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HomeMy WebLinkAbout02-52 - Approving Planning Application PA-02-19RESOLUTION NO. 02-52 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -02-19 THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Jim Brown, authorized agent for Rick Wahler, owner of real property located at 2800 Bristol Street, for a variance to exceed the allowable building height (30 feet permitted; 36 feet proposed), for a two story, 11,200 square foot retail/office building previously approved under Development Review DR -01- 09; and WHEREAS, the Planning Commission held a duly noticed public hearing on June 24, 2002; and 2002. WHEREAS, on June 24, 2002, the Planning Commission approved PA -02-19; and WHEREAS, PA -02-19 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by City Council on July 15, NOW, THEREFORE, 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 approves Planning Application PA - 02 -19 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 as described in the Staff Report for Planning Application PA -02-19 and upon applicant's compliance with each and all of the conditions contained in Exhibit "B". Should any material change occur in the operation, or should the applicant fail to comply with the Conditions of Approval, then this Resolution, and any recommendation for approval herein contained, shall be deemed null and void. PASSED AND ADOPTED this 15th day of July, 20 2. Mayor of the City of Costa Mesa ATTEST: ax" -2 �4�D Depu City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) APPROVED AS TO FORM 0--&4- City -v 4City Attorney I, JULIE FOLCIK, 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. n2 -g2 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 15th day of July, 2002. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 16th day of July; 2002. DepCity Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -02-19 A. 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 (such as an unusual lot size, lot shape, topography, or similar features), the strict application of development standards deprives such property of privileges enjoyed by others in the vicinity under identical zoning classifications. Specifically, if the applicant were to eliminate the entire second story, it will significantly reduce the allowable building area compared to other two story retail and office buildings in the vicinity. If the applicant were to eliminate the excess building height by creating a "flat roof" type building, the building will be less architecturally consistent with the existing buildings on the site. Lowering or eliminating the tallest part of the main facade to comply with code would also result in exposing the roof mounted mechanical equipment to Bristol Street and the adjoining freeway. The strict application of the 30 foot height limit would deprive the property of privileges enjoyed by other recent commercial developments in the area, such as The Camp project, located at 2937 Bristol Street, which has facades in excess of the 30 foot building height. The architecture of the proposed building is consistent with the existing buildings to create a cohesive overall theme for the entire site. The variance does not constitute a grant of special privileges inconsistent with the limitation upon other properties in the vicinity. B. The proposed project does comply with Costa Mesa Municipal Code Section 13-29 (e) because: 1. The proposed development, use, and architectural design are compatible and harmonious with uses both on site as well as with those on surrounding properties. 2. 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. 3. The proposed project complies with applicable performance standards prescribed in the Zoning Code. 4. The project is consistent with the General Plan. 5. 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. a . r M APPL. PA -02-19 D. The project, as conditioned, is consistent with Chapter XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's impacts will be mitigated by the payment of traffic impact fees. APPL. PA -02-19 EXHIBIT "B" CONDITIONS OF APPROVAL (per DR -01-09) Ping. 1 . The approved addresses of individual units, suites, buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. 2. Street addresses shall be displayed on the freestanding sign or, if there is no freestanding sign, on the fascia or store front adjacent to the main entrance of the building, in a manner visible to the public street. Numerals shall be a minimum 12 inches in height with not less than %-inch 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 inches in height with not less than '/4 -inch stroke and shall contrast sharply with the background. 3. Landscape planters shall be increased to allow curbing to serve as a wheel stop. 4. The subject property's ultimate finished grade level may not be filled/raised unless necessary to provide proper drainage, and in no case shall it be raised in excess of 30 inches above the finished grade of any abutting property. If additional fill dirt is needed to provide acceptable on-site 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 be continuously maintained in working order. In any case, development of subject property shall preserve or improve the existing pattern of drainage on abutting properties. 5. The conditions of approval for DR-01-09/PA-02-19 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 6. The developer shall contact the Planning Division to arrange for a planning final 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. 7. AIT rooftop mechanical equipment shall be screened from view on and off site. 8. Cornices and other architectural elements shall be wrapped around to the side and rear of building facades. 9. Show method of screening for all ground -mounted mechanical Trans Eng APPL. PA -02-19 equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted mechanical equipment shall not be located in any landscaped setback visible from the street and shalt be screened from view, under the direction of Planning Staff. 10. Prior to the issuance of permits, the developer shall verify that there are no easements (i.e., water, sewer, or utility) or other encumbrances which affect or restrict the location of the buildings or other improvements as shown on the proposed plans. 11. No exterior roof access ladders, roof drain scuppers, or roof drain downspouts shall be permitted. 12. All new construction shall be architecturally integrated with regard to building materials, style, colors, etc. with the existing structure(s). 13. Exterior elevations shall be submitted for pre -plan check review and approval by the Planning Division. Once the exterior elevations have been reviewed and approved by the Planning Division, the exterior elevations shall be incorporated into the plan check drawings. 14. The developer shall provide a plaza area at the front of the building consisting of decorative paving, landscaping, fountain and/or artwork, subject to approval by the Planning Division. 15. Street setback landscape planters shall be mounded to a high point of at least 24 inches with approved turf and/or ground cover on the street side front half of the planter and shrubbery plantings and trees on the back half. 16. Prior to the issuance of building permits,_ the applicant shall provide proof that the proposed building will not. be bisected by any property lines, or obtain approval and record either a lot line adjustment or parcel map to consolidate the subject property. 17. A land use restriction executed by and between the applicant and the City of Costa Mesa shall be recorded prior to the issuance of building permits. The land use restriction shall state that the parcels that comprise the subject property and adjacent auto - related uses shall be combined for the purpose of calculating the maximum allowable Floor Area Ratio (FAR). Applicant shall submit to the Planning Division a copy of the legal description for the property, and either a lot book report or current title report identifying the current legal property owner so that the document may be prepared. 18. Shift proposed northern driveway such that the driveway is at a straight angle (perpendicular) for a minimum distance of 20 feet at property line to allow for less severe right turn movement entering site. 19. A list of security recommendations is provided by the Police Department for the applicant's consideration. 20. During construction, maintain the public right-of-way in a "wet- APPL. PA -02-19 down" condition to prevent excessive dust and promptly remove any spillage from the public right-of-way by sweeping or sprinkling.