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HomeMy WebLinkAbout08-08 - Approving Planning Application PA-07-03 and Tentative Tract Map T-17123RESOLUTION NO. 08-8 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, APPROVING PLANNING APPLICATION PA -07-03 AND TENTATIVE TRACT MAP T-17123. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, an application was filed by Jacob Sharp of D. Wooley & Associates, authorized agent for property owner Maximilian Group, with respect to the real property located at 173 Broadway, Units A-1 through B-3, requesting approval of the conversion of an existing 6 -unit apartment complex into a common interest development (condominiums), in the R2 -HD zone; and WHEREAS, a duly noticed public hearing was held by the Planning Commission on September 10, 2007, and PA -07-03/T-17123 was denied by Planning Commission; and WHEREAS, the item was appealed by Keith Scheinberg of Maximilian Group to the City Council on September 11, 2007; and WHEREAS a duly noticed public hearing was held by the City Council on October 2, 2007, and continued to January 15, 2008; 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 -07-03 and Tentative Tract Map T- 17123 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 -07-03 and Tentative Tract Map T-17123 and upon. applicant's compliance with each and all of the conditions contained in Exhibit "B", as well as with compliance of all applicable federal, state, and local laws. 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 15" day of January, 2008. ATTEST: JLA Folcik, City Clerk c Bever, Mayor APPROVED AS TO FORM: Kimlierly HaW 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. 08-8 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 15m day of January, 2008, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: BEVER, MANSOOR, FOLEY, LEECE NOES: COUNCIL MEMBERS: DIXON ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 161h day of January, 2008. J LIE FOLCIK, CITY CLERK (SEAL) EXHIBIT "A" (APPROVAL) Iy11lU111*, A. The information presented substantially complies with Costa Mesa Municipal Code Section 13-29(g)(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 conversion of the units would not result in the displacement of seniors or school-age children because there are none residing on the property and would not result in a loss of affordable rental units. 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 of approval is included requiring current tenants be offered right of first refusal to purchase, 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. 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. e. The cumulative effect of all the planning applications has been considered. C. The proposed single lot airspace subdivision is consistent with the City's General Plan and Zoning Ordinances. D. Approval of the subdivision will allow additional home ownership opportunities without impacting affordable rental housing. This is consistent with the objectives, policies, general land use, and programs specified in the General Plan. E. The subject property is physically suitable to accommodate T-17123 in terms of type, design and density of development, and will not result in substantial environmental damage nor public health problems, based on compliance with the City's Zoning Code and General Plan. F. 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. G. The subdivision and development of the property will not unreasonably interfere with the free and complete exercise of the public entry and/or public utility rights-of-way and/or easements within the tract. H. 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). 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. J. 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 (if Droiect is aooroved Ping. 1. Complete all exterior and interior improvements listed in the applicant's letter dated February 12, 2007. All requirements are to be completed under the direction of the Planning staff. 2. Treat termite infestations as recommended by a termite control company. 3. The address of the property and individual units (173 Broadway Units Al through A3 and 131 through 63) shall be blueprinted on the site plan and on all floor plans in the working drawings as part of the plan check submittal package. 4. Prior to issuance of building permits, applicant shall contact the US Postal Service with regards to location and design of mail delivery facilities. Such facilities shall be shown on the site plan, landscape plan, and/or floor plan. 5. 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 %" 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 Y4" stroke and shall contrast sharply with the background. 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 site plan shall show 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. 8. The conditions of approval and code requirements of Planning Application PA -07-03/T-17123 shall be blueprinted on the face of the site plan as part of the plan check submittal package. 9. The applicant shall contact the Planning Division to arrange for an inspection of the site prior to the final map approval. This inspection is to confirm that the conditions of approval and code requirements have been satisfied. 10. 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 Division. 11. The applicant shall offer the existing tenants right of first refusal to purchase any of the units with terms more favorable than those offered to the general public. The right shall run for a period of not less than 90 days unless the tenant gives prior written notice of his or her intention not to exercise the right. If an existing tenant confirms in writing that he/she is not interested in purchasing any of the units, the applicant shall register the tenant with an apartment/rental referral service that is mutually acceptable to the applicant and tenant, and if a registration fee is required, the applicant shall pay said fee. The applicant shall provide the Planning Division staff a copy of the written offer and the tenant's written response prior to map recordation. The applicant shall also provide written evidence that all tenants not accepting the purchase offer are registered with an apartment/rental referral service and the registration fee has been paid, if applicable. 12. The CC&Rs shall disclose that the available parking on-site is 2 spaces short of the current condominium conversion parking standards because of its legal nonconforming status. 13. The CC&R's shall require that garage spaces be used for parking purposes only. Any changes made to this provision require prior review and approval by the City of Costa Mesa. 14. The applicant shall contact utility companies for requirements and to obtain separate meters for each unit, including, but not limited to, separate irrigation meters. 15. In conjunction with project plan check review and approval, submit two (2) sets of detailed landscaped and irrigation plans which comply with Municipal Code requirements regarding landscaping materials and irrigation including percentage of turf allowed, number of trees and shrubs, etc., and provision of benderboard or other separation between turf and shrub areas. 16. The exterior of all building elevations shall be completely repainted. A minimum two colors shall be used- three colors recommended. Exterior facade improvements shall be completed per plans and under the direction of the Planning Staff. 17. Provide minimum 5 ft. high privacy/screen walls on the exterior sides (east and west) of the second floor decks above the garage. 18. Install energy efficient exterior doors and windows on all building elevations. 19. Provide exterior storage area for every unit under the direction of the Planning staff. 20. Underground overhead power line connections. 21. Install rain gutters on all appropriate building elevations. 22. Replace any broken sidewalks, driveways, or other hardscape improvements. Install decorative paving for driveway and walkway as shown on the conceptual site plan. This condition shall be completed under the direction of the Planning staff. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. Bldg. 42. Repair, replace, or construct interior property walls and/or fences. Screen utility meters, pedestals, etc. from the public right-of-way under the direction of the Planning Division. Replace all appliances, water heater, and light fixtures with Energy Star (or better) rated appliances/fixtures, including a programmable heating system, unless the applicant demonstrates that the existing appliances, etc. are energy efficient. Provide a washer/dryer hook-up in the interior of every unit. Provide appropriate interior separation of any common attic space areas and upgrade attic insulation to the maximum extent feasible. Each unit shall have access to the electrical branch circuits that serve the unit, and each unit shall have a minimum 100 -amp service. Provide separate water heaters for each unit. Replace all electrical wiring, outlets, switches, interior lighting (title 24) sub panels and exterior lighting. Replace all above ground plumbing and add tankless water heaters, camera test the sewer line and replace if needed, add main sewer clean outs and complete a water test. Replace all gas lines (interior and exterior) and conduct a pressure test. Install new ducting as needed, registers, and gas efficient HVACs. Check all framing for integrity and replace if needed. Install all new double paned low E glass windows and exterior doors. Replace all insulation. Install new stucco, paint, and carpet as needed. Replace all drywall with soundboard. All construction -related activity shall be limited to between the hours of 7 a.m. and 8 p.m., Monday through Friday, and 9 a.m. to 5 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. Construct two single -car carports, one on either side of the existing garage structure. Place the carports so that a tandem open assigned tenant parking space, including adequate backout area, is provided behind each carport space. The carport and associated tandem open parking space shall be assigned to the same owner/tenant. Deleted. The following Building Division corrections shall be made to all units: a. Provide GFCI Protected receptacles at all required areas. b. Verify Ground Electrode Conductor and water bond. c. Provide proper accessibility for electrical service. d. Drain pans for water heaters and provide separate piping from T/P relief piping. e. Provide seismic support for water heaters. f. Install smoke detectors at all required areas. Eng. 43. Comply with conditions contained within the letter prepared by the City Engineer dated June 5, 2007. City 44. The applicant shall provide 7 garage parking spaces and three parking Council spaces on either side of the garage for a total of 13 spaces. If the City determines that the garages are used for non-vehicle storage after proper notice, the City shall require the homeowners association to remove the garage doors. This condition of approval shall be included in the CC&Rs. 45. Under the direction of the Planning Division, the applicant shall provide "grasscrete" pavers for the two open parking spaces. Additionally, the applicant shall provide decorative (non-grasscrete) pavers within the parking area and driveway, as well as the entire width of the public alley abutting the project to the opposite side of the alley. 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. Bus.Lic. 1. All contractors and subcontractors must have valid business licenses to do business in the City of Costa Mesa. Final inspections will not be granted until all such licenses have been obtained. Ping. 2. Approval of the planning action for conversion 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. Approval of the parcel map shall be for a period of two years. Within this time period, map shall be recorded unless applicant applies for and is granted an extension of time by the Costa Mesa Planning Commission. 4. The applicant shall provide each tenant minimum 10 days written notification that an application for a public report will be, or has been, submitted to the Department of Real Estate, and that such report will be available upon request. Prior to final map approval, the applicant shall submit to Planning Division the written notices to tenants along with certified mail receipts. 5. The applicant shall provide minimum 180 days written notice of intention to convert prior to termination of tenancy due to the conversion. This includes the 60-day notification required as part of the parcel/tract map submittal. 6. A final inspection report shall be made by the Building Official, upon request of the applicant, indicating the compliance with all the imposed requirements. 7. All garages shall be provided with automatic garage door openers. 8. 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 13-41, as well as applicable conditions of approval and code requirements. The applicant shall provide the Planning Division proof of 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 sale of the units. 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 The requirement of the following special district is hereby forwarded to the applicant: Sani. 1. It is recommended that the developer contact the Costa Mesa Sanitary District at 949.645.8400 for current district requirements. 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. On-site parking shall be in assigned spaces only. The CC&Rs shall contain restrictions prohibiting parking in the driveway in front of garage doors. 12. Two (2) set of detailed landscape plans shall be submitted to the Planning Division for review as part of the plan check review and process. 13. Landscape plans shall meet the requirements set forth in Costa Mesa Municipal Code Sections 13-101 through 13-108. 14. Landscaping shall be installed in accordance with the approved plans prior to final inspection or occupancy clearance. 15. 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 requirement shall be completed under the direction of the Planning Division. Bldg. 16. Comply with the requirements of the 2005 California Energy Code, California Code of Regulations, Title 24, also known as the California Building Standards Code, as amended by the City of Costa Mesa. The requirement of the following special district is hereby forwarded to the applicant: Sani. 1. It is recommended that the developer contact the Costa Mesa Sanitary District at 949.645.8400 for current district requirements.