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HomeMy WebLinkAbout03-03 - Approving Minor Design Review ZA-02-63RESOLUTION NO. 03-3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR DESIGN REVIEW ZA-02-63. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Ray Varela for property owner Bradley Kirk with respect to the rea *property located at 250 Flower Street, requesting approval of a minor design review to construct a 2 -story, single-family residence in conjunction with a development review to convert an existing rental unit into a granny flat, in the R1 zone; and WHEREAS, on November 1, 2002, the Zoning Administrator denied• Minor Design Review ZA-02-63; and WHEREAS, an application of appeal was filed on November 8, 2002; and WHEREAS, the Planning Commission held a duly noticed public hearing on December 9, 2002; and WHEREAS, the Planning Commission approved the minor design review on December 9, 2002; and WHEREAS, the item was appealed to the City Council on December 16, 2002, and a duly noticed public hearing was held by the City Council on January 6, 2003; 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 Minor Design Review ZA-02-63 with respect to the property described above. BE IT FURTHER RESOLVED that the Costa Mesa Planning Commission does hereby find and determine that adoption of this resolution is expressly predicated upon the activity as described in the Staff Report for Minor Design Review ZA-02- 63 and upon applicant's compliance with each and all of the 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 6th day of January, 2003. ATTEST: Dep City Clerk of the City of Costa Mesa yor of the City of Costa Mesa APPROVED AS TO FORM City Attorney i 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 certify that the above and foregoing Resolution No. 03-3 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 6th day of January, 2003, by the following roll call vote: AYES: Cowan, Mansoor, Monahan NOES: Robinson, Steel ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City -of Costa Mesa this 7th day of January, 2003. Deput / City Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" FINDINGS 1 . The information presented substantially complies with Section 13-29(e) and 13-29(g)(14) of the Costa Mesa Municipal Code in that: a. The proposed development and use, as conditioned, is compatible and harmonious with uses on-site as well as those on the surrounding properties. The project meets or exceeds all residential development standards and the intent of the design guidelines. 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. d. The planning application is for a project -specific case and does not establish a precedent for future development. e. The cumulative effects of all planning applications (minor design review and development review) have been considered. f. The proposed development, as conditioned, is substantially compatible and harmonious with existing and/or anticipated development on surrounding properties. This includes site planning, landscaping, appearance, scale of structures, location of windows, and 'any other applicable features relative to a compatible and attractive development. The proposed construction incorporates variation in depth of floor plans and offsets in wall planes. The 2nd floor is also set back further from the streets than the 1 St floor so as to minimize building mass. The proposed construction is compatible in scale and character with existing buildings (many of which are 2 -stories) in the neighborhood. 2. 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. 3. The project is exempt from Chapter XII, Article 3 Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The lot dimensions shown on the site plan are inconsistent with City records. Plans submitted for plan check shall be revised or a survey. shall be conducted on the property and documentation provided showing the actual lot dimensions. 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 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 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 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. A land use restriction (setting forth the maximum number and minimum age of tenants in the granny unit) 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 either a lot book report or current title report identifying the current legal property owner so that the document may be prepared. 6. The granny unit shall be served from the same utility meters (electric, gas and water) as the main dwelling unit on the property. 7. The property owner shall file with the Planning Division an affidavit declaring, under penalty of perjury, that the granny unit is occupied by not more than two residents, each of whom is no less than 62 years of age. The affidavit shall be filed annually, or upon change of tenant, whichever occurs first, and shall be accompanied by a copy of the current lease or rental agreement. 8. The conditions of approval and ordinance or code provisions and special district requirements of planning application ZA-02-63 shall be blueprinted on the face of the site plan. 9. The applicant shall contact the Planning Division to arrange for an inspection of the site prior to the final inspection. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. Eng. 10 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.