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HomeMy WebLinkAbout06-59 - Approving Planning Application PA-06-27RESOLUTION NO. 06-59 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -06-27. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by was filed by Farhad E. Khosravi, owner of real property located at 258 and 260 Santa Isabel Avenue, requesting approval of a variance from building height to legalize two single-family residences (currently under construction) that exceed the maximum building height allowed under code; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on June 26, 2006. WHEREAS, on June 29, 2006, Planning Commission's denial of PA -06-27 was appealed by the applicant to City Council; and WHEREAS, a duly noticed public hearing was held by the City Council on July 18, 2006. 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 -06-27 for 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 -06-27 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, APPROVED, AND ADOPTED this 181" day of July, 2006. ATTEST: ,/y,.tlulie Falcik, City Clerk Ilan R. Mansoor, Mayor APPROVED AS TO FORM: Kimberly all Barlow, City Attorney STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss CITY OF COSTA MESA ) I, JULIE FOLCIK, City Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that foregoing is the original of Resolution No. 06-59 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 18" day of July, 2006, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, MONAHAN NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 19`" day of July, 2006. ✓JULIE FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" FINDINGS A. The project complies with Costa Mesa Municipal Code Section 13-29(e) because: • The development, with the recommended conditions of approval, is compatible and harmonious with uses on surrounding properties. • Safety and compatibility of the design of the buildings and other site features have been considered. • The development, with the recommended conditions of approval, is consistent with the General Plan. • The cumulative effect of all planning applications have been considered. B. The information presented complies with Section 13-29(g)(1) of the Costa Mesa Municipal Code in that special circumstances applicable to the property exist to justify granting of the variance from building height. Specifically, as part of the project approval, additional fill dirt was brought in to elevate the rear of the site to provide drainage to the street as required by Code, making the building height seem taller from the abutting properties. Additionally, prior to the discovery of the excess roof height, staff inspected and granted approval of the roof sheathing material for the affected units. Furthermore, based upon the evidence and public testimony presented at the hearing, the public benefit will be signTicantly less than the cost to correct the excess building height, as the reduction in building height will not reduce the overall impact of the mass of the buildings on the surrounding properties, and would grant no special privileges to the applicant. The two affected units are located at the rear of the subject property, behind two 2 -story units, which will minimize the visual impacts of the increased roof height of the rear units from the street. With regard to the impacts on the properties at the rear of the site, the highest point of the roof peak, at 29 feet, 6 inches, is setback approximately 15 feet further than the required 20 -foot rear yard setback for second story structures as required by code, minimizing any impacts. 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 under Section 15301 for Existing Facilities. D. The project is exempt from Chapter IX, Article 11, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. All applicable conditions of approval, code requirements, and special district requirements for PA -02-10 shall be complied with. 2. The applicant shall plant screen trees along the west, east, and north sides of the property, and shall provide stucco walls for the adjacent property owners. Applicant shall work with the abutting neighbors and the Planning Division to satisfy this condition. 3. Two (2) sets of detailed landscape and irrigation plans, which meet the above condition, shall be submitted. Plans shall be approved by the Planning Division, and landscaping and irrigation installed in accordance with the approved plans, prior to final inspection or occupancy clearance. 4. The attic shall not be used as livable space.