Loading...
HomeMy WebLinkAbout02-79 - Approving Planning Application PA-02-41/Tentative Tract Map T-16416RESOLUTION NO. 02-79 A RESOLUTION OF THE CITY COUNCIL OF -THE~ CITY OF COSTA MESA, CALIFORNIA APPROVING PLANNING APPLICATION PA-02-41/TENTATIVE TRACT MAP T-16416. THE PLANNING COMMISSION OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Dana Bieber/Standard Pacific Homes, authorized agent for Jeff Reese/C.J. Segerstrom and Sons, with respect to the real property located at 1325 Sunflower Avenue, requesting approval of a final master plan . for a 143 -unit, residential project with variances from building height and locational provisions for town home open parking, with a tentative tract map, in the PDR -MD zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 23, 2002; and WHEREAS, on September 23, 2002, the Planning Commission recommended* approval of Planning Application PA-02-41/Tentative Tract Map 16416; and 2002. WHEREAS, the City Council held a duly noticed public hearing on October 21, 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 contained in exhibit "B", the City Council hereby and approves Planning Application PA-02- 41/Tentative Tract Map 16416 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 as described in the staff report for Planning Application PA-02-41/Tentative Tract Map 16416, 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. 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 21St day of October, 2002. Deputy d y Clerk, of the City of Costa Mesa [-iti�n dU /4-,� Mayor of the City of Costa Mesa APPROVED AS TO FORM: City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss. CITY OF COSTA MESA ) I, JULIE FOLCIK, Deputy City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa, hereby certifies that the above foregoing Resolution No. 02-79 was duly and regularly passed and adopted by said City. Council at a regular meeting thereof held on the 21St day of October, 2002, by the following roll call vote: AYES: Dixon, Monahan, Cowan, Steel NOES: Robinson ABSENT: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the Seal of the City of Costa Mesa this 22nd day of October, 2002. Deput. City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code section 13-29(g)(5)(a) in that the proposed project, as conditioned, meets the broader goals of the General Plan, North Costa Mesa Specific Plan, and Zoning Code by exhibiting excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. Specifically, the project will provide two different housing opportunities. A mix of architectural styles is proposed to provide visual interest. Two parks — to serve both children and grownups — are proposed. The gated entry will be enhanced with landscaping. B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: a. The proposed development and use are compatible and harmonious with uses both on-site as well as those on surrounding properties. Specifically, the project will provide two different housing opportunities. The residential use will not impact the commercial and industrial developments proposed for, and existing on, surrounding properties. b. 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. c. The project is consistent with the General Plan and the North Costa Mesa: Specific Plan. d. The planning application is for a project -specific case and does not establish a precedent for future development. C. The information presented substantially complies with section 13-29(g)(1) of the -� Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the variance/specific plan amendment from building height requirements. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. Specifically, this project is surrounded primarily by commercially and industrially developed properties with higher building heights than _-proposed for this project. The Auto Club project to the east is four stories, 69 feet high. The Emulex project to the west is proposed at two stories, 40 foot high. The town homes are proposed at approximately 30-f6ot high with approximately 32 -foot high chimneys. The additional building height allows rooflines consistent with the architectural style proposed for approximately 20 of the 60 single-family units, providing a variety of rooflines and, therefore, greater visual interest for the project. All the residences in the development will be two -stories with similar heights. Granting the variance/specific plan amendment will not allow a use, density, or intensity that is not in accordance with the general plan designation and specific plan for the property. D. The information presented substantially complies with section 13-29(g)(1) of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the variance from locational provisions for town - home parking. Strict application of the zoning ordinance would deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. Specifically, the homeowners association will be responsible for enforcing that the garages of the homes are used for parking two vehicles. On -street parking is prohibited on both Susan Street and Sunflower Avenue and there are no adjacent residential areas or easily accessible commercial and/or industrial developments for spillover parking. The scale of the project, and provision of twice as much covered parking as required by Code, should lessen the need for the additional open parking. The City's parking requirement is more than one space greater than other, similar cities. Only 47 of the 158 required open/guest parking spaces are not 'conveniently located'. Granting the variance will not allow a use, density, or intensity that is not in accordance with the general plan designation and specific plan for the property. E. The proposed 73 -lot subdivision is consistent with the City's General Plan and Zoning Ordinances. F. Approval of the subdivision will allow development of additional ownership housing, consistent with the objectives, policies, general land use, and programs x specified in the General Plan. G. The subject property is physically suitable to accommodate Tentative Tract Map T- 16416 in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the City's Zoning Code and General Plan. H. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by Government Code Section 66473.1. The subdivision and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights- of-way and/or easements within the tract. The discharge of sewage from this subdivision into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code). K. Final Program Environmental Impact Report (EIR) #1048 was prepared, pursuant to the California Environmental Quality act. Although the proposed project could have a significant effect on the environment, according to the Final Program EIR, which reflects the independent judgment of the City of Costa Mesa, mitigation measures have been added to the project that minimize anticipated impacts to a level of insignificance where possible. L. The evidence in the record as a whole rebuts the presumption of adverse effect on wildlife resources as described in section 753.5(d) of Title 14, CCR. M. The project, as conditioned, is consistent with Chapter IX, Article 11, Transportation System Management, of Title 13, of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. N. The proposed buildings are an excessive distance from the street necessitating fire apparatus access and provisions of on-site fire hydrants. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The project shall comply with the mitigation measures of Final Program Environmental Impact Report #1048 prepared for this project as listed in the attached document. 2. 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. 3. 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 floor plan. 4. The conditions of approval and ordinance or code provisions of Planning Application PA -02-41 shall be.,blueprinted on the face of the site plan. 5. The applicant shall contact the Planning Division to arrange a Planning 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. 6. Rear, elevations facing Susan Street and Sunflower Avenue shall be enhanced under the direction of Planning Division staff. 7. Applicant shall provide proof of establishment of a homeowners association prior to release of any utilities. 8. The applicant shall contact AT&T Broadband at 200 Paularino, Costa Mesa, (888.255.5789) prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 9. Stationary play equipment shall be located on turf, sand, or other: - treated surface to the satisfaction of the Development Services Director. Common outdoor play areas shall include a combination of both soft and hard surfaces. 10. Prior to building permit issuance, the applicant shall submit a final playground plan for review and approval, which includes detailed playground specifications of manufactured play equipment.. The playground plan shall depict safety fall zones, safety surfacing materials and construction specifications, manufacturer and model numbers of equipment and equipment deck heights. On a project - specific basis, the Development Services Director shall require that the playground plan adequately serve the anticipated number of users and their activities. 11. Prior to occupancy, the applicant shall submit a letter stating that the play equipment installation has been inspected by a person authorized by the manufacturer, that the equipment has -been installed per manufacturer's specifications, and that it complies with the minimum playground safety regulations adopted by the State of California (California Code of Regulations, Title 22, Division 4, Chapter 22). 12. There shall be no nighttime lighting, except for security purposes, of common outdoor play areas. Any lighting under the control of the applicant shall be directed in such a manner so as to not unreasonably interfere with the quiet enjoyment of nearby residences. 13. Chain link fence visible from a public street or residential property is prohibited. Eng. 14. 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 15. A list of security recommendations has been provided by the Police Department for the applicant's consideration. Fire 16. 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. Ping. 17. The applicant shall comply with Title 24 plus 15% on both the single- Comm. family and multi-family dwellings. 18. The CC&Rs shall include provisions requiring that all residents park in their garages. 19. The applicant shall paint the curb red in front of the children's park to alleviate concerns abut children who may run in between cars parked at the curb and not be seen by ongoing traffic. 20. The applicant shall provide shade trees at the tot lot benches; a swing set in the children's park in addition to the tot lot equipment; barbecues at the adult recreation center; and "changing tables" in the restroom building. 21. Applicant shall provide disclosure of truck traffic on Susan Street (specifically the hours of truck operation for the US Postal Service) and the parking structure for the Auto Club to buyers of the residential dwellings.