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HomeMy WebLinkAbout07-18 - Approving Planning Application PA-06-52, Including Master PlanRESOLUTION NO. 07-18 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -06-52, INCLUDING MASTER PLAN, A VARIANCE FROM OPEN SPACE REQUIREMENTS AND A MINOR MODIFICATION MM - 06 -36 FOR AN 8 -FOOT TALL PERIMETER BLOCK WALL AT 246012472 NEWPORT BOULEVARD. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Johnny Lu, of, authorized agent for T4 Development Company, for Planning Application PA -06-52 with respect to the real property located at 2460/2472 Newport Boulevard; WHEREAS, the proposed project involves the following: A Master Plan for a 14 - unit residential common interest development, including a variance from open space requirements (42% required, approximately 35% proposed) and Minor Modification MM - 06 -36 for an 8 -foot block wall (6 -foot maximum allowed), WHEREAS, a duly noticed public hearing was held by the Planning Commission on January 22, 2007 and by the City Council on February 20, 2007 to allow for public comment on the proposed project and with all persons having been given the opportunity to be heard both for and against the proposed project, WHEREAS, the Planning Commission adopted Resolution No. PC -07-07 recommending that City Council take the following actions: (a) Give first reading to Ordinance for Rezone R-06-04, and (b) approve Planning Application PA -06-52, including master plan, variances from open space requirements and minimum lot size, and minor modification MM -06-36; WHEREAS, the proposed project has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City environmental procedures, and is considered an exempt activity under CEQA Guidelines Section 15332, Class 32, related to infill development; BE IT FURTHER RESOLVED that, based on the evidence in the record and the findings contained in Exhibit "A", subject to the conditions contained in Exhibit "B", the City Council HEREBY APPROVES the following: (1) Planning Application PA -06-52 for a Master Plan for a 14 -unit residential common interest development, including a variance for open space requirements (42% required, approximately 35% proposed) and Minor Modification MM -06-36 for an 8 -foot block wall (6 -foot maximum allowed), BE IT FURTHER RESOLVED that the 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 -06-52 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, this Resolution, and any recommendation for approval herein contained, shall be deemed null and void, BE IT FURTHER RESOLVED that the City Council finds and determines that the approval of Planning Application PA -06-52 is expressly predicated on Rezone R-06-04 becoming final and effective. PASSED AND ADOPTED this 201" day of February, 2007. Allan R. Mansoor, Mayor ATTEST: APPROVED AS TO FORM: J e Folcik, City Clerk Kimberly Mall 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 the above and foregoing is the original of Resolution No. 07-18 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 20" day of February, 2007, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: MANSOOR, BEVER, DIXON, FOLEY, LEECE 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 21s' day of February, 2007. JLVE F LCIK, CITY CLERK (SEAQ EXHIBIT "A" FINDINGS A. The proposed master plan for a residential common interest development project and related improvements provide for residential home ownership and are in conformance with the goals, policies, and objectives of the Costa Mesa General Plan, provisions of the Zoning Code, and Newport Boulevard Specific Plan. Specifically, the master plan is in conformance with the broader goals of the General Plan and Newport Boulevard Specific Plan for a multi -family residential condominium project and exhibits excellence in design, site planning, integration of uses and structures and protection of the integrity of neighboring development. Lot consolidation is a goal of the Specific Plan. In addition, the siting of front yard patios along Building Complex A place landscaping and passive recreation areas in central, visible locations of the development and thereby eliminate impacts that would have been associated with rear yards abutting a two-story self -storage facility located on the property line. While the proposed master plan does not strictly conform to recommended lot size and width requirements of the Specific Plan, the Specific Plan allows variations from these guidelines based on the merits of the proposed project. Overall the proposed master plan represents a desirable product type in conformance with the Newport Boulevard Specific Plan. B. 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 onsite as well as those on surrounding properties. Specifically, the proposed high-density residential development will replace an existing commercial development. New 8 -foot tall perimeter block walls will provide noise attenuation and privacy from the adjacent commercial 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. The project shall provide a standard residential drive approach from Newport Boulevard that shall be ungated to avoid vehicle queuing from the public street. c. The planning application is for a project -specific case and does not establish a precedent for future development. d. The cumulative effects of Rezone R-06-04, Planning Application PA -06-52, and Minor Modification MM -06-36 have been considered. C. The project meets the purpose and intent of the Residential Design Guidelines which are intended to promote design excellence in new residential construction, with consideration given to compatibility with the established residential community. First, although the proposed units exceed the 80 percent second floor to first floor ratio recommended in the City's Residential Design Guidelines, the building massing will be primarily visible from within the development. Second, architectural treatments provide visual enhancements in the place of physically articulated wall planes. Third, the project does not feature a 10 -foot average side setback along the development property lines, however, architectural treatments and other vertical/horizontal plane breaks achieve the intent of this guideline. In addition, enhanced architectural treatment is provided for Unit A of Building Complex A, which is visible from Newport Boulevard. This project is considered similar in scale and design with the desired residential development along Newport Boulevard. D. The unusual shape of the newly -created flag lot exhibits unique physical conditions required for variance approval. The combination of 2460 and 2472 Newport Boulevard properties results in a flag -shaped lot that would eliminate the need for an access easement and provide an opportunity for residential development on an odd - shaped property. Development potential on the flag lot will be limited, and would exclude ownership residential development as encouraged by the Newport Boulevard Specific Plan, unless special considerations are made. Therefore, the unusual shape and the constraints imposed by Fire access requirements limit the available open space, and these are justifications for variance approval from Code - required open space. E. The long-term vision of the Newport Boulevard Specific Plan is to encourage viable commercial businesses to continue to prosper and to encourage marginal uses to redevelop. The strict application of code requirements for minimum lot size and open space would discourage redevelopment and thereby deprive the property owner of special privileges afforded to other standard -sized properties in the Specific Plan. Strict adherence of these code requirements may preclude and discourage future applications in the Specific Plan area, and this would conflict with the plan vision. The variance requests are considered reasonable and would result in implementation of a residential ownership project supportive of the Speck Plan vision. The minor modification for an 8 -foot high block wall will not be materially detrimental to the health, safety and general welfare of persons residing or working within the immediate vicinity of the project. The block wall is to provide noise attenuation and privacy from the adjacent commercial properties and is compatible with the design of the development. The 8 -foot high block wall is expected to provide noise attenuation in conformance with the City's Noise Ordinance and these interior and exterior noise standards shall be verified by a noise study prior to issuance of building permits. F. In accordance with State Law, the project has been reviewed for compliance with the California Environmental Quality Act and is considered an exempt activity under CEQA Guidelines Section 15332, Class 32, related to infill development Thus, the evidence presented in the record as a whole indicates that the project will not individually or cumulatively have an adverse effect on the environment. G. The proposed project complies with minimum requirements for fire apparatus access through the provision of a hammerhead configuration for adequate turnaround of fire apparatus and a 20 -foot wide driveable area with grasscrete surfaces to support a 68,000 pound fire truck. Due to the 300 -foot depth of the lot, the challenges associated with fire access may be minimized by the installation of residential sprinkler systems for all 14 dwelling units. H. The design of the subdivision provides, to the extent feasible, for future passive or natural heating and cooling opportunities in the subdivision, as required by Government Code Section 66473.1. I. The future subdivision for condominium purposes and development of the property will not unreasonably interfere with the free and complete exercise of the public entity and/or public utility rights- of -way and/or easements within the tract. The subdivision map application shall be processed and approved by the City prior to issuance of building permits to ensure compliance with the Subdivision Map Act requirements and provision of ownership dwelling units. J. The discharge of sewage from this subdivision into the public sewer system will not violate the requirements of the California Regional Water Quality Control Board pursuant to Division 7 (commencing with Section 13000 of the Water Code).