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HomeMy WebLinkAbout02-06 - Approving Planning Application PA-01-33RESOLUTION NO. D-2- 6 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -01-33. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Mark Korando for Humanity Housing, Inc., for real property located at 1925 Pomona Avenue, requesting approval of Planning Application PA -01-33 for conversion of apartments to a residential common interest development (condominiums), variances and' deviations from the Zoning Code, to allow construction of one two-story dwelling unit, and conversion of six units to five units for an affordable ownership housing project in the R2 -MD zone; and WHEREAS, after notice of public hearing to consider the request, the Planning Commission approved the planning application on November 13, 2001; and WHEREAS, this item was appealed to the City Council on November 20, 2001, a duly noticed public hearing was scheduled for January 7, 2002, and continued to January 22, 2002. NOW, THEREFORE, BE IT RESOLVED that based on the evidence in the record and the findings contained in Exhibit "A", the City Council of the City of Costa Mesa hereby approves Planning Application PA -01-33. 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 described in the agenda report for Planning Application PA -01-03 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 22nd day of Januar , 0 ;, kl�4, Mayor of the City of Costa Mesa ATTEST: Deputy City 7 r of the City of Costa Mesa STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) AP PROV4AS FORM ?CITF,Y.�,. 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. oa_4. was duly and regularly passed and adopted by the said City Council at a regular meeting thereof, held on the 22nd day of January, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Seal of the City of Costa Mesa this 23`d day of January, 2002. T. DeputyJCcil Clerk and ex -officio Clerk of the City of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -01-33 A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(10) in that, even though the critical vacancy rate for apartments is less than the rate established in Section 13-42 (c) RESIDENTIAL COMMON • INTEREST DEVELOPMENT CONVERSIONS, the applicant has submitted an adequate and legally binding plan which .mitigates the displacement of long-term residents, particularly senior citizens and low- and moderate -income families and families with school-age children. The proposed conversion project' also fulfills the adopted General Plan goals and policies to preserve the availability of existing housing opportunities and to conserve as well as enhance the quality of existing dwelling units by rehabilitating existing dwelling units and improving site conditions. B. 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. C. The project, as conditioned is consistent with Article 22 '/z, Transportation System Management of Title 13, of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated at all affected intersections. D. The proposed reductions/deviations in development standards are appropriate in terms of meeting the intent and maximum 20% reduction concession as allowed by the CMMC to encourage development of affordable housing. E. Granting a variance for reduction in landscape parkway width, along both sides of the private driveway, exceeding a maximum 20% reduction concession, is warranted due to special circumstances applicable to the property consisting of the property's current development configuration, extraordinarily narrow lot width -to -depth dimension, and the detriment caused to the affordability objective by having to reconstruct existing buildings and/or eliminate construction of the one new double car garage and strict compliance of this landscape requirement would deprive the owner of the same use of the property enjoyed by others in the vicinity under identical zoning classifications. F. Since the property's buildings will be *substantially utilized in their current configuration when the apartments are converted to condominiums, and the new landscape parkway Code requirement was enacted in 2001, continued utilization of the driveway as it generally exists would not constitute the grant of a special privilege for this property owner not enjoyed by other owners in the immediate area and same zone. APPL. PA -01-33 G. ) Granting this variance will not allow a use, density, or intensity that is not in accordance with the General Plan designation and any applicable specific plan for the property. EXHIBIT "B" - CONDITIONS OF APPROVAL APPL. PA -01-33 Ping. 1. Address assignment shall be requested from the Planning Division prior to submittal of working drawings for plan check. The approved address of individual units shall be blueprinted on the site plan and on all floor plans in the working drawings. 2. Prior toissuance of --building .-permits, applicant shall- contact the US Postal Service with regard to location and design .of mail delivery receptacles. Such receptacles shall be shown on the site plan and landscape plans. 3. Street addresses shall be displayed on the complex identification sign or, if there is no complex identification sign, on the building fascia adjacent to the main entrance or front door, in a manner visible to the public street and on the building face/wall/fence visible to the public alley, if applicable. Street address numerals shall be a minimum 6" in .height with not' less than '/z " stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than '/4 " stroke and shall contrast sharply with the background. 4. 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 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. 5. To avoid an alley -like appearance, if the driveway is paved with asphalt, it shall be developed without a center concrete swale. The final design shall be approved by the Planning Division. ' 6. Demolition permits for existing structure(s) 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. 7. A land use restriction and incentive agreement executed by and between the applicant and the City of Costa Mesa shall be recorded prior to the issuance of building permits. Applicant shall submit to the Planning Division a copy of the legal description for the property, and APPL. PA -01-33 either a lot book report or current title report identifying the current - legal property owner so that the document may be prepared. 8. The site plan submitted with initial working drawings shall contain a notation specifying that the project will be a one -lot condominium project. 9. Prior to issuance of building permits, a tract map shall be approved and recorded. 10. Transformers, backflow prevention valves, and any other above- ground utility improvements, shall be located outside of the required street setback area and shall be screened from view, under the direction of Planning staff. 11. Applicant shall contact the Building Safety Division, prior to the release of utilities for any units, to provide proof that the Uniform Building Code requirements for condominiums have been satisfied, to obtain a change of occupancy permit, and to complete any additional paperwork created through this conversion. 12. Applicant shall provide proof of establishment of a homeowners association prior to release of any utilities. 13. The applicant shall contact AT&T/Broadband Cable Television of Costa Mesa at 200 Paularino, Costa Mesa, (888.255.5789) prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 14. The conditions of approval and ordinance or code provisions of planning application PA -01-33 shall be blueprinted on the face of the site plan. 15. The applicant shall contact the Planning Division to arrange for 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. 16. All existing units shall be refurbished, repainted, and remodeled as deemed, necessary by the Building Official, and/or his designee, and in compliance with all requirements of the City -Habitat "Affordable Housing Agreement". Eng, 17. 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. Police 18. A list of security recommendations has been provided by the Police Department for the applicant's consideration. APPL. PA -01-33 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. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy --and. utility.. releases. ;will snot ..be granted: until all such licenses have been obtained. 2. Approval of the planning application is valid for one -(1) year and will expire at the end of that period unless building permits are obtained and construction commences, or the applicant .applies for and is granted an extension of time. 3. Development shall comply with all requirements of Section 13-38, (and Article 9, Chapter V) of Title 13 of the Costa Mesa Municipal Code relating to development standards for multi -family residential projects. 4. Minimum garage door widths shall be as follows: - single -garage - 8' - double -garage - 16' 5. All garages shall be provided with automatic garage door openers. 6. 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. 7. The CC&Rs shall include a provision 'as to use and maintenance of all guest parking spaces, driveways, and common open space. 8. CC&Rs and articles of incorporation and bylaws for the homeowners' association shall be reviewed and approved by both the City Planning Division and the State Department of Real Estate (DRE), prior to recordation. 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 Plan ning'Division prior to the release of utilities for the units. 9. Resident parking shall only be in assigned spaces. Guest spaces shall be clearly delineated and used as such. 10. Parking stalls shall be double -striped in accordance with City standards. 11. The paving under required covered parking spaces shall be Portland Cement Concrete (PCC). 12' All on-site utility services shall be installed underground. 13 14 15. 16 17 18 19. 20. 21. 22. Trans. 23. 24. Eng. 25. APPL. PA -01-33 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 shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division. Any mechanical equipment such as air-conditioning equipment and ductwork shall be screened from view in a manner approved by the Planning Division. Four (4) 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 one (1) 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. 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. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 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 for requirements. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. Installation of a 6' high solid opaque walls or fences shall be required as indicated on the site plan, and pursuant to direction of the Planning Division. All property line walls or fences shall be repaired or replaced as necessary under the direction of the Planning Division. Trash enclosure shall be provided. .Design of trash enclosure shall conform to City standards. Standard drawings are available from the Planning Division. Widen existing drive approach on north side to accommodate new driveway. Provide a minimum 25' parking aisle width for all parking spaces to allow adequate space for turning movements into and out of parking spaces. (Code requirement void if Planning Commission approves variance from back -out dimensions.) 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 or architect. Construction access approval must APPL. PA -01-33 be obtained prior to building or engineering permits being issued by the City of Costa Mesa. Pay offsite plan check fee to the Engineering Division. An approved off -site --plan and fee shall be SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: 1. Pay applicable Newport Mesa Unified School District fees prior to issuance of building permits. 2. Developer may 'be required to construct .sewer laterals to serve this project, subject to approval by the Costa Mesa Sanitary District. 3. Orange County Sanitation District fees, fixture fees, inspection fees, and sewer permit required prior to issuance of building permits. To receive credit for buildings to be demolished, call (714) 754-5307 for inspection. 4. Developer shall contact the Costa Mesa Sanitary District at (714) 754-5307 for trash collection requirements or exemptions for this project. 5 Developer is required to contact the Costa Mesa Sanitary District at (714) 754-5307 to arrange final sign -off prior to certificate of required prior to engineering/utility permits being issued by the City. 26. A construction permit and deposit of $350.00 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 27. Applicant is advised that Pomona Avenue is under a "no open cut" moratorium until December 7, 2003. Open ---cutting of the street - pavement will only be approved by the City Engineer with special resurfacing requirements. Fire 28. Provide approved smoke detectors to be installed in accordance with the 1991 Edition of the Uniform Fire Code. 29. Provide a pedestrian gate at the rear of the property for Fire Department access. Bldg. 30. Comply with the requirements of the Uniform Building Code as to design and construction and CCR Title 24 pertaining to "Disabled Access Regulations". 31. 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. SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: 1. Pay applicable Newport Mesa Unified School District fees prior to issuance of building permits. 2. Developer may 'be required to construct .sewer laterals to serve this project, subject to approval by the Costa Mesa Sanitary District. 3. Orange County Sanitation District fees, fixture fees, inspection fees, and sewer permit required prior to issuance of building permits. To receive credit for buildings to be demolished, call (714) 754-5307 for inspection. 4. Developer shall contact the Costa Mesa Sanitary District at (714) 754-5307 for trash collection requirements or exemptions for this project. 5 Developer is required to contact the Costa Mesa Sanitary District at (714) 754-5307 to arrange final sign -off prior to certificate of APPL. PA -01-33 occupancy or utilities being released. 6. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at 714.708.1910 for information.