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HomeMy WebLinkAbout00-75 - Approving Development Review DR-00-11RESOLUTION NO. 00-75 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING DEVELOPMENT REVIEW DR -00-11. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Brian Johnson of Pelican Homes, authorized agent for Instant Jungle International, with respect to real property located at 2100 and 2130 Canyon Drive, requesting approval of Development Review DR -00-11, for an 18 -unit, small -lot, single-family project with a variance to allow 3 stories (2 stories permitted) and a 10 -foot rear yard setback for second floor balconies (20 feet required), an administrative adjustment to allow a 12 -foot front setback (20 feet required), a 15 -foot rear setback for the main part of the homes (20 feet required), and a minor modification to allow a 34 -foot building height (30 feet permitted) in the PDR -MD zone; and WHEREAS, the Planning Commission held a duly noticed public hearing on August 28, 2000, and adopted the Negative Declaration and approved Development Review DR -00-11; and WHEREAS, an appeal of the Planning Commission's approval of Development Review DR -00-11 was submitted by City Council Member Somers on September 5, 2000; and WHEREAS, a duly noticed public hearing was held by the City Council on October 2, 2000, and continued to the meeting of October 16, 2000; WHEREAS, the applicant submitted a revised plan to the City Council on October 16, 2000, which reduced the number of units from 18 to 16 and provided additional parking spaces for the project; NOW, THEREFORE, BE IT RESOLVED 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 adopts the Negative Declaration and approves Development Review DR -00-11 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 development described in the Agenda Report for Development Review DR -00-11, 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 of the conditions of approval. PASSED AND ADOPTED this 16th day of October, 2000. ATTEST: Lg� . 7 -- Deputy City Cl k of the City of Costa Mesa Mayor of the City of Costa Mesa APPROVED AS TO FORM CITY ATTO 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. 00-75 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 16th day of October, 2000. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 19th day of October, 2000. Deputy City qerk and ex -officio Clerk of the City Coun ' of the City of Costa Mesa EXHIBIT "A" FINDINGS — DR -00-11 APPL. DR -00-11/T-16070 A. The proposed project complies with Costa Mesa Municipal Code Section 13- 29(e) because: • The proposed development and use 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 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. B. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(1) in that, because of special circumstances applicable to the property, the strict application of development standards deprives such property of privileges enjoyed by others in the vicinity under identical zoning classifications. Specifically, the unusual topography of the site creates a special circumstance where approval of the requested variances from building height and rear yard setbacks is justified. The granting of the deviation will not allow a use, density, or intensity which is not in accordance with,the general plan designation for the property. C. The information presented substantially complies with section 13-29(g)(1) and 13-29(g)(6) of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the administrative adjustment from front and rear building setbacks. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under the identical zoning classification. Specifically, the unusual topography of the site creates a special circumstance where approval of the administrative adjustment is justified. Granting the administrative adjustment will not allow a use, density, or intensity which is not in accordance with the general plan designation and specific plan of the property. The minor modification for the building height will not be materially detrimental to the health, safety, and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. The improvement is compatible and enhances the architecture and design of the existing and 4PPL. DR -00-11/T-16070 anticipated development in the vicinity. This includes the site planning, land coverage, landscaping, appearance, scale of structures, open space and other applicable features relative to a compatible and attractive development. D. An initial study was prepared, pursuant to the California Environmental Quality Act. Although the proposed project could have a significant effect on the environment, according to the initial study and negative declaration, which reflect the independent judgment of the City of Costa Mesa, there will not be a significant effect on the environment because mitigation measures have been added to the project. E. The evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on wildlife resources or habitat. F. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code, because the anticipated traffic generation from the proposed development will be less than that generated by existing development. G. The closest fire hydrant to this project is of"an inadequate type to provide the minimum volume of water necessary for proper protection. This can be compensated for by the installation of a fire hydrant on the site. J APPL. DR -00-11 /T-16070 EXHIBIT "B" CONDITIONS OF APPROVAL — DR -00-11 Ping. 1.* Prior to the issuance of any grading permit, the project applicant shall provide written evidence to the Director of the Development Services Department that a qualified archaeologist and paleontologist have been retained, and shall be present at the pre - grading conference, establish procedures for archaeological and paleontological resource surveillance, and in cooperation with the project developer, establish procedures for temporarily halting or redirecting work to permit sampling, identification, and evaluation of the artifacts, as appropriate. If the resources are found to be significant, the monitors► shall determine appropriate actions, in cooperation with the project developer, for exploration and/or salvage. 2. The side and rear elevations of units visible from off-site shall have enhanced architectural details and window treatments per the direction of Planning staff. 3. Applicant shall provide proof of establishment of a homeowner's association prior to release of any utilities. 4. 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 5. Prior to issuance of building permits, applicant shall contact the U.S. 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. 6. Street addresses shall be displayed on the front of the house adjacent to the main entrance or front door of each residence in a manner visible to the street. Street address numerals shall be a minimum 6 inches in height with not less than '/2 -inch stroke and shall contrast sharply with the background. 7. The subject property's ultimate finished grade level may not be filled/raised in excess of the finished grade as shown on the submitted plans. Means of accommodating drainage shall be approved by the City's Building Official prior to issuance of any grading or building permits. Development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 8. The applicant shall contact MediaOne of Costa Mesa at 200 Paularino Avenue, Costa Mesa, (549-3500) prior to issuance of building permits to arrange for pre -wiring for future cable APPL. DR -00-11 /T-16070 communication service. 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. The conditions of approval and ordinance or code provisions of Development Review DR -00-11 and T-16070 shall be blueprinted on the face of the site plan. 11. The applicant shall contact the Planning Division to arrange for a "special requirements" 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. 12. Second floor windows shall be designed and placed to minimize direct lines -of -sight into windows on adjacent neighboring properties, and to minimize visibility into abutting residential side and rear yards. Every effort shall be made to maintain the privacy of abutting property owners. Prior to issuance of building permits, applicant shall provide a written window placement study demonstrating compliance with this condition. 13.* The applicant shall construct the retaining walls along the easterly boundary (adjacent to West Bluff Village) of a material compatible with the construction materials and color of the adjacent residential development. 14. The applicant shall incorporate decorative, 6 -foot wrought iron fences on top of the retaining walls to provide yard area fencing for the new units and minimize wall mass. CC&Rs shall prohibit replacement of wrought iron fencing with solid walls or fences. 15. The retaining walls along the southerly boundary (adjacent to Canyon Community Park) shall be heavily landscaped to soften the edge of the property, including vines, to discourage graffiti. 16. All backflow prevention devices, transformers, and other utility equipment shall be placed behind the 10 -foot landscaped front setback along Canyon Drive, and shall be screened from view in a manner approved by the Planning Division. 17.* To avoid the loss of an active raptor nest on the site, 30 days prior to the onset of construction activities, a qualified biologist shall be required to survey the project site for the presence of occupied nests. Any occupied nests found during the survey shall be protected until nesting activity has ended to ensure compliance with Section 3503.5 of the California Fish and Game Code. Nesting activity for raptors in the region of the study area normally occurs from February 1 to June 30. 18. The applicant shall provide a "tot lot" on the lower (east) side of APPL. DR -00-11/T-16070 Lot B including, but not limited to, lighting, benches, tables, etc., subject to the approval by the planning staff. Fencing surrounding Lot B shall be limited to decorative wrought iron. 19. Included in the required CC&Rs shall be a provision that the large ficus tree on Lot B be preserved in place on-site and maintained by the homeowner's association. The CC&Rs shall contain provisions that the tree shall not be removed or significantly altered without prior written approval from the City. The City's approval may not be unreasonably withheld. The City may require the homeowner's association to provide a report from a Certified Arborist supporting said removal or alteration. 20. Prior to the release of occupancy for any units, the applicant shall submit a plan for on-going maintenance of the large ficus tree, to be approved by the City. 21.* To avoid damage to the tree during grading and construction, the following measures shall be followed by the applicant and incorporated into the project plans and specifications, to be verified by the City during plan check and approved by the City prior to issuance of any grading or building permits and prior to initiation of demolition: • Before lowering grades, scarifying or preparing the soil for sub -grade for fill, root prune tree at edge of excavation to depth required. • In preparing the sub -grade for pavement and structures, use paving section requiring a minimum amount of excavation and increase strength of pavement to reduce relianceon sub -grade for strength. • When excavating for footings: 1 . Avoid continuous footings adjacent to tree; 2. Use pier foundations with grade beam above grade instead of slab foundations (see Figure 2 Appendix C of the Initial Study); 3. Orient piers to avoid major roots; 4. Excavate by hand, bridging roots where possible; 5. Where roots must be removed, cut cleanly with appropriate equipment (e.g., rock saw). Do not use equipment that pulls or shatters roots (i.e., backhoe and trencher). • When trenching for utilities: 1. Avoid open trenching in the root zone; 2. Tunnel under larger roots, 1 -inch diameter; 3. Consolidate utilities into one trench, if possible. • Before creating a clearing for building, traffic and construction equipment, prune to minimize height required for structures and equipment prior to construction. All pruning shall be 9M Eng. APPL. DR -00-11/T-16070 performed by a Certified Arborist and Tree Worker, and shall conform to ANSI pruning standards. 22. * Tree health and condition shall be closely monitored by a Certified Arborist during and after construction. Any questions regarding tree preservation during construction shall be referred to the Certified Arborist. 23. * In accordance with the requirements of AB 939, construction contractors shall reuse construction forms where practicable or applicable, attempt to balance soils on the site, minimize over cutting of lumber and polyvinyl chloride (PVC) piping where feasible, and reuse landscape containers to the extent feasible. 24. * Prior to any grading or other on-site demolition or construction activities, the applicant shall provide a comprehensive asbestos survey report and lead based paint survey for all structures on the project site. Any remediation required as outcome of the survey reports efforts shall be implemented per Federal, State, and local standards for all asbestos and lead-based paint found on-site prior to any other construction activity, to the satisfaction of the Development Services Department 25. * The septic tank located on-site shall be removed and properly disposed of, in compliance with all Federal, State, and local regulations, to the satisfaction of the Engineering Division. 26. * A final hydrology study for the project addressing pre- and post - construction runoff rates and any potential impacts to the storm drain channel system shall be submitted to the Building and Engineering Divisions 'and appropriate County agencies prior to issuance of any building or grading permits. Any measures, required by the study to avoid impact downstream, will be implemented by the applicant. 27. * Prior to grading, the project developer shall remove any surficial debris, organic materials, and deleterious materials; and identify all active or inactive utilities within the construction area and relocate and abandon, as necessary. 28. Maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling. 29. * A local drainage connection permit shall be obtained from the County of Orange Regulation/Public Property Permit Division to allow connection with the existing County drainage facilities prior to occupancy, if necessary. Permits shall also be obtained from the City's Engineering Division for connections to City drainage facilities. 30. * A licensed geotechnical firm shall inspect the site during grading to detect unknown faults. Additional mitigation measures may need to be implemented to address specific building designs as APPL. DR -00-11/T-16070 they pertain to constraints from unknown faults. 31.* The applicant shall ensure that the geotechnical requirements of soil preparation be followed during grading. 32. * The applicant shall ensure that the permanent slopes shall not be constructed at a gradient steeper than 2:1 (horizontal: vertical) and shall be planted with grasses or other suitable vegetation to minimize surficial erosion. * These mitigation measures of the negative declaration have been included as conditions of approval. If any of these conditions are removed, the decision-making body must make a finding that the project will still not result in significant environmental impacts and that the negative declaration is still valid. 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. A minimum 20 -foot by 20-foot,.clear interior dimension shall be provided for all garages. 2. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and final releases will not be granted until all such licenses have been obtained. 3. Approval of the planning application is valid for one (1) year and will expire at the end of the period unless building permits are obtained and construction commences, or the applicant applies for and is granted an extension of time. 4. Permits shall be obtained for all signs according to the provisions of the Costa Mesa Sign Ordinance. 5. Development shall comply with all requirements of Section 13- 38 and Chapter V, Article 2, of Title 13 of the Costa Mesa Municipal Code relating to development standards for residential projects. 6. Minimum garage door widths shall be 16 feet. 7. All garages shall be provided with automatic garage door openers. 8. Included in the required CC&Rs shall be a provision that will permit the installation of solar heating systems, subject to applicable zoning district requirements, the Uniform Building Code, and associated ordinances, and reasonable architectural review by the project's architectural review committee 9. The CC&Rs shall include a provision as to use and maintenance of all guest parking spaces, driveways and common open PPL. DR -00-11/T-16070 space. 10. CC&Rs and articles of incorporation and bylaws for the homeowners association shall be reviewed and approved by both the Planning Division and the Department of Real Estate (DRE) prior to recordation. (DRE review not required for projects containing four or fewer units.) CC&Rs shall include provisions as required in Costa Mesa municipal Code Section 13-41, as well as applicable conditions of approval and code requirements. The applicant shall provide the Planning Division proof of review and approval of the CC&Rs by the DRE prior to recordation. A copy of the recorded CC&Rs shall be submitted to the Planning Division prior to the release of utilities for the units. 1 1 . All on-site utility services shall be installed underground. 12. Installation of all utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation vault, wall cabinet, or wall box under the direction of the Planning Division. 13. Five (5) sets of detailed landscape and irrigation plans shall' be required as part of the project plan check review and approval process. Three (3) sets shall be provided to -the representative water agency and two (2) set shall be submitted to the Planning Division for review. Plans shall be approved by the water agency with two (2) approved sets forwarded by the applicant to the Planning Division for final approval prior to issuance of building permits. 14. Two (2) sets of landscape and irrigation plans, approved by both the water agency and the Planning Division, shall be attached to two of the final building plan sets. 15. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13-108 as well as irrigation requirements set forth by the water agency. Consult with the representative water agency. Mesa Consolidated Water District, Ray Barela (949) 631-1291. 16. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 17. In compliance with the City's mitigation monitoring program, the applicant shall submit a compliance report to the Planning Division along with plans for plan check, that lists each mitigation measure and states when and how the mitigation measures are to be met. 18.* * Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 6 p.m., Monday through Friday, and APPL. DR -00-11/T-16070 from 8 a.m. to 5 p.m. on Saturday. No work shall be permitted on Sunday and Federal holidays. Exceptions may be made for activities that will not generate noise audible from off-site, such as painting and other quiet interior work. Bldg. 19. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 20. All accessory and minor structures (i.e., retaining walls) require separate design and building permits. 21.** All seismic design requirements outlined by the State of California and the latest Uniform Building Code adopted by the City of Costa Mesa shall be implemented to mitigate ground shaking potential according to plans approved by the Building Division. 22. * * Prior to or concurrent with submittal of plans for building plan check, applicant shall submit a Water Quality Management Plan (WQMP) that identifies the application and incorporation of those routine structural and non-structural Best Management Practices (BMPs) outlined in the Countywide National Pollution discharge elimination . systeM (NPDES) Drainage Area .Management Plan (DAMP), Appendix G. The WQMP shall detail implementation of BMPs not dependent on specific land uses, for review and approval by the Development Services Department. 23. * * The project applicant shall require the contractor to comply with the SCAQMD's regulations during construction, including the following: a. SCAQMD Rule 403 shall be adhered to, insuring the clean up of construction -related dirt on approach routes to the site. Rule 403 prohibits the release of fugitive dust emissions from any active operation, open storage pile, or disturbed surface area beyond the property line of the emission source. Particulate matter deposits on public roadways are also prohibited. b. Adequate watering techniques shall be employed to partially mitigate the impact of construction—generated dust particulates. Portions of the project site that area undergoing earth moving operations shall be watered such that a crust will be formed on the ground surface and then watered again at the end of the day. g. Grading operations shall be suspended when winds exceed 25 miles per hour. h. Building construction shall comply with the energy use guidelines in Title 24 of the California Administrative Code. APPL. DR -00-11/T-16070 Parks 24. Street trees along the front setback shall meet with the Pkwys. approval of the Parks and Parkways Division. Street trees shall be Pinus canariensis on Canyon Drive, 15 -gallon minimum size, spaced at 30 feet on center. Eng. 25. At the time of 'development submit for approval an off-site plan to the Engineering Division and grading plan to the Building Division that shows sewer, water, existing parkway improvements and the limits of work on the site, and hydrology calculations, both prepared by a civil engineer of architect. Construction access approval must be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay off-site plan check fee to the Engineering Division. An approved off-site plan and fee shall be required prior to engineering/utility permits being issued by the City. 26. A construction access permit and deposit of $500.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 27. Haul routes must be approved by the Engineering Division, prior to approval of the construction access permit. 28. Submit required cash deposit,- or surety bond to guarantee construction of off-site street improvements at time of permit per Costa Mesa Municipal Code Section 15-32, and as approved by City Engineer. Cash deposit or surety bond amount to be determined by City Engineer. 29. Obtain a permit from the Engineering Division, at the time of development, and then construct P.C.C. residential/commercial sidewalk along Canyon Drive, per City of Costa Mesa standards as shown on the off-site plan, including four (4) feet clear around obstructions in the sidewalk. 30. Obtain a permit from the Engineering Division, at the time of development, and then construct P.C.C. driveway approach per City of Costa Mesa Standards as shown on the off-site plan. Location and dimensions are subject to the approval of the Transportation Services Manager. ADA compliance required for all driveway approaches. 31. Obtain a permit from the Engineering Division, at the time of development, and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 32. Construct storm drain facilities as per City of Costa Mesa Master Drainage Plan. Trans. 33. Parking shall be limited to only one side of the private street where the width is less than 36 feet as measured from curb to curb. Fire 34. Provide one (1) Class A fire hydrant to be located as indicated APPL. DR -00-11/T-16070 on plans reviewed by the Fire Department. 35. The hydrant shall be installed and operable prior to the initiation of combustible construction. 36. Water improvement plans shall be approved by the Fire Department. . 37. Access consisting of a minimum 20 -foot wide roadway capable of supporting fire apparatus shall be maintained to all fire hydrants from the time that the hydrants are placed into service. Special consideration shall be given to maintaining the integrity of such roadways during periods of inclement weather. 38. Provide "blue dot" reflective markers for the on-site fire hydrant. 39. Proof of recordation of an easement for fire access shall be provided prior to the release of building permits. 40. Water mains and hydrants shall be installed to the standards of the Mesa consolidated Water District and dedicated along with repair easements to that agency. * * These code requirements are also included as mitigation measures. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts 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. 2. County sanitation district fees, fixture fees, inspection fees, and sewer permit are required prior to installation of sewer. To receive credit for buildings to be demolished, call (714) 754- 5307. 3. Developer shall submit a plan showing sewer improvements to the District Engineer's office — (714) 631-1731. 4. Due to the increased sewer capacity problems stemming from the nature of this project, the development may be required to participate in the cost of providing additional sewer capacity. 5. Developer shall contact the Costa Mesa Sanitary District at (714) 754-5307 for trash collection requirements or exemptions for this project. 6. The developer is required to contact the Costa Mesa Sanitary District at (714) 754-5307 to arrange final sign -off prior to certificate of occupancy being released. School 7. Pay applicable Newport Mesa Unified School District fees to the Building Division prior is issuance of building permits. APPL. DR -00-11/T-16070 Fish & 8. Applicant shall submit a check to the Planning Division for an Game environmental handling fee of $38.00 made payable to the county clerk -recorder within seven (7) days of project approval. Approval of this project will not be vested or final until the filing fee (required under section 711.4 of the Fish and Game Code) has been paid.[PRC 21089(b)]. State 9. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information.