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HomeMy WebLinkAbout05-07 - Approving Planning Application PA-04-41RESOLUTION NO. 05-7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -04-41. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Johnny Lu/Loft 18 LLC, with respect to the real property located at 654 West 18M Street, requesting approval of a design review for a 6 -unit, two-story, small lot common interest development (condominiums) with minor modifications for an encroachment into the left (west) side setback for a garage, and to allow a reduction in driveway width in the R2 -HD zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 24, 2005, when PA -04-41 was approved by Planning Commission; and WHEREAS, the item was appealed to the City Council on January 31, 2005; and WHEREAS a duly noticed public hearing was held by the City Council on February 22, 2005; 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 Planning Application PA -04-41 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 -04-41 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 22n" day of February, 2005. ATTEST: —A Deputy ty Clerk of the City of Costa Mesa Mayor of the City of Costa Mesa APPROVED A]S�T�O� 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. nS_7 was duly and regularly passed and adopted by the said City Council at a regular meeting thereof held on the 22"" day of February, 2005, by the following roll call vote: AYES: Mansoor, Monahan, Bever, Dixon NOES: None ABSENT: Foley IN WITNESS WHEREOF, I have hereunto set my hand and affixed the seal of the City of Costa Mesa this 23" day of February, 2005. Deputy6City 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 Costa Mesa Municipal Code Section 13-29(g)(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 project is consistent with the City's General Plan, CCMC Section 13-32 (Residential Development Standards - R2 -MD zone), CCMC Section 1341 (Common Interest Development Standards), and the City's Residential Design Guidelines. The buildings incorporate variation in depth of floor plans, multiple building planes and offsets, and elevations with stepping fortes both horizontally and vertically to provide architectural interest. The second story windows are also placed so that privacy impacts on adjoining properties are minimized. Approval of the planning application will provide additional home ownership opportunities in the City's west side. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(6) in that approval of a minor modification for a 4 ft. left (west) side setback for the unit 3 garage and to allow a 12 ft. — 15ft. wide driveway will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project or to property and improvements within the neighborhood. The improvement is compatible and enhances the architecture and design of the existing and anticipated development in the vicinity. This includes the site planning, land coverage, landscaping, appearance, scale of structures, open space and any other applicable features relative to a compatible and attractive development. C. 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. 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. D. 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. E. The project, as conditioned, is consistent with Chapter IX, Article 12, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code in that the development project's traffic impacts will be mitigated by the payment of traffic impact fees. The rear building of this development is at an excessive distance from the 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 buildings on the property can be somewhat reduced by installation of a residential sprinkler system for the rear three units. EXHIBIT "B" CONDITIONS OF APPROVAL 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. 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. 3. The final map shall show easements or other provisions for the placement of centralized mail delivery units, if applicable. Specific locations for such units shall be to the satisfaction of the Planning Division, Engineering Division, and the US Postal Service. 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. The tum -around area shall be striped and marked for no parking. 6. To avoid an alley -like appearance, the driveway shall be developed without a center concrete swaie. Design shall be approved by the Planning Division. 7. Demolition permits for existing structures shall be obtained and all work and inspections completed prior to final building inspections. Applicant is noted that written notice to the Air Quality Management District may be required ten (10) days prior to demolition. 8. The site plan submitted with initial working drawings shall contain a natation specifying the project is a one -lot condominium project. 9. The applicant shall contact Comcast (cable television) at 200 Paularino, Costa Mesa, (888.255.5789) prior to issuance of building permits to arrange for pre -wiring for future cable communication service. 10. The conditions of approval and ordinance or code requirements and special district requirements of PA -04-41 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 11. The applicant shall contact the Planning Division to arrange for an Eng cc inspection of the site prior to the release of utilities. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 12. Show method of screening for all ground -mounted equipment (backflow prevention devices, Fire Department connections, electrical transformers, etc.). Ground -mounted equipment shall not be located in any landscaped setback visible from the street, except when required by applicable uniform codes, and shall be screened from view, under the direction of Planning staff. 13. Block walls shall be provided on all interior lot lines. New block walls shall be decorative block, subject to approval by the Planning Division. The wall(s) shall have a finished quality on both sides. Where walls on adjacent properties already exist, the applicant shall work with the adjacent property owner(s) to prevent side-by-side walls with gaps in between them. Block walls visible from the street shall be decorative block and set back from adjacent sidewalks to provide a landscape planter area, subject to approval by the Planning Division. 14. Decorative paving shall be provided at the driveway entry area. This condition shall be completed under the direction of Planning Division. 15. Grading, materials delivery, equipment operation, and other construction - related activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and 8 a.m. to 6 p.m. 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. 16. At the time of development, maintain the public right-of-way in a 'let- down" condition to prevent excessive dust and remove any spillage from the public right-of-way by sweeping or sprinkling. 17. All garages shall be made permanently available for parking. No storage within the garages shall be allowed to obstruct parking areas. 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. 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 planning application is valid for one (1) year and will expire at the end of that period unless building permits are obtained and construction commences, or the applicant applies for and is granted an extension of time. A written request for an extension of time must be received by Planning staff prior to the expiration of the planning action. 3. Street addresses shall be displayed on the complex identification sign or, if there is no complex identification sign, on the building fascia adjacent to the main entrance or front door in a manner visible to the public street. Street address numerals shall be a minimum 6" in height with not less than 1/i" stroke and shall contrast sharply with the background. Identification of individual units shall be provided adjacent to the unit entrances. Letters or numerals shall be 4" in height with not less than 1/." stroke and shall contrast sharply with the background. 4. Proof of recordation of the final tract map shall be submitted prior to issuance of building permits. 5. All garages shall be provided with automatic garage door openers. 6. The paving under required covered parking spaces shall be Portland Cement Concrete (PCC). 7. Design of trash enclosure shall conform with City standards. Standard drawings are available from the Planning Division. 8. Pay park fee prior to building permit issuance or approval of parcel map for recordation. Applicable fee shall be that fee in effect at the time the building permits are issued. 9. Included in the required CC&Rs shall be a provision that will permit the installation of solar heating systems, subject to applicable zoning district requirements, the Uniform Building Code, and associated ordinances, and reasonable architectural review by the project's architectural review committee. 10. The CC&Rs shall include a provision as to use and maintenance of all guest parking spaces, driveways and common open space. 11. CC&Rs and articles of incorporation and bylaws for the homeowners' association shall be reviewed and approved by both the Planning Division and the Department of Real Estate (DRE) prior to recordation. CC&Rs shall include provisions as required in Costa Mesa Municipal Code section 13131, as well as applicable conditions of approval and code requirements. The applicant shall provide the Planning Division proof of Parks Fire :.. review and approval of the CC&Rs by the DRE prior to recordation. A copy of the recorded CC&Rs shall be submitted to the Planning Division prior to the release of utilities for the units. 12. All on-site utility services shall be installed underground or provisions made for future undergrounding, if it is impractical at this time. 13. Installation of all 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. 14. Any mechanical equipment such as air-conditioning equipment and dud work shall be screened from view in a manner approved by the Planning Division. 15. Four (4) 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 one (1) 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. 16. 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. 17. Landscape and irrigation plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108 as well as irrigation requirements set forth by the water agency. Consult with the representative water agency Irvine Ranch Water District (949) 453-5300 for requirements. 18. Landscaping and irrigation shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 19. Existing mature trees shall be retained wherever possible. Should it be necessary to remove existing trees, 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 may be required on a 1:1 basis. This condition shall be completed under the direction of the Planning Division. 20. All landscaped areas shall be separated from paved vehicular areas by 6" high continuous Portland Cement Concrete curbing. 21. Street trees in the front setback shall meet with the approval of the parks and parkways division. Street trees shall be Liquidambar styraciflua, 15 - gallon minimum size, spaced at 30' on center. 22. Provide approved smoke detectors to be installed in accordance with the 1994 Edition of the Uniform Fire Code. 23. Provide an automatic fire sprinkler system according to NFPA 13R. 24. Prior to or concurrent with the submittal of plans for grading/building/ plan check/submittal of final subdivision map for engineering plan check, the applicant shall prepare and submit documentation for compliance with the State Water Resources Control Board (SWRCB) Water Quality Order 99- O8-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 1 acre (if over 5 acres if submitted prior to March 31, 2003) and a Water Quality Management Plan (WQMP) identifying and detailing the implementation of the applicable Best Management Practices (BMPs). 25. Comply with the requirements of the California Code of Regulations, Title 24, also known as the California Building Standards Code, as amended by the City of Costa Mesa. Eng. 26. 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, and hydrology calculations, both 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. 27. At the time of development, A Construction Access permit and deposit of $500 for street sweeping will be required by the Engineering Division prior to the start of any on- or off-site work. 28. Submit required cash deposit or surety bond to guarantee construction of offsite street improvements at time of permit per Costa Mesa Municipal Code Section 1532, and as approved by City engineer. Cash deposit or surety bond amount to be determined by the City engineer. 29. Obtain a permit from the Engineering Division, at the time of development and then construct P.C.C. residential sidewalk per City of Costa Mesa standards as shown on the offsite plan, including four (4) feet clear around obstructions in the sidewalk. 30. Obtain a permit from the Engineering Division at the time of development and then construct P.C.C. driveway approach per City of Costa Mesa standards as shown on the offsite plan. Location and dimensions are subject to the approval of the Transportation Services Manager. A.D.A. compliance is required for all driveway approaches. 31. Obtain a permit from the Engineering Division, at the time of development and then remove any existing driveways and/or curb depressions that will not be used and replace with full height curb and sidewalk at applicant's expense. 32. The applicant is informed that West 18"' Street is under a "NO OPEN CUT" moratorium until December 18, 2005. Open cutting the street pavement during the moratorium period shall require special resurfacing requirements. Trans. 33. Fulfill mitigation of off-site traffic impacts at the time of issuance of Certificate of Occupancy by submitting to the Planning Division the required Traffic Impact Fee pursuant to the prevailing schedule of charges adopted by the City Council. The Traffic Impact Fee is calculated based upon the average daily trip generation rate of 5.86 trip ends per TSF for the proposed project and includes a credit for any previously existing use. At the current rate the Traffic Impact Fee is estimated at $500.00. NOTE: The Traffic Impact Fee will be recalculated at the time of issuance of Certificate of Occupancy based upon any changes in the prevailing schedule of charges adopted by the City Council and in effect at that time. 34. Show right-of-way line as 30 ft. north of oentedine of West 18" Street (20 ft. from centerline to curb -face, 10 ft. curb face to property line). SPECIAL DISTRICT REQUIREMENTS The requirements of the following special districts are hereby forwarded to the applicant: CDFA 1. Comply with the requirements of the California Department of Food and Agriculture (CDFA) to determine if red imported fire ants exist on the property prior to any soil movement or excavation. Call CDFA at (714) 708-1910 for information. School 2. Pay applicable Newport Mesa Unified School District fees to the Building Division prior to issuance of building permits.