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HomeMy WebLinkAbout04-50 - Approving Minor Design Review ZA-04-15RESOLUTION NO. 04- 50 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA APPROVING MINOR DESIGN REVIEW ZA-04-15 THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Willard Chilcott, owner of the real property located at 2172 Myran Drive, requesting approval of a minor design review to demolish an existing one story residence and construct a new two-story, 2,376 square foot residence; and WHEREAS, the Zoning Administrator approved Minor Design Review ZA-04-15 on May 6, 2004; and WHEREAS, on May 13, 2004, Minor Design Review ZA-04-15 was appealed to the Planning Commission; and WHEREAS, Planning Commission upheld the Zoning Administrators approval at a duly noticed public hearing on June 14, 2004; and WHEREAS, ZA-04-15 was appealed to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on July 19,2004. 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-04-15 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-04-15 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 19th day of July, 2004. ATTEST: Depu City Clerk of the City of Costa Mesa L--) Ma r of th 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 and foregoing Resolution No. na_sn was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 19" day of July, 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 2e day of July, 2004. Deputy Clerk and ex -officio Clerk of the City Council of the City of Costa Mesa EXHIBIT "A" ylar7111cli APPL. ZA-04-15 (Appeal) A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(14) 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 residence conforms to all development standards and the residential design guidelines. Specifically, the second -story area is approximately 80% of the first floor and the second story has an average 10 -foot side setback. The residence incorporates variation in building heights and forms as well as variation in the depth of the floor plans to alleviate building mass. 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 other applicable design features. Although this will be one of the first two-story residences in the immediate neighborhood, the proposed residence conforms to residential development standards and residential design guidelines. The visual prominence associated with the construction of a two-story house in a predominately single -story neighborhood has been reduced through appropriate transitions between first and second floors and the provision of second floor offsets to avoid unrelieved two-story walls. B. The proposed project complies with Costa Mesa Municipal Code Section 13-29(e) because: 1. The proposed development and use is compatible and harmonious with uses on surrounding properties because the residence conforms to all development standards and the residential design guidelines. Visual and privacy impacts on adjoining properties will be reduced due to mass and scale of the structure, location of windows, varied roof forms and roof plane breaks, and other applicable design features. 2. 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. 3. The project is consistent with the General Plan. 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. E. The building is at an excessive distance from the public street, but the plan does not lend itself to fire apparatus access or placement of an on-site fire hydrant. Problems associated with the depth of the building on this property can be reduced by installation of a residential sprinkler system. EXHIBIT "B" .Ka] . I q Y its] 'We] yd» [ iOP/d Ping. 1. Street addresses shall be displayed on the fascia adjacent to the main entrance or front door in a manner visible from the private street. Numerals shall be a minimum 6 inches in height with not less than'/cinch stroke and shall contrast sharply with the background. 2. The conditions of approval for ZA-04-15 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 3. 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 stone water 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 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. 4. Prior to issuance of grading or building permits, the applicant shall obtain approval of a hydrology and drainage study showing the method of disposal of storm water. 5. 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; there shall be no construction activity on Sundays and Federal holidays. 6. 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. 7. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is notified that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 8. 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. 9. Applicant shall work with staff to ensure first and second floor windows are designed and placed to minimize visibility into the abutting yards. Every effort shall be made to maintain the privacy of abutting property owners. 10. Applicant is advised that this approval does not constitute approval to construct the second 'future unit" indicated on the submitted plans, and such development will be subject to a separate minor design review process and public notification (if the structure is two stories in height), as well as applicable residential development standards and residential design guidelines. Applicant is also advised that the design and location of the subject residence will not provide a basis to support any requests for deviation from the residential development standards and residential design guidelines including, but not limited to, setbacks, open space, or parking requirements for the 'future unit'. 11. At the time the residence is ready for occupancy, the applicant shall provide landscaping in the yard area between Myren Drive and the proposed residence if approval and/or permits for the "future unit" have not yet been obtained. 12. Applicant shall provide a paved driveway surface within the private street, extending from the subject property to Victoria Street, minimum 16 feet in width, subject to approval by the Planning Division. 13. Existing mature vegetation shall be retained wherever possible. Should it be necessary to remove existing vegetation for any reason, 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. Minor revisions to the location of the proposed building or driveway to preserve any existing trees in place may be required by the Planning Division. Eng. 14. 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. 15. Property line walls or fences shall be constructed at the completion of the rough grading. At the time of removal of any separation barrier including, but not limited to existing fencing, structures or property line hedges, a temporary chain link security fence, minimum six feet high, shall be put in place prior to demolition permit being issued for the property, to separate the subject property from 2166 Myran Drive, which shall remain in place until property line walls or fences have been constructed. 16. The paving specified in condition of approval number 12 shall extend to the northerly end of the property line, to include the existing tum -around. APPL. ZA-04-15 rAooean The following list of federal, state and local laws applicable to the project, have been compiled by staff for the developer's reference. Any reference to 'City" pertains to the City of Costa Mesa. Ping. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections, final occupancy and utility releases will not be granted until all such licenses have been obtained. 2. 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 and business commences or the applicant applies for and is granted an extension of time. 3. Development shall comply with all requirements of Section 13-32, Title 13, of the Costa Mesa Municipal Code relating to development standards for residential projects. 4. A minimum 20 -foot by 20 -foot clear interior dimension shall be provided for the garage. 5. Minimum garage door width shall be 16 feet. 6. All new on-site utility services shall be installed underground. 7. Installation of all new utility meters shall be performed in a manner so as to obscure the installation from view from any place on or off the property. The installation shall be in a manner acceptable to the public utility and shall be in the form of a vault, wall cabinet, or wall box under the direction of the Planning Division. 8. Any mechanical equipment such as air-conditioning equipment and duct work shall be screened from view in a manner approved by the Planning Division. 9. Five (5) sets of detailed landscape and irrigation plans shall be required as part of the project plan check review and approval process. Three (3) sets shall be provided to the representative water agency and two (2) set shall be submitted to the Planning Division for review. Plans shall be approved by the water agency with two (2) approved sets forwarded by the applicant to the Planning Division for final approval prior to issuance of building permits. 10. Two (2) sets of landscape and irrigation plans, approved by both the water agency and the Planning Division, shall be attached to two of the final building plan sets. 11. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-103 through 13-108 as well as irrigation requirements set forth by the water agency. Consult with the representative water agency. Mesa Consolidated Water District, Ray Barela (949) 631-1291. 12. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. Bldg. 13. Comply with the requirements of the California Code of Regulations, Title 24, also known as the California Building Standards Code, as amended by APPL. ZA-04-15 (Aweal) the City of Costa Mesa. 14. Prior to or concurrent with the submittal of plans for plan check, the applicant shall prepare and submit documentation for compliance with the State Water Resources Control Board (SWRCB) Water Quality Order 99- 08-DWQ; National Pollutant Discharge Elimination System (NPDES) Permit No. CAS000002 for Storm Water Discharges Associated with Construction Activity (General Permit); the California Regional Water Quality Control Board (RWQCB) Santa Ana Region Order No. R8-2002- 0010 and NPDES Permit No. CAS618030; and, the City of Costa Mesa Ordinance No. 97-20 for compliance with NPDES Permit for the City of Costa Mesa. Such documentation shall include a Storm Water Pollution Prevention Plan (if over 5 acres) and a Water Quality Management Plan (WQMP) identifying and detailing the implementation of the applicable Best Management Practices (BMPs). 15. The project applicant shall require the contractor to comply with the SCAQMD's regulations during construction, including Rule 402 which specifies that there be no dust impacts offsite sufficient to cause a nuisance, and SCAQMD Rule 403, which restricts visible emissions from construction. Specific measures to reduce fugitive dust shall include the following: a. Moisten soil prior to grading. b. Water exposed surfaces at least twice a day under calm conditions and as often as needed on windy days when winds are less than 25 miles per day or during very dry weather in order to maintain a surface crust and prevent the release of visible emissions from the construction site. c. Treat any area that will be exposed for extended periods with a soil conditioner to stabilize soil or temporarily plant with vegetation. d. Wash mud -covered tires and under -carriages of trucks leaving construction sites. e. Provide for street sweeping, as needed, on adjacent roadways to remove dirt dropped by construction vehicles or mud which would otherwise be carried off by trucks departing project sites. f. Securely cover loads of dirt with a tight fitting tarp on any truck leaving the construction sites to dispose of excavated soil. g. Cease grading during periods when winds exceed 25 miles per hour. h. Provide for permanent sealing of all graded areas, as applicable, at the earliest practicable time after soil disturbance. Eng. 16. 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. Fire 17. Provide an automatic fire sprinkler system according to NFPA 13D. APPL. ZA-04-15 (Appeal) SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: Sani. 1. Developer will be required to construct sewers to serve this project, at his own expense, meeting the approval of the Costa Mesa Sanitary District. 2. County Sanitation District fees, fixture fees, inspection fees, and sewer permit are required prior to installation of sewer. To receive credit for buildings to be demolished, call (714) 754-5307. 3. Developer shall submit a plan showing sewer improvements that meets the District Engineer's approval to the Building Division as part of the plans submitted for plan check. 4. The developer is required to contact the Costa Mesa Sanitary District at (714) 754-5307 to arrange final sign -off prior to certificate of occupancy being released. 5. Developer shall contact the Costa Mesa Sanitary District at (714) 754-5043 to pay trash collection program fees and arrange for service for all new residences using curbside services. Residences using bin or dumpster services are exempt from this requirement. School 6. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits. State 7. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants (RIFA) exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708- 1910 for information.