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Home My WebLink About15-21 - Change Land Use Designation for Property at 1239 Victoria StreetRESOLUTION NO. 15-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, ADOPTING THE INITIAL STUDY/MITIGATED NEGATIVE DECLARATION AND GENERAL PLAN AMENDMENT GP -14-03 TO CHANGE THE LAND USE DESIGNATION TO HIGH DENSITY RESIDENTIAL FOR THE PROPERTY LOCATED AT 1239 VICTORIA STREET. THE CITY COUNCIL OF THE CITY OF COSTA MESA HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City Council of the City of Costa Mesa adopted the 2000 General Plan on January 22, 2002; WHEREAS, California Government Code Section 65358(a) authorizes the City Council to amend the General Plan if it deemed to be in the public interest; WHEREAS, the General Plan is a long-range, comprehensive document that serves as a guide for the orderly development of the City of Costa Mesa; WHEREAS, by its very nature, the General Plan is subject to update and revision to account for current and future community needs; WHEREAS, an application was filed by Trumark Homes, representing the property owner, Westar Holdings, Inc., requesting approval of the following land use entitlements for the property at 1239 Victoria Street; 1. General Plan Amendment GP -14-03: General Plan amendment to change of Land Use Designation from Neighborhood Commercial (NC) to High Density Residential (HDR). 2. Rezone R-14-03: Rezone from Administrative and Professional (AP) District to R2 -HD (Multiple -Family Residential District, High Density), up to 14.5 dwelling units per acre. Resolution No. 15-21 Page 1 of 7 3. Planning Application PA -14-19: A Design Review for development of a 28 -unit Residential Planned Development at the site of an existing commercial/light industrial use. The project consists of the development of 28 single-family, detached residences with a net density of 14 dwelling units per acre. The three bedroom residences are three -stories with roof decks and have attached two -car garages. A total of 56 garage parking spaces, 42 driveway spaces, and 14 guest parking spaces are proposed (112 total spaces, four spaces per unit). The following Variances are requested: a. Open Space - a minimum of 40 percent required, 34.9 percent proposed. b. Rear Setback (20 feet required for second story; 10 feet proposed for second and third stories). c. Building Height (maximum 2 stories/27 feet required; 3 stories/roof deck/37 feet proposed). The project also includes the following: a. Administrative Adjustment is required for the front building setback (20 feet required; 14 feet proposed) and a Minor Modification is required to deviate from the distance from main buildings (10 feet required, 8 feet proposed). b. Vesting Tentative Tract Map VT -17779: Subdivision of a 2.04 -acre property for homeownership. c. Request to reduce a portion of park impact fees towards the cost of Vista Park fencing - The Planning Commission recommends a condition of approval for the construction of a 200- to 300 -foot long wrought iron fence Resolution No. 15-21 Page 2 of 7 along Vista Park. The cost of the fencing is estimated at $32,000, and the applicant is requesting that the park impact fees be reduced in proportion to the construction cost. ($380,016.00 park fee required; $348,016.00 park fee proposed). WHEREAS, an amendment to the General Plan Land Use Element is proposed to change the land use designation of the site from Neighborhood Commercial to High Density Residential; WHEREAS, an amendment to the General Plan Land Use Element is required to allow for development of high density residential uses at the subject property; WHEREAS, the General Plan Amendment involves an amendment to the Land Use Map of the City of Costa Mesa (Exhibit 1); WHEREAS, the General Plan Amendment approval is pending the adoption of Ordinance No. 15-04 for Rezone R-14-03; WHEREAS, a duly noticed public hearing was held by the Planning Commission on March 23, 2015, and continued to April 13, 2015 with all persons having the opportunity to speak for and against the proposal; WHEREAS, a duly noticed public hearing was held by the City Council on May 5, 2015, with all persons having the opportunity to speak for and against the proposal; WHEREAS, pursuant to the California Environmental Quality Act (CEQA), an Initial Study/Mitigated Negative Declaration was prepared and circulated through the State Clearinghouse, and the required 30 -day public review period was specified from February 25, 2015, to March 27, 2015 for public review and comment; Resolution No. 15-21 Page 3 of 7 WHEREAS, the Planning Commission and City Council reviewed all environmental documents comprising the Initial Study/Mitigated Negative and has found that the IS/MND considers all environmental impacts of the proposed project, and the IS/MND is complete and adequate and fully complies with all requirements of CEQA, the CEQA Guidelines, and the City of Costa Mesa Environmental Guidelines; WHEREAS, the Planning Commission recommended that City Council approve the IS/MND and adopt the General Plan amendment by adopting Resolution No. PC -15- 17; WHEREAS, the City Council considered the Initial Study/Mitigated Negative Declaration and Responses to Comments document, as well as public comments received to date, on or before the May 5, 2015 public hearing, prior to taking action on the proposed project; WHEREAS, the final adoption of the Initial Study/Mitigated Negative Declaration shall be considered by the City Council as the final approval authority, after evaluation of the environmental document and all comments on the IS/MND received during the public review period; WHEREAS, written comments received from the general public, government entities, and other interested parties were responded to, where appropriate, in the manner prescribed in California Code of Regulations Section 15073; WHEREAS, no significant new information has been added to the Initial Study/Mitigated Negative Declaration and no changes to the proposed project have occurred which would require recirculation of the Initial Study/Mitigated Negative Declaration under CEQA Guidelines Section 15073.5; Resolution No. 15-21 Page 4 of 7 1 WHEREAS, the City Council has found that the Initial Study/Mitigated Negative Declaration for this project reflects the independent judgment of the City of Costa Mesa; BE IT RESOLVED that, based on the evidence in the record, the City Council does hereby ADOPT the Initial Study/Mitigated Negative Declaration and APPROVE General Plan Amendment GP -14-03 which amends the Land Use Element of the 2000 General Plan as set forth in Exhibit A attached to this resolution; BE IT FURTHER RESOLVED that the City Council has also considered and finds that the benefits of the project outweigh the environmental impacts, especially considering that all significant environmental impacts are mitigated to below a level of significance. The City Council finds that the Mitigation Monitoring Program in the environmental document sufficiently addresses and reduces environmental impacts to below a level of significance; 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 General Plan Amendment GP -14-03, Rezone R-14-03, Planning Application PA -14-19, and Vesting Tentative Tract Map VT -17779 and upon the applicant's compliance with specified conditions of approval and mitigation measures and compliance with 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 and/or mitigation measures. Resolution No. 15-21 Page 5 of 7 1 1 BE IT FURTHER RESOLVED that if any section, division, sentence, clause, phrase or portion of this resolution, or the documents in the record in support of this resolution, are for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining provisions. Stephen M.lWsinger; ATTEST: &QMdA-a0l�_1 Brenda Green, CNy Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss 5th day of May, 2015. APPROV ASn TOTORM: ��l I I ; Thomas Duarte, City Attorney I, BRENDA GREEN, City Clerk and ex -officio Clerk of the City of Costa Mesa, DO HEREBY CERTIFY that the above and foregoing is the original of Resolution No. 15-21 and was duly passed and adopted by the City Council of the City of Costa Mesa at a regular meeting held on the 5th day of May, 2015, by the following roll call vote, to wit: AYES: COUNCIL MEMBERS: Monahan, Righeimer, Mensinger NOES: COUNCIL MEMBERS: Foley, Genis ABSENT: COUNCIL MEMBERS: None IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 6th day of May, 2015. Brenda Green, CiN Clerk (SEAL) Resolution No. 15-21 Page 6 of 7 1 1 EXHIBIT 1 — GENERAL PLAN AMENDMENT GP -14-03 Amendment to the Land Use Map and Related Land Use Table Change the land use designation of the 2.04 -acre development site at 1239 Victoria Street from Neighborhood Commercial (NC) to High Density Residential (HDR) Note: Updated text changes to the Land Use Summary Table of the General Plan are also required, as applicable. pQq �O 00 0 000 Op0° °p COUNTY /-I - iC 12002 S www GooPrma NET V1 r> SEA BLUFF DR z Resolution No. 15-21 Page 7 of 7