedent for future development. C. The project has been reviewed for compliance with the California Environmei Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedur and has been found to be exempt from Class 1, Existing Facilities, of CEQA. D. The project is exempt from Chapter IX, Article 11, Transportation Syst Management, of Title 13 of the Costa Mesa Municipal Code. J ZA-09-37A1 EXHIBIT "B" CONDITIONS OF APPROVAL (IF APPROVED – MODIFIED FROM ZA-09-37) Ping. 1. All structures shall maintain a minimum five-foot setback from each side property line. The 18 inch eaves on the sides (north and south) of the patio roof cover shall be removed. 2. Any future residential addition shall not project beyond the bluff crest without proper City approval. 3. The deck wing wall along the right side (west) property line extending over the bluff crest shall contain glass panels on the bottom, not exceed 42 inches in height from the decks' floors, and shall remain open on the top, extending up to the deck roof with exception to the fireplace and solid wall extending to the support post. 4. The proposed support posts for the decks shall be located as close to the bluff edge as feasible to minimize visual impacts to the bluff. 5. The eave overhang on the rear (west) side of the patio cover shall be removed. No portion of the patio cover may extend more than 10 feet from the bluff crest shown on the approved building plans. 6. The roof height for the patio cover shall be corrected to a maximum height of 12 feet 6 inches. 7— The fiFeplaGe and selid wall shall be GOFreGted as to net extend past the hip �farurf GFeSr 8. 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. 9. Landscaping shall be provided, to the satisfaction of the Planning Division, to screen the decks and support structures. Landscaping material shall consist of dense, evergreen plants and trees. 10. Two (2) sets of detailed landscape and irrigation plans shall be required as part of the project plan check review and approval process. Plans shall be forwarded to the Planning Division for final approval prior to issuance of building permits. 11. Two (2) sets of landscape and irrigation plans, approved by the Planning Division, shall be attached to two of the final building plan sets. 12. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 13. The conditions of approval and Code requirements of Zoning Application ZA-09-37 Al shall be blueprinted on the face of the site plan as part of the plan check submittal package. 14. The applicant shall contact the Planning Division to arrange for Planning inspection of the site prior to Building final inspection. This inspection is to confirm that the conditions of approval and Code requirements have been satisfied. ZA-09-37A1 15. The chimney shall be reduced in height and width to meet minimum standards to satisfy the manufactures specifications and Building Codes. In addition the portion of the chimney extending above the roof shall be as close to the existing residence as possible.