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HomeMy WebLinkAbout06-72 - Approving Planning Application PA-06-29RESOLUTION NO. 06-72 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -06-29. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Peter Zehnder, authorized agent for Evans Trust, with respect to the real property located at 2379 and 2381 Elden Avenue (Units A — F), requesting approval of the conversion of 12 apartments to a common interest development, in the R2 -MD zone; and, WHEREAS, a duly noticed public hearing was held by the Planning Commission on July 10, 2006, and PA -06-29 was denied by Planning Commission; and WHEREAS, the item was appealed by Peter Zehnder to the City Council on July 17, 2006; and WHEREAS a duly noticed public hearing was held by the City Council on September 5, 2006; 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 -06-29 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 -06-29 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 e' day of September, 2006. ATTEST: Juli olcik, City Clerk Allan . 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. 06-72 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 5" day of September, 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 6" day of September, 2006. JUL4E FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" (APPROVAL) FINDINGS A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29 (10) in that, although the critical vacancy rate is less than the rate established in Section 13-42 (c) (Residential Common Interest Development Conversions), the condominium conversion will not diminish affordable housing stock for the very -low income households within the City. Conversion of the apartments will result in a general upgrading of the property, as well as providing additional home ownership opportunities within the City. To ensure that existing tenants are not displaced unreasonably, a condition is included to require that current tenants be offered right of first refusal to purchase a unit, or the property owner pay registration fees for an apartment search service to help them find a new apartment if they decide not to purchase. B. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(e) in that: a. The project is compatible and harmonious with existing development and uses in the general neighborhood. b. Safety and compatibility of the design of buildings, parking areas, landscaping, luminaries and other site features, which includes functional aspect of the site development such as automobile and pedestrian circulation, have been considered. c. The project is consistent with the General Plan's Land Use and Housing Element goals and objectives for additional ownership housing and to improve the balance between rental and ownership housing opportunities within the City. d. The planning application is for a project -specific case and is not to be construed to be setting a precedent for future development. 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 XII, Article 3, Transportation System Management, of Title 13 of the Costa Mesa Municipal Code. EXHIBIT "B" CONDITIONS OF APPROVAL Ping. 1. The following improvements shall be made: 1. All exterior and interior improvements listed in applicant's "Proposed Improvements" letter. This condition shall be completed under the direction of the Planning staff. 2. Replace all fences throughout the property. A 6 -foot high decorative block wall shall be provided on the project's perimeter property line (minimum 10 -foot setback from front property line required). 3. Replace existing driveway and re -design without a center concrete swale. This condition shall be completed under the direction of Development Services and Public Services Departments. 4. Provide decorative paving at the driveway entry areas. 5. Upgrade landscaping to comply with current code requirements. 6. Treat termite infestations as recommended by a termite control company. 2. The address of individual units shall be blueprinted on the site plan and on all floor plans in the working drawings. 3. 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. 4. Street addresses shall be displayed on the complex identification sign or, if there is no complex identification sign, on the wall in a manner visible to the public street. Street address numerals shall be a minimum 6" in height with not less than Y:" 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 Y:' stroke and shall contrast sharply with the background. 5. To avoid an alley -like appearance, the driveway shall be reconstructed without a center Swale. Design shall be approved by the Planning Division. 6. Applicant shall contact the Building Safety Division, prior to the release of utilities for any units, to provide proof that the Uniform Building Code requirements for condominiums have been satisfied, to obtain a change of occupancy permit, and to complete any additional paperwork created through this conversion. 7. The conditions of approval and ordinance or code provisions and special district requirements of Planning Application PA -06-29 shall be blueprinted on the face of the site plan. 8. The applicant shall contact the Planning Division to arrange for an inspection of the site prior to the final Building Division inspections. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 9. The applicant shall offer the existing tenants right of first refusal to purchase the units with terms more favorable than those offered to the general public. If the existing tenants confirm in writing that they are not interested in purchasing the units, the property owner will pay the registration fee for an apartment referral service. 10. The CC&Rs shall disclose that the available parking on-site is 12 spaces short of the current condominium parking standards because of its legal nonconforming status. 11. The applicant shall show proof of compliance with all applicable conditions of approval and code requirements prior to recordation of the final map. This condition shall be completed under the direction of the Planning Staff. 12. The CC&R's shall require that garage spaces be used for parking, and any changes made to this provision require prior review and approval by the City of Costa Mesa. Bldg. 13. The following Building Division corrections shall be made: a. Smoke alarms required at locations referenced by the California Building Code. b. Install draft stops in attic areas, separating dwelling units. c. Maintain one-hour separation between garages and dwelling units. d. Install water heaters per California Plumbing Code requirements. e. Remove plastic piping installed in garage. f. Above -ground gas lines shall be installed minimum 6 inches above grade. g. Provide type B gas vent termination caps. h. Provide GFCI protection for receptacles at kitchens, bathrooms, garages, and outdoors. i. Remove illegal wiring methods in garages. Eng. 14. Submit subdivision application and comply with conditions of approval and code requirements.