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HomeMy WebLinkAbout03-44 - Approving Planning Application PA-03-02RESOLUTION NO. 03-44 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING ,APPLICATION PA -03-02. THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY RESOLVE AS FOLLOWS: WHEREAS, an application was filed by Barry Walker, authorized agent for John Morehart, with respect to the real property located at 548 Bernard Street, requesting approval of a relocation permit/master plan/minor design review to replace one of four existing residences with the Huscroft House, with variances and an administrative adjustment from open space, parking, minimum lot area, street frontage, and rear and interior property line setback requirements, and a conditional use permit for shared parking, in the R2 -MD zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 9, 2003; and .1 WHEREAS, on June 9, 2003, Planning Commission .approved a portion of Planning Application PA -03-02 by adoption of Resolution PC -03-37; and WHEREAS, on June 12, 2003, John Morehart filed an appeal ,of Planning Commission's decision; and WHEREAS, the City Council held a duly noticed public hearing on July 7, 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 Planning Application PA -03-02 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 -03-02, 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 7th day of July, 2003. ATTEST: Cll��t��- Deputy T Clerk of the City of Costa Mesa r-511"3 (z Mayor of t' e 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 certify that the above and foregoing Resolution No. 03-44 was duly and regularly .passed and adopted by the said City Council at a regular meeting thereof held on the 7th day of July, 2003, by the following roll call vote: AYES: Monahan, Steel, Cowan, Mansoor, Scheafer NOES: None ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 8th day of July, 2003. Depu City Clerk and ex -officio Clerk of the ay Council of the City of Costa Mesa EXHIBIT "A" FINDINGS APPL. PA -03=02 A. The information presented substantially complies with sections 5-110 and 5- 110.1 of the Costa Mesa Municipal Code in that the building is in reasonable conformity with the architectural style and will meet or exceed the quality of the existing buildings in the area where the building will be moved; the value of the relocated house will meet or exceed the fair market value of the highest one- third of the buildings within the immediate area; the proposed relocation will not be detrimental to surrounding properties; the property will satisfy all applicable development standards, with the exception of the proposed front setback deviation proposed under the master plan; any required street improvements will be made, as determined by the Public Services Department; the building is structurally sound and can be rehabilitated in conformance with standards of the Uniform Building Code; and the existing termite infestation is limited and can be remedied. B. The information presented substantially complies with section 13-205(e) of the Costa Mesa Municipal Code in that: (1) Full compliance with current development standards would make replacement of the fourth unit with the Huscroft House infeasible; (2) The proposed replacement of the fourth unit with the Huscroft House is substantially compatible with surrounding developments and would not be materially detrimental to other properties in the area; (3) The proposed replacement of the fourth unit with the Huscroft House will result in a project that is less nonconforming than the existing development (if the property is not subdivided as proposed); and (4) The proposed replacement of the fourth unit with the Huscroft House provides additional amenities that ensure a high quality. development. Specifically, these amenities will be provided through the retention of the historic Huscroft House and proposed upgrades to the property and other structures on the property. C. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(14)(a) in that the proposed development is substantially compatible and harmonious with existing and/or anticipated development on surrounding properties. This includes site planning, landscaping, appearances, scale of structures, location of windows, and any other applicable features relative to a compatible and attractive development. Specifically, the Huscroft APPL. PA -03-02 House will fit in the area because two-story buildings of a variety of architectural styles exist on the adjoining site and within the immediate vicinity. Architectural articulation is provided by a variety of wall and roof planes. This property is separated from the properties to the north and west by a public alley. One . bedroom and..two closet windows of the Huscroft House, set back 7 feet from the east property line, will face the two-story apartment existing on the abutting property. Large mature trees exist adjacent to where the house will be placed, completely screening the two buildings from one another, providing privacy for both properties. D. The information presented does not substantially comply with section 13- 29(g)(1) of the Costa Mesa Municipal Code in that no special circumstances applicable to the property exist to justify granting of the variances from minimum lot area, open space, parking, street frontage, and interior rear setback requirements and the administrative adjustment from the interior front setback requirement. Specifically, these variances and the administrative adjustment are the result of the proposal to subdivide the lot into three independent properties, inconsistent with the requirements and intent of the City's Zoning Code. Additionally, approval of the reduced lot size would allow all three lots to be sold independently of one another without the benefit of a homeowners association or common ownership to ensure cohesive maintenance of the property, and would result in a project that is not a positive addition to ownership housing in the City. Strict application of the zoning ordinance will not deprive the property owner of privileges enjoyed by owners of other property in the vicinity under identical zoning classification. E. The information presented does not substantially comply with Costa Mesa Municipal Code section 13-29(g)(2) in that the proposed conditional use permit for shared parking is not substantially compatible with developments in the same general area, if the property is subdivided as proposed. Specifically, off- site parking is not normally associated with independently owned residential properties. F. The proposed project complies with Costa Mesa Municipal Code Section 13- 29 (e) because: a. The proposed development and use is compatible and harmonious with uses both on-site as well as those on surrounding properties. Specifically, the request is for the relocation of a dwelling unit into a residential neighborhood. 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. APPL. PA -03-02 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 have been considered. G. 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. H. 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 APPL. PA -03-02 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, suites, .buildings, etc., shall be blueprinted on the site plan and on all floor plans in the working drawings. 2. A land use restriction, requiring consistent architectural treatment between the four units as long as the Huscroft House exists, and prohibiting demolition of the Huscroft House without prior approval by the Planning Commission, shall be executed by and between the applicant and the City of Costa Mesa and 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. 3. The conditions of approval and ordinance or code provisions and special district requirements -of Planning Application PA -03-02 shall be blueprinted on the face of the site plan. 4. The applicant shall contact the Planning Division to arrange for an inspection of the site prior to final inspections. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 5. All four units shall be upgraded to provide architectural consistency. Upgrades shall include compatible paint colors between the four units; the same composition shingles or comparable material for the roofs; vinyl windows; shutters; picket fences with arbors with vines; and extending the eaves of the three existing units to match the Huscroft House. All four units shall be upgraded within 12 months of the issuance of building permits for the Huscroft .House. This condition shall be completed under the direction of the Planning Division. i. 6. Any appliances, heating/air conditioning systems, and water heaters installed into any of the four units shall be Energy Star product labeled. (Only applicable if the property is subdivided into independent lots.) 7. As required by the final purchase agreement between the applicant and the City of Costa Mesa, the applicant shall begin construction on the restoration of the Huscroft House within 6 months of the date of relocation of the structure to the subject property. All construction on the house must be completed within 12 months of issuance of the building permits for the structure. APPL. PA -03-02 8. A shared parking agreement shall be prepared by the applicant and submitted to the City for review prior to recordation. The agreement shall allow the four parallel parking spaces along the alley on the middle and rear lots to be shared by residents/tenants of all four units of this project site. This agreement shall remain as long as 2-2 bedroom and 2-3 bedroom units exist on the project site. Any changes from this configuration or demolition and rebuilding of any of the units shall require prior City approval and may require modifications to the shared document. (Only applicable if the property is subdivided into independent lots.) 9. Upgrade landscaping to satisfy current code requirements within 12 months of the issuance of building permits for the Huscroft House. This condition shall be completed under the direction of the Planning Division. Eng. 10. 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. Trans 11. The moving company shall survey and report to the City of Costa Mesa Transportation Services Division the obstructions, restrictions, or limitations for moving the house on the following recommended route: • Arlington Drive to southbound Newport Boulevard • Southbound Newport Boulevard to Victoria Street • Victoria Street to Harbor Boulevard • Harbor Boulevard to Bernard street • Bernard Street to the site , Alternative routing may be considered based upon survey results of the recommended route and viable alternatives. 12. The move shall be completed within one day between the ours of 12:00 a.m..and 6:00 a.m. Monday through Thursday only. Monday is preferred.)' 4 13. The moving company shall make all necessary arrangements for temporary relocation of traffic signal equipment, street lightning equipment, overhead utility wires, and all other obstructions along the approved route. Relocation of traffic signal equipment shall be coordinated through the City's traffic signal maintenance company. 14. The moving company shall arrange and be responsible for all traffic control and parking restrictions necessary to accomplish the move including any police services required by the Costa Mesa Police Department. APPL. PA -03-02 15. The moving company shall be responsible for removal/disposal of all support beams and related materials that support the house at its present site. 16. The house shall be moved from the site onto Arlington Drive in the most direct and straightforward direction. There shall be no crossing or intrusion onto improvements at Tewinkle Park or at the Bark Park. 17. The house moving company shall remove and replace the chain link fence around the present site and repair any damage to City improvements including parking lot pavement, sidewalk, curb, and gutter. 18. The move shall be scheduled to avoid conflict with other City projects that may impede the approved route.