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HomeMy WebLinkAbout04-55 - Approving Minor Design Review ZA-04-30RESOLUTION NO. 04-55 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING MINOR DESIGN REVIEW ZA-04-30. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Darlene LaCombe, representing Barron and Jance Hurlbut, owners of the real property located at 281 Walnut Street, requesting approval of a minor design review to construct a two-story, 3,108 square -foot residence and a detached 512 square -foot granny unit, over a 635 square -foot, three -car garage with a development review for the granny unit and a minor modification to allow the support posts for the covered porch to encroach 2 feet into the required front yard setback (20 feet required; 18 feet proposed); and WHEREAS, the Zoning Administrator approved Minor Design Review ZA-04-30 on June 24, 2004; and WHEREAS, on July 1, 2004, Minor Design Review ZA-04-30 was appealed to the Planning Commission; and WHEREAS, Planning Commission upheld the Zoning Administrator's approval at a duly noticed public hearing on July 26, 2004; and WHEREAS, ZA-04-30 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on September 7, 2004. 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-04-30 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 ZA-04-30 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 7m day of September, 2004. ATTEST: -beputg City Clerk of the City of Costa Mesa 2 4., Mayor of to City of Costa Mesa APPROVED AS TO FORM tel,/f%Ll�t�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. o4-55 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 7 day of September, 2004, by the following roll call vote: AYES: Monahan, Mansoor, Cowan, Scheafer NOES: Steel ABSENT: None IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 8" day of September, 2004. Clzo 46,D Depu City Clerk and ex -officio Clerk of the CRy 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)(14) with regard to the minor design review in that the project complies with the City of Costa mesa Zoning Code and meets the purpose and intent of the Residential Design Guidelines, which are intended to promote design excellence in new residential construction, with consideration being given to compatibility with the established residential community. The proposed construction complies with the intent of the residential design guidelines because the elevations incorporate multiple building planes and breaks in the roof to create visual interest. The residence incorporates variation in building heights and forms, as well as variation in the depth of the floor plans to alleviate building mass. Appropriate transitions between first and second floors have been made as well as the provision of second floor offsets to avoid unrelieved two-story walls. This minor design review includes site planning, preservation of overall open space, landscaping, appearance, mass and scale of structures, location of windows, varied roof forms and roof plane breaks, and any other applicable design features. B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: • The proposed development and use is compatible and harmonious with uses on surrounding properties. • Safety and compatibility of the design of the buildings, landscaping, and other site features including functional aspects of the site development such as automobile and pedestrian circulation have been considered. • The project is consistent with the General Plan. • The planning application is for a project -specific case and does not establish a precedent for future development. C. The information presented complies with Costa Mesa Municipal Code Section 13- 29(g)(6) with regard to the minor modification because the encroachment will be for posts supporting a covered porch (the porch roof itself complies with code). The encroachment of the support posts will not be materially detrimental to the health, safety, and general welfare of persons residing within the immediate vicinity of the project or to property and improvements within the neighborhood. The proposed porch enhances the architecture and design of the portion of the residence visible from the street and provides a transition between the first and second floors. The main residence meets or exceeds the 20 -foot front setback from property line. D. The information presented substantially complies with Costa Mesa Municipal Code with regard to the development review in that the granny unit complies with all applicable provisions of the General Plan and the Zoning Code. E. 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. F. 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. Street addresses shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the public street and alley. Numerals shall be a minimum 6 inches in height with not less than %:-inch stroke and shall contrast sharply with the background. 2. The conditions of approval for ZA-04-30 and DR -04-04 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 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. Construction is prohibited on Sundays 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 subject property's ultimate finished grade level may not be filled/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 storm water flow to a public street, an alternative means of accommodating that drainage shall be approved by the Citys Building Official prior to issuance of any grading or building permits. Such alternatives may include subsurface tie-in to public storm water 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. Applicant is advised that recordation of a drainage easement across the private street may be required to fulfill this requirement. 5. The applicant shall contact the Planning Division to arrange 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. 6. 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. 7. Existing mature vegetation shall be retained wherever possible. Should it be necessary to remove existing vegetation, the applicant shall submit a written request and justification to the Planning Division. A report from a California licensed arborist may be required as part of the justification. Replacement trees shall be of a size consistent with trees to be removed, and shall be replaced on a 1 -to -1 basis. This condition shall be completed under the direction of the Planning Division. 8. 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. This land use restriction shall inform future property owners that no more than two residents, who are no less than 62 years of age, shall occupy the granny unit. Additionally, the granny unit shall be served from the same utility meters (electric, gas, and water) as the main dwelling unit on the property. 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. 9. Second floor windows shall be designed and placed to minimize visibility into the abutting yards. Every effort shall be made to maintain the privacy of abutting property owners. 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.