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HomeMy WebLinkAbout03-08 - Approving Minor Design Review ZA-02-73RESOLUTION NO. 03-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING MINOR DESIGN REVIEW ZA-02-73 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Steven Dewan with respect to the real property located at 439 Broadway, requesting approval of a minor design review to construct a second -story addition to an existing one-story, single family residence; and WHEREAS, the Zoning Administrator denied Minor Design Review ZA-02-73 on November 26, 2002; and WHEREAS, Minor Design Review ZA-02-73 was appealed to the Planning Commission; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on December 30, 2002, and ZA-02-73 was approved; and WHEREAS, ZA-02-73 was appealed to City Council; and WHEREAS,. a duly noticed public hearing was held by the City Council on January 21, 2003. 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 Approves ZA-02-73 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 Minor Design 'Review ZA-02-73 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 21" day of January, 2003. ATTEST: (azi � 2, ? - DepLo City Clerk of the City of Costa Mesa STATE OF CALIFORNIA) COUNTY- OF ORANGE ) ss CITY OF COSTA MESA) ayor of the City of Costa Mesa PPROVED AS TO FORM: City 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. 03-8 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 21St day of January, 2003, by the following roll call vote: AYES: Steel, Cowan, Monahan; Mansoor NOES: None ABSENT: Robinson IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 22"d day of January, 2003. Depu 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 Section 13-29(e) of the Costa Mesa Municipal Code in that: a. The proposed development, as conditioned, is compatible and harmonious with uses on-site as well as those on the surrounding properties. The proposed second floor addition is integrated in scale and architectural design to the existing single-family residence.. With exception of the existing garage depth, the project meets or exceeds all residential development standards and intent of the design guidelines. Design of the proposed development is sensitive to privacy concerns with respect to neighboring homes in that adequate space is provided between the second story addition and the side property line and the second story windows are placed high on the side nearest to the neighbors. b. Safety and compatibility of the design of the buildings, parking areas/interior dimensions of the garage, 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. B. The information presented substantially complies with Section 13-29(g)(14) of the Costa Mesa Municipal Code in that the proposed development 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. 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. D. 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 minor conditional use permit herein approved shall be valid until revoked, but shall expire upon discontinuance of the activity authorized hereby for a period of 180 days or more. The conditional use permit may be referred to the Planning Commission for modification or revocation at any time if the conditions of approval have not been complied with, if the use is being operated in violation of applicable laws or ordinances, or if, in the opinion of the development services director or his designee, any of the findings upon which the approval was based are no longer applicable. 2. All new and existing construction shall be architecturally compatible with regard to building materials, style, colors, etc. Plans submitted for plan check shall indicate how this will be accomplished. 3. Construction, grading, materials delivery, equipment operation or other noise -generating activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and between the hours of 8 a.m. and 7 p.m. on Saturday, 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. 4. The conditions of approval and ordinance or code provisions of minor design review ZA-02-73 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 5. 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. Eng. 6. The developer shall maintain the public right-of-way in a "wet -down" condition to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling. 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. Approval of the Zoning Action is valid for one (1) year and will expire at the end of that period unless building permits are obtained, the authorized activity is commenced, or the applicant applies for and is granted an extension of time.. 2. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections will not be granted until all such licenses have been obtained. 3. Street address shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the public street. Numerals shall be a minimum 6" in height with not less than '/2" stroke and shall contrast sharply with the background. Eng. 4.. 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, prepared by a civil engineer or architect. Construction access approval must 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 offsite plan and fee shall be required prior to engineering/utility permits being issued by the City. 5. A construction access permit and deposit of $350 for street sweeping will be required by the Engineering Division prior to the start of any on - or off-site work. Bldg. 6. The developer shall comply with the requirements of the Uniform Building Code as to design and construction. Fire 7. The applicant shall install approved smoke detectors in accordance with the 1997 Edition of the Uniform Fire Code. SPECIAL DISTRICT REQUIREMENTS Sani. 1 . Developer shall contact the Costa Mesa Sanitary District at (949) 631- 1731 for current district requirements. 2. Applicant shall pay all current sanitary district sewer connection charges. School 3. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits.